Document ID: chunk:federal_register_of_legislation:C2008A00137:clause:1_18gq
Version: federal_register_of_legislation:C2008A00137
Segment Type: clause
Provision Reference: sch 1 cl 18GQ
Character Range: 32253–34436

18GQ  Obligation on repair of measuring instrument

Offence requiring fault element

 (1) A person commits an offence if:
 (a) the person uses a measuring instrument for trade; and
 (b) the person adjusts or repairs the measuring instrument, or causes the measuring instrument to be adjusted or repaired; and
 (c) in adjusting or repairing the measuring instrument, the metrological performance of the measuring instrument is affected; and
 (d) if the person causes the measuring instrument to be adjusted or repaired—the adjustment or repair of the measuring instrument is not performed by a servicing licensee or an employee of a servicing licensee or, in the case of a utility meter, by a utility meter verifier; and
 (e) the person does not obliterate, or cause to be obliterated, any verification mark that the measuring instrument bears.

Penalty: 200 penalty units.

Strict liability offence

 (2) A person commits an offence if:
 (a) the person uses a measuring instrument for trade; and
 (b) the person adjusts or repairs the measuring instrument, or causes the measuring instrument to be adjusted or repaired; and
 (c) in adjusting or repairing the measuring instrument, the metrological performance of the measuring instrument is affected; and
 (d) if the person causes the measuring instrument to be adjusted or repaired—the adjustment or repair of the measuring instrument is not performed by a servicing licensee or an employee of a servicing licensee or, in the case of a utility meter, by a utility meter verifier; and
 (e) the person does not obliterate, or cause to be obliterated, any verification mark that the measuring instrument bears.

Penalty: 40 penalty units.

 (3) Subsection (2) is an offence of strict liability.

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

Defence

 (4) Subsections (1) and (2) do not apply if the effect on the measuring instrument can be corrected by normal operational adjustment of the measuring instrument.

Note: A defendant bears an evidential burden in relation to the matter in subsection (4), see subsection 13.3(3) of the Criminal Code.

Part V—General provisions on using measurement in trade