§ 59 — Importing item not meeting applicable standard, etc.

59.—(1) A person commits an offence if —(a)

the person imports an import‑controlled item that is none of the following:(i)

a prohibited food;

(ii)

a prohibited food contact article;

(iii)

a prohibited animal feed;

(b)

the import-controlled item —(i)

does not meet an applicable standard; or

(ii)

is not covered by a recognised foreign government certificate where the inspection scheme regulations identify the import‑controlled item as one that, if imported, must be covered by a recognised foreign government certificate; and

(c)

the person knows, or ought reasonably to know, when importing that the import‑controlled item —(i)

does not meet an applicable standard; or

(ii)

is not covered by a recognised foreign government certificate where the inspection scheme regulations identify the import‑controlled item as one that, if imported, must be covered by a recognised foreign government certificate.

(2) A person who is guilty of an offence under subsection (1) shall be liable on conviction —(a)

where the person is an individual —(i)

to a fine not exceeding $15,000 or to imprisonment for a term not exceeding 6 months or to both; or

(ii)

where the individual is a repeat offender — to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 12 months or to both; or

(b)

where the person is not an individual —(i)

to a fine not exceeding $30,000; or

(ii)

where the person is a repeat offender — to a fine not exceeding $60,000.

(3) However, where at the trial of a person charged with an offence under subsection (1), it is proved that —(a)

any of the following circumstances applied with respect to the import‑controlled item when imported:(i)

the food was unsafe;

(ii)

the type of regulated food contact article had or may have contaminated any food or caused or may have caused food to no longer be safe; and

(b)

the person knew, or ought reasonably to have known, that the relevant circumstances in paragraph (a) applied with respect to the import‑controlled item when imported,

the person who is convicted or found guilty of the offence shall be liable on conviction instead —

(c)

where the person is an individual —(i)

to a fine not exceeding $25,000 or to imprisonment for a term not exceeding 12 months or to both; or

(ii)

where the individual is a repeat offender — to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 24 months or to both; or

(d)

where the person is not an individual —(i)

to a fine not exceeding $50,000; or

(ii)

where the person is a repeat offender — to a fine not exceeding $100,000.

(4) In subsections (2) and (3), “repeat offender”, in relation to an offence under subsection (1), means a person who —(a)

is convicted, or found guilty, of such an offence (called the current offence); and

(b)

has been convicted or found guilty, on at least one other earlier occasion within the period of 5 years immediately before the date on which the person is convicted or found guilty of the current offence, of an offence under subsection (1).

—(1) A person commits an offence if —(a)

the person imports an import‑controlled item that is none of the following:(i)

a prohibited food;

(ii)

a prohibited food contact article;

(iii)

a prohibited animal feed;

(b)

the import-controlled item —(i)

does not meet an applicable standard; or

(ii)

is not covered by a recognised foreign government certificate where the inspection scheme regulations identify the import‑controlled item as one that, if imported, must be covered by a recognised foreign government certificate; and

(c)

the person knows, or ought reasonably to know, when importing that the import‑controlled item —(i)

does not meet an applicable standard; or

(ii)

is not covered by a recognised foreign government certificate where the inspection scheme regulations identify the import‑controlled item as one that, if imported, must be covered by a recognised foreign government certificate.

(2) A person who is guilty of an offence under subsection (1) shall be liable on conviction —(a)

where the person is an individual —(i)

to a fine not exceeding $15,000 or to imprisonment for a term not exceeding 6 months or to both; or

(ii)

where the individual is a repeat offender — to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 12 months or to both; or

(b)

where the person is not an individual —(i)

to a fine not exceeding $30,000; or

(ii)

where the person is a repeat offender — to a fine not exceeding $60,000.

(3) However, where at the trial of a person charged with an offence under subsection (1), it is proved that —(a)

any of the following circumstances applied with respect to the import‑controlled item when imported:(i)

the food was unsafe;

(ii)

the type of regulated food contact article had or may have contaminated any food or caused or may have caused food to no longer be safe; and

(b)

the person knew, or ought reasonably to have known, that the relevant circumstances in paragraph (a) applied with respect to the import‑controlled item when imported,

the person who is convicted or found guilty of the offence shall be liable on conviction instead —

(c)

where the person is an individual —(i)

to a fine not exceeding $25,000 or to imprisonment for a term not exceeding 12 months or to both; or

(ii)

where the individual is a repeat offender — to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 24 months or to both; or

(d)

where the person is not an individual —(i)

to a fine not exceeding $50,000; or

(ii)

where the person is a repeat offender — to a fine not exceeding $100,000.

(4) In subsections (2) and (3), “repeat offender”, in relation to an offence under subsection (1), means a person who —(a)

is convicted, or found guilty, of such an offence (called the current offence); and

(b)

has been convicted or found guilty, on at least one other earlier occasion within the period of 5 years immediately before the date on which the person is convicted or found guilty of the current offence, of an offence under subsection (1).