63. Dealing with failing imported food, etc., knowingly

the person intentionally deals with an import‑controlled item in a particular manner;

the import‑controlled item is examinable matter;

the person knows, or ought reasonably to know, that the import‑controlled item was imported;

the person knows, or ought reasonably to know, that the import‑controlled item has been identified in an inspection advice as failing;

the person has not obtained the prior approval of an authorised officer to deal with the import‑controlled item in that manner;

the person is neither permitted nor required, in accordance with the inspection advice, to deal with the import‑controlled item in that manner; and

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

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); or

under section 23(2) of the Wholesome Meat and Fish Act 1999, where the current offence involves any meat or meat product or any fish or fish product.