18JT

Shortfall offence—importer

Current

Offence requiring fault element

(1)

A person commits an offence if:

(a)

the person imports into Australia an article; and

(b)

the article is packed in advance ready for sale; and

(c)

the package is not marked with an AQS mark; and

(d)

one of the following circumstances exist:

(i)

the package is marked with a measurement or minimum measurement of the article contained in the package;

(ii)

the package is marked with a representation (including a statement as to price) by which the measurement of the article contained in the package can be worked out;

(iii)

a representation is otherwise made, by any document or statement, about the measurement or minimum measurement of the article contained in the package;

(iv)

a representation is otherwise made (including a statement as to price) by which the measurement of the article contained in the package can be worked out; and

(e)

there is a shortfall in the measurement of the article contained in the package.

Penalty: 200 penalty units.

Strict liability offence

(2)

A person commits an offence if:

(a)

the person imports into Australia an article; and

(b)

the article is packed in advance ready for sale; and

(c)

the package is not marked with an AQS mark; and

(d)

one of the following circumstances exist:

(i)

the package is marked with a measurement or minimum measurement of the article contained in the package;

(ii)

the package is marked with a representation (including a statement as to price) by which the measurement of the article contained in the package can be worked out;

(iii)

a representation is otherwise made, by any document or statement, about the measurement or minimum measurement of the article contained in the package;

(iv)

a representation is otherwise made (including a statement as to price) by which the measurement of the article contained in the package can be worked out; and

(e)

there is a shortfall in the measurement of the article contained in the package.

Penalty: 40 penalty units.

(3)

Subject to subsection (4), subsection (2) is an offence of strict liability.

Note:

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

(4)

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).

Note:

For absolute liability, see section 6.2 of the Criminal Code.

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