Commonwealth Consolidated Acts

NATIONAL MEASUREMENT ACT 1960 - SECT 18GO

Offence requiring fault element--marking a measuring instrument with a misleading mark

  (1)   A person commits an offence if:

  (a)   the person marks a measuring instrument; and

  (b)   the mark is not a verification mark but is likely to give the impression that it is a verification mark.

Penalty:   200 penalty units.

Strict liability offence--marking a measuring instrument with a misleading mark

  (2)   A person commits an offence if:

  (a)   the person marks a measuring instrument; and

  (b)   the mark is not a verification mark but is likely to give the impression that it is a verification mark.

Penalty:   40 penalty units.

Offence requiring fault element--using, selling or supplying a measuring instrument misleadingly marked

  (3)   A person commits an offence if:

  (a)   the person:

  (i)   uses a measuring instrument for trade; or

  (ii)   sells or otherwise supplies a measuring instrument for use for trade; and

  (b)   the measuring instrument is marked; and

  (c)   the mark is not a verification mark but is likely to give the impression that it is a verification mark.

Penalty:   200 penalty units.

Strict liability offence--using, selling or supplying a measuring instrument misleadingly marked

  (4)   A person commits an offence if:

  (a)   the person:

  (i)   uses a measuring instrument for trade; or

  (ii)   sells or otherwise supplies a measuring instrument for use for trade; and

  (b)   the measuring instrument is marked; and

  (c)   the mark is not a verification mark but is likely to give the impression that it is a verification mark.

Penalty:   40 penalty units.

Offence requiring fault element--possessing instrument for making misleading mark

  (5)   A person commits an offence if:

  (a)   the person has an instrument or other thing in his or her possession; and

  (b)   the instrument or thing is designed for making a mark on a measuring instrument that is not a verification mark but is likely to give the impression that it is a verification mark.

Penalty:   200 penalty units.

Strict liability offence--possessing instrument for making misleading mark

  (6)   A person commits an offence if:

  (a)   the person has an instrument or other thing in his or her possession; and

  (b)   the instrument or thing is designed for making a mark on a measuring instrument that is not a verification mark but is likely to give the impression that it is a verification mark.

Penalty:   40 penalty units.

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

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