s 380.4

Making false statements about contamination of goods

In force

Offences based on implied nationhood power

(1)

A person commits an offence if:

(a)

the person makes a statement that the person believes to be false; and

(b)

the person does so with the intention of inducing the person to whom the statement is made or others to believe that goods have been contaminated; and

(c)

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 makes a statement that the person believes to be false; and

(b)

the person does so with the intention of inducing the person to whom the statement is made or others to believe that goods have been contaminated; and

(c)

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 makes a statement that the person believes to be false; and

(b)

the person does so with the intention of inducing the person to whom the statement is made or others to believe that goods have been contaminated; and

(c)

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

(d)

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 person makes the statement in Australia using a postal or other like service or an electronic communication;

(x)

the person makes the statement outside Australia and the goods have been produced, manufactured, assembled or otherwise processed in Australia;

(xi)

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

(xii)

the statement is made to the Commonwealth or a Commonwealth authority.

Penalty: Imprisonment for 15 years.

(2A)

A person commits an offence if:

(a)

the person makes a statement that the person believes to be false; and

(b)

the person does so with the intention of inducing the person to whom the statement is made or others to believe that goods have been contaminated; and

(c)

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

(d)

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 person makes the statement in Australia using a postal or other like service or an electronic communication;

(x)

the person makes the statement outside Australia and the goods have been produced, manufactured, assembled or otherwise processed in Australia;

(xi)

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

(xii)

the statement is made to the Commonwealth or a Commonwealth authority.

Penalty: Imprisonment for 10 years.

(3)

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

(4)

For the purposes of this section, making a statement includes conveying information by any means.

Research tools for this sectionSubscription

Cited by Analyse Interrogate History Equivalents

The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.