The Crime Point-in-Time Service has been updated to include the Criminal Code Amendment (Food Contamination) Act 2018 (Cth) (Act 98 of 2018) and the Unexplained Wealth Legislation Amendment Act 2018 (Cth) (Act 126 of 2018).
The Act strengthens Australia’s food contamination offences in the wake of recent
events involving the contamination of strawberries.
The Act increase the maximum penalty for existing offences in the Criminal Code 1995 (Criminal Code) (sections 380.1- 380.5) that deal with the contamination of goods with the intention of causing public alarm or anxiety, economic loss or harm or a risk of harm to public health in Australia from 10 years’ to 15 years’ imprisonment.
The Act creates new offences in the Criminal Code that will apply where a person is reckless as to whether they will cause public alarm or anxiety, economic loss or harm or a risk of harm to public health in Australia. These recklessness-based offences mirror the intention-based offences. The maximum penalty for these offences is 10 years’ imprisonment.
The Act also amends the existing definition of "public infrastructure" within the sabotage offences in Division 82 of the Criminal Code to cover food intended for public consumption, and services and utilities relating to food.
The Unexplained Wealth Legislation Amendment Act 2018 (the Act) amends the Proceeds of Crime Act 2002 (Cth) (the POC Act) to give effect to the National Cooperative Scheme on Unexplained
Wealth (the national scheme) as recommended by the February 2014 Independent Report
of the Panel on Unexplained Wealth (the Report) by former police commissioners, Mr
Ken Moroney AO APM and Mr Mick Palmer AO APM, and negotiated by the Officials-Level
Working Group on Unexplained Wealth under the auspices of the former Law, Crime and
Community Safety Council.
The Act, supplemented by an Intergovernmental Agreement on the National Cooperative Scheme on Unexplained Wealth (the ‘NCSUW agreement’) and State Acts, gives effect to the following aspects of the national scheme:
The amendments made by these Acts have been updated in the Point-in-Time Crime Service current to 9 November 2018. (NB: Subscription required).
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