South Australian Repealed Acts

This legislation has been repealed.

TRADE MEASUREMENT ACT 1993 - SECT 29

29—Defences concerning packaging of pre-packed articles

        (1)         It is a defence in proceedings under section 28 against a person who packs an article if it is established—

            (a)         (to the extent that the proceedings concern the requirement that a name or address be marked on the package) that the article was packed on premises for sale on those premises to a person for consumption or use and not for resale; or

            (b)         (to the extent that the proceedings are not so concerned) that the article was packed with the intention that it be exported from Australia and the package was marked to give a clear indication to that effect.

        (2)         It is a defence in proceedings under section 28 against a person who sells a pre-packed article (to the extent that the proceedings concern the requirement that a name or address be marked on the package) if it is established—

            (a)         that the pre-packed article was packed outside Australia; or

            (b)         that the pre-packed article was sold on the premises on which it was packed and was so sold for consumption or use and not for resale.

        (3)         It is a defence in proceedings under section 28 against a person who sells a pre-packed article if it is established that the seller's general defence under this Division applies.