Western Australian Numbered Acts Western Australian Numbered Acts (1) It is a defence in
proceedings under section 43 against a person who packs a
pre-packed article if it is established that the deficiency in
measurement —
(a)
arose after the packing of the article and the marking of the package and was
attributable wholly to factors for which reasonable allowance was made in
stating the measurement marked on the package; or
(b)
resulted from something that the accused could not reasonably have foreseen or
for which the accused could not reasonably have made allowance.
(2) It is a defence in
proceedings under section 43 against a person who sells a
pre-packed article if it is established —
(a) that
the accused —
(i)
obtained the article from another person within Australia
who packed the article or sold it to the accused; and
(ii)
identified that other person to an inspector;
(b) that
the package containing the article was marked apparently as required by this
Act when the accused received it; and
(c) that
the accused sold the article in the same state as it was in when the accused
obtained it.
(3) The defence under
subsection (2) is not available to the accused in relation to the sale of
a pre-packed article (the "offending article” ) if —
(a) a
finding by an inspector in relation to another pre-packed article sold by the
accused indicated that its sale would have been an offence under
section 43 had that defence not been available;
(b) that
other pre-packed article was of the same kind, and had the same measurement
marked on the package, as the offending article; and
(c) the
inspector informed the accused of that finding before the sale of the
offending article,
unless the accused
establishes that the offending article was not in the accused’s
possession when the accused was informed of the inspector’s finding.
(4) It is not a
defence in proceedings under section 43 merely to establish that the
deficiency in measurement did not exist when the article was packed or when
the package was marked.