Shortfall offence—sale
18JP Shortfall offence—sale
Offence requiring fault element
A person commits an offence if:
the person sells an article; and
the article has been packed in advance ready for sale; and
the package is marked with an AQS mark; and
the package is marked with:
a measurement or minimum measurement of the article contained in the package; or
a representation (including a statement as to price) by which the measurement of the article contained in the package can be worked out; and
the package is one of a group of packages of the same kind that, at the time of sale, are on the same premises or in the same vehicle; and
the number of packages in the group equals or exceeds the AQS threshold; and
a sample of the group, selected in accordance with AQS sampling procedures, fails testing in accordance with AQS test procedures.
Penalty: 200 penalty units.
Strict liability offence
A person commits an offence if:
the person sells an article; and
the article has been packed in advance ready for sale; and
the package is marked with an AQS mark; and
the package is marked with:
a measurement or minimum measurement of the article contained in the package; or
a representation (including a statement as to price) by which the measurement of the article contained in the package can be worked out; and
the package is one of a group of packages of the same kind that, at the time of sale, are on the same premises or in the same vehicle; and
the number of packages in the group equals or exceeds the AQS threshold; and
a sample of the group, selected in accordance with AQS sampling procedures, fails testing in accordance with AQS test procedures.
Penalty: 40 penalty units.
Subject to subsection (4), subsection (2) is an offence of strict liability.
For strict liability, see section 6.1 of the Criminal Code.
Absolute liability applies to paragraphs (1)(e), (1)(f), (2)(e) and (2)(f).
For absolute liability, see section 6.2 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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