Australian Capital Territory Numbered Acts

FOOD ACT 1992 (NO. 47 OF 1992) - SECT 19

19. (1) It is a defence to a prosecution of a person for an offence against this Part that—

        (a)     the contravention in respect of which the prosecution was instituted was due to the act or default of another person (other than a director, employee or agent of the defendant), to an accident or to some other cause beyond the defendant's control; and

        (b)     the defendant had taken all reasonable precautions and exercised due diligence to avoid the contravention.

(2) It is a defence to a prosecution for a breach of section 9, 10, 13 or 14, subsection 15 (1) or (2) or section 18 that the food in respect of which the prosecution is brought is to be exported to a place outside the Territory and—

        (a)     its processing, sale or packaging complies with the law of that place; or

        (b)     it will, before it is sold, be subjected to processing or further processing as a result of which it will cease to be substandard.

(3) It is a defence to a prosecution for a breach of section 10, paragraph 11 (b), section 13 or 14, subsection 15 (1) or (2) or section 18 that the food was not sold for human consumption.

(4) In this section—