Published 16 November 2023
Sentencing — issuing non-permitted certificate of accuracy — "accredited person" — unapproved weighing mechanism — Weights and Measures Act 1987, ss 1A & 32(fa). The defendant had pleaded guilty to a charge of issuing a non-permitted certificate of accuracy. It was a company that had accreditation under the Weights and Measures Act to inspect and test weighing and measuring instruments. The offending occurred when the defendant repaired a weighbridge belonging to the victim, a food processing company. In carrying out the repairs, the defendant used a load cell that was not permitted for use on the weighbridge. As a result, the weighbridge did not accurately record load weights, meaning that the victim's suppliers were not paid correctly and the victim was potentially exposed to criminal liability. The Court observed that the offending undermined consumer protections and public confidence. The offending was deliberate and warranted a start point for fine of $15,000. With a discount for guilty plea, the fine was $11,500. Judgment Date: 4 February 2022.
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