Commonwealth Consolidated Acts

NATIONAL MEASUREMENT ACT 1960 - SECT 18JE

Offence requiring fault element

  (1)   A person commits an offence if:

  (a)   the person would commit an offence under section   18JA, 18JB, 18JC or 18JD unless the person marked a package with information; and

  (b)   the manner in which that information is to be marked on the package is prescribed by the regulations; and

  (c)   the person does not mark the package in that manner.

Penalty:   100 penalty units.

Note:   For exceptions 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 would commit an offence under section   18JA, 18JB, 18JC or 18JD unless the person marked a package with information; and

  (b)   the manner in which that information is to be marked on the package is prescribed by the regulations; and

  (c)   the person does not mark the package in that manner.

Penalty:   20 penalty units.

Note:   For exceptions 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 .