Document ID: chunk:federal_register_of_legislation:C2018A00108:clause:1_9:p1
Version: federal_register_of_legislation:C2018A00108
Segment Type: clause
Provision Reference: sch 1 cl 9 (pt 1/3)
Character Range: 18299–20817

9  Offences relating to dealing with examinable food

Dealing with food where no food control certificate
 (1) A person commits an offence if:
 (a) the person deals with food in a particular manner; and
 (b) the food is examinable food; and
 (c) the person knows that the food has been imported into Australia; and
 (d) the person knows that a food control certificate has not been issued in respect of the food; and
 (e) the person has not obtained the approval of an authorised officer to deal with the food in that manner; and
 (f) the person is not dealing with the food in that manner in accordance with a compliance agreement; and
 (g) the person is neither an officer of Customs, nor an authorised officer, acting in the course of his or her duties.
Penalty: Imprisonment for 10 years.
 (2) A person commits an offence of strict liability 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 not been issued in respect of the food; and
 (e) the person has not obtained the approval of an authorised officer to deal with the food in that manner; and
 (f) the person is not dealing with the food in that manner in accordance with a compliance agreement; and
 (g) the person is neither an officer of Customs, nor an authorised officer, acting in the course of his or her duties.
Penalty: 60 penalty units.

Dealing with food where no imported food inspection advice
 (3) A person commits an offence if:
 (a) the person deals with food in a particular manner; and
 (b) the food is examinable food; and
 (c) the person knows that the food has been imported into Australia; and
 (d) the person knows that a food control certificate has been issued in respect of the food; and
 (e) the person knows that an imported food inspection advice has not 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.
Penalty: Imprisonment for 10 years.
 (4) A person commits an offence of strict liability 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