s 380.2

Contaminating goods

In force

Offences based on implied nationhood power

(1)

A person commits an offence if:

(a)

the person contaminates goods; and

(b)

the person does so with intent:

(i)

to cause public alarm or anxiety in Australia; or

(ii)

to cause widespread, or nationally significant, economic loss in Australia through public awareness of the contamination, or possible contamination, of the goods; or

(iii)

to cause harm to, or create a risk of harm to, public health in Australia.

Penalty: Imprisonment for 15 years.

(1A)

A person commits an offence if:

(a)

the person contaminates goods; and

(b)

the person does so reckless as to:

(i)

causing public alarm or anxiety in Australia; or

(ii)

causing widespread, or nationally significant, economic loss in Australia through public awareness of the contamination, or possible contamination, of the goods; or

(iii)

causing harm to, or creating a risk of harm to, public health in Australia.

Penalty: Imprisonment for 10 years.

Offences based on other constitutional powers

(2)

A person commits an offence if:

(a)

the person contaminates goods; and

(b)

the person does so with intent to cause:

(i)

public alarm or anxiety; or

(ii)

economic loss through public awareness of the contamination, or possible contamination, of the goods; and

(c)

any of the following subparagraphs applies:

(i)

the loss is a loss to a constitutional corporation (other than a foreign corporation within the meaning of paragraph 51(xx) of the Constitution);

(ii)

the loss is a loss to a constitutional corporation that is a foreign corporation within the meaning of paragraph 51(xx) of the Constitution and the goods have been produced, manufactured, assembled or otherwise processed in Australia;

(iii)

the goods belong to a constitutional corporation (other than a foreign corporation within the meaning of paragraph 51(xx) of the Constitution);

(iv)

the goods belong to a constitutional corporation that is a foreign corporation within the meaning of paragraph 51(xx) of the Constitution and the goods have been produced, manufactured, assembled or otherwise processed in Australia;

(v)

the person is a constitutional corporation (other than a foreign corporation within the meaning of paragraph 51(xx) of the Constitution);

(vi)

the person is a constitutional corporation that is a foreign corporation within the meaning of paragraph 51(xx) of the Constitution and the goods have been produced, manufactured, assembled or otherwise processed in Australia;

(vii)

the loss takes the form of detriment to constitutional trade and commerce;

(viii)

the goods are in the course of, or intended for, constitutional trade and commerce;

(ix)

the contamination occurs outside Australia and the goods have been produced, manufactured, assembled or otherwise processed in Australia;

(x)

the loss is a loss to the Commonwealth or a Commonwealth authority.

Penalty: Imprisonment for 15 years.

(2A)

A person commits an offence if:

(a)

the person contaminates goods; and

(b)

the person does so reckless as to causing:

(i)

public alarm or anxiety; or

(ii)

economic loss through public awareness of the contamination, or possible contamination, of the goods; and

(c)

any of the following subparagraphs applies:

(i)

the loss is a loss to a constitutional corporation (other than a foreign corporation within the meaning of paragraph 51(xx) of the Constitution);

(ii)

(iii)

the goods belong to a constitutional corporation (other than a foreign corporation within the meaning of paragraph 51(xx) of the Constitution);

(iv)

(v)

the person is a constitutional corporation (other than a foreign corporation within the meaning of paragraph 51(xx) of the Constitution);

(vi)

(vii)

the loss takes the form of detriment to constitutional trade and commerce;

(viii)

the goods are in the course of, or intended for, constitutional trade and commerce;

(ix)

the contamination occurs outside Australia and the goods have been produced, manufactured, assembled or otherwise processed in Australia;

(x)

the loss is a loss to the Commonwealth or a Commonwealth authority.

Penalty: Imprisonment for 10 years.

(3)

Absolute liability applies to paragraphs (2)(c) and (2A)(c).

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