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Food Safety and Security Act 2025 Division 4 — Defence and presumption

s 67–s 68 · 2 sections

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗

Defence of due diligence

s 67

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67.—(1) In a prosecution of a person for an offence under this Part, it is a defence for the person charged to prove, on a balance of probabilities, that —(a) the commission of the offence was due to —(i) an act or omission of another person; or (ii) an accident or some other cause outside the control of the person charged; and (b) the person charged took all reasonable precautions and exercised all due diligence to prevent the commission of the offence by the person, or by another person under the control of the person charged. (2) In subsection (1)(a), another person does not include a person who was at the time of the commission of the offence —(a) an employee or agent of the person charged; or (b) if the person charged is an entity, an officer of the entity. (3) Section 26H(4) of the Penal Code 1871 does not apply in relation to a strict liability offence under this Part.

Presumption as to possession

s 68

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68. For the purposes of sections 61, 62, 64, 65 and 66, where food is found in any premises that a person uses for —(a) manufacturing food of the same kind; (b) preparing food of the same kind; (c) storing, packing or labelling food of the same kind; (d) transporting or delivering food of the same kind; (e) displaying food of the same kind; or (f) selling food, whether or not of the same kind, then the following presumptions apply: (g) the food is presumed to be in the person’s possession for the purpose of supply until the contrary is proved; (h) the person is presumed, until the contrary is proved, to have known that the food is likely to be supplied or offered or displayed for supply.

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