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National Measurement Act 1960
18JLUsing misleading marks
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#### 18JL Using misleading marks
Offence requiring fault element—packer
(1) A person commits an offence if the person:
(a) packs an article in advance ready for sale; and
(b) marks the article with a mark that is not an AQS mark, but that is likely to give the impression that it is an AQS mark.
Penalty: 200 penalty units.
> Note: For an exception to this offence, see subsection 18JLA(3).
Strict liability offence—packer
(2) A person commits an offence if the person:
(a) packs an article in advance ready for sale; and
(b) marks the article with a mark that is not an AQS mark, but that is likely to give the impression that it is an AQS mark.
Penalty: 40 penalty units.
> Note: For an exception to this offence, see subsection 18JLA(3).
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 marked with a mark that is not an AQS mark, but that is likely to give the impression that it is an AQS mark.
Penalty: 200 penalty units.
> Note: For an exception to this offence, see subsection 18JLA(3).
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 marked with a mark that is not an AQS mark, but that is likely to give the impression that it is an AQS mark.
Penalty: 40 penalty units.
> Note: For an exception to this offence, see subsection 18JLA(3).
Offence requiring fault element—seller
(5) A person commits an offence if:
(a) the person sells an article; and
(b) the article has been packed in advance ready for sale; and
(c) the article is marked with a mark that is not an AQS mark, but that is likely to give the impression that it is an AQS mark.
Penalty: 200 penalty units.
> Note: For an exception to this offence, see subsection 18JLA(3).
Strict liability offence—seller
(6) A person commits an offence if:
(a) the person sells an article; and
(b) the article has been packed in advance ready for sale; and
(c) the article is marked with a mark that is not an AQS mark, but that is likely to give the impression that it is an AQS mark.
Penalty: 40 penalty units.
> Note: For an exception to this offence, see subsection 18JLA(3).
(7) Subsections (2), (4) and (6) are offences of strict liability.
> Note: For strict liability, see section 6.1 of the Criminal Code.