s 8

Importation offences

In force

Food does not meet applicable standards

(1)

A person commits an offence if:

(a)

the person imports food into Australia; and

(b)

this Act applies to the food; and

(c)

the food does not meet applicable standards; and

(d)

those standards do not relate to information on labels for packages containing food.

Penalty: Imprisonment for 10 years.

(2)

A person commits an offence of strict liability if:

(a)

the person imports food into Australia; and

(b)

this Act applies to the food; and

(c)

the food does not meet applicable standards; and

(d)

those standards do not relate to information on labels for packages containing food.

Penalty: 60 penalty units.

Food poses a risk to human health

(3)

A person commits an offence if:

(a)

the person imports food into Australia; and

(b)

this Act applies to the food; and

(c)

the person knows that the food poses a risk to human health.

Penalty: Imprisonment for 10 years.

(4)

A person commits an offence of strict liability if:

(a)

the person imports food into Australia; and

(b)

this Act applies to the food; and

(c)

the food poses a risk to human health.

Penalty: 60 penalty units.

Imputed knowledge

(5)

For the purposes of establishing a contravention of subsection (3), the person is taken to have known that the food posed a risk to human health if the person ought reasonably to have known that the food posed that risk, having regard to:

(a)

the person’s abilities, experience, qualifications and other attributes; and

(b)

all the circumstances surrounding the alleged contravention.

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