154. Unsafe primary produce from primary production activity

the person undertakes any primary production activity;

the primary produce resulting from the primary production activity is unsafe; and

the person, when undertaking the primary production activity, knew, or ought reasonably to have known, that the primary produce resulting from that primary production activity would or would likely be unsafe.

where the person is an individual —

to a fine not exceeding $25,000 or to imprisonment for a term not exceeding 12 months or to both; or

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

where the person is not an individual —

to a fine not exceeding $50,000; or

where the person is a repeat offender — to a fine not exceeding $100,000.

is convicted, or found guilty, of such an offence (called the current offence); and

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).