18JC

Package must be marked with required package information—seller

Current

Offence requiring fault element

(1)

A person commits an offence if:

(a)

the person sells an article; and

(b)

the article has been packed in advance ready for sale; and

(c)

the packed article is of a class for which one or more of the following kinds of information is prescribed:

(i)

the name and address of the person who packed the article or on whose behalf the article was packed;

(ii)

the measurement of the article;

(iii)

the price of the article;

(iv)

any other information prescribed for the purposes of this subparagraph; and

(d)

the package is not marked with that information.

Penalty: 100 penalty units.

Note:

For exceptions to this offence, see subsections (4) and (5) of this section and subsection 18JHA(3).

Strict liability offence

(2)

A person commits an offence if:

(a)

the person sells an article; and

(b)

the article has been packed in advance ready for sale; and

(c)

the packed article is of a class for which one or more of the following kinds of information is prescribed:

(i)

the name and address of the person who packed the article or on whose behalf the article was packed;

(ii)

the measurement of the article;

(iii)

the price of the article;

(iv)

any other information prescribed for the purposes of this subparagraph; and

(d)

the package is not marked with that information.

Penalty: 20 penalty units.

Note:

For exceptions to this offence, see subsections (4) and (5) of this section and subsection 18JHA(3).

(3)

Subsection (2) is an offence of strict liability.

Note:

For strict liability, see section 6.1 of the Criminal Code.

(4)

Subsections (1) and (2) do not apply if a permit in relation to the packed article has been issued under section 18JX.

Note:

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

(5)

Subsections (1) and (2) do not apply as a result of subparagraph (1)(c)(i) or (2)(c)(i) if:

(a)

the article is sold on the premises on which it was packed for the consumption or use of the purchaser; or

(b)

the article was packed outside Australia.

Note:

A defendant bears an evidential burden in relation to the matters in subsection (5), see subsection 13.3(3) of the Criminal Code.

(6)

Section 15.2 (extended geographical jurisdiction—category B) of the Criminal Code applies to offences against subsections (1) and (2).

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