Document ID: chunk:federal_register_of_legislation:C2008A00137:clause:1_18jm:p1
Version: federal_register_of_legislation:C2008A00137
Segment Type: clause
Provision Reference: sch 1 cl 18JM (pt 1/2)
Character Range: 65439–68106

18JM  Shortfall offence—packer

Offence requiring fault element

 (1) A person commits an offence if:
 (a) the person packs an article; and
 (b) the article is packed in advance ready for sale; and
 (c) the package is marked with an AQS mark; and
 (d) the person:
 (i) marks the package with a measurement or minimum measurement of the article contained in the package; or
 (ii) marks the package with a representation (including a statement as to price) by which the measurement of the article contained in the package can be worked out; or
 (iii) otherwise, by any document or statement, represents the measurement or minimum measurement of the article contained in the package, or makes a representation (including a statement as to price) by which the measurement of the article contained in the package can be worked out; and
 (e) the package is one of a group of packages of the same kind that, once packed, are on the same premises or in the same vehicle; and
 (f) the number of packages in the group equals or exceeds the AQS threshold; and
 (g) a sample of the group, selected in accordance with AQS sampling procedures, fails testing in accordance with AQS test procedures.

Penalty: 200 penalty units.

Strict liability offence

 (2) A person commits an offence if:
 (a) the person packs an article; and
 (b) the article is packed in advance ready for sale; and
 (c) the package is marked with an AQS mark; and
 (d) the person:
 (i) marks the package with a measurement or minimum measurement of the article contained in the package; or
 (ii) marks the package with a representation (including a statement as to price) by which the measurement of the article contained in the package can be worked out; or
 (iii) otherwise, by any document or statement, represents the measurement or minimum measurement of the article contained in the package, or makes a representation (including a statement as to price) by which the measurement of the article contained in the package can be worked out; and
 (e) the package is one of a group of packages of the same kind that, once packed, are on the same premises or in the same vehicle; and
 (f) the number of packages in the group equals or exceeds the AQS threshold; and
 (g) a sample of the group, selected in accordance with AQS sampling procedures, fails testing in accordance with AQS test procedures.

Penalty: 40 penalty units.

 (3) Subject to subsection (4), subsection (2) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

 (4) Absolute liability applies to paragraphs (1)(e), (1)(f), (2)(e) and (2)(f).

Note: For absolute liability, see section 6.2