Criminal Code Act 1995
Section 3
CHAPTER 9 - DANGERS TO THE COMMUNITY Part 9.6 - Contamination of goods
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Hide history noteOffences based on implied nationhood power
(1)
A person commits an offence if:
(a) the person contaminates goods; and
(b) the person does so with intent:
(i) to cause public alarm or anxiety in Australia; or
(ii) to cause widespread, or nationally significant, economic loss in Australia through public awareness of the contamination, or possible contamination, of the goods; or
(iii) to cause harm to, or create a risk of harm to, public health in Australia.
Penalty: Imprisonment for 15 years.
(1A)
A person commits an offence if:
(a) the person contaminates goods; and
(b) the person does so reckless as to:
(i) causing public alarm or anxiety in Australia; or
(ii) causing widespread, or nationally significant, economic loss in Australia through public awareness of the contamination, or possible contamination, of the goods; or
(iii) causing harm to, or creating a risk of harm to, public health in Australia.
Penalty: Imprisonment for 10 years.
Offences based on other constitutional powers
(2)
A person commits an offence if:
(a) the person contaminates goods; and
(b) the person does so with intent to cause:
(i) public alarm or anxiety; or
(ii) economic loss through public awareness of the contamination, or possible contamination, of the goods; and
(c) any of the following subparagraphs applies:
(i) the loss is a loss to a constitutional corporation (other than a foreign corporation within the meaning of paragraph 51(xx) of the Constitution);
(ii) the loss is a loss to a constitutional corporation that is a foreign corporation within the meaning of paragraph 51(xx) of the Constitution and the goods have been produced, manufactured, assembled or otherwise processed in Australia;
(iii) the goods belong to a constitutional corporation (other than a foreign corporation within the meaning of paragraph 51(xx) of the Constitution);
(iv) the goods belong to a constitutional corporation that is a foreign corporation within the meaning of paragraph 51(xx) of the Constitution and the goods have been produced, manufactured, assembled or otherwise processed in Australia;
(v) the person is a constitutional corporation (other than a foreign corporation within the meaning of paragraph 51(xx) of the Constitution);
(vi) the person is a constitutional corporation that is a foreign corporation within the meaning of paragraph 51(xx) of the Constitution and the goods have been produced, manufactured, assembled or otherwise processed in Australia;
(vii) the loss takes the form of detriment to constitutional trade and commerce;
(viii) the goods are in the course of, or intended for, constitutional trade and commerce;
(ix) the contamination occurs outside Australia and the goods have been produced, manufactured, assembled or otherwise processed in Australia;
(x) the loss is a loss to the Commonwealth or a Commonwealth authority.
Penalty: Imprisonment for 15 years.
(2A)
A person commits an offence if:
(a) the person contaminates goods; and
(b) the person does so reckless as to causing:
(i) public alarm or anxiety; or
(ii) economic loss through public awareness of the contamination, or possible contamination, of the goods; and
(c) any of the following subparagraphs applies:
(i) the loss is a loss to a constitutional corporation (other than a foreign corporation within the meaning of paragraph 51(xx) of the Constitution);
(ii) the loss is a loss to a constitutional corporation that is a foreign corporation within the meaning of paragraph 51(xx) of the Constitution and the goods have been produced, manufactured, assembled or otherwise processed in Australia;
(iii) the goods belong to a constitutional corporation (other than a foreign corporation within the meaning of paragraph 51(xx) of the Constitution);
(iv) the goods belong to a constitutional corporation that is a foreign corporation within the meaning of paragraph 51(xx) of the Constitution and the goods have been produced, manufactured, assembled or otherwise processed in Australia;
(v) the person is a constitutional corporation (other than a foreign corporation within the meaning of paragraph 51(xx) of the Constitution);
(vi) the person is a constitutional corporation that is a foreign corporation within the meaning of paragraph 51(xx) of the Constitution and the goods have been produced, manufactured, assembled or otherwise processed in Australia;
(vii) the loss takes the form of detriment to constitutional trade and commerce;
(viii) the goods are in the course of, or intended for, constitutional trade and commerce;
(ix) the contamination occurs outside Australia and the goods have been produced, manufactured, assembled or otherwise processed in Australia;
(x) the loss is a loss to the Commonwealth or a Commonwealth authority.
Penalty: Imprisonment for 10 years.
(3)
Absolute liability applies to paragraphs (2)(c) and (2A)(c).
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