18JNShortfall offence—importer

18JN Shortfall offence—importer

Offence requiring fault element (1) A person commits an offence if: (a) the person imports into Australia an article; and (b) the article has been packed in advance ready for sale; and (c) the package is 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) the package is one of a group of packages of the same kind that, once imported, are on the same premises or in the same vehicle; and (f) the number of packages in the group equals or exceeds the AQS threshold; and (g) a sample of the group, selected in accordance with AQS sampling procedures, fails testing in accordance with AQS test procedures.

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 has been packed in advance ready for sale; and (c) the package is 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) the package is one of a group of packages of the same kind that, once imported, are on the same premises or in the same vehicle; and (f) the number of packages in the group equals or exceeds the AQS threshold; and (g) a sample of the group, selected in accordance with AQS sampling procedures, fails testing in accordance with AQS test procedures.

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 paragraphs (1)(e), (1)(f), (2)(e) and (2)(f).