Using prohibited expressions—possession, offer or exposure for sale
18JH Using prohibited expressions—possession, offer or exposure for sale
Offence requiring fault element
A person commits an offence if:
the person possesses an article for sale, or offers or exposes it for sale; and
the article has been packed in advance ready for sale; and
the packed article is of a class for which a prohibited expression in relation to the measurement of the article is prescribed for the purposes of this paragraph; and
the package is marked with the prohibited expression.
Penalty: 200 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 possesses an article for sale, or offers or exposes it for sale; and
the article has been packed in advance ready for sale; and
the packed article is of a class for which a prohibited expression in relation to the measurement of the article is prescribed for the purposes of this paragraph; and
the package is marked with the prohibited expression.
Penalty: 40 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.
Section 15.2 (extended geographical jurisdiction—category B) of the Criminal Code applies to offences against subsections (1) and (2).
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