Australian Capital Territory Repealed Acts

This legislation has been repealed.

WEIGHTS AND MEASURES (PACKAGED GOODS) ACT 1970 (REPEALED) - SECT 10

        (a)     marks on a package containing a pre-packed article, as the weight or measure of that article, a weight or measure that is greater than the weight or measure of the article; or

        (b)     packs for sale a pre-packed article in a package on which is marked, as the weight or measure of an article contained in the package, a weight or measure that exceeds the weight or measure of the first-mentioned article,

is guilty of an offence against this subsection.

(2) A person who sells a pre-packed article, whether packed in or outside the Territory, the weight or measure of which is less than the weight or measure marked on the package containing the article is, subject to section 18 of this Act, guilty of an offence against this subsection.

(3) A person who delivers or sends to the purchaser of a pre-packed article an invoice or delivery note that states as the weight or measure of the article a weight or measure that is greater than the weight or measure of the article is, subject to section 18 of this Act, guilty of an offence against this subsection.

(4) The last three preceding subsections apply to and in relation to a pre-packed article notwithstanding that this Act does not require the package to be marked with the weight or measure of the article in the package.

(5) Where the weight or measure marked on a package (in the succeeding provisions of this section referred to as “the relevant package”) containing a pre-packed article (in the succeeding provisions of this section referred to as “the relevant article”) exceeds the weight or measure of the relevant article by not more than—

        (a)     in the case where the relevant package containing the relevant article is a glass bottle on which is marked a weight or measure not exceeding eight ounces or two hundred and fifty grammes or, if the weight or measure is expressed in liquid measure, eight fluid ounces or two hundred and fifty millilitres—seven and one-half parts per centum of the weight or measure stated on the marking on the relevant package; or

        (b)     in any other case—five parts per centum of the weight or measure marked on the relevant package,

the weight or measure of the relevant article shall, subject to the next succeeding subsection, be deemed, for the purposes of this section, to be a weight or measure equal to the weight or measure marked on the relevant package.

(6) The last preceding subsection does not apply where—

        (a)     six or more packages—

              (i)     that are marked with the same weight or measure as the relevant package;

              (ii)     that contain the same article as the relevant article; and

              (iii)     that were packed by the person by whom the relevant package was packed,

are available for weighing or measuring; and

        (b)     the total of the weights or measures of the articles contained in the packages available or, if the number of packages so available exceeds twelve, the total of the weights or measures of the articles contained in twelve packages selected at random is less than the total of the weights or measures marked on those packages or those twelve packages, as the case may be.

(7) This section does not apply to or in relation to—

        (a)     articles that are declared articles, or specified declared articles, within the meaning of the next succeeding section; or

        (b)     after regulations are made for the purposes of paragraph (a) of subsection (1) of section 12 of this Act—an article declared in those regulations,

unless such an article is packed in a hermetically-sealed package.

(8) The penalty for an offence against subsection (1), (2) or (3) of this section is, subject to the next succeeding subsection, a fine not exceeding Two hundred dollars.

(9) Where a person who has been convicted of an offence against subsection (1), (2) or (3) of this section is subsequently convicted of an offence against any of those subsections committed after the date on which he was convicted of the first-mentioned offence, that person is liable, on his subsequent conviction for such an offence, to a penalty not exceeding Four hundred dollars.

Articles that may be marked with the words “Net weight when packed” or alternative words