Customs (Unlawful Exportation of Food) Amendment Act 1981 (Cth)

Customs (Unlawful Exportation of Food) Amendment Act 1981

No. 152 of 1981

 

An Act to amend the Customs Act 1901 in relation to the exportation of food

[Assented to 26 October 1981]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short title, &c.

1. (1) This Act may be cited as the Customs (Unlawful Exportation of Food) Amendment Act 1981.

(2) The Customs Act 19011 is in this Act referred to as the Principal Act.

Commencement

2. This Act shall come into operation on the day on which it receives the Royal Assent.

3. Section 4 of the Principal Act is amended by inserting after the definition of “Duty” in sub-section (1) the following definition:

“‘Food’ includes—

(a) any substance or thing of a kind used or capable of being used as food or drink by human beings; or

(b) any substance or thing of a kind used or capable of being used as an ingredient in a substance or thing referred to in paragraph (a),

whether or not it is in a condition fit for human consumption;”.

Smuggling and unlawful importation and exportation

4. Section 233 of the Principal Act is amended by inserting after sub-section (1) the following sub-section:

“(1a) Paragraph (1) (c) does not apply in relation to food.”.

5. After section 233 of the Principal Act the following section is inserted:

Unlawful exportation of food

“233aa. (1) A person who exports food the exportation of which is prohibited by regulations in force under this Act or the Commerce (Trade Descriptions) Act 1905 is guilty of an indictable offence and, subject to this section, is punishable on conviction by a fine not exceeding $100,000 or imprisonment for a period not exceeding 5 years, or both.

“(2) Notwithstanding that an offence referred to in sub-section (1) is an indictable offence, a court of summary jurisdiction may hear and determine proceedings in respect of such an offence if the court is satisfied that it is proper to do so and the defendant and the prosecutor consent.

“(3) Where, in accordance with sub-section (2), a court of summary jurisdiction convicts a person of an offence referred to in sub-section (1), the penalty that the court may impose is a fine not exceeding $5,000 or imprisonment for a period not exceeding 1 year, or both.”.

Regulations to have force of law

6. Section 270 of the Principal Act is amended—

(a) by omitting from paragraph (1) (c) “articles used for food or drink by man” (wherever occurring) and substituting “food”; and

(b) by adding at the end thereof the following sub-section:

“(3) Sub-section (2) does not apply in respect of a contravention of a regulation, being a contravention that relates to food, but the regulations may prescribe penalties not exceeding $1,000 in respect of such a contravention.”.

NOTE

1. No. 6, 1901, as amended. For previous amendments, see No. 21, 1906; Nos. 9 and 36, 1910; No. 19, 1914; No. 10, 1916; No. 41, 1920; No. 19, 1922; No. 12, 1923; No. 22, 1925; No. 6, 1930; Nos. 7 and 45, 1934; No. 7, 1935; No. 85, 1936; No. 54, 1947; No. 45, 1949; Nos. 56 and 80, 1950; No. 56, 1951; No. 108, 1952; No. 47, 1953; No. 66, 1954; No. 37, 1957; No. 54, 1959; Nos. 42 and 111, 1960; No. 48, 1963; Nos. 29, 82 and 133, 1965; No. 28, 1966; No. 54, 1967; Nos. 14 and 104, 1968; Nos. 12 and 134, 1971; No. 162, 1973; No. 216, 1973 (as amended by No. 20, 1974); Nos. 28 and 120, 1974; Nos. 56, 77 and 107, 1975; Nos. 41, 91 and 174, 1976; No. 154, 1977; Nos. 36 and 183, 1978; Nos. 92, 116, 177 and 180, 1979; Nos. 13, 15, 110 and 171, 1980; and Nos. 45, 64 and 67, 1981.