Criminal Code Amendment (Contamination of Goods) Act 1999
An Act to amend the Criminal Code
[Royal Assent 7 April 1999]
Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:
1Short titleThis Act may be cited as the Criminal Code Amendment (Contamination of Goods) Act 1999 . 2CommencementThis Act commences on the day on which this Act receives the Royal Assent. 3Principal ActIn this Act, the Criminal Code is referred to as the Code. 4Section 1 amended (Interpretation) Section 1 of the Code is amended as follows: (a) by inserting the following definition after the definition of company : contaminate, in respect of goods, includes – (a) interfere with the goods; and (b) making it appear that the goods have been contaminated or interfered with; (b) by inserting the following definition after the definition of explosive substance : goods includes any substance – (a) whether or not for human consumption; and (b) whether natural or manufactured; and (c) whether or not incorporated or mixed with other goods; 5Chapter XXXIIB insertedAfter section 287B of the Code , the following Chapter is inserted in Part VI: Chapter XXXIIBContamination of Goods 287CInterpretation In this Chapter, a reference to economic loss caused through public awareness of the contamination of goods includes a reference to economic loss caused through – (a) members of the public not purchasing or using those goods or similar goods; or (b) steps taken to avoid public alarm or anxiety or to avoid harm to members of the public. 287DContaminating goods with intent to cause public alarm or economic loss A person who contaminates goods with the intention of – (a) causing public alarm or anxiety; or (b) causing economic loss through public awareness of the contamination – is guilty of a crime.Charge: Contaminating goods. 287EThreatening to contaminate goods with intent to cause public alarm or economic loss (1) A person who makes a threat that goods will be contaminated with the intention of – (a) causing public alarm or anxiety; or (b) causing economic loss through public awareness of the contamination – is guilty of a crime.Charge: Threatening to contaminate goods. (2) For the purposes of this section, a threat may be made by any conduct, and may be explicit or implicit and conditional or unconditional. 287FMaking false statements concerning contamination of goods with intent to cause public alarm or economic loss (1) A person who makes a statement that the person believes to be false – (a) with the intention of inducing the person to whom the statement is made or other persons to believe that goods have been contaminated; and (b) with the intention of – (i) causing public alarm or anxiety; or (ii) causing economic loss through public awareness of the contamination – is guilty of a crime.Charge: Making false statements concerning contamination. (2) For the purposes of this section, making a statement includes conveying information by any means. 287GTerritorial nexus for offences It is immaterial that the conduct of a person constituting an offence under this Chapter occurred outside Tasmania, if the person intended by that conduct – (a) to cause public alarm or anxiety in Tasmania; or (b) to cause economic loss in Tasmania through public awareness of the contamination. [Second reading presentation speech made in:
House of Assembly on 9 DECEMBER 1998
Legislative Council on 16 MARCH 1999]