Commonwealth Consolidated Acts

MEAT INSPECTION ACT 1983 - SECT 29

             (1)  An offence against subsection 8(2) or (3), section 9, subsection 10 (2), (3), (4) or (5), 11(2) or (3) or 12(2), (3), (4) or (5), section 13, subsection 14(2) or (3), section 15, subsection 16(2), (3), (4) or (5), 17(2) or (3) or 18(2), (3), (4) or (5) or section 19, 21, 22, 23 or 24 is an indictable offence and, subject to this section, is punishable on conviction by a fine not exceeding $20,000.

             (2)  Notwithstanding that an offence referred to in subsection (1) is an indictable offence, a court of summary jurisdiction may hear and determine proceedings in respect of such an offence if the court is satisfied that it is proper to do so and the defendant and the prosecutor consent.

             (3)  Subject to subsection (4), where, in accordance with subsection (2), a person is convicted before a court of summary jurisdiction of an offence referred to in subsection (1), the penalty that the court may impose is a fine not exceeding $5,000.

             (4)  Where:

                     (a)  a person is convicted of an offence referred to in subsection (1) (in this subsection referred to as the relevant offence ); and

                     (b)  the court before which the person is convicted (in this subsection referred to as the sentencing court ) is satisfied that, on a previous occasion, a court has:

                              (i)  convicted the person of another offence, being an offence referred to in subsection (1); or

                             (ii)  made an order under section 19B of the Crimes Act 1914 in relation to the person in respect of another offence, being an offence referred to in subsection (1);

the penalty that the sentencing court may impose in respect of the relevant offence is:

                     (c)  if the sentencing court is not a court of summary jurisdiction--imprisonment for a period not exceeding 5 years; or

                     (d)  if the sentencing court is a court of summary jurisdiction--imprisonment for a period not exceeding 2 years.

             (5)  An offence referred to in subsection (1) (other than an offence under section 22, 23 or 24) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code .