Welcome to Sisters In Law, news.com.au’s weekly column solving all of your legal problems. This week, our resident lawyers and real-life sisters Alison and Jillian Barrett from Maurice Blackburn advise on the laws on deliberately lying about what you have scanned at the supermarket’s self check-outs.
Question:
My friend recently told me that when she uses the self-serve checkout at Woolies and Coles she regularly puts through more expensive veg – such as avocados – as brown onions. She says it’s not stealing as you’re still paying for something and that the supermarkets work the cost of “self-check-out fraud” into their prices. She also claims everyone does it! I’m sure it’s stealing but she won’t listen to me. What are the laws around lying on a supermarket self-checkout machine and could she be imprisoned? – Kayla, SA
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Answer:
Kayla, it doesn’t matter how your friend tries to justify her behaviour, her deceitful conduct in intentionally not paying full price is against the law.
This is a huge problem in Australia, with the cost of theft for retailers estimated to be a few billion dollars each year.
This dishonest behaviour unfortunately affects us all by pushing up grocery prices.
Supermarkets place trust in their customers to make honest and accurate transactions at the self-serve check-outs.
Your friend’s technique of using the self-service checkout to pass off more expensive items as cheaper ones cheats the system by underpaying.
Her fraudulent behaviour is just one of many tricks employed by self-service thieves to avoid payment.
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Supermarkets have developed technology to weigh items when bagged in an attempt to detect and prevent some of these thefts.
Many shoppers know all too well how often the message “unexpected item in the bagging area” will appear, requiring the attendant to assist.
We also know how rarely attendants actually check the contents of shoppers’ bags against the scanned items.
Undercover security officers are employed by the big supermarkets to work with police on these issues.
If they believe a theft has occurred, security officers and store staff have the right to search your friend’s bags to check the goods and the prices paid.
An excuse like getting avocados confused with brown onions is likely not going to cut it.
Your friend has the right to refuse a search, but the grocery store can call the police if they suspect she has been dishonest.
In South Australia, shoplifting – including the underpayment of goods – is a form of larceny (theft).
Minor incidences of shoplifting (involving goods valued at less than $150) are dealt with by the police rather than the courts.
As long as the supermarket consents, the police will issue an on-the-spot shop theft infringement notice.
This involves a requirement to pay the full value of the goods your friend stole (or underpaid), as well as apologise to the store.
The police would caution her about not engaging in this conduct again and she would need to submit an undertaking agreeing to this.
If the value of the goods is more than $30 she might have to perform community service. An hour of community service would need to be performed for every $5 value of the goods stolen. So, stealing $40 worth of avocados would mean eight hours of community service.
Assuming your friend adheres to all of this, no criminal conviction would be recorded.
If she doesn’t comply, the police could fine her up to $1250 for breaking the agreement and charge her with theft, which means she would be dealt with by the courts.
If your friend is a repeat offender, she would likely be dealt with differently and charged with theft.
A theft conviction could mean jail time of up to 10 years.
You have to ask, is saving a few dollars on avocados worth the risk?
This legal information is general in nature and should not be regarded as specific legal advice or relied upon. Persons requiring particular legal advice should consult a solicitor.
If you have a legal question you would like Alison and Jillian to answer, please email stories@news.com.au
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