Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A person commits an offence if:
(a) the person imports into Australia 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 package is not marked with that information (whether before the article is imported, or by the person after the article is imported).
Note: For an exception to this offence, see subsection (4) of this section and subsection 18JHA(3).
(2) A person commits an offence if:
(a) the person imports into Australia 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 package is not marked with that information (whether before the article is imported, or by the person after the article is imported).
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 if a permit in relation to the packed article has been issued under section 18JX.
Note: A defendant bears an evidential burden in relation to the matters
in subsection (4), see subsection 13.3(3) of the Criminal Code .