18JUShortfall offence—possession, offer or exposure for sale

#### 18JU Shortfall offence—possession, offer or exposure for sale Offence requiring fault element—marking on package (1) 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 package is not marked with an AQS mark; and (d) the package is marked with: (i) a measurement or minimum measurement of the article contained in the package; or (ii) a representation (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—marking on package (2) 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 package is not marked with an AQS mark; and (d) the package is marked with: (i) a measurement or minimum measurement of the article contained in the package; or (ii) a representation (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. Offence requiring fault element—marking on receptacle containing package (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 package is not marked with an AQS mark; and (d) the packed article is contained in a receptacle; and (e) either of the following is marked on or near the receptacle: (i) a measurement or minimum measurement of the article contained in the package; (ii) a representation (including a statement as to price) by which the measurement of the article contained in the package can be worked out; and (f) there is a shortfall in the measurement of the article contained in the package. Penalty: 200 penalty units. Strict liability offence—marking on receptacle containing package (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 package is not marked with an AQS mark; and (d) the packed article is contained in a receptacle; and (e) either of the following is marked on or near the receptacle: (i) a measurement or minimum measurement of the article contained in the package; (ii) a representation (including a statement as to price) by which the measurement of the article contained in the package can be worked out; and (f) there is a shortfall in the measurement of the article contained in the package. Penalty: 40 penalty units. (5) Subject to subsection (6), subsections (2) and (4) are offences of strict liability. > Note: For strict liability, see section 6.1 of the Criminal Code. (6) 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), (2)(e), (3)(f) and (4)(f). > Note: For absolute liability, see section 6.2 of the Criminal Code. (7) Section 15.2 (extended geographical jurisdiction—category B) of the Criminal Code applies to offences against subsections (1), (2), (3) and (4).