Document ID: chunk:federal_register_of_legislation:C2018A00098:clause:1_11
Version: federal_register_of_legislation:C2018A00098
Segment Type: clause
Provision Reference: sch 1 cl 11
Character Range: 5536–7723

11  After subsection 380.3(2) of the Criminal Code
Insert:
 (2A) A person commits an offence if:
 (a) the person makes a threat that goods will be contaminated; and
 (b) the person does so reckless as to causing:
 (i) public alarm or anxiety; or
 (ii) economic loss through public awareness of the contamination, or possible contamination, of the goods; and
 (c) 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 goods belong to a constitutional corporation (other than a foreign corporation within the meaning of paragraph 51(xx) of the Constitution);
 (iv) the goods belong 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;
 (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.