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In forceUpdated to 1 Jul 2026
Contents

Part 3 · Import, Export and Transhipment

67. Defence of due diligence

(1)

In a prosecution of a person for an offence under this Part, it is a defence for the person charged to prove, on a balance of probabilities, that —

(a)

the commission of the offence was due to —

(i)

an act or omission of another person; or

(ii)

an accident or some other cause outside the control of the person charged; and

(b)

the person charged took all reasonable precautions and exercised all due diligence to prevent the commission of the offence by the person, or by another person under the control of the person charged.

(2)

In subsection (1)(a), another person does not include a person who was at the time of the commission of the offence —

(a)

an employee or agent of the person charged; or

(b)

if the person charged is an entity, an officer of the entity.

(3)

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

Part 4

Food Businesses

Part 5

Defined Food and Pre-Market Approval

Part 6

Provision of Non-Packaged Drinking Water

Part 7

Food Safety and Sustainable Primary Production Measures

Part 8

Offences Relating to Food Safety

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