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IMPORTED FOOD CONTROL ACT 1992 - SECT 8 Importation offences

IMPORTED FOOD CONTROL ACT 1992 - SECT 8

Importation offences

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.