7Food to which Act applies

7 Food to which Act applies

(1) This Act applies to all food imported into Australia other than: (aa) food that is imported from New Zealand and is of a kind that is specified by the regulations to be food to which this Act does not apply; or (a) prohibited food; or (b) food that is imported for private consumption; or (c) food that is ship’s stores or aircraft’s stores, within the meaning of section 130C of the Customs Act; or (d) food that is imported as a trade sample. (2) Food of a particular kind is taken to have been imported for private consumption if it has not been imported as a trade sample and: (a) as to food that is in liquid form—if it has a volume of less than 10 litres or such lesser volume (if any) as is prescribed in the regulations in respect of food of that kind; or (b) as to food that is not in liquid form—if it has a weight of less than 10 kilograms or such lesser weight (if any) as is prescribed in the regulations in respect of food of that kind. (3) Food of a particular kind is imported as a trade sample if: (a) the food is imported for the purposes of scientific or commercial evaluation; and (b) the food is not imported for consumption by any person (except a person carrying out the scientific or commercial evaluation); and (c) the food is: (i) in liquid form and has a volume of less than 20 litres or such lesser volume (if any) as is prescribed by the regulations in respect of food of that kind; or (ii) not in liquid form and has a weight of 20 kilograms or such lesser weight (if any) as is prescribed by the regulations in respect of food of that kind.