Document ID: chunk:federal_register_of_legislation:C2024C00648:section:18hb:p1
Version: federal_register_of_legislation:C2024C00648
Segment Type: section
Provision Reference: s 18HB (pt 1/3)
Character Range: 82263–84813

18HB  Certain articles must be sold by measurement—articles packed in advance ready for sale

Offence requiring fault element—seller
 (1) A person commits an offence if:
 (a) the person sells an article that is packed in advance ready for sale; and
 (b) the packed article is of a class that, by regulation, must be sold by measurement; and
 (c) either:
 (i) the package in which the article is sold is marked with a price that is not determined by measurement; or
 (ii) there is a marking on or near the receptacle in which the packed article is contained that is marked with a price that is not determined by measurement.
Penalty: 100 penalty units.
Note: For an exception to this offence, see subsection (9).

Strict liability offence—seller
 (2) A person commits an offence if:
 (a) the person sells an article that is packed in advance ready for sale; and
 (b) the packed article is of a class that, by regulation, must be sold by measurement; and
 (c) either:
 (i) the package in which the article is sold is marked with a price that is not determined by measurement; or
 (ii) there is a marking on or near the receptacle in which the packed article is contained that is marked with a price that is not determined by measurement.
Penalty: 20 penalty units.
Note: For an exception to this offence, see subsection (9).

Offence requiring fault element—possession, offer or exposure for sale
 (3) A person commits an offence if:
 (a) the person possesses an article for sale, or offers or exposes it for sale; and
 (b) the article has been packed in advance ready for sale; and
 (c) the article is of a class that, by regulation, must be sold by measurement; and
 (d) either:
 (i) the package in which the article is sold is marked with a price that is not determined by measurement; or
 (ii) there is a marking on or near the receptacle in which the packed article is contained that is marked with a price that is not determined by measurement.
Penalty: 100 penalty units.
Note: For an exception to this offence, see subsection (9).

Strict liability offence—possession, offer or exposure for sale
 (4) A person commits an offence if:
 (a) the person possesses an article for sale, or offers or exposes it for sale; and
 (b) the article has been packed in advance ready for sale; and
 (c) the article is of a class that, by regulation, must be sold by measurement; and
 (d) either:
 (i) the package in which the article is sold is marked with a price that is not determined by measurement; or
 (ii) there is a marking on or near the receptacle in