Commonwealth Consolidated Acts Commonwealth Consolidated ActsFood 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.
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.
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.