Making a False Statement about the Contamination of Goods With Intent
Making a false statement about the contamination of goods with intent is an offence under section 380.4(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:
- You made a statement
- You knew the statement was false
- You did so intending to induce the person to whom the statement was made or others to believe goods had been contaminated, and
- You did so intending that your statement would cause:
- Public alarm or anxiety in Australia
- Widespread or nationally significant economic loss in Australia through public awareness of the actual or possible contamination, or
- Harm or risk of harm to public health in Australia.
‘Goods’ include any substance:
- Whether or not for human consumption
- Whether natural or manufactured, and
- Whether or not incorporated or mixed with other goods.
To ‘contaminate’ goods includes:
- To interfere with goods, and
- To make it appear that goods have been contaminated or interfered with.
‘Economic loss’ includes monetary loss caused through:
- Members of the public not purchasing or using those goods or similar things, and
- Steps taken to avoid public alarm or anxiety or to avoid harm to members of the public.
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