Food Safety and Security Act 2025 · s 160

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—(1) A person commits an offence if —(a)the person supplies any food;(b)the food is none of the following:(i)a prohibited food; (ii)a food of higher regulatory concern mentioned in section 44(4);(c)the food was imported;(d)the food was imported on the basis that it was for private consumption only; and(e)the person knows, or ought reasonably to know, that the food was imported on the basis that it was for private consumption only.(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) In subsection (2), “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).
A person commits an offence if —(a)the person supplies any food;(b)the food is none of the following:(i)a prohibited food; (ii)a food of higher regulatory concern mentioned in section 44(4);(c)the food was imported;(d)the food was imported on the basis that it was for private consumption only; and(e)the person knows, or ought reasonably to know, that the food was imported on the basis that it was for private consumption only.
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.
In subsection (2), “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).

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s 160Supplying food imported for private consumption

(1)

A person commits an offence if —

(a)

the person supplies any food;

(b)

the food is none of the following:

(i)

a prohibited food; (ii)a food of higher regulatory concern mentioned in section 44(4);

(c)

the food was imported;

(d)

the food was imported on the basis that it was for private consumption only; and

(e)

the person knows, or ought reasonably to know, that the food was imported on the basis that it was for private consumption only.

(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)

In subsection (2), “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).