Document ID: chunk:federal_register_of_legislation:C2004C01405:clause:2_7
Version: federal_register_of_legislation:C2004C01405
Segment Type: clause
Provision Reference: sch 2 cl 7
Character Range: 56226–58070

7  Subsections 9(1) and (1A)
Repeal the subsections, substitute:

 (1) A person (other than an officer of Customs, or an authorised officer, acting in the course of his or her duties) may only deal in a particular 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;
if either of the following applies:
 (c) the person has obtained the approval of an authorised officer to deal with the food in that manner;
 (d) the person is dealing with the food in that manner in accordance with a compliance agreement.

Penalty: Imprisonment for 10 years.

 (1A) A person (other than an officer of Customs, or an authorised officer, acting in the course of his or her duties) may only deal in a particular 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) is food for which an imported food inspection advice has not been issued;
if either of the following applies:
 (d) the person has obtained the approval of an authorised officer to deal with the food in that manner;
 (e) the person is dealing with the food in that manner in accordance with a compliance agreement.

Penalty: Imprisonment for 10 years.

 (1B) Subsection (1A) 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 a matter in this subsection. See subsection 13.3(3) of the Criminal Code.

Note: The heading to section 9 is replaced by the heading "Offences relating to dealing with examinable food".