Shortfall offence—packer
18JS Shortfall offence—packer
Offence requiring fault element
A person commits an offence if:
the person packs an article; and
the article is packed in advance ready for sale; and
the package is not marked with an AQS mark; and
the person:
marks the package with a measurement or minimum measurement of the article contained in the package; or
marks the package with a representation (including a statement as to price) by which the measurement of the article contained in the package can be worked out; or
otherwise, by any document or statement, represents the measurement or minimum measurement of the article contained in the package, or makes a representation (including a statement as to price) by which the measurement of the article contained in the package can be worked out; and
there is a shortfall in the measurement of the article contained in the package.
Penalty: 200 penalty units.
Strict liability offence
A person commits an offence if:
the person packs an article; and
the article is packed in advance ready for sale; and
the package is not marked with an AQS mark; and
the person:
marks the package with a measurement or minimum measurement of the article contained in the package; or
marks the package with a representation (including a statement as to price) by which the measurement of the article contained in the package can be worked out; or
otherwise, by any document or statement, represents the measurement or minimum measurement of the article contained in the package, or makes a representation (including a statement as to price) by which the measurement of the article contained in the package can be worked out; and
there is a shortfall in the measurement of the article contained in the package.
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 subparagraphs (a)(i) and (ii) of the definition of shortfall in section 18JR as applied for the purposes of paragraphs (1)(e) and (2)(e).
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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