Queensland Consolidated Acts

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TRADE MEASUREMENT ACT 1990 - SECT 29

29 Defences concerning packaging of prepacked 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 prepacked 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 prepacked article was packed outside Australia; or
(b) that the prepacked 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 prepacked article if it is established that the seller's general defence under this division applies.



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