Document ID: chunk:federal_register_of_legislation:C2024C00526:section:8
Version: federal_register_of_legislation:C2024C00526
Segment Type: section
Provision Reference: s 8
Character Range: 17156–18732

8  Importation offences

Food does not meet applicable standards
 (1) A person commits an offence if:
 (a) the person imports food into Australia; and
 (b) this Act applies to the food; and
 (c) the food does not meet applicable standards; and
 (d) those standards do not relate to information on labels for packages containing food.
Penalty: Imprisonment for 10 years.
 (2) A person commits an offence of strict liability if:
 (a) the person imports food into Australia; and
 (b) this Act applies to the food; and
 (c) the food does not meet applicable standards; and
 (d) those standards do not relate to information on labels for packages containing food.
Penalty: 60 penalty units.

Food poses a risk to human health
 (3) A person commits an offence if:
 (a) the person imports food into Australia; and
 (b) this Act applies to the food; and
 (c) the person knows that the food poses a risk to human health.
Penalty: Imprisonment for 10 years.
 (4) A person commits an offence of strict liability if:
 (a) the person imports food into Australia; and
 (b) this Act applies to the food; and
 (c) the food poses a risk to human health.
Penalty: 60 penalty units.

Imputed knowledge
 (5) For the purposes of establishing a contravention of subsection (3), the person is taken to have known that the food posed a risk to human health if the person ought reasonably to have known that the food posed that risk, having regard to:
 (a) the person's abilities, experience, qualifications and other attributes; and
 (b) all the circumstances surrounding the alleged contravention.