Document ID: chunk:federal_register_of_legislation:C2024C00648:section:18ja
Version: federal_register_of_legislation:C2024C00648
Segment Type: section
Provision Reference: s 18JA
Character Range: 103139–105225

18JA  Package must be marked with required package information—packer

Offence requiring fault element
 (1) A person commits an offence if:
 (a) the person packs an article; and
 (b) the article is packed in advance ready for sale; and
 (c) the packed article is of a class for which one or more of the following kinds of information is prescribed:
 (i) the name and address of the person who packed the article or on whose behalf the article was packed;
 (ii) the measurement of the article;
 (iii) any other information prescribed for the purposes of this subparagraph; and
 (d) the person does not mark the package with that information.
Penalty: 100 penalty units.
Note: For an exception to this offence, see subsection (4) of this section and subsection 18JHA(3).

Strict liability offence
 (2) A person commits an offence if:
 (a) the person packs an article; and
 (b) the article is packed in advance ready for sale; and
 (c) the packed article is of a class for which one or more of the following kinds of information is prescribed:
 (i) the name and address of the person who packed the article or on whose behalf the article was packed;
 (ii) the measurement of the article;
 (iii) any other information prescribed for the purposes of this subparagraph; and
 (d) the person does not mark the package with that information.
Penalty: 20 penalty units.
Note: For an exception to this offence, see subsection (4) of this section and subsection 18JHA(3).
 (3) Subsection (2) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
 (4) Subsections (1) and (2) do not apply as a result of subparagraph (1)(c)(i) or (2)(c)(i) if the person knows that the article is to be sold on the premises on which it was packed for the consumption or use of the purchaser.
Note: A defendant bears an evidential burden in relation to the matters in subsection (4), see subsection 13.3(3) of the Criminal Code.
 (5) Section 15.2 (extended geographical jurisdiction—category B) of the Criminal Code applies to offences against subsections (1) and (2).