Commonwealth Consolidated Acts

NATIONAL MEASUREMENT ACT 1960 - SECT 18KD

Offence requiring fault element

             (1)  A person commits an offence if:

                     (a)  the person sells an article; and

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

                     (c)  before or at the time of sale, the person:

                              (i)  makes a representation about the measurement of the article; or

                             (ii)  makes a representation (including a statement as to price) by which the measurement of the article can be worked out; and

                     (d)  the measurement of the article sold is less than that represented; and

                     (e)  in the case where the representation is made before the time of sale--the representation is not corrected before or at the time of sale.

Penalty:  200 penalty units.

Strict liability offence

             (2)  A person commits an offence if:

                     (a)  the person sells an article; and

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

                     (c)  before or at the time of sale, the person:

                              (i)  makes a representation about the measurement of the article; or

                             (ii)  makes a representation (including a statement as to price) by which the measurement of the article can be worked out; and

                     (d)  the measurement of the article sold is less than that represented; and

                     (e)  in the case where the representation is made before the time of sale--the representation is not corrected before or at the time of sale.

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 .