9ACivil penalties relating to importing, labelling and dealing with food

#### 9A Civil penalties relating to importing, labelling and dealing with food Importing food (1) A person is liable to a civil penalty 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. Civil penalty: 120 penalty units. (2) A person is liable to a civil penalty 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. Civil penalty: 120 penalty units. Labelling of food (3) A person is liable to a civil penalty if: (a) food is imported into Australia; and (b) this Act applies to the food; and (c) the person deals with the food; and (d) the food does not meet applicable standards relating to information on labels for packages containing food. Civil penalty: 120 penalty units. (4) Subsection (3) 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 person bears an evidential burden in relation to the matter in this subsection: see section 96 of the Regulatory Powers Act. Dealing with food (5) A person is liable to a civil penalty 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. Civil penalty: 120 penalty units. (6) A person is liable to a civil penalty 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. Civil penalty: 120 penalty units. (7) Subsection (6) 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 person bears an evidential burden in relation to the matter in this subsection: see section 96 of the Regulatory Powers Act. (8) A person is liable to a civil penalty 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. Civil penalty: 120 penalty units.