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In forceUpdated to 1 Jul 2026
Contents

Part 8 · Offences Relating to Food Safety

171. Non-defences

(1)

For the purposes of this Act —

(a)

it is not a defence to allege that the person instituting the prosecution is not the person who caused any analysis to be made for the purposes of the prosecution; and

(b)

where the prosecution or proceeding relates to any food purchased for analysis, it is not a defence that the part of the food retained for future comparison has from spontaneous natural causes deteriorated, perished or undergone a material change in its constitution.

(2)

It is not a defence that the purchaser bought any food or appliance for analysis or examination and therefore was not prejudiced.

(3)

Section 26H(4) of the Penal Code 1871 does not apply in relation to a strict liability offence under this Part.

Part 9

Food and Health Promotion

Part 10

Misleading or Deceptive Conduct and Other Marketing Offences

Part 11

Certain Agri-Food Production Inputs

Part 12

Appeals

Part 13

Monitoring and Enforcement

Part 14

Administration

Part 15

Regulations and Codes

Part 16

Miscellaneous

Part 17

Amendments to Other Acts and Final Provisions

Schedules