18KDShortfall offence—sale

#### 18KD Shortfall offence—sale Offence requiring fault element (1) A person commits an offence if: (a) the person sells an article; and (b) the article has not been packed in advance ready for sale; and (c) before or at the time of sale, the person: (i) makes a representation about the measurement of the article; or (ii) makes a representation (including a statement as to price) by which the measurement of the article can be worked out; and (d) the measurement of the article sold is less than that represented; and (e) in the case where the representation is made before the time of sale—the representation is not corrected before or at the time of sale. Penalty: 200 penalty units. Strict liability offence (2) A person commits an offence if: (a) the person sells an article; and (b) the article has not been packed in advance ready for sale; and (c) before or at the time of sale, the person: (i) makes a representation about the measurement of the article; or (ii) makes a representation (including a statement as to price) by which the measurement of the article can be worked out; and (d) the measurement of the article sold is less than that represented; and (e) in the case where the representation is made before the time of sale—the representation is not corrected before or at the time of sale. Penalty: 40 penalty units. (3) Subsection (2) is an offence of strict liability. > Note: For strict liability, see section 6.1 of the Criminal Code.