Document ID: chunk:federal_register_of_legislation:C2018A00108:clause:1_8a
Version: federal_register_of_legislation:C2018A00108
Segment Type: clause
Provision Reference: sch 1 cl 8A
Character Range: 17201–18299

8A  Labelling offences

Fault‑based offence
 (1) A person commits an offence if:
 (a) food is imported into Australia; and
 (b) this Act applies to the food; and
 (c) the person deals with the food; and
 (d) the food does not meet applicable standards relating to information on labels for packages containing food.
Penalty: Imprisonment for 10 years.

Strict liability offence
 (2) A person commits an offence of strict liability if:
 (a) food is imported into Australia; and
 (b) this Act applies to the food; and
 (c) the person deals with the food; and
 (d) the food does not meet applicable standards relating to information on labels for packages containing food.
Penalty: 60 penalty units.

Exception
 (3) Subsection (1) or (2) 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 defendant bears an evidential burden in relation to the matter in this subsection: see subsection 13.3(3) of the Criminal Code.