§ 65 — Possession for supply knowing, etc., applicable standard not met

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

the person has in possession an object or a thing knowing that it is being or is likely to be supplied or offered or displayed for supply;

(b)

the object or thing is none of the following:(i)

a prohibited food;

(ii)

a prohibited food contact article;

(iii)

a prohibited animal feed;

(c)

the object or thing is an import‑controlled item that was imported;

(d)

the import‑controlled item —(i)

does not meet an applicable standard; or

(ii)

has been identified in an inspection advice as failing;

(e)

the person knows, or ought reasonably to know, that the import‑controlled item was imported;

(f)

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

does not meet an applicable standard; or

(ii)

has been identified in an inspection advice as failing;

(g)

the person has not obtained the prior approval of an authorised officer to possess the import‑controlled item 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.

(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:(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,

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 —(i)

under subsection (1); or

(ii)

under section 23(2) of the Wholesome Meat and Fish Act 1999, where the current offence involves any meat or meat product or any fish or fish product.

(5) For the purposes of subsection (4), the conviction or finding of guilt for an offence referred to in subsection (4)(b)(ii) may be before, on or after the commencement of this section.

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

the person has in possession an object or a thing knowing that it is being or is likely to be supplied or offered or displayed for supply;

(b)

the object or thing is none of the following:(i)

a prohibited food;

(ii)

a prohibited food contact article;

(iii)

a prohibited animal feed;

(c)

the object or thing is an import‑controlled item that was imported;

(d)

the import‑controlled item —(i)

does not meet an applicable standard; or

(ii)

has been identified in an inspection advice as failing;

(e)

the person knows, or ought reasonably to know, that the import‑controlled item was imported;

(f)

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

does not meet an applicable standard; or

(ii)

has been identified in an inspection advice as failing;

(g)

the person has not obtained the prior approval of an authorised officer to possess the import‑controlled item 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.

(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:(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,

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 —(i)

under subsection (1); or

(ii)

under section 23(2) of the Wholesome Meat and Fish Act 1999, where the current offence involves any meat or meat product or any fish or fish product.

(5) For the purposes of subsection (4), the conviction or finding of guilt for an offence referred to in subsection (4)(b)(ii) may be before, on or after the commencement of this section.