Document ID: chunk:federal_register_of_legislation:C2008A00137:clause:1_18ju:p2
Version: federal_register_of_legislation:C2008A00137
Segment Type: clause
Provision Reference: sch 1 cl 18JU (pt 2/2)
Character Range: 84464–85572

ready for sale; and
 (c) the package is not marked with an AQS mark; and
 (d) the packed article is contained in a receptacle; and
 (e) either of the following is marked on or near the receptacle:
 (i) a measurement or minimum measurement of the article contained in the package;
 (ii) a representation (including a statement as to price) by which the measurement of the article contained in the package can be worked out; and
 (f) there is a shortfall in the measurement of the article contained in the package.

Penalty: 40 penalty units.

 (5) Subject to subsection (6), subsections (2) and (4) are offences of strict liability.

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

 (6) Absolute liability applies to subparagraphs (a)(i) and (ii) of the definition of shortfall in section 18JR as applied for the purposes of paragraphs (1)(e), (2)(e), (3)(f) and (4)(f).

Note: For absolute liability, see section 6.2 of the Criminal Code.

 (7) Section 15.2 (extended geographical jurisdiction—category B) of the Criminal Code applies to offences against subsections (1), (2), (3) and (4).