Document ID: chunk:federal_register_of_legislation:C2006C00305:clause:2_1:p3
Version: federal_register_of_legislation:C2006C00305
Segment Type: clause
Provision Reference: sch 2 cl 1 (pt 3/4)
Character Range: 81533–84350

or otherwise processed in Australia;
 (v) the person is a constitutional corporation (other than a foreign corporation within the meaning of paragraph 51(xx) of the Constitution);
 (vi) the person is a constitutional corporation that is a foreign corporation within the meaning of paragraph 51(xx) of the Constitution and the goods have been produced, manufactured, assembled or otherwise processed in Australia;
 (vii) the loss takes the form of detriment to constitutional trade and commerce;
 (viii) the goods are in the course of, or intended for, constitutional trade and commerce;
 (ix) the person makes the threat in Australia using a postal or other like service or an electronic communication;
 (x) the person makes the threat outside Australia and the goods have been produced, manufactured, assembled or otherwise processed in Australia;
 (xi) the loss is a loss to the Commonwealth or a Commonwealth authority;
 (xii) the threat is made to the Commonwealth or a Commonwealth authority.

Penalty: Imprisonment for 10 years.

 (3) Absolute liability applies to paragraph (2)(c).

380.4  Making false statements about contamination of goods

Offence based on implied nationhood power

 (1) A person is guilty of an offence if:
 (a) the person makes a statement that the person believes to be false; and
 (b) the person does so with the intention of inducing the person to whom the statement is made or others to believe that goods have been contaminated; and
 (c) the person does so with intent:
 (i) to cause public alarm or anxiety in Australia; or
 (ii) to cause widespread, or nationally significant, economic loss in Australia through public awareness of the contamination, or possible contamination, of the goods; or
 (iii) to cause harm to, or create a risk of harm to, public health in Australia.

Penalty: Imprisonment for 10 years.

Offence based on other constitutional powers

 (2) A person is guilty of an offence if:
 (a) the person makes a statement that the person believes to be false; and
 (b) the person does so with the intention of inducing the person to whom the statement is made or others to believe that goods have been contaminated; and
 (c) the person does so with intent to cause:
 (i) public alarm or anxiety; or
 (ii) economic loss through public awareness of the contamination, or possible contamination, of the goods; and
 (d) any of the following subparagraphs applies:
 (i) the loss is a loss to a constitutional corporation (other than a foreign corporation within the meaning of paragraph 51(xx) of the Constitution);
 (ii) the loss is a loss to a constitutional corporation that is a foreign corporation within the meaning of paragraph 51(xx) of the Constitution and the goods have been produced, manufactured, assembled or otherwise processed in Australia;
 (iii) the