8Importation offences

#### 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.