In forceUpdated to 1 Jul 2026

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Food Safety and Security Act 2025 · Updated to 1 Jul 2026 · Part 3 · Import, Export and Transhipment

61. Dealing with imported examinable matter without inspection advice

(1)

A person commits an offence if —

(a)

the person —

(i)

intentionally deals with an object or a thing in a particular manner; or

(ii)

has in possession an object or a thing knowing that it is likely to be supplied or offered or displayed for supply;

(b)

the object or thing is examinable matter;

(c)

the person knows, or ought reasonably to know, that the object or thing was imported;

(d)

an inspection advice has not been issued in respect of the object or thing;

(e)

the person knows, or ought reasonably to know, that an inspection advice has not been issued in respect of the object or thing;

(f)

the person has not obtained the prior approval of an authorised officer to deal with the object or thing in that manner; and

(g)

the person is neither an officer of customs, nor an authorised officer, acting in the course of his or her duties.

(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)

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).

(4)

Subsection (1) does not apply to a dealing with prepacked food for the purpose of altering or replacing the label on a package containing the prepacked food in order to meet an applicable standard relating to content in labels for prepacked food.

Read on from s 62

Part 4