18JVShortfall offence—seller

18JV Shortfall offence—seller

Offence requiring fault element—marking on package (1) 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 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 sells an article; 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 sells an article; 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 sells an article; 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.