Part 10Offences, penalties, and proceedings
Offences
127Offences involving deception
A person commits an offence who, with intent to deceive and for the purpose of obtaining any material benefit or avoiding any material detriment,—
- makes any false or misleading statement or any material omission in any communication, application, record, or return for the purpose of this Act, or destroys, cancels, conceals, alters, obliterates, or fails to provide any document, record, return, or information required to be kept or communicated under this Act; or
- falsifies, removes, misuses, alters, misapplies, misrepresents, or fails to apply any brand or material or product description or other form of identification of animal material or animal product required or authorised to be used under this Act; or
- falsifies, removes, misuses, alters, misapplies, misrepresents, or fails to apply any identification, differentiation, or security system or device specified or approved or required under section 158; or
- misrepresents, substitutes in whole or in part, adulterates, or otherwise tampers with animal material or animal product to which this Act applies so that it no longer matches or complies with its identification, description, certificate, label, or official assurance; or
- falsifies, alters, or misapplies any certificate or declaration or other statutory form attached or relating to any animal material or animal product that is required or authorised to be used under this Act, or any official assurance, or tampers with any animal material or animal product that is subject to such a certificate, declaration, form, or assurance; or
- falsifies, removes, suppresses, or tampers with any samples, test procedures, test results, or evidence taken or seized by an animal product officer, official assessor, recognised agency, or other recognised
or authorised personin the exercise of their functions or powers under this Act; or - falsifies, removes, suppresses, or tampers with any samples, test procedures, or test results taken by or for an operator of a registered risk management programme for the purposes of that programme or this Act, or by or for a person subject to the requirements of a regulated control scheme for the purposes of that scheme or this Act; or
- aids, abets, incites, counsels, procures, or conspires with any other person to commit an offence under this section.
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A person who commits an offence against subsection (1) is liable on conviction—
- in the case of a body corporate, to a fine not exceeding $500,000:
- in the case of an individual, to imprisonment for a term not exceeding 5 years and a fine not exceeding $100,000.
Notes
- Section 127(1)(f): amended, on , by section 11(a) of the Animal Products Amendment Act 2012 (2012 No 59).
- Section 127(1)(f): amended, on , by section 11(b) of the Animal Products Amendment Act 2012 (2012 No 59).
- Section 127(1)(f): amended, on , by section 5(8) of the Animal Products Amendment Act 2005 (2005 No 26).
- Section 127(2): repealed, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
- Section 127(3): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).