Document ID: chunk:federal_register_of_legislation:C2008A00137:clause:1_18ka
Version: federal_register_of_legislation:C2008A00137
Segment Type: clause
Provision Reference: sch 1 cl 18KA
Character Range: 94064–95393

18KA  Measurement must be open to scrutiny if purchaser present

Offence requiring fault element

 (1) A person commits an offence if:
 (a) the person sells an article for a price determined by reference to measurement of the article; and
 (b) the article is not packed in advance ready for sale; and
 (c) the purchaser is present at the point of sale; and
 (d) the measurement is made in either of the following circumstances:
 (i) the measuring process is not readily visible to the purchaser;
 (ii) any reading or information displayed by the measuring instrument is not readily visible to the purchaser.

Penalty: 200 penalty units.

Strict liability offence

 (2) A person commits an offence if:
 (a) the person sells an article for a price determined by reference to measurement of the article; and
 (b) the article is not packed in advance ready for sale; and
 (c) the purchaser is present at the point of sale; and
 (d) the measurement is made in either of the following circumstances:
 (i) the measuring process is not readily visible to the purchaser;
 (ii) any reading or information displayed by the measuring instrument is not readily visible to the purchaser.

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.