Package must be marked in prescribed manner
18JE Package must be marked in prescribed manner
Offence requiring fault element
A person commits an offence if:
the person would commit an offence under section 18JA, 18JB, 18JC or 18JD unless the person marked a package with information; and
the manner in which that information is to be marked on the package is prescribed by the regulations; and
the person does not mark the package in that manner.
Penalty: 100 penalty units.
For exceptions to this offence, see subsection (4) of this section and subsection 18JHA(3).
Strict liability offence
A person commits an offence if:
the person would commit an offence under section 18JA, 18JB, 18JC or 18JD unless the person marked a package with information; and
the manner in which that information is to be marked on the package is prescribed by the regulations; and
the person does not mark the package in that manner.
Penalty: 20 penalty units.
For exceptions to this offence, see subsection (4) of this section and subsection 18JHA(3).
Subsection (2) is an offence of strict liability.
For strict liability, see section 6.1 of the Criminal Code.
Subsections (1) and (2) do not apply if a permit in relation to the packed article has been issued under section 18JX.
A defendant bears an evidential burden in relation to the matters in subsection (4), see subsection 13.3(3) of the Criminal Code.
This provision refers to the regulations (prescribed by the regulations
). Made under this Act:
- National Measurement Regulations 1999 · under s 20
1 more instrument made under this Act are listed on the Act’s overview.
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