National Measurement Act 1960
18HBCertain articles must be sold by measurement—articles packed in advance ready for sale
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18HB Certain articles must be sold by measurement—articles packed in advance ready for sale
Offence requiring fault element—seller (1) A person commits an offence if: (a) the person sells an article that is packed in advance ready for sale; and (b) the packed article is of a class that, by regulation, must be sold by measurement; and (c) either: (i) the package in which the article is sold is marked with a price that is not determined by measurement; or (ii) there is a marking on or near the receptacle in which the packed article is contained that is marked with a price that is not determined by measurement.
Penalty: 100 penalty units.
Note: For an exception to this offence, see subsection (9).
Strict liability offence—seller (2) A person commits an offence if: (a) the person sells an article that is packed in advance ready for sale; and (b) the packed article is of a class that, by regulation, must be sold by measurement; and (c) either: (i) the package in which the article is sold is marked with a price that is not determined by measurement; or (ii) there is a marking on or near the receptacle in which the packed article is contained that is marked with a price that is not determined by measurement.
Penalty: 20 penalty units.
Note: For an exception to this offence, see subsection (9).
Offence requiring fault element—possession, offer or exposure for sale (3) A person commits an offence if: (a) the person possesses an article for sale, or offers or exposes it for sale; and (b) the article has been packed in advance ready for sale; and (c) the article is of a class that, by regulation, must be sold by measurement; and (d) either: (i) the package in which the article is sold is marked with a price that is not determined by measurement; or (ii) there is a marking on or near the receptacle in which the packed article is contained that is marked with a price that is not determined by measurement.
Penalty: 100 penalty units.
Note: For an exception to this offence, see subsection (9).
Strict liability offence—possession, offer or exposure for sale (4) A person commits an offence if: (a) the person possesses an article for sale, or offers or exposes it for sale; and (b) the article has been packed in advance ready for sale; and (c) the article is of a class that, by regulation, must be sold by measurement; and (d) either: (i) the package in which the article is sold is marked with a price that is not determined by measurement; or (ii) there is a marking on or near the receptacle in which the packed article is contained that is marked with a price that is not determined by measurement.
Penalty: 20 penalty units.