Food Act 2014

Provisions relating to recognition, territorial authorities, administration, and enforcement - Offences - Offences

238: Offences involving publishing non-complying advertisement

You could also call this:

"Breaking the law by advertising food wrongly"

You commit an offence if you publish an advertisement about food or food accessories that does not follow the rules of the Food Act 2014. This includes advertisements that are false, misleading, or do not include required information. You can commit this offence if you are the person selling the food, promoting its sale, or if you are acting on behalf of that person.

If you are taken to court for this offence, you do not have to have intended to break the rules for you to be found guilty. There is a defence to this offence, which is explained in Section 252. If you are found guilty, you can be fined up to $250,000 if you are a company, or up to $50,000 if you are an individual.

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Part 4Provisions relating to recognition, territorial authorities, administration, and enforcement
Offences: Offences

238Offences involving publishing non-complying advertisement

  1. A person commits an offence if both subsections (2) and (3) apply.

  2. This subsection applies if the person publishes an advertisement relating to food or a food-related accessory that—

  3. does not comply with all applicable requirements of this Act relating to advertising or promoting food or food-related accessories; or
    1. is false as to the age, composition, effects, nature, origin, purity, quality, or strength of the food or the safety or suitability of the food or the safety or suitability of the food-related accessory; or
      1. is likely to deceive a buyer as to the age, composition, effects, nature, origin, purity, quality, or strength of the food or the safety or suitability of the food or the safety or suitability of the food-related accessory; or
        1. is prohibited by a requirement of this Act from being marked on or attached to the kind of food or the kind of food-related accessory or packages containing that kind of food or that kind of food-related accessory; or
          1. makes a statement prohibited by a requirement of this Act to be made in an advertisement relating to the kind of food or the kind of food-related accessory; or
            1. expressly or impliedly qualifies, or is contrary to, details required by a requirement of this Act to be marked on or attached to the kind of food or the kind of food-related accessory or packages containing that kind of food or that kind of food-related accessory; or
              1. omits from the name or description of the food or the food-related accessory any word or words required by a requirement of this Act to be included in the name or description marked on or attached to the kind of food or the kind of food-related accessory or packages containing that kind of food or that kind of food-related accessory; or
                1. fails to make a statement required by a requirement of this Act to be made in an advertisement relating to the kind of food or the kind of food-related accessory; or
                  1. fails to show, in an advertisement shown on a screen, a word or words or a statement required by paragraph (g) or (h) in clearly legible lettering for a sufficient length of time for an ordinary viewer to read them.
                    1. This subsection applies if the person publishes the advertisement as—

                    2. the person selling, promoting the sale, or appearing to promote the sale of the food or the food-related accessory; or
                      1. the agent or employee of the person selling, promoting the sale, or appearing to promote the sale of the food or the food-related accessory.
                        1. In a prosecution for an offence against this section, it is not necessary to prove that the defendant intended to commit the offence.

                        2. Section 252 contains a defence to a prosecution for an offence against this section.

                        3. A person who commits an offence against this section is liable on conviction,—

                        4. for a body corporate, to a fine not exceeding $250,000:
                          1. for an individual, to a fine not exceeding $50,000.