Commonwealth Consolidated Acts Commonwealth Consolidated Acts
1 After Part 9.4 of the Criminal Code
Insert:
Part 9.6 — Contamination of goods
(1) In this Part:
"constitutional trade and commerce" means trade and commerce:
(a) with other countries; or
(b) among the States; or
(c) between a State and a Territory; or
(d) between 2 Territories.
"contaminate" goods includes:
(a) interfere with the goods; or
(b) make it appear that the goods have been contaminated or interfered with.
"goods" includes any substance:
(a) whether or not for human consumption; and
(b) whether natural or manufactured; and
(c) whether or not incorporated or mixed with other goods.
(2) A reference in this Part to economic loss caused through public awareness of the contamination of goods includes a reference to economic loss caused through:
(a) members of the public not purchasing or using those goods or similar things; or
(b) steps taken to avoid public alarm or anxiety or to avoid harm to members of the public.
Offence based on implied nationhood power
(1) A person is guilty of 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 10 years.
Offences based on other constitutional powers
(2) A person is guilty of 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 10 years.
(3) Absolute liability applies to paragraph (2)(c).
380.3 Threatening to contaminate goods
Offence based on implied nationhood power
(1) A person is guilty of an offence if:
(a) the person makes a threat that goods will be contaminated; 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 10 years.
Offences based on other constitutional powers
(2) A person is guilty of an offence if:
(a) the person makes a threat that goods will be contaminated; 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 person makes the threat in Australia using a postal or other like service or an electronic communication;
(x) the person makes the threat 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 threat is made to the Commonwealth or a Commonwealth authority.
Penalty: Imprisonment for 10 years.
(3) Absolute liability applies to paragraph (2)(c).
380.4 Making false statements about contamination of goods
Offence based on implied nationhood power
(1) A person is guilty of 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 10 years.
Offence based on other constitutional powers
(2) A person is guilty of 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 10 years.
(3) Absolute liability applies to paragraph (2)(d).
(4) For the purposes of this section, making a statement includes conveying information by any means.
380.5 Extended geographical jurisdiction—category D
Section 15.4 (extended geographical jurisdiction—category D) applies to an offence against subsection 380.2(1) or (2), 380.3 (1) or (2) or 380.4(1) or (2).
2 Dictionary in the Criminal Code
Insert:
"constitutional corporation" means a corporation to which paragraph 51(xx) of the Constitution applies.
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