Limiting use of certain measuring instruments
18HG Limiting use of certain measuring instruments
Offence requiring fault element
A person commits an offence if:
a measuring instrument is of a class that, by regulation, must only be used for prescribed purposes; and
the person uses the measuring instrument for trade for another purpose.
Penalty: 100 penalty units.
For an exception to this offence, see subsection (6).
Strict liability offence
A person commits an offence if:
a measuring instrument is of a class that, by regulation, must only be used for prescribed purposes; and
the person uses the measuring instrument for trade for another purpose.
Penalty: 20 penalty units.
For an exception to this offence, see subsection (6).
Subsection (2) is an offence of strict liability.
For strict liability, see section 6.1 of the Criminal Code.
Trade measurement inspector may give notice to remedy
A trade measurement inspector may give a person a notice to remedy if:
the inspector reasonably believes that the person has contravened subsection (1) or (2) by using a measuring instrument for trade for a purpose that is not prescribed (the unauthorised purpose); and
the inspector is satisfied that, despite the contravention:
the measuring instrument could be used for trade for the unauthorised purpose during the remedy period for the notice without there being any material detriment to an affected person; or
the measuring instrument could be used for trade for the unauthorised purpose during the remedy period for the notice without there being any material detriment to an affected person if conditions specified in accordance with subsection (5) are complied with.
Notice may specify conditions
A trade measurement inspector may specify in the notice to remedy one or more conditions that must be complied with by the person to whom the notice is given during the remedy period for the notice. A condition may only be imposed by the inspector if compliance with the condition would be reasonably likely to ensure that the measuring instrument could be used for trade for the unauthorised purpose during the remedy period without there being any material detriment to an affected person.
Exception—all reasonable steps taken to remedy contravention etc.
Subsections (1) and (2) do not apply to the person in relation to a measuring instrument during the remedy period for the notice if:
where the inspector, in accordance with subsection (5), specifies in the notice one or more conditions that must be complied with during the remedy period—those conditions are complied with during the remedy period; and
during the remedy period, the person takes all reasonable steps to remedy the matters that gave rise to the contravention.
A defendant bears an evidential burden in relation to the matters in subsection (6) (see subsection 13.3(3) of the Criminal Code).
For the purposes of this section, an affected person, in relation to a measuring instrument, means a person whose liability to pay consideration in respect of a transaction may be determined using the instrument. However, a person who is actually or apparently in control of the instrument is not an affected person.
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