Commonwealth Numbered Acts

IMPORTED FOOD CONTROL ACT 1992 No. 221 of 1992 - SECT 9

9.(1) A person (other than an officer of Customs, or an authorised officer,
acting in the course of his or her duties) must not deal in any manner with
examinable food that the person knows:

   (a)  has been imported into Australia; and

   (b)  is food in respect of which a food control certificate has not been
        issued; unless the person is authorised by an authorised officer to
        deal with the food in that manner. Penalty: Imprisonment for 10 years.

(2) A person (other than an officer of Customs, or an authorised officer,
acting in the course of his or her duties) must not deal in any manner with
examinable food that the person knows:

   (a)  has been imported into Australia; and

   (b)  is food in respect of which a food control certificate has been
        issued; and

   (c)  has been identified in an imported food inspection advice as failing
        food; unless the owner of the food:

   (d)  obtains the approval of an authorised officer to deal with the food in
        that manner; or

   (e)  is permitted or required, in accordance with the advice, to deal with
        the food in that manner. Penalty: Imprisonment for 10 years.

(3) For the purposes of establishing a contravention of subsection (1) or (2),
if, having regard to:

   (a)  a person's abilities, experience, qualifications and other attributes;
        and

   (b)  all the circumstances surrounding the alleged contravention of that
        subsection; the person ought reasonably to have known of the matters
        referred to in paragraphs (1)(a) and (b) or (2)(a), (b) and (c), as
        the case requires, the person is taken to have known of those matters.