Document ID: chunk:federal_register_of_legislation:C2024C00526:section:9a:p2
Version: federal_register_of_legislation:C2024C00526
Segment Type: section
Provision Reference: s 9A (pt 2/2)
Character Range: 27691–29265

been issued in respect of the food; and
 (f) the person has not obtained the approval of an authorised officer to deal with the food in that manner; and
 (g) the person is not dealing with the food in that manner in accordance with a compliance agreement; and
 (h) the person is neither an officer of Customs, nor an authorised officer, acting in the course of his or her duties.
Civil penalty: 120 penalty units.
 (7) Subsection (6) does not apply to a dealing with food for the purpose of altering or replacing the label on the package containing the food in order to meet applicable standards relating to information on labels for packages containing food.
Note: A person bears an evidential burden in relation to the matter in this subsection: see section 96 of the Regulatory Powers Act.
 (8) A person is liable to a civil penalty if:
 (a) the person deals with food in a particular manner; and
 (b) the food is examinable food; and
 (c) the food has been imported into Australia; and
 (d) a food control certificate has been issued in respect of the food; and
 (e) the food has been identified in an imported food inspection advice as failing food; and
 (f) the person has not obtained the approval of an authorised officer to deal with the food in that manner; and
 (g) the person is neither permitted nor required, in accordance with the imported food inspection advice, to deal with the food in that manner; and
 (h) the person is neither an officer of Customs, nor an authorised officer, acting in the course of his or her duties.
Civil penalty: 120 penalty units.