9Offences relating to dealing with examinable food

#### 9 Offences relating to dealing with examinable food Dealing with food where no food control certificate (1) A person commits an offence if: (a) the person deals with food in a particular manner; and (b) the food is examinable food; and (c) the person knows that the food has been imported into Australia; and (d) the person knows that a food control certificate has not been issued in respect of the food; and (e) the person has not obtained the approval of an authorised officer to deal with the food in that manner; and (f) the person is not dealing with the food in that manner in accordance with a compliance agreement; and (g) the person is neither an officer of Customs, nor an authorised officer, acting in the course of his or her duties. Penalty: Imprisonment for 10 years. (2) A person commits an offence of strict liability if: (a) the person deals with food in a particular manner; and (b) the food is examinable food; and (c) the food has been imported into Australia; and (d) a food control certificate has not been issued in respect of the food; and (e) the person has not obtained the approval of an authorised officer to deal with the food in that manner; and (f) the person is not dealing with the food in that manner in accordance with a compliance agreement; and (g) the person is neither an officer of Customs, nor an authorised officer, acting in the course of his or her duties. Penalty: 60 penalty units. Dealing with food where no imported food inspection advice (3) A person commits an offence if: (a) the person deals with food in a particular manner; and (b) the food is examinable food; and (c) the person knows that the food has been imported into Australia; and (d) the person knows that a food control certificate has been issued in respect of the food; and (e) the person knows that an imported food inspection advice has not been issued in respect of the food; and (f) the person has not obtained the approval of an authorised officer to deal with the food in that manner; and (g) the person is not dealing with the food in that manner in accordance with a compliance agreement; and (h) the person is neither an officer of Customs, nor an authorised officer, acting in the course of his or her duties. Penalty: Imprisonment for 10 years. (4) A person commits an offence of strict liability if: (a) the person deals with food in a particular manner; and (b) the food is examinable food; and (c) the food has been imported into Australia; and (d) a food control certificate has been issued in respect of the food; and (e) an imported food inspection advice has not been issued in respect of the food; and (f) the person has not obtained the approval of an authorised officer to deal with the food in that manner; and (g) the person is not dealing with the food in that manner in accordance with a compliance agreement; and (h) the person is neither an officer of Customs, nor an authorised officer, acting in the course of his or her duties. Penalty: 60 penalty units. (5) Subsection (3) or (4) does not apply to a dealing with food for the purpose of altering or replacing the label on the package containing the food in order to meet applicable standards relating to information on labels for packages containing food. > Note: A defendant bears an evidential burden in relation to the matter in this subsection: see subsection 13.3(3) of the Criminal Code. Dealing with failing food (6) A person commits an offence if: (a) the person deals with food in a particular manner; and (b) the food is examinable food; and (c) the person knows that the food has been imported into Australia; and (d) the person knows that a food control certificate has been issued in respect of the food; and (e) the person knows that the food has been identified in an imported food inspection advice as failing food; and (f) the person has not obtained the approval of an authorised officer to deal with the food in that manner; and (g) the person is neither permitted nor required, in accordance with the imported food inspection advice, to deal with the food in that manner; and (h) the person is neither an officer of Customs, nor an authorised officer, acting in the course of his or her duties. Penalty: Imprisonment for 10 years. (7) A person commits an offence of strict liability if: (a) the person deals with food in a particular manner; and (b) the food is examinable food; and (c) the food has been imported into Australia; and (d) a food control certificate has been issued in respect of the food; and (e) the food has been identified in an imported food inspection advice as failing food; and (f) the person has not obtained the approval of an authorised officer to deal with the food in that manner; and (g) the person is neither permitted nor required, in accordance with the imported food inspection advice, to deal with the food in that manner; and (h) the person is neither an officer of Customs, nor an authorised officer, acting in the course of his or her duties. Penalty: 60 penalty units. Imputed knowledge (8) For the purposes of establishing a contravention of subsection (1), (3) or (6), the person is taken to have known of the matter referred to in paragraph (1)(c) or (d), (3)(c), (d) or (e) or (6)(c), (d) or (e) if the person ought reasonably to have known of the matter, having regard to: (a) the person’s abilities, experience, qualifications and other attributes; and (b) all the circumstances surrounding the alleged contravention.