Commonwealth Consolidated Acts

NATIONAL MEASUREMENT ACT 1960 - SECT 18GQ

Offence requiring fault element

             (1)  A person commits an offence if:

                     (a)  the person uses a measuring instrument for trade; and

                     (b)  the person adjusts or repairs the measuring instrument, or causes the measuring instrument to be adjusted or repaired; and

                     (c)  in adjusting or repairing the measuring instrument, the metrological performance of the measuring instrument is affected; and

                     (d)  if the person causes the measuring instrument to be adjusted or repaired--the adjustment or repair of the measuring instrument is not performed by a servicing licensee or an employee of a servicing licensee or, in the case of a utility meter, by a utility meter verifier; and

                     (e)  the person does not obliterate, or cause to be obliterated, any verification mark that the measuring instrument bears.

Penalty:  200 penalty units.

Strict liability offence

             (2)  A person commits an offence if:

                     (a)  the person uses a measuring instrument for trade; and

                     (b)  the person adjusts or repairs the measuring instrument, or causes the measuring instrument to be adjusted or repaired; and

                     (c)  in adjusting or repairing the measuring instrument, the metrological performance of the measuring instrument is affected; and

                     (d)  if the person causes the measuring instrument to be adjusted or repaired--the adjustment or repair of the measuring instrument is not performed by a servicing licensee or an employee of a servicing licensee or, in the case of a utility meter, by a utility meter verifier; and

                     (e)  the person does not obliterate, or cause to be obliterated, any verification mark that the measuring instrument bears.

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 .

Defence

             (4)  Subsections (1) and (2) do not apply if the effect on the measuring instrument can be corrected by normal operational adjustment of the measuring instrument.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (4), see subsection 13.3(3) of the Criminal Code .