18HDTransactions based on measurement to be in prescribed units of measurement

#### 18HD Transactions based on measurement to be in prescribed units of measurement (1) A person commits an offence if: (a) the person sells an article (whether packed in advance ready for sale or otherwise) or a utility for a price determined by reference to measurement of the article or utility; and (b) a unit of measurement is prescribed by the regulations for that article or utility, or articles or utilities of that class, for the purposes of this paragraph; and (c) the price is not a price determined by reference to a measurement of the article or utility in that unit of measurement. Penalty: 40 penalty units. > Note: For an exception to this offence, see subsection (6). (2) Subsection (1) is an offence of strict liability. > Note: For strict liability, see section 6.1 of the Criminal Code. (3) Section 15.2 (extended geographical jurisdiction—category B) of the Criminal Code applies to an offence against subsection (1). Trade measurement inspector may give notice to remedy (4) A trade measurement inspector may give a person a notice to remedy if: (a) the inspector reasonably believes that the person has contravened subsection (1) in relation to the sale of an article (whether packed in advance ready for sale or otherwise) or a utility by reference to measurement of the article or utility in a unit of measurement that is not prescribed (the unauthorised unit); and (b) the inspector is satisfied that, despite the contravention: (i) like articles or the utility could be sold during the remedy period for the notice by reference to measurement in the unauthorised unit without there being any material detriment to the purchaser; or (ii) like articles or the utility could be sold during the remedy period for the notice by reference to measurement in the unauthorised unit without there being any material detriment to the purchaser if conditions specified in accordance with subsection (5) are complied with. Note: Like article has the meaning given by subsection 18MMA(7). Notice may specify conditions (5) A trade measurement inspector may specify in the notice to remedy one or more conditions that must be complied with by the person during the remedy period for the notice. A condition may only be imposed by the inspector if compliance with the condition would be reasonably likely to ensure that a like article or the utility could be sold during the remedy period by reference to measurement in the unauthorised unit without there being any material detriment to the purchaser. Exception—all reasonable steps taken to remedy contravention etc. (6) Subsection (1) does not apply to the person in relation to like articles or the utility during the remedy period for the notice if: (a) where the inspector, in accordance with subsection (5), specifies in the notice one or more conditions that must be complied with during the remedy period—those conditions are complied with during the remedy period; and (b) during the remedy period, the person takes all reasonable steps to remedy the matters that gave rise to the contravention. > Note: A defendant bears an evidential burden in relation to the matters in subsection (6) (see subsection 13.3(3) of the Criminal Code).