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Intentionally Contaminating Goods

Intentionally contaminating goods is an offence under section 380.2(1) of the Criminal Code Act 1995 (Cth), which carries a maximum penalty of 15 years in prison.

To establish the offence, the prosecution must prove beyond reasonable doubt that:

  1. You contaminated goods, and
  2. You did so with intent to:
  • Cause public alarm or anxiety in Australia
  • Cause widespread, or nationally significant, economic loss in Australia through public awareness of the contamination, or possible contamination, of the goods, or
  • cause harm to, or create a risk of harm to, public health in Australia.

‘Goods’ include any substance:

  1. Whether or not for human consumption
  2. Whether natural or manufactured, or
  3. Whether or not incorporated or mixed with other goods.

To ‘contaminate’ goods includes:

  1. To interfere with goods, or
  2. To make it appear that goods have been contaminated or interfered with economic loss caused through public awareness of the contamination of goods includes a reference to economic loss caused through:
  3. Members of the public not purchasing or using those goods or similar things, or
  4. Steps taken to avoid public alarm or anxiety or to avoid harm to members of the public.

Duress and necessity are defences to the charge.

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