Document ID: chunk:federal_register_of_legislation:C2006C00305:clause:2_1:p1
Version: federal_register_of_legislation:C2006C00305
Segment Type: clause
Provision Reference: sch 2 cl 1 (pt 1/4)
Character Range: 76288–79147

1  After Part 9.4 of the Criminal Code
Insert:

Part 9.6—Contamination of goods

380.1  Definitions

 (1) In this Part:

constitutional trade and commerce means trade and commerce:
 (a) with other countries; or
 (b) among the States; or
 (c) between a State and a Territory; or
 (d) between 2 Territories.

contaminate goods includes:
 (a) interfere with the goods; or
 (b) make it appear that the goods have been contaminated or interfered with.

goods includes any substance:
 (a) whether or not for human consumption; and
 (b) whether natural or manufactured; and
 (c) whether or not incorporated or mixed with other goods.

 (2) A reference in this Part to economic loss caused through public awareness of the contamination of goods includes a reference to economic loss caused through:
 (a) members of the public not purchasing or using those goods or similar things; or
 (b) steps taken to avoid public alarm or anxiety or to avoid harm to members of the public.

380.2  Contaminating goods

Offence based on implied nationhood power

 (1) A person is guilty of an offence if:
 (a) the person contaminates goods; and
 (b) 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.

Offences based on other constitutional powers

 (2) A person is guilty of an offence if:
 (a) the person contaminates goods; and
 (b) 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
 (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