Imported Food Control Act 1992
9Offences relating to dealing with examinable food
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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.