Imported Food Control Act 1992
8Importation offences
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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.