Food Safety and Security Act 2025 · s 117

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—(1) A person to whom a section 116 direction is addressed and given commits an offence if the person —(a)intentionally carries on an activity in contravention of the direction;(b)neglects or refuses to comply with the direction; or(c)fails to comply with a condition specified in the direction.(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) Subsection (2) does not apply if the person has a reasonable excuse.(4) 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 to whom a section 116 direction is addressed and given commits an offence if the person —(a)intentionally carries on an activity in contravention of the direction;(b)neglects or refuses to comply with the direction; or(c)fails to comply with a condition specified in the direction.
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.
Subsection (2) does not apply if the person has a reasonable excuse.
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 117Offence of not complying with section 116 direction

(1)

A person to whom a section 116 direction is addressed and given commits an offence if the person —

(a)

intentionally carries on an activity in contravention of the direction;

(b)

neglects or refuses to comply with the direction; or

(c)

fails to comply with a condition specified in the direction.

(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)

Subsection (2) does not apply if the person has a reasonable excuse.

(4)

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).