Criminal Code Act 1995
1 After Part 9.4 of the Criminal Code
Insert:
Part 9.6Contamination of goods
380.1 Definitions
(a) with other countries; or
(b) among the States; or
(c) between a State and a Territory; or
(d) between 2 Territories.
(a) interfere with the goods; or
(b) make it appear that the goods have been contaminated or interfered
with.
(a) whether or not for human consumption; and
(b) whether natural or manufactured; and
(c) whether or not incorporated or mixed with other goods.
(a) members of the public not purchasing or using those goods or similar
things; or
(b) steps taken to avoid public alarm or anxiety or to avoid harm to
members of the public.
380.2 Contaminating goods
Offence based on implied nationhood power
(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 10 years.
Offences based on other constitutional powers
(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 10 years.
380.3 Threatening to contaminate goods
Offence based on implied nationhood power
(a) the person makes a threat that goods will be contaminated; 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 10 years.
Offences based on other constitutional powers
(a) the person makes a threat that goods will be contaminated; 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 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.
380.4 Making false statements about contamination of goods
Offence based on implied nationhood power
(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 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 10 years.
Offence based on other constitutional powers
(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 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
(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.
380.5 Extended geographical jurisdictioncategory D
2 Dictionary in the Criminal Code
Insert: