Commonwealth Consolidated Acts

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IMPORTED FOOD CONTROL ACT 1992 - SECT 8

Importation offence

             (1)  A person must not import into Australia food to which this Act applies that the person knows:

                     (a)  does not meet applicable standards; or

                     (b)  poses a risk to human health.

Penalty:  Imprisonment for 10 years.

          (1A)  Paragraph (1)(a) does not apply to applicable standards relating to information on labels for packages containing food.

             (2)  For the purposes of establishing a contravention of subsection (1), if, having regard to:

                     (a)  a person's abilities, experience, qualifications and other attributes; and

                     (b)  all the circumstances surrounding the alleged contravention of that subsection;

the person ought reasonably to have known that the food did not meet applicable standards or posed a risk to human health, the person is taken to have known that the food did not meet those standards or posed that risk.



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