Understanding The Offence of ‘Making False Statements Concerning Contamination’ in NSW

on August 18, 2025

Making false statements concerning contamination is a criminal offence in New South Wales (NSW) that addresses actions intended to create public fear or economic damage by falsely claiming goods have been tainted. This charge can arise from hoax threats or misleading claims about products, leading to penalties like imprisonment and a criminal record with long-term consequences for employment, travel, and reputation. Understanding this offence is crucial for anyone facing allegations, as it highlights the importance of legal representation to navigate the legal system effectively. At Nicopoulos Sabbagh Lawyers Criminal Defence & Traffic Lawyers, we specialise in criminal law and traffic law, providing expert legal representation to defend clients against contamination-related offences and similar charges. As leading Sydney criminal Defence lawyers and traffic law specialists, we are committed to protecting your rights and achieving the best possible outcome in NSW courts.

In this article, we explore everything you need to know about the offence of making false statements concerning contamination in NSW, including its legal definition, penalties, defences, and how a lawyer can help mitigate or dismiss charges. Please note that this page or any other pages on our website (including any other social media platforms for Nicopoulos Sabbagh Lawyers) are not to be considered as a substitute for legal advice or even other professional advice. It should also be noted that accessing of this information from this website does not create a client-lawyer relationship.

For legal advice, contact us at info@nslaw.net.au, 0427 101 499, or 02 9793 7016, or visit www.nslaw.net.au.

What Is the Offence of Making False Statements Concerning Contamination in NSW?

The offence of making false statements concerning contamination is defined under section 93M of the Crimes Act 1900 (NSW). This provision criminalises the act of knowingly or recklessly making a statement that is false or misleading about the contamination of goods, with the intent to cause public alarm or economic loss. The law is intended to prevent acts that induce panic, lead to product recalls, or cause financial harm to businesses and consumers. It is part of a broader framework addressing threats to public safety and economic stability.

To secure a conviction, the prosecution must prove beyond a reasonable doubt:

  1. Making a Statement: The defendant made a statement (verbal, written, or digital) about the contamination of goods (e.g., claiming food products are tainted with poison).
  2. False or Misleading: The statement was false or misleading in a material way.
  3. Intent to Cause Alarm or Loss: The defendant intended to cause public alarm (e.g., widespread fear) or economic loss (e.g., through recalls or boycotts).
  4. Unlawful: The statement was not authorised or justified by law (e.g., no legitimate whistleblowing or reporting).

The offence can be prosecuted in two forms:

  1. Basic Offence: Standard cases without aggravating circumstances.
  2. Aggravated Offence: When the statement causes actual alarm, economic loss, or is made in company.

Examples of Making False Statements Concerning Contamination

  • Hoax Product Claims: Posting on social media that a brand’s food is contaminated with a harmful substance, causing panic and recalls.
  • False Contamination Reports: Calling a company or authorities to claim goods are tainted, leading to economic loss through investigations.
  • Media or Online Threats: Spreading false rumours about contaminated water supplies or pharmaceuticals to create public fear.
  • Workplace Sabotage: Falsely claiming factory products are contaminated to harm a company’s reputation.
  • Terrorism-Related: Making false statements about contamination as part of a broader threat, potentially escalating to federal terrorism charges under the Criminal Code Act 1995 (Cth).

These acts can lead to widespread disruption, as seen in past hoax incidents that prompted emergency responses and media coverage.

Related Offences

This offence is often charged alongside or instead of related offences:

  • Contamination of Goods with Intent to Cause Public Alarm (section 93K, Crimes Act 1900): Actually contaminating goods, with up to 10 years imprisonment.
  • Threatening to Contaminate Goods (section 93L): Threatening contamination, with up to 10 years imprisonment.
  • Public Mischief (section 93Z): Making false reports to police, with up to 12 months imprisonment.
  • Bomb Hoaxes (section 93Q): Making false bomb threats, with up to 5 years imprisonment.
  • Terrorism Offences (section 101.1, Criminal Code Act 1995 (Cth)): If the act is linked to terrorism, with life imprisonment.

Penalties for Making False Statements Concerning Contamination in NSW

The penalties for this offence are substantial, reflecting the potential for public harm and economic disruption. Under section 93M of the Crimes Act 1900, the penalties are:

  • Maximum Penalty: Up to 10 years imprisonment.
  • Local Court: As a summary offence, the Local Court can impose up to 2 years imprisonment and/or a $5,500 fine (50 penalty units).
  • District Court: For indictable cases, the full 10-year penalty applies, often with a non-parole period for custodial sentences.
  • Non-Conviction Outcomes: In exceptional cases (e.g., first-time offenders with minimal alarm caused), courts may impose a section 10(1)(a) dismissal or Conditional Release Order (CRO) under the Crimes (Sentencing Procedure) Act 1999, avoiding a conviction.
  • Fines: Up to $5,500 in the Local Court or higher in the District Court, with potential civil fines for economic losses.

Additional Consequences

A conviction can lead to:

  • Criminal Record: Remains on your National Police Certificate for 10 years (or 3 years for juveniles) unless spent under the Criminal Records Act 1991.
  • Employment: A criminal record can hinder job prospects, particularly in roles requiring background checks (e.g., media, public relations, or government).
  • Travel: Countries like the USA and Canada may deny entry for offences involving public harm or threats.
  • Reputation: A conviction can damage personal and professional relationships, especially if the incident was media-reported.
  • Civil Liability: Victims or businesses may seek compensation for losses through civil proceedings.
  • Apprehended Violence Orders (AVOs): If the act targeted individuals, an Apprehended Personal Violence Order (APVO) may be imposed.

Sentencing Considerations

Under section 21A of the Crimes (Sentencing Procedure) Act 1999, courts consider:

  • Aggravating Factors: Causing actual alarm, economic loss, or targeting vulnerable groups (e.g., food products for children).
  • Mitigating Factors: First-time offender, genuine remorse, cooperation with authorities, or lack of actual harm.

How a Sydney Criminal Defence Lawyer Fights a False Statements Concerning Contamination Charge

A Sydney Criminal Defence Lawyer employs a range of strategies to defend against this charge, from challenging the prosecution’s evidence to negotiating outcomes. Below are the key approaches used by Nicopoulos Sabbagh Lawyers:

1. Analysing the Prosecution’s Evidence

The prosecution must prove the statement was false and intended to cause alarm. A lawyer will go through the following:

  • Statement Analysis: Determine if the statement was false or misleading (e.g., a joke taken out of context).
  • Witness Statements: Cross-examine accusers or bystanders to expose inconsistencies or bias.
  • Digital Evidence: Review social media posts, emails, or calls to confirm intent or lack thereof.
  • Police Reports: Identify procedural errors, such as failure to provide a caution (section 122, Law Enforcement (Powers and Responsibilities) Act 2002 (LEPRA)).

2. Challenging Intent to Cause Alarm

A lawyer can argue:

  • No intent to induce false belief (e.g., the statement was a private joke or exaggeration).
  • The statement did not cause actual alarm or loss, reducing the charge’s severity.
  • No public impact: The statement was not disseminated publicly.

3. Raising Legal Defences

If applicable to the case, several defences can be raised:

  • Lack of Intent: You did not intend to cause alarm (e.g., a misstatement without malice).
  • Mistake of Fact: You reasonably believed the statement was true or harmless.
  • Duress: You were coerced into making the statement under threat of harm.
  • Mental Health or Cognitive Impairment: If a mental health condition contributed, a lawyer may seek a diversion under section 14 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020.
  • Unlawful Police Conduct: Evidence obtained through an illegal search (section 21, LEPRA) can be excluded under section 138, Evidence Act 1995.

5. Securing Favourable Outcomes

A lawyer can advocate for outcomes any of the following outcomes:

  • Section 10(1)(a) Dismissal: No conviction, fine, or penalty.
  • Section 10(1)(b) Conditional Release Order (CRO): No conviction, with conditions like good behaviour for up to 2 years.
  • Community Correction Order (CCO): Community service or supervision instead of imprisonment.
  • Mental Health Diversion: Treatment under section 14 for offenders with mental health issues.

6. Presenting Mitigating Factors

If applicable, a lawyer can present mitigating factors to reduce penalties:

  • Character References: Letters from employers, family, or community members highlighting your good character.
  • Remorse: Evidence of apologies, cooperation with authorities, or restitution for losses.
  • Rehabilitation: Completion of counselling or ethics programs to demonstrate reform.
  • Hardship: Proof that a conviction would impact employment or family responsibilities.

7. Appealing a Conviction

If convicted, a lawyer can appeal to the District Court or Court of Criminal Appeal within 28 days under the Crimes (Appeal and Review) Act 2001 if:

  • The sentence is unduly harsh (e.g., excessive imprisonment).
  • New evidence supports your innocence (e.g., testimony showing no intent).
  • Procedural errors occurred during the trial.

A lawyer can also assist with a spent conviction under the Criminal Records Act 1991 after a crime-free period (10 years for adults, 3 years for juveniles).

The Court Process for a False Statements Concerning Contamination Charge

The court process typically involves:

  1. Investigation:
    1. Police or consumer protection agencies collect evidence, such as digital records, witness statements, or forensic analysis.
  2. Arrest or Court Attendance Notice (CAN):
    1. Police may arrest you under section 99 of LEPRA or issue a CAN for a Local Court appearance.
  3. Bail Application:
    1. A lawyer applies for bail under the Bail Act 2013, arguing you pose no risk.
  4. Court Mention:
    1. You enter a plea (guilty or not guilty) in the Local Court. If not guilty, a hearing is scheduled.
  5. Hearing or Sentencing:
    1. If pleading not guilty, a hearing examines evidence to determine guilt.
    1. If pleading guilty or found guilty, a sentencing hearing determines penalties.
  6. Possible Outcomes:
    1. Non-conviction orders (section 10 dismissal or CRO).
    1. Conviction with fines, imprisonment, or restitution orders.
    1. Mental health diversion under section 14.
  7. Appeals:
    1. Appeal to the District Court or Court of Criminal Appeal if the outcome is unfair.

Steps to Take When Facing a False Statements Concerning Contamination Charge

To protect your rights and improve your case outcome, follow these steps:

  1. Engage a Sydney Criminal Lawyer Immediately:
    1. Contact Nicopoulos Sabbagh Lawyers at info@nslaw.net.au or 0427 101 499 for a free consultation to assess your case and develop a defence strategy.
  2. Exercise Your Right to Silence:
    1. Avoid making statements to police without legal advice (section 89, Evidence Act 1995).
  3. Gather Evidence:
    1. Collect digital records, witness statements, or context evidence to support your defence.
    1. Provide character references or proof of rehabilitation.
  4. Prepare for Court:
    1. Work with your lawyer to present a robust defence or negotiate a plea deal.
  5. Show Remorse:
    1. Consider apologetic gestures or completing rehabilitation programs to demonstrate reform.
  6. Appeal if Necessary:
    1. If convicted, appeal to the District Court or apply for a spent conviction.

Why Choose Nicopoulos Sabbagh Lawyers?

At Nicopoulos Sabbagh Lawyers Criminal Defence & Traffic Lawyers, we are dedicated to delivering exceptional representation for false statements concerning contamination, criminal, and traffic law matters in Sydney, NSW. Our team offers:

  • Specialised Expertise: In-depth knowledge of the Crimes Act 1900, Crimes (Sentencing Procedure) Act 1999, and Mental Health and Cognitive Impairment Forensic Provisions Act 2020.
  • Proven Results: Securing section 10 dismissals, CROs, and charge reductions across Sydney courts, including Parramatta, Liverpool, and Campbelltown.
  • Court Navigation: Expertise in managing cases amidst disruptions, such as the Downing Centre Local Court closure until late 2025.
  • Ethical Representation: Adhering to the Legal Profession Uniform Law (NSW) and Solicitors’ Conduct Rules for transparent, reliable advice.
  • Accessible Support: Contact us at info@nslaw.net.au, 0427 101 499, or 02 9793 7016, or visit www.nslaw.net.au for a free consultation.

Don’t let a false statements concerning contamination charge derail your future. Our Sydney criminal lawyers and traffic law specialists will fight tirelessly to protect your rights and achieve the best possible outcome.

Conclusion

The offence of leaving or sending an article with intent to cause alarm is a serious criminal violation in NSW, carrying penalties of up to 5 years imprisonment and significant life consequences. A Sydney criminal defence lawyer can defend against this charge by challenging intent, evidence, or the article’s potential to cause alarm, raising defences like mistake of fact or mental health diversions, and securing reduced charges or sentences. At Nicopoulos Sabbagh Lawyers, we leverage our expertise to deliver tailored strategies, ensuring your record, career, and freedom are safeguarded. Whether facing a charge for a hoax threat or false claim, our team is here to guide you through the legal process.

Take control of your case today. Contact Nicopoulos Sabbagh Lawyers Criminal Defence & Traffic Lawyers at info@nslaw.net.au, 0427 101 499, or 02 9793 7016, or visit www.nslaw.net.au to schedule a free consultation. Let us help you fight your leaving or sending an article charge and achieve the best possible result in NSW courts.

Why Choose Nicopoulos Sabbagh Lawyers Criminal Lawyers & Traffic Lawyers YOUR Leading Sydney Criminal Defence & Traffic Lawyers to represent you in your Traffic Law Matter?

Nicopoulos Sabbagh Lawyers are the leading Law firm in Traffic Law matters as our office appears at ALL Courts in NSW on a regular basis in ALL Traffic Law matters.  No matter is too complex for Nicopoulos Sabbagh lawyers, your Traffic Sydney Lawyers, so be sure to book your first Free Consultation today!

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Our team of experienced solicitors are there for you and can help you answer all your questions, so be sure to contact your Sydney Lawyers, Nicopoulos Sabbagh Lawyers.

*This article correctly reflects the Laws of NSW as of 18th August 2025.

*Please note that this page or any other pages on our website (including any other social media platforms for Nicopoulos Sabbagh Lawyers) are not to be considered as a substitute for legal advice or even other professional advice. It should also be noted that accessing of this information from this website does not create a client-lawyer relationship

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