Division 4 under Part 1 of Crimes Act Victoria (1958) is about contamination of goods Victoria. Specifically, sections 248 and 249 outline points in relation to contamination of goods. In this article, we will go over these sections.
Section 248: Goods Contamination (Vic)
Subsection (1) mentions meaning behind contamination of goods in Victoria. It states that, contaminate in relation to goods includes:
- Interfering with the goods; or
- Making it appear that the goods have been contaminated or interfered with.
As per Section 248, goods include any substance:
- Whether or not intended for human consumption; and
- Whether natural or manufactured; and
- Whether or not incorporated or mixed with other goods.
In other words, goods refers to food, as well as substances not meant for human consumption, commingled goods and manufactured or natural goods.
Subsection (2) of Section 248 states that a reference to economic loss in Division 4 under Part 1 caused because of public awareness of contamination of goods refers to economic loss because of:
- People not using/purchasing those goods, or not using/purchasing similar goods; or
- Steps taken to avoid public anxiety or alarm, or to avoid harm to members of public.
Section 249: Contamination of Goods Victoria with Intent to Cause, or Being Reckless as to whether it would Cause, Public Alarm or Economic Loss
This Section on the contamination of goods states that a person must not contaminate goods with the intention of causing, or being reckless as to whether or not the contamination would cause:
- Public anxiety or alarm
- Economic loss because of public awareness of the contamination.
This means that the elements for this crime to occur include the person intentionally contaminated goods so as to cause economic loss, or public alarm.
According to Section 249 of Crimes Act Victoria (1958), the penalty for this includes:
- Level 5 imprisonment that includes 10 years maximum; or
- Level 4 fine which is 1200 penalty units maximum; or
- Both.
Note: As of 1 July 2024, the value of one penalty unit in Victoria is $197.59. This is subject to change in the new financial year, please check this website for updates: Victoria penalties and values.
Section 250: Threatening to Contaminate Goods with Intent to Cause, or Being Reckless as to Whether It would Cause Public Alarm, or Economic Loss
Subsection (1) states that people must not make threats about contamination of goods with the intention of causing, or being reckless as to whether or not the threat would cause:
- Public alarm or anxiety
- Economic loss through public awareness of the threat
The penalty for this offence includes 10 years maximum imprisonment (Level 5) or 1200 penalty units maximum (Level 5) or both.
Furthermore, Section 250 states that parties can make such threats by any conduct. Moreover, these threats can be explicit or implicit and conditional or unconditional.
Section 251: Making False Statements Concerning Contamination of Goods with Intent to Cause, or Being Reckless as to whether it would Cause, Public Alarm or Economic Loss
Subsection (1) states that a person must not make a statement that they believe to be false:
- With the intention of inducing a person to believe that goods have been contaminated; and
- With the intention of thereby causing, or being reckless as to whether or not the statement would cause:
- Public alarm
- Economic loss (because of public awareness of the threat)
Note that as per Section 251, an offender can make such a false statement by conveyancing information through any means.
Importance of Seeking Advice from Criminal Lawyers
If you are in need of legal advice for any criminal law matter, we recommend that you speak with our leading criminal lawyers. They have the experience of handling different criminal cases. Our legal practitioners can represent you in a variety of criminal matters.
For more information, contact our team of lawyers.
