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In forceUpdated to 1 Jul 2026
Contents

Part 10 · Misleading or Deceptive Conduct and Other Marketing Offences

181. Supplying falsely described food — strict liability

(1)

A person commits an offence if the person, in the course of carrying on a food business —

(a)

supplies to another person food that is packed or labelled in a way that falsely describes the food; or

(b)

supplies food to another person and gives that person a false warranty for the food.

(2)

A person who commits an offence under subsection (1) shall be liable on conviction —

(a)

where the person is an individual — to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 months or to both; or

(b)

where the person is not an individual — to a fine not exceeding $10,000.

(3)

In proceedings for an offence under subsection (1) —

(a)

it is not necessary for the prosecution to prove that a person charged knew or had reason to believe that the food is falsely described, or that the warranty is false, as the case may be; but(b)it is a defence to the charge for the person charged to prove, on a balance of probabilities, that the person charged —

(i)

did not know and could not reasonably have been expected to know, that the food was falsely described when supplied; or

(ii)

when giving the warranty, had reason to believe that the assertions or statements contained in the warranty were true.

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