59. Importing item not meeting applicable standard, etc.

the person imports an import‑controlled item that is none of the following:

a prohibited food;

a prohibited food contact article;

a prohibited animal feed;

the import-controlled item —

does not meet an applicable standard; or

is not covered by a recognised foreign government certificate where the inspection scheme regulations identify the import‑controlled item as one that, if imported, must be covered by a recognised foreign government certificate; and

the person knows, or ought reasonably to know, when importing that the import‑controlled item —

does not meet an applicable standard; or

is not covered by a recognised foreign government certificate where the inspection scheme regulations identify the import‑controlled item as one that, if imported, must be covered by a recognised foreign government certificate.

where the person is an individual —

to a fine not exceeding $15,000 or to imprisonment for a term not exceeding 6 months or to both; or

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

where the person is not an individual —

to a fine not exceeding $30,000; or

where the person is a repeat offender — to a fine not exceeding $60,000.

any of the following circumstances applied with respect to the import‑controlled item when imported:

the food was unsafe;

the type of regulated food contact article had or may have contaminated any food or caused or may have caused food to no longer be safe; and

the person knew, or ought reasonably to have known, that the relevant circumstances in paragraph (a) applied with respect to the import‑controlled item when imported,the person who is convicted or found guilty of the offence shall be liable on conviction instead —

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).