Document ID: chunk:federal_register_of_legislation:C2008A00137:clause:1_18hi
Version: federal_register_of_legislation:C2008A00137
Segment Type: clause
Provision Reference: sch 1 cl 18HI
Character Range: 43831–46392

18HI  Articles sold by measurement to be sold by net measurement

Offence requiring fault element—sellers

 (1) A person commits an offence if:
 (a) the person sells an article (whether packed in advance ready for sale or otherwise) for a price determined by reference to measurement of the article; and
 (b) the price is not determined by reference to the net measurement of the article when sold or, if an alternative time is prescribed in relation to the article, or articles of that class, at that alternative time.

Penalty: 100 penalty units.

Strict liability offence—sellers

 (2) A person commits an offence if:
 (a) the person sells an article (whether packed in advance ready for sale or otherwise) for a price determined by reference to measurement of the article; and
 (b) the price is not determined by reference to the net measurement of the article when sold or, if an alternative time is prescribed in relation to the article, or articles of that class, at that alternative time.

Penalty: 20 penalty units.

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, at a particular time (whether packed in advance ready for sale or otherwise) for a price determined by reference to measurement of the article; and
 (b) the price is not determined by reference to the net measurement of the article at that time or, if an alternative time is prescribed in relation to the article, or articles of that class, at that alternative time.

Penalty: 100 penalty units.

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, at a particular time (whether packed in advance ready for sale or otherwise) for a price determined by reference to measurement of the article; and
 (b) the price is not determined by reference to the net measurement of the article at that time or, if an alternative time is prescribed in relation to the article, or articles of that class, at that alternative time.

Penalty: 20 penalty units.

 (5) Subsections (2) and (4) are offences of strict liability.

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

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

Part VI—Articles packed in advance ready for sale

Division 1—Overview of Part