Commonwealth Consolidated Acts

NATIONAL MEASUREMENT ACT 1960 - SECT 18JL

Offence requiring fault element--packer

  (1)   A person commits an offence if the person:

  (a)   packs an article in advance ready for sale; and

  (b)   marks the article with a mark that is not an AQS mark, but that is likely to give the impression that it is an AQS mark.

Penalty:   200 penalty units.

Note:   For an exception to this offence, see subsection   18JLA(3).

Strict liability offence--packer

  (2)   A person commits an offence if the person:

  (a)   packs an article in advance ready for sale; and

  (b)   marks the article with a mark that is not an AQS mark, but that is likely to give the impression that it is an AQS mark.

Penalty:   40 penalty units.

Note:   For an exception to this offence, see subsection   18JLA(3).

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 marked with a mark that is not an AQS mark, but that is likely to give the impression that it is an AQS mark.

Penalty:   200 penalty units.

Note:   For an exception to this offence, see subsection   18JLA(3).

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 marked with a mark that is not an AQS mark, but that is likely to give the impression that it is an AQS mark.

Penalty:   40 penalty units.

Note:   For an exception to this offence, see subsection   18JLA(3).

Offence requiring fault element--seller

  (5)   A person commits an offence if:

  (a)   the person sells an article; and

  (b)   the article has been packed in advance ready for sale; and

  (c)   the article is marked with a mark that is not an AQS mark, but that is likely to give the impression that it is an AQS mark.

Penalty:   200 penalty units.

Note:   For an exception to this offence, see subsection   18JLA(3).

Strict liability offence--seller

  (6)   A person commits an offence if:

  (a)   the person sells an article; and

  (b)   the article has been packed in advance ready for sale; and

  (c)   the article is marked with a mark that is not an AQS mark, but that is likely to give the impression that it is an AQS mark.

Penalty:   40 penalty units.

Note:   For an exception to this offence, see subsection   18JLA(3).

  (7)   Subsections   (2), (4) and (6) are offences of strict liability.

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