Commonwealth Consolidated Acts

NATIONAL MEASUREMENT ACT 1960 - SECT 18KC

Offence requiring fault element

  (1)   A person commits an offence if:

  (a)   the person sells an article for a price determined by reference to measurement of the article; and

  (b)   the article is not packed in advance ready for sale; and

  (c)   the person makes packaging available when the article is sold; and

  (d)   the person charges a price for the packaging; and

  (e)   the price per unit of measurement of the packaging is determined in the same way as, or directly or indirectly by reference to, the price per unit of measurement of the article.

Penalty:   200 penalty units.

Strict liability offence

  (2)   A person commits an offence if:

  (a)   the person sells an article for a price determined by reference to measurement of the article; and

  (b)   the article is not packed in advance ready for sale; and

  (c)   the person makes packaging available when the article is sold; and

  (d)   the person charges a price for the packaging; and

  (e)   the price per unit of measurement of the packaging is determined in the same way as, or directly or indirectly by reference to, the price per unit of measurement of the article.

Penalty:   40 penalty units.

  (3)   Subsection   (2) is an offence of strict liability.

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