§ 60 — Importing item not meeting applicable standard, etc. — strict liability

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

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

a prohibited food;

(ii)

a prohibited food contact article;

(iii)

a prohibited animal feed; and

(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.

(2) Strict liability applies to the offence in subsection (1).

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

where the person is an individual — to a fine not exceeding $8,000 or to imprisonment for a term not exceeding 3 months or to both; or

(b)

where the person is not an individual — to a fine not exceeding $15,000.

(4) However, where at the trial of a person charged with an offence under subsection (1), it is proved that any of the following circumstances applied with respect to the import‑controlled item when imported:(a)

the food was unsafe;

(b)

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,

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

(c)

where the person is an individual — to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both; or

(d)

where the person is not an individual — to a fine not exceeding $20,000.

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

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

a prohibited food;

(ii)

a prohibited food contact article;

(iii)

a prohibited animal feed; and

(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.

(2) Strict liability applies to the offence in subsection (1).

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

where the person is an individual — to a fine not exceeding $8,000 or to imprisonment for a term not exceeding 3 months or to both; or

(b)

where the person is not an individual — to a fine not exceeding $15,000.

(4) However, where at the trial of a person charged with an offence under subsection (1), it is proved that any of the following circumstances applied with respect to the import‑controlled item when imported:(a)

the food was unsafe;

(b)

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,

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

(c)

where the person is an individual — to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both; or

(d)

where the person is not an individual — to a fine not exceeding $20,000.