Criminal Code Amendment (Food Contamination) Act 2018

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Legislation au C2018A00098 In force Act

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Criminal Code Amendment (Food Contamination) Act 2018

 

No. 98, 2018

 

 

 

 

 

An Act to amend the Criminal Code Act 1995, and for related purposes

 

 

Contents

1 Short title

2 Commencement

3 Schedules

Schedule 1—Amendments

Part 1—Contamination offences

Criminal Code Act 1995

Part 2—Sabotage offences

Criminal Code Act 1995

 

 

 

Criminal Code Amendment (Food Contamination) Act 2018

No. 98, 2018

 

 

 

An Act to amend the Criminal Code Act 1995, and for related purposes

[Assented to 21 September 2018]

The Parliament of Australia enacts:

1  Short title

  This Act is the Criminal Code Amendment (Food Contamination) Act 2018.

2  Commencement

 (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this Act

The day after this Act receives the Royal Assent.

22 September 2018

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

 (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3  Schedules

  Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Amendments

Part 1—Contamination offences

Criminal Code Act 1995

1  Subsection 380.2(1) of the Criminal Code (heading)

Omit “Offence”, substitute “Offences”.

2  Subsection 380.2(1) of the Criminal Code (penalty)

Omit “10 years”, substitute “15 years”.

3  After subsection 380.2(1) of the Criminal Code

Insert:

 (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.

4  Subsection 380.2(2) of the Criminal Code (penalty)

Omit “10 years”, substitute “15 years”.

5  After subsection 380.2(2) of the Criminal Code

Insert:

 (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.

6  Subsection 380.2(3) of the Criminal Code

Omit “paragraph (2)(c)”, substitute “paragraphs (2)(c) and (2A)(c)”.

7  Subsection 380.3(1) of the Criminal Code (heading)

Omit “Offence”, substitute “Offences”.

8  Subsection 380.3(1) of the Criminal Code (penalty)

Omit “10 years”, substitute “15 years”.

9  After subsection 380.3(1) of the Criminal Code

Insert:

 (1A) A person commits an offence if:

 (a) the person makes a threat that goods will be contaminated; 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.

10  Subsection 380.3(2) of the Criminal Code (penalty)

Omit “10 years”, substitute “15 years”.

11  After subsection 380.3(2) of the Criminal Code

Insert:

 (2A) A person commits an offence if:

 (a) the person makes a threat that goods will be contaminated; 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 person makes the threat in Australia using a postal or other like service or an electronic communication;

 (x) the person makes the threat outside Australia and the goods have been produced, manufactured, assembled or otherwise processed in Australia;

 (xi) the loss is a loss to the Commonwealth or a Commonwealth authority;

 (xii) the threat is made to the Commonwealth or a Commonwealth authority.

Penalty: Imprisonment for 10 years.

12  Subsection 380.3(3) of the Criminal Code

Omit “paragraph (2)(c)”, substitute “paragraphs (2)(c) and (2A)(c)”.

13  Subsection 380.4(1) of the Criminal Code (heading)

Omit “Offence”, substitute “Offences”.

14  Subsection 380.4(1) of the Criminal Code (penalty)

Omit “10 years”, substitute “15 years”.

15  After subsection 380.4(1) of the Criminal Code

Insert:

 (1A) A person commits an offence if:

 (a) the person makes a statement that the person believes to be false; and

 (b) the person does so with the intention of inducing the person to whom the statement is made or others to believe that goods have been contaminated; and

 (c) 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.

16  Subsection 380.4(2) of the Criminal Code (heading)

Omit “Offence”, substitute “Offences”.

17  Subsection 380.4(2) of the Criminal Code (penalty)

Omit “10 years”, substitute “15 years”.

18  After subsection 380.4(2) of the Criminal Code

Insert:

 (2A) A person commits an offence if:

 (a) the person makes a statement that the person believes to be false; and

 (b) the person does so with the intention of inducing the person to whom the statement is made or others to believe that goods have been contaminated; and

 (c) 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

 (d) 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 person makes the statement in Australia using a postal or other like service or an electronic communication;

 (x) the person makes the statement outside Australia and the goods have been produced, manufactured, assembled or otherwise processed in Australia;

 (xi) the loss is a loss to the Commonwealth or a Commonwealth authority;

 (xii) the statement is made to the Commonwealth or a Commonwealth authority.

Penalty: Imprisonment for 10 years.

19  Subsection 380.4(3) of the Criminal Code

Omit “paragraph (2)(d)”, substitute “paragraphs (2)(d) and (2A)(d)”.

20  Section 380.5 of the Criminal Code

Omit “subsection 380.2(1) or (2), 380.3(1) or (2) or 380.4(1) or (2)”, substitute “section 380.2, 380.3 or 380.4”.

Part 2—Sabotage offences

Criminal Code Act 1995

21  Subparagraph 82.2(1)(e)(i) of the Criminal Code

After “of any kind”, insert “, or relates to food (within the meaning of the Food Standards Australia New Zealand Act 1991) intended for the public”.

22  At the end of subsection 82.2(1) of the Criminal Code

Add:

 ; (f) food (within the meaning of the Food Standards Australia New Zealand Act 1991) that:

 (i) is intended for the public; and

 (ii) is produced, distributed or sold by a constitutional corporation or for the purposes of, or in the course of, constitutional trade and commerce.

23  At the end of subsection 82.2(3) of the Criminal Code

Add:

 ; and (c) in relation to public infrastructure within the meaning of paragraph (1)(f)—to the element that the food is produced, distributed or sold by a constitutional corporation or for the purposes of, or in the course of, constitutional trade and commerce.

 

 

 

 

[Minister’s second reading speech made in—

House of Representatives on 20 September 2018

Senate on 20 September 2018]

(209/18)

 

Overview

The Criminal Code Amendment (Food Contamination) Act 2018, enacted by the Parliament of Australia on 21 September 2018, was introduced to strengthen the legal framework addressing food contamination and related offences. This Act amends the Criminal Code Act 1995 to specifically target the contamination of goods, threats of contamination, and false statements about contamination that could cause public alarm, economic loss, or public health risks. By increasing penalties and broadening the scope of the existing offences, the legislation aims to protect public health and economic stability by deterring and penalising severe contamination-related activities. The policy objective behind this Act is to enhance the safety and integrity of the nation's food supply and to safeguard against the economic and public health repercussions of food contamination. The Act's amendments extend to increasing penalties for those committing contamination offences and making threats or false statements about contamination. By imposing higher penalties, the legislation underscores the seriousness of these offences and seeks to act as a deterrent against potential offenders. This Act ensures that those who recklessly cause public alarm or significant economic loss through contamination-related activities face stringent legal consequences.

Scope and Application

The Criminal Code Amendment (Food Contamination) Act 2018 applies to individuals and entities involved in the contamination, threats of contamination, or false statements regarding the contamination of goods, specifically food, within Australia and its territories. The Act amends the Criminal Code Act 1995 to enhance penalties for such offences, including imprisonment for up to 15 years for severe cases impacting public health, economic loss, or public alarm. The amendments also extend to scenarios where the contamination or threat affects constitutional corporations, constitutional trade and commerce, or the Commonwealth. The Act’s jurisdictional reach is Commonwealth-wide, and it imposes strict penalties to deter actions that could harm public health or the economy significantly. There are no specific exclusions mentioned within the text of the Act; however, the application of the Act may be further defined through subordinate instruments or regulations that could specify additional details or exceptions in particular circumstances.

Key Provisions

The Criminal Code Amendment (Food Contamination) Act 2018 amends the Criminal Code Act 1995 to enhance the penalties and the scope of the existing offences related to the contamination, threats of contamination, and false statements about the contamination of goods. The Act introduces new provisions (sections 380.2(1A), 380.2(2A), 380.3(1A), 380.3(2A), 380.4(1A), and 380.4(2A)) that specifically address contamination and threats of contamination of goods that are likely to cause public alarm, economic loss, or harm to public health. Additionally, the Act expands the existing sabotage offences (sections 82.2(1) and 82.2(3)) to include contamination of food intended for the public. The obligations under this Act primarily concern the prohibition of contaminating goods, making threats of contamination, or making false statements about contamination, particularly when these actions are done recklessly and likely to cause significant public alarm, economic loss, or harm to public health. The Act requires that any person who engages in these activities be held accountable under the law. The expanded scope of the sabotage offences also includes contaminating food intended for the public, which is now explicitly included in the definition of sabotageable property. The Act imposes severe penalties for breaches of its provisions. The maximum penalty for the offences of contaminating goods, making threats of contamination, and making false statements about contamination is imprisonment for 10 years, increased from the previous 10-year maximum penalty. For the aggravated forms of these offences, where the contamination or threat affects constitutional corporations, constitutional trade and commerce, or the Commonwealth, the penalty remains the same but now explicitly includes these scenarios. The penalty for the sabotage offences related to food contamination is imprisonment for 15 years, which is consistent with the penalties for other forms of sabotageable property. The amendments ensure that the law is robust in addressing food contamination and related threats, reflecting the serious consequences such actions can have on public health and the economy. The increased penalties underscore the severity of these offences and the importance of protecting the public from the risks associated with food contamination.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.