Food Act 2001

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Food Act 2001 A2001-66 Republication No 29 Effective: 23 June 2021 Republication date: 23 June 2021 Last amendment made by A2021-12 http://www.legislation.act.gov.au/a/2021-12/ Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au About this republication The republished law This is a republication of the Food Act 2001 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 23 June 2021. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 23 June 2021. The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au): • authorised republications to which the Legislation Act 2001 applies • unauthorised republications. The status of this republication appears on the bottom of each page. Editorial changes The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. This republication includes amendments made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register. Modifications If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95. Penalties At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133). http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/ http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/ http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 R29 23/06/21 Food Act 2001 Effective: 23/06/21 contents 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Food Act 2001 Contents Page Part 1 Preliminary 1 Name of Act 2 3 Objects of Act 2 4 Dictionary 2 5 Notes 2 5A Offences against Act—application of Criminal Code etc 3 6 Application of Act to primary food production 3 7 Application of Act to water suppliers 4 7A Application of Act to certain food businesses 5 Part 2 Key concepts 8 Meaning of food 7 9 Meaning of sell etc 8 10 Meaning of food business 9 11 Meaning of primary food production 10 Contents Page contents 2 Food Act 2001 Effective: 23/06/21 R29 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 12 Meaning of unsafe food 11 13 Meaning of unsuitable food 12 13A Meaning of food standards code 13 Part 3 Offences relating to food Division 3.1 Preliminary 14 Application of pt 3 to food sold etc outside ACT 14 15 False descriptions of food 14 Division 3.2 Serious offences relating to food 16 Knowingly handling food in unsafe way 15 17 Knowingly selling unsafe food 16 18 Knowingly describing food falsely 16 Division 3.3 Other offences relating to food 19 Negligently handling food in unsafe way 17 20 Negligently selling unsafe food 17 21 Negligently describing food falsely 17 22 Handling and sale of unsafe food 18 23 Handling and sale of unsuitable food 18 24 Misleading conduct relating to sale of food 19 25 Sale of food not complying with purchaser’s demand 19 26 Sale of unfit equipment or packaging or labelling material 20 27 Compliance with food standards code 21 Division 3.4 Defences 28 Defence relating to publication of advertisements 22 29 Defence relating to food for export 22 30 Defence of appropriate diligence 23 31 Defence in relation to handling food 25 32 Defence in relation to sale of unfit equipment or packaging or labelling material 25 Division 3.5 Other matters 34 Onus on defendant to prove certain statements about food 26 35 Alternative verdicts for handling food in unsafe way 26 36 Alternative verdicts for selling unsafe food 26 Contents Page R29 23/06/21 Food Act 2001 Effective: 23/06/21 contents 3 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 4 Emergency powers 37 Definitions for pt 4 28 38 Making of emergency orders 28 39 Nature of emergency orders 28 40 Special provisions relating to recall orders 29 41 How orders are made 30 42 Operation of emergency orders 31 43 Contravening emergency order 31 44 Compensation for emergency order 32 Part 5 Inspection and seizure powers Division 5.1 General 45 Definitions for pt 5 33 Division 5.2 Powers of authorised officers generally 46 Power to enter premises 34 47 Production of identity card 36 48 Consent to entry 36 49 Warrants 37 50 Warrants—application made other than in person 38 51 General powers of authorised officers 40 52 Power to seize things 42 53 Power to destroy decomposed food etc 44 54 Power to require name and address 45 Division 5.3 Return and forfeiture of things seized 55 Receipt for things seized 46 56 Access to things seized 46 57 Return of things seized 47 58 Application for order disallowing seizure 48 59 Order for return of seized thing 48 60 Adjournment pending hearing of other proceedings 49 61 Forfeiture of seized things 50 62 Return of forfeited things 50 63 Cost of disposal of things forfeited 51 Contents Page contents 4 Food Act 2001 Effective: 23/06/21 R29 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Division 5.4 Miscellaneous 70 Damage etc to be minimised 51 71 Compensation to be paid in certain circumstances 52 Part 6 Taking and analysis of food samples 72 Samples for routine monitoring of Act 53 73 Other samples—proprietor to be told sample to be analysed 53 74 Payment for samples 53 75 Samples from packaged food 54 76 Procedures for dividing food samples 54 77 Analysis to comply with food standards code 56 78 Certificates of analysis by authorised analysts 56 Part 7 Improvement notices and prohibition orders 79 Service of improvement notices 57 80 Contents of improvement notices 58 81 Compliance with improvement notices 59 82 Service of prohibition orders 60 83 Contents of prohibition orders 60 84 Scope of improvement notices and prohibition orders 61 84A Display of closure notices 62 84B Contents of closure notices 63 84C Proprietor to maintain closure notice 63 85 Request for reinspection 64 86 Clearance certificates 65 87 Contravention of improvement notices and prohibition orders 65 88 Compensation for prohibition order 66 Part 8 Registration of food businesses 89 Offence—food business not registered or exempt 67 90 Food businesses exempt from registration 67 91 Regulated events 67 92 Registration of food businesses 67 93 Renewal of registration 68 94 Issue or amendment of registration subject to conditions 69 Contents Page R29 23/06/21 Food Act 2001 Effective: 23/06/21 contents 5 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 95 Registered food businesses—procedure for imposition etc of conditions on chief health officer’s initiative 69 96 Certificate of registration 71 97 Change in details of registration or operation of food business 71 98 Replacement of certificates of registration 73 98A Registration certificate must be displayed 74 99 Food business to be conducted in accordance with registration conditions 74 100 Action that may be taken in relation to registration of food businesses 74 101 Procedure for taking action in relation to registration 75 102 Immediate suspension of registration 76 103 Return of certificate of registration 77 104 Surrender of registration 78 105 Food business register 78 106 Publication and inspection of food business register 78 Part 9 Display of nutritional information for food 107 Definitions—pt 9 79 108 Meaning of standard food item—pt 9 79 109 Meaning of standard food outlet 80 110 Certain standard food outlets to display nutritional information 81 111 Voluntary display of nutritional information to meet certain requirements 82 112 Commencement of regulation made for s 110 or s 111 83 113 Display or distribution of explanatory material etc about nutritional information 83 114 Exemptions from pt 9 83 Part 9A Food safety supervisors 116 Definitions—pt 9A 84 117 Registered food business to have food safety supervisor 85 118 Proprietor of registered food business may be food safety supervisor 86 119 Food safety training approval guidelines 86 120 Exemptions—pt 9A 87 Contents Page contents 6 Food Act 2001 Effective: 23/06/21 R29 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 10 Procedural and evidentiary provisions 126 Liability of employees and agents 88 127 Acts and omissions of representatives 88 128 Offences by corporations 89 129 Right of defendant to have third person before court 90 130 Alternative defendants 92 131 Renewal or amendment of registration not to affect prosecution 92 132 Presumptions 93 133 Certificate evidence etc 94 135 Admissibility of analysis of food sample taken by authorised officer 95 136 No defence to claim deterioration of sample 95 137 Power of court to order further analysis 96 138 Disclosure by witnesses 96 139 Court may order costs and expenses 97 140 Court may order forfeiture 97 141 Court may order corrective advertising 97 Part 11 Notification and review of decisions 141A Meaning of reviewable decision—pt 11 98 141B Reviewable decision notices 98 141C Applications for review 98 Part 12 Miscellaneous 142 Joint liability for amounts payable to the Territory 99 144 Protection from liability 99 145 Secrecy 99 146 Publication of details of food businesses related to offences 101 149 Codes of practice 103 150 Determination of fees 104 152 Regulation-making power 104 153 Temporary emergency regulations 105 Contents Page R29 23/06/21 Food Act 2001 Effective: 23/06/21 contents 7 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Schedule 1 Reviewable decisions 106 Dictionary 108 Endnotes 1 About the endnotes 114 2 Abbreviation key 114 3 Legislation history 115 4 Amendment history 119 5 Earlier republications 130 R29 23/06/21 Food Act 2001 Effective: 23/06/21 page 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Food Act 2001 An Act to regulate the sale of food for human consumption, and for other purposes Part 1 Preliminary Section 1 page 2 Food Act 2001 Effective: 23/06/21 R29 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 1 Preliminary 1 Name of Act This Act is the Food Act 2001. 3 Objects of Act The objects of this Act include the following: (a) to ensure food for sale is both safe and suitable for human consumption; (b) to prevent misleading conduct in relation to the sale of food; (c) to provide for the application in the ACT of the food standards code. 4 Dictionary The dictionary at the end of this Act is part of this Act. Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act. For example, the signpost definition ‘food—see section 8.’ means that the expression ‘food’ is defined in that section. Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)). 5 Notes A note included in this Act is explanatory and is not part of this Act. Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes. http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 Preliminary Part 1 Section 5A R29 23/06/21 Food Act 2001 Effective: 23/06/21 page 3 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 5A Offences against Act—application of Criminal Code etc Other legislation applies in relation to offences against this Act. Note 1 Criminal Code The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1). The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability). Note 2 Penalty units The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units. 6 Application of Act to primary food production (1) The following parts do not apply in relation to primary food production: (a) part 7 (Improvement notices and prohibition orders); (b) part 8 (Registration of food businesses). (2) The functions given to authorised officers under part 5 (Inspection and seizure powers) and part 6 (Taking and analysis of food samples) may only be exercised in relation to primary food production— (a) to allow the investigation and prosecution of offences against this Act; or (b) in relation to the making or enforcement of emergency orders under part 4 (Emergency powers). http://www.legislation.act.gov.au/a/2002-51 http://www.legislation.act.gov.au/a/2001-14 Part 1 Preliminary Section 7 page 4 Food Act 2001 Effective: 23/06/21 R29 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) In this section: offence includes an offence that there are reasonable grounds for believing has been, is being, or will be committed. Note 1 The definition of food business excludes primary food production (see s 10). Note 2 A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation, the food standards code and any approved code of practice (see Legislation Act, s 104). 7 Application of Act to water suppliers (1) The following provisions do not apply in relation to the supply of water for human consumption through a relevant reticulated water system: (a) section 16 (Knowingly handling food in unsafe way); (b) section 18 (Knowingly describing food falsely); (c) section 22 (1) (which is about handling food in a way that will, or is likely to, make it unsafe); (d) section 23 (1) (which is about handling food in a way that will, or is likely to, make it unsuitable); (e) section 24 (Misleading conduct relating to sale of food); (f) section 25 (Sale of food not complying with purchaser’s demand); (g) section 26 (Sale of unfit equipment or packaging or labelling material); (h) part 7 (Improvement notices and prohibition orders); (i) part 8 (Registration of food businesses). http://www.legislation.act.gov.au/a/2001-14 Preliminary Part 1 Section 7A R29 23/06/21 Food Act 2001 Effective: 23/06/21 page 5 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) Section 27 (Compliance with food standards code), to the extent to which it requires compliance with the requirements of the food safety standards, does not apply in relation to the supply of water for human consumption through a relevant reticulated water system. (3) In this section: relevant reticulated water system means— (a) a reticulated water system provided by a utility under the Utilities Act 2000 that is licensed under that Act for the distribution of water through a water network; or (b) a reticulated water system provided by an entity prescribed by regulation for this paragraph; or (c) a reticulated water system that provides water to a place prescribed by regulation for this paragraph. 7A Application of Act to certain food businesses (1) This Act does not apply to a food business conducted by a volunteer for a community organisation to raise funds for 1 or more of the following purposes: (a) a religious, educational, charitable or benevolent purpose; (b) promoting or encouraging literature, science or the arts; (c) looking after, or giving attention to, people who need care because of a physical or mental disability or condition; (d) sport, recreation or amusement; (e) conserving resources or protecting the natural environment from harm; (f) preserving historical or cultural heritage; (g) a political purpose; http://www.legislation.act.gov.au/a/2000-65 Part 1 Preliminary Section 7A page 6 Food Act 2001 Effective: 23/06/21 R29 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (h) protecting or promoting the common interests of the community generally or a particular section of the community. (2) However, this Act does apply to a food business mentioned in subsection (1) that is— (a) prescribed by regulation; or (b) conducted at a regulated event. Note A regulated event is declared by the Minister under s 91. (3) The Executive may make a regulation for subsection (2) (a) if the Executive considers it necessary for the protection of public health or otherwise appropriate. (4) In this section: community organisation— (a) means a not-for-profit entity; but (b) does not include— (i) a club that holds a licence under the Gaming Machine Act 2004; or (ii) an entity declared by the Minister not to be a community organisation. volunteer means a person who conducts a food business for which the person is— (a) not paid; or (b) paid in the circumstances prescribed by regulation. (5) A declaration under subsection (4), definition of community organisation, paragraph (b) (ii) is a disallowable instrument. Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act. http://www.legislation.act.gov.au/a/2004-34 http://www.legislation.act.gov.au/a/2004-34 http://www.legislation.act.gov.au/a/2001-14 Key concepts Part 2 Section 8 R29 23/06/21 Food Act 2001 Effective: 23/06/21 page 7 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 2 Key concepts 8 Meaning of food (1) For this Act, food includes— (a) any substance or thing of a kind used, or represented as being for use, for human consumption (whether it is live, raw, prepared or partly prepared); or (b) any substance or thing of a kind used, or represented as being for use, as an ingredient or additive in a substance or thing mentioned in paragraph (a); or (c) any substance used in preparing a substance or thing mentioned in paragraph (a) (other than a substance used in preparing a living thing) if it comes into direct contact with the substance or thing mentioned in that paragraph, including, for example, a processing aid; or (d) chewing gum or an ingredient or additive in chewing gum, or any substance used in preparing chewing gum; or (e) any substance or thing declared to be a food under a declaration in force under the Commonwealth Act, section 3B and prescribed by regulation for this paragraph; whether or not the substance, thing or chewing gum is in a condition fit for human consumption. (2) However, food does not include a therapeutic good within the meaning of the Therapeutic Goods Act 1989 (Cwlth). (3) To remove any doubt, food may include live animals and plants. http://www.comlaw.gov.au/Series/C2004A04193 http://www.comlaw.gov.au/Series/C2004A03952 Part 2 Key concepts Section 9 page 8 Food Act 2001 Effective: 23/06/21 R29 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 9 Meaning of sell etc (1) For this Act, sell includes— (a) barter, offer or attempt to sell; or (b) receive for sale; or (c) have in possession for sale; or (d) display for sale; or (e) cause or permit to be sold or offered for sale; or (f) send, forward or deliver for sale; or (g) dispose of by any method for valuable consideration; or (h) dispose of to an agent for sale on consignment; or (i) provide under a contract of service; or (j) supply food as a meal or part of a meal to an employee, in accordance with a term of an award governing the employee’s employment or a term of the employee’s contract of service, for consumption by the employee at the employee’s place of work; or (k) dispose of by way of raffle, lottery or other game of chance; or (l) offer as a prize or reward; or (m) give away for the purpose of advertisement or in furtherance of trade or business; or (n) supply food under a contract (whether or not the contract is made with the consumer of the food), together with accommodation, service or entertainment, in consideration of an inclusive charge for the food supplied and the accommodation, service or entertainment; or Key concepts Part 2 Section 10 R29 23/06/21 Food Act 2001 Effective: 23/06/21 page 9 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (o) supply food (whether or not for consideration) in the course of providing services to people in— (i) a correctional centre or lockup, or a detention place or therapeutic protection place under the Children and Young People Act 2008; or (ii) a hospice, hospital, nursing home or other health facility operated by or on behalf of the Territory; or (iii) any other institution (however described) prescribed by regulation for this paragraph; or (p) sell for the purpose of resale. (2) For this Act, food or equipment that is displayed for the purpose of being offered as a prize or reward, or given away for the purpose of advertisement or in the furtherance of trade or business, is taken to have been displayed for sale by the owner of the food or equipment. 10 Meaning of food business For this Act, food business is a business, enterprise or activity (other than a business, enterprise or activity that is primary food production) that involves— (a) the handling of food intended for sale; or (b) the sale of food; whether or not the business, enterprise or activity is of a commercial, charitable or community nature or whether it involves the handling or sale of food on a single occasion only. http://www.legislation.act.gov.au/a/2008-19 http://www.legislation.act.gov.au/a/2008-19 Part 2 Key concepts Section 11 page 10 Food Act 2001 Effective: 23/06/21 R29 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 11 Meaning of primary food production (1) For this Act, primary food production is the growing, raising, cultivation, picking, harvesting, collection or catching of food, and includes the following: (a) the transport or delivery of food on, from or between the premises where it was grown, raised, cultivated, picked, harvested, collected or caught; (b) the packing, treating (for example, washing) or storing of food on the premises where it was grown, raised, cultivated, picked, harvested, collected or caught; (c) the storage of food in a silo that is not connected with a food processing operation and the transport or delivery of food from, between or to such silos; (d) the sale of livestock at saleyards and the transport of livestock to and from saleyards; (e) any other food production activity that is regulated under an Act prescribed by regulation for this subsection. (2) However, primary food production does not include— (a) any process involving the substantial transformation of food (for example, manufacturing or canning), whether or not the process is carried out on the premises where the food was grown, cultivated, picked, harvested, collected or caught; or (b) the sale or service of food directly to the public; or Key concepts Part 2 Section 12 R29 23/06/21 Food Act 2001 Effective: 23/06/21 page 11 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (c) any other food production activity that is prescribed by regulation for this subsection. Example—activity that may be prescribed for par (c) a food production activity in relation to which significant and unmanaged food safety hazards have been identified 12 Meaning of unsafe food (1) For this Act, food is unsafe at a particular time if it would be likely to cause physical harm to a person who might later consume it, assuming— (a) it was, after that particular time and before being consumed by the person, properly subjected to all processes (if any) that are relevant to its reasonable intended use; and (b) nothing happened to it after that particular time and before being consumed by the person that would prevent its being used for its reasonable intended use; and (c) it was consumed by the person according to its reasonable intended use. (2) However, food is not unsafe for this Act only because its inherent nutritional or chemical properties cause, or its inherent nature causes, adverse reactions only in people with allergies or sensitivities that are not common to the majority of people. (3) In subsection (1): processes include processes involving storage and preparation. Part 2 Key concepts Section 13 page 12 Food Act 2001 Effective: 23/06/21 R29 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 13 Meaning of unsuitable food (1) For this Act, food is unsuitable if it is food that— (a) is damaged, deteriorated or perished to an extent that affects its reasonable intended use; or (b) contains any damaged, deteriorated or perished substance that affects its reasonable intended use; or (c) is the product of a diseased animal, or an animal that has died otherwise than by slaughter, and has not been declared under another territory law to be safe for human consumption; or (d) contains a biological or chemical agent, or other matter or substance, that is foreign to the nature of the food. (2) However, food is not unsuitable for this Act only because— (a) at any particular time before it is sold for human consumption it contains an agricultural or veterinary chemical; or (b) when it is sold for human consumption it contains an agricultural or veterinary chemical in an amount that does not contravene the food standards code; or (c) it contains a metal or nonmetal contaminant (within the meaning of the food standards code) in an amount that does not contravene the permitted level for the contaminant as provided by the food standards code; or (d) it contains any matter or substance that is permitted by the food standards code. (3) In this section: slaughter, of an animal, includes killing the animal in the process of capturing, taking or harvesting it for the purposes of preparing it for use as food. Key concepts Part 2 Section 13A R29 23/06/21 Food Act 2001 Effective: 23/06/21 page 13 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 13A Meaning of food standards code (1) In this Act: food standards code means the Australia New Zealand Food Standards Code as defined in the Commonwealth Act, section 4 (1), as in force from time to time. (2) The Legislation Act, section 47 (6) does not apply to the food standards code. Note The food standards code does not need to be notified under the Legislation Act because s 47 (6) does not apply (see Legislation Act, s 47 (7)). http://www.comlaw.gov.au/Series/C2004A04193 http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 Part 3 Offences relating to food Division 3.1 Preliminary Section 14 page 14 Food Act 2001 Effective: 23/06/21 R29 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 3 Offences relating to food Division 3.1 Preliminary 14 Application of pt 3 to food sold etc outside ACT For this part, it does not matter that the food concerned was sold or intended for sale outside the ACT. Note For a defence in relation to food intended for export to another country, see s 29. 15 False descriptions of food (1) For this part, food that is falsely described includes food to which 1 or more of the following paragraphs applies: (a) the food is represented as being of a particular nature or substance for which there is a prescribed standard under the food standards code and the food does not comply with that prescribed standard; (b) the food is represented as being of a particular nature or substance and it contains, or is mixed or diluted with, any substance in a quantity or proportion that significantly diminishes its food value or nutritive properties as compared with food of the represented nature or substance; (c) the food is represented as being of a particular nature or substance and it contains, or is mixed or diluted with, any substance of lower commercial value than food of the represented nature or substance; (d) the food is represented as being of a particular nature or substance and a constituent of the food has been completely or partly removed so that its properties are diminished as compared with food of the represented nature or substance; Offences relating to food Part 3 Serious offences relating to food Division 3.2 Section 16 R29 23/06/21 Food Act 2001 Effective: 23/06/21 page 15 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (e) any word, statement, device or design used in the packaging or labelling of the food, or in an advertisement for the food, would create a false impression about the nature or substance of the food, or the commercial value of the food, in the mind of a reasonable person; (f) the food is not of the nature or substance represented by the way in which it is packaged, labelled or offered for sale. (2) Without limiting the application of subsection (1) to section 18 (2) (Knowingly describing food falsely) or section 21 (2) (Negligently describing food falsely), food is falsely described for those subsections if it is supplied in response to a purchaser’s demand or other request for a particular type of food, or a food that does not contain a particular ingredient, and the food is not of that type or contains that ingredient. Division 3.2 Serious offences relating to food Note 1 For defences to the offences in this division, see div 3.4. Note 2 For other provisions about the offences in this division, see div 3.5 and pt 10. 16 Knowingly handling food in unsafe way A person commits an offence if— (a) the person handles food intended for sale in a way that will, or is likely to, make the food unsafe; and (b) the person knows that handling the food in that way will, or is likely to, make the food unsafe. Maximum penalty: 1 000 penalty units, imprisonment for 2 years or both. Part 3 Offences relating to food Division 3.2 Serious offences relating to food Section 17 page 16 Food Act 2001 Effective: 23/06/21 R29 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 17 Knowingly selling unsafe food A person commits an offence if— (a) the person sells food; and (b) the person knows the food is unsafe. Maximum penalty: 1 000 penalty units, imprisonment for 2 years or both. 18 Knowingly describing food falsely (1) A person commits an offence if— (a) the person falsely describes food intended for sale; and (b) the person knows that a consumer of the food who relies on the description will, or is likely to, suffer physical harm. Maximum penalty: 1 000 penalty units, imprisonment for 2 years or both. Note For examples of food that is falsely described, see s 15. (2) A person commits an offence if— (a) the person sells food; and (b) the person knows that— (i) the food is falsely described; and (ii) a consumer of the food who relies on the description will, or is likely to, suffer physical harm. Maximum penalty: 1 000 penalty units, imprisonment for 2 years or both. Offences relating to food Part 3 Other offences relating to food Division 3.3 Section 19 R29 23/06/21 Food Act 2001 Effective: 23/06/21 page 17 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Division 3.3 Other offences relating to food Note 1 For defences to the offences in this division, see div 3.4. Note 2 For other provisions about the offences in this division, see div 3.5 and pt 10. 19 Negligently handling food in unsafe way A person commits an offence if— (a) the person handles food intended for sale in a way that is likely to make the food unsafe; and (b) the person is negligent about whether handling the food in that way is likely to make the food unsafe. Maximum penalty: 750 penalty units. 20 Negligently selling unsafe food A person commits an offence if— (a) the person sells food that is unsafe; and (b) the person is negligent about whether the food is unsafe. Maximum penalty: 750 penalty units. 21 Negligently describing food falsely (1) A person commits an offence if— (a) the person falsely describes food intended for sale; and (b) the person is negligent about whether a consumer of the food who relies on the description, will or is likely to, suffer physical harm. Maximum penalty: 750 penalty units. Note For examples of food that is falsely described, see s 15. Part 3 Offences relating to food Division 3.3 Other offences relating to food Section 22 page 18 Food Act 2001 Effective: 23/06/21 R29 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) A person commits an offence if— (a) the person sells food; and (b) the person is negligent about whether— (i) the food is falsely described; and (ii) a consumer of the food who relies on the description will, or is likely to, suffer physical harm. Maximum penalty: 750 penalty units. 22 Handling and sale of unsafe food (1) A person commits an offence if the person handles food intended for sale in a way that will, or is likely to, make the food unsafe. Maximum penalty: 500 penalty units. (2) A person commits an offence if the person sells food that is unsafe. Maximum penalty: 500 penalty units. (3) An offence against this section is a strict liability offence. 23 Handling and sale of unsuitable food (1) A person commits an offence if the person handles food intended for sale in a way that will, or is likely to, make the food unsuitable. Maximum penalty: 400 penalty units. (2) A person commits an offence if the person sells food that is unsuitable. Maximum penalty: 400 penalty units. (3) For this section, it is immaterial whether the food is safe. (4) An offence against this section is a strict liability offence. Offences relating to food Part 3 Other offences relating to food Division 3.3 Section 24 R29 23/06/21 Food Act 2001 Effective: 23/06/21 page 19 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 24 Misleading conduct relating to sale of food (1) A person commits an offence if the person, when conducting a food business, engages in conduct that is misleading or deceptive or is likely to mislead or deceive in relation to— (a) the advertising, packaging or labelling of food intended for sale; or (b) the sale of food. Maximum penalty: 500 penalty units. (2) A person commits an offence if the person, to sell food or promote the sale of food when conducting a food business, advertises, packages or labels food in a way that falsely describes the food. Maximum penalty: 500 penalty units. Note For examples of food that is falsely described, see s 15. (3) A person commits an offence if the person, when conducting a food business, sells food that is packaged or labelled in a way that falsely describes the food. Maximum penalty: 500 penalty units. (4) An offence against this section is a strict liability offence. 25 Sale of food not complying with purchaser’s demand (1) A person commits an offence if the person, when conducting a food business— (a) sells food to a purchaser; and (b) the food is not of the nature or substance demanded by the purchaser. Maximum penalty: 500 penalty units. (2) For this section, it is immaterial whether the food is safe. Part 3 Offences relating to food Division 3.3 Other offences relating to food Section 26 page 20 Food Act 2001 Effective: 23/06/21 R29 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) An offence against this section is a strict liability offence. 26 Sale of unfit equipment or packaging or labelling material (1) A person commits an offence if— (a) the person sells equipment (the equipment sold); and (b) the person knows the equipment sold is, or is likely, to be used for the handling of food; and (c) the equipment sold, if used for a purpose for which it was designed or intended to be used would, or would be likely to— (i) make food unsafe; or (ii) put other equipment in a condition that, if the other equipment were used for a purpose for which it was designed or intended to be used, would, or would be likely to, make food unsafe. Maximum penalty: 500 penalty units. (2) Strict liability applies to subsection (1) (a) and (c). (3) Subsection (1) does not apply if the equipment sold was not designed for use in relation to the handling of food. Note The defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code, s 58). (4) A person commits an offence if— (a) the person sells packaging or labelling material; and (b) the person knows the material is, or is likely, to be used for the handling of food; and (c) the material, if used for a purpose for which it was designed or intended to be used, would, or would be likely to, make food unsafe. Maximum penalty: 500 penalty units. http://www.legislation.act.gov.au/a/2002-51 Offences relating to food Part 3 Other offences relating to food Division 3.3 Section 27 R29 23/06/21 Food Act 2001 Effective: 23/06/21 page 21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (5) Strict liability applies to subsection (4) (a) and (c). (6) Subsection (4) does not apply if the packaging or labelling material was not designed for use in relation to the handling of food. Note The defendant has an evidential burden in relation to the matters mentioned in s (6) (see Criminal Code, s 58). 27 Compliance with food standards code (1) A person commits an offence if the person contravenes a requirement of the food standards code in relation to— (a) the conduct of a food business; or (b) food intended for sale; or (c) food for sale. Maximum penalty: 500 penalty units. (2) A person commits an offence if— (a) the person sells food; and (b) the food does not comply with a requirement of the food standards code for the food. Maximum penalty: 500 penalty units. (3) A person commits an offence if— (a) the person sells or advertises food; and (b) the food is packaged or labelled in a way that contravenes the food standards code. Maximum penalty: 500 penalty units. (4) A person commits an offence if the person sells food, or advertises food for sale, in a way that contravenes the food standards code. Maximum penalty: 500 penalty units. (5) An offence against this section is a strict liability offence. http://www.legislation.act.gov.au/a/2002-51 Part 3 Offences relating to food Division 3.4 Defences Section 28 page 22 Food Act 2001 Effective: 23/06/21 R29 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Division 3.4 Defences 28 Defence relating to publication of advertisements (1) This section applies to a prosecution for an offence, relating to the publication of an advertisement, against— (a) section 18 (Knowingly describing food falsely); or (b) section 21 (Negligently describing food falsely); or (c) section 24 (Misleading conduct relating to sale of food); or (d) section 27 (3) or (4) (Compliance with food standards code). (2) It is not an offence if the defendant— (a) conducted a business concerned mainly with the publication of advertisements; and (b) published or arranged for the publication of the advertisement in the ordinary course of the business. Note The defendant has an evidential burden in relation to the matters mentioned in s (2) (see Criminal Code, s 58). (3) However, subsection (2) does not apply if the defendant— (a) should reasonably have known that the publication of the advertisement was an offence; or (b) had previously been told in writing by an authorised officer that publication of such an advertisement would be an offence; or (c) is the proprietor of a food business or is otherwise engaged in the conduct of a food business for which the advertisement was published. 29 Defence relating to food for export (1) This section applies to a prosecution for an offence against this part if the offence involves contravention of a provision about food in the food standards code. http://www.legislation.act.gov.au/a/2002-51 Offences relating to food Part 3 Defences Division 3.4 Section 30 R29 23/06/21 Food Act 2001 Effective: 23/06/21 page 23 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) It is not an offence if— (a) the food is to be exported to another country; and (b) the food complies with the laws (the foreign laws) in force at the time of the offence in the place to which the food is to be exported; and (c) the foreign laws deal with the same subject matter as the provision of the food standards code. Note The defendant has an evidential burden in relation to the matters mentioned in s (2) (see Criminal Code, s 58). (3) However, subsection (2) does not apply to food originally intended for export but sold in the ACT. 30 Defence of appropriate diligence (1) In a proceeding for an offence against this part, it is a defence if the defendant proves that the defendant took all reasonable precautions and exercised all appropriate diligence to prevent the commission of the offence by the defendant or by another person under the defendant’s control. (2) Without limiting how the defendant may satisfy subsection (1), the defendant satisfies the subsection if the defendant proves— (a) that the commission of the offence was caused by— (i) an act or omission of another person; or (ii) reliance on information supplied by another person; and (b) that— (i) the defendant carried out all checks of the food concerned as were reasonable in all the circumstances; or (ii) it was reasonable in all the circumstances to rely on checks carried out by the person who supplied the food concerned to the defendant; and http://www.legislation.act.gov.au/a/2002-51 Part 3 Offences relating to food Division 3.4 Defences Section 30 page 24 Food Act 2001 Effective: 23/06/21 R29 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (c) that the defendant did not import the food into the ACT from another country; and (d) for an offence involving the sale of food— (i) that the defendant sold the food in the same condition as the defendant purchased it; or (ii) that the defendant sold the food in a different condition to that in which the defendant purchased it, but that the difference did not result in a contravention of this Act; and (e) that the defendant did not know and had no reason to suspect at the time of commission of the offence that the defendant’s act or omission was an offence against this part. Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation, the food standards code and any approved code of practice (see Legislation Act, s 104). (3) In subsection (2) (a): another person does not include a person who was— (a) an employee or agent of the defendant; or (b) if the defendant is a corporation—an executive officer, employee or agent of the defendant. (4) Without limiting how the defendant may satisfy subsection (1) or (2) (b) (i), the defendant satisfies the provision if the defendant proves— (a) for an offence relating to a food business for which a food safety program is required to be prepared under a regulation—that the defendant complied with a food safety program for the food business that complies with the requirements of the regulations; or http://www.legislation.act.gov.au/a/2001-14 Offences relating to food Part 3 Defences Division 3.4 Section 31 R29 23/06/21 Food Act 2001 Effective: 23/06/21 page 25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) in any other case—that the defendant complied with a scheme (for example, a quality assurance program or an industry code of practice) that was— (i) designed to manage food safety hazards and based on Australian national or international standards, codes or guidelines designed for that purpose; and (ii) documented in some way. 31 Defence in relation to handling food (1) This section applies to a prosecution for an offence against— (a) section 16 (Knowingly handling food in unsafe way); or (b) section 19 (Negligently handling food in unsafe way); or (c) section 22 (1) (which is about handling food in a way that will, or is likely to, make it unsafe); or (d) section 23 (1) (which is about handling food in a way that will, or is likely to, make it unsuitable). (2) It is not an offence if the defendant caused the food to which the offence relates to be destroyed or disposed of immediately after the food was handled in the way that made it, or was likely to make it, unsafe or unsuitable. Note The defendant has an evidential burden in relation to the matters mentioned in s (2) (see Criminal Code, s 58). 32 Defence in relation to sale of unfit equipment or packaging or labelling material In a proceeding for an offence against section 26 (1) or (2) (Sale of unfit equipment or packaging or labelling material), it is a defence if the defendant proves that the defendant reasonably believed that the equipment or material concerned was not intended for use in relation to the handling of food. http://www.legislation.act.gov.au/a/2002-51 Part 3 Offences relating to food Division 3.5 Other matters Section 34 page 26 Food Act 2001 Effective: 23/06/21 R29 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Division 3.5 Other matters 34 Onus on defendant to prove certain statements about food (1) This section applies to a proceeding for an offence against this part in which it is alleged that a statement on a package of food, or in an advertisement about food, that relates to the origin or composition of the food, or its therapeutic or nutritive properties, caused the food to be falsely described. (2) If the defendant was responsible for making the statement, the onus of proving the correctness of the statement is on the defendant. 35 Alternative verdicts for handling food in unsafe way (1) This section applies to a defendant charged with an offence against section 16 (Knowingly handling food in unsafe way). (2) If the trier of fact is not satisfied that the defendant committed the offence but is satisfied that the defendant committed a lesser food handling offence, the trier of fact may find the defendant not guilty of the offence charged but guilty of the lesser food handling offence. (3) In this section: lesser food handling offence means an offence against— (a) section 19 (Negligently handling food in unsafe way); or (b) section 22 (1) (which is about handling food in a way that renders it unsafe etc). 36 Alternative verdicts for selling unsafe food (1) This section applies to a defendant charged with an offence against section 17 (Knowingly selling unsafe food). Offences relating to food Part 3 Other matters Division 3.5 Section 36 R29 23/06/21 Food Act 2001 Effective: 23/06/21 page 27 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) If the trier of fact is not satisfied that the defendant committed the offence but is satisfied that the defendant committed a lesser food selling offence, the trier of fact may find the defendant not guilty of the offence charged but guilty of the lesser food selling offence. (3) In this section: lesser food selling offence means an offence against— (a) section 20 (Negligently selling unsafe food); or (b) section 22 (2) (which is about the sale of unsafe food etc). Part 4 Emergency powers Section 37 page 28 Food Act 2001 Effective: 23/06/21 R29 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 4 Emergency powers 37 Definitions for pt 4 In this part: dispose, of food, includes impound, isolate or destroy the food. recall order means an emergency order requiring the recall or disposal, or both, of any food. 38 Making of emergency orders The Minister may, in writing, make an order (an emergency order) if the Minister believes, on reasonable grounds, that the making of the order is necessary to— (a) prevent or reduce the possibility of a serious danger to public health; or (b) mitigate the adverse consequences of a serious danger to public health. 39 Nature of emergency orders An emergency order may do 1 or more of the following: (a) require the publication of warnings, in a form approved by the Minister, that a food is unsafe; (b) prohibit the growing, raising, cultivation, picking, harvesting, collection or catching, from an area, of a food or other primary produce intended to be used for human consumption; (c) prohibit a food from being advertised or sold; (d) direct that a food consigned or distributed for sale or sold be recalled and state how, and the period within which, the recall is to be conducted; Emergency powers Part 4 Section 40 R29 23/06/21 Food Act 2001 Effective: 23/06/21 page 29 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (e) direct that a food or other primary produce intended to be used for human consumption be disposed of and state how the disposal is to be done; (f) prohibit absolutely the carrying on of an activity in relation to a food, or permit the carrying on of the activity in accordance with conditions stated in the order; (g) without limiting paragraph (f), impose conditions relating to the taking and analysis of samples of the food or of water, soil or anything else that is part of the environment in which the activity is carried on in relation to the food; (h) state methods of analysis (not inconsistent with any methods prescribed by the food standards code) of any samples required to be taken in accordance with the order. Note 1 An order may be made in relation to a particular type of food (see Legislation Act, s 48). Note 2 The power to make an instrument includes the power to amend or repeal the instrument (see Legislation Act, s 46). 40 Special provisions relating to recall orders (1) A recall order may require a person bound by the order to disclose to the public (or a stated part of the public), in a stated way, 1 or more of the following: (a) the food to be recalled or disposed of; (b) the reasons why the food is considered to be unsafe; (c) the circumstances in which consumption of the food is unsafe; (d) procedures for disposing of the food. (2) A person who is required by a recall order to conduct a recall of food must give written notice to the chief health officer of the completion of the recall as soon as practicable after its completion. http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 Part 4 Emergency powers Section 41 page 30 Food Act 2001 Effective: 23/06/21 R29 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) A person bound by a recall order is liable for any cost incurred by or on behalf of the Territory in relation to the recall order and the cost is taken to be a debt owing to the Territory. (4) In a proceeding for the recovery of the debt, a certificate signed by the chief health officer stating the amount of the costs, and how they were incurred, is evidence of the matters stated in the certificate. 41 How orders are made (1) An emergency order may be addressed to— (a) the person or people intended to be bound by it; or (b) several people, a class of people, or all people. (2) A copy of an emergency order mentioned in subsection (1) (a) must be served on the person or people intended to be bound by it. Note For how documents may be served, see the Legislation Act, pt 19.5. (3) As soon as practicable after an emergency order mentioned in subsection (1) (b) is made, the Minister must give public notice of the order in a way that, in the Minister’s opinion, will be most likely to bring the order to the attention of the people to be bound by it. Note Public notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act, dict, pt 1). (4) The public notice must set out— (a) the terms of the emergency order; and (b) the people to be bound by it. (5) An emergency order, when it takes effect, is binding on the person or people to whom it is addressed. (6) An emergency order that is served on a person takes effect when it is served on the person. http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 Emergency powers Part 4 Section 42 R29 23/06/21 Food Act 2001 Effective: 23/06/21 page 31 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (7) An emergency order that is notified under subsection (3) takes effect at the beginning of the 1st day when the order is notified under that subsection. (8) An order expires at the end of 90 days after the day when it takes effect unless it is sooner revoked. (9) Subsection (8) does not prevent a further order being made in the same terms as an order that has expired. 42 Operation of emergency orders (1) A person bound by an emergency order may apply to the Supreme Court for an order staying or otherwise affecting the operation of the order. (2) The Supreme Court may make an order staying or otherwise affecting the operation of an emergency order only if satisfied that the making of the order will not— (a) create or increase the possibility of a serious danger to public health; or (b) aggravate the adverse consequences of a serious danger to public health. (3) In deciding whether to make an order under this section, the Supreme Court must have regard to section 44 (Compensation for emergency order). 43 Contravening emergency order (1) A person commits an offence if the person engages in conduct that contravenes a prohibition, direction, condition or requirement of an emergency order applying to the person. Maximum penalty: 500 penalty units. Part 4 Emergency powers Section 44 page 32 Food Act 2001 Effective: 23/06/21 R29 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) In this section: emergency order includes an emergency order as affected by an order of the Supreme Court under section 42 (Operation of emergency orders). 44 Compensation for emergency order (1) This section applies if— (a) a person was bound by an emergency order; and (b) the person suffers loss or damage because of the making of the order; and (c) the person considers that there were insufficient grounds for the making of the order. (2) The person may apply in writing, with reasons for the application, to the Minister for compensation. (3) If there were insufficient grounds for the making of the order, the Territory must pay reasonable compensation to the person. (4) However, compensation is not payable to the person— (a) in relation to any loss or damage suffered by the person because of an act or omission of the person; or (b) if the person caused or contributed to the danger to public health because of which the emergency order was made. (5) The Minister must— (a) decide whether to pay any compensation to the person and, if so, the amount of the compensation; and (b) give the person written notice of the Minister’s decision. (6) If the Minister has not decided the application within 28 days after the day the Minister received the application, the Minister is taken to have refused to pay any compensation. Inspection and seizure powers Part 5 General Division 5.1 Section 45 R29 23/06/21 Food Act 2001 Effective: 23/06/21 page 33 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 5 Inspection and seizure powers Division 5.1 General 45 Definitions for pt 5 In this part: connected—a thing is connected with an offence if— (a) the offence has been committed in relation to it; or (b) it will provide evidence of the commission of the offence; or (c) it was used, is being used, or is intended to be used, to commit the offence. occupier, of premises, includes— (a) a person believed, on reasonable grounds, to be an occupier of the premises; and (b) a person apparently in charge of the premises. Note The dictionary defines premises as including land and a vehicle. offence includes an offence that there are reasonable grounds for believing has been, is being, or will be committed. place of seizure—see section 52 (6) (a) (Power to seize things). Part 5 Inspection and seizure powers Division 5.2 Powers of authorised officers generally Section 46 page 34 Food Act 2001 Effective: 23/06/21 R29 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Division 5.2 Powers of authorised officers generally 46 Power to enter premises (1) For this Act, an authorised officer may— (a) at any reasonable time, enter premises that the authorised officer believes, on reasonable grounds, are— (i) premises used in relation to the handling of food intended for sale or the sale of food; or (ii) premises where there are documents relating to the handling of food intended for sale, the sale of food or equipment; or (b) at any reasonable time, enter premises that the public is entitled to use or that are open to the public (whether or not on payment of money); or (c) at any time, enter premises with the occupier’s consent; or (d) enter premises in accordance with a warrant under this part; or (e) at any time, enter premises if the authorised officer believes, on reasonable grounds, that the circumstances are of such seriousness and urgency as to require immediate entry to the premises without the authority of a warrant. Note 1 The dictionary defines premises as including land and a vehicle. Note 2 Fees may be determined under s 150 for an inspection of premises under this section. (2) However, subsection (1) (a) does not authorise entry into any part of premises that is being used solely for residential purposes except if that part of the premises is being used for— (a) the preparation or service of meals provided with paid accommodation; or Inspection and seizure powers Part 5 Powers of authorised officers generally Division 5.2 Section 46 R29 23/06/21 Food Act 2001 Effective: 23/06/21 page 35 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) the preparation of food intended for sale or the sale of food. Example—par (b) a food catering service conducted from a house (3) For subsection (1), an authorised officer may stop and detain a vehicle that the officer believes, on reasonable grounds, is— (a) a food transport vehicle; or (b) a vehicle where there are documents relating to the handling of food intended for sale, the sale of food or equipment. (4) For subsection (3), the authorised officer— (a) may exercise the authorised officer’s powers in relation to the vehicle in a place to which the public has access to; and (b) must not detain the vehicle for longer than is reasonably necessary to exercise the authorised officer’s powers under this part. (5) An authorised officer may, without the occupier’s consent, enter the land around premises to ask for consent to enter the premises. (6) To remove any doubt, an authorised officer may enter premises under subsection (1) without payment of any entry fee or other charge. (7) For subsection (1) (e), the authorised officer may enter the premises with any necessary assistance and force. (8) In this section: at any reasonable time means at any time— (a) for subsection (1) (a) (i)—during normal business hours or any other time when the premises are being used in relation to the handling of food intended for sale or the sale of food; or (b) for subsection (1) (a) (ii)—during normal business hours; or Part 5 Inspection and seizure powers Division 5.2 Powers of authorised officers generally Section 47 page 36 Food Act 2001 Effective: 23/06/21 R29 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (c) for subsection (1) (b)—at any time that the public is entitled to use the premises, or that the premises are open to or used by the public, (whether or not on payment of money). 47 Production of identity card An authorised officer must not remain on premises entered under this part if the authorised officer does not produce his or her identity card for inspection when asked by the occupier. 48 Consent to entry (1) When seeking the consent of an occupier for entering premises under section 46 (1) (c) (Power to enter premises), an authorised officer must— (a) produce his or her identity card; and (b) tell the occupier— (i) the purpose of the entry; and (ii) that anything found and seized under this part may be used in evidence in court; and (iii) that consent may be refused. (2) If the occupier consents, the authorised officer must ask the occupier to sign a written acknowledgment (an acknowledgment of consent)— (a) that the occupier was told— (i) the purpose of the entry; and (ii) that anything found and seized under this part may be used in evidence in court; and (iii) that consent may be refused; and (b) that the occupier consented to the entry; and Inspection and seizure powers Part 5 Powers of authorised officers generally Division 5.2 Section 49 R29 23/06/21 Food Act 2001 Effective: 23/06/21 page 37 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (c) stating the time, and date, when consent was given. (3) If the occupier signs an acknowledgment of consent, the authorised officer must immediately give a copy to the occupier. (4) A court must find that an occupier of premises did not consent to an entry to the premises by an authorised officer under this part if— (a) the question whether the occupier consented to the entry arises in a proceeding in the court; and (b) an acknowledgment of consent for the entry is not produced in evidence for the entry; and (c) it is not proved that the occupier consented to the entry. 49 Warrants (1) An authorised officer may apply to a magistrate for a warrant to enter premises. (2) The application must be sworn and state the grounds on which the warrant is sought. (3) The magistrate may refuse to consider the application until the authorised officer gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. (4) The magistrate may issue a warrant only if satisfied there are reasonable grounds for suspecting— (a) there is a particular thing or activity connected with an offence against this Act; and (b) the thing or activity is at the premises, or may be at the premises within the next 14 days. Part 5 Inspection and seizure powers Division 5.2 Powers of authorised officers generally Section 50 page 38 Food Act 2001 Effective: 23/06/21 R29 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (5) The warrant must state— (a) that an authorised officer may, with any necessary assistance and force, enter the premises and exercise the authorised officer’s powers under this part; and (b) the offence for which the warrant is issued; and (c) the things that may be seized under the warrant; and (d) the hours when the premises may be entered; and (e) the date, within 14 days after the warrant’s issue, the warrant ends. 50 Warrants—application made other than in person (1) An authorised officer may apply for a warrant by phone, fax, radio or other form of communication if the authorised officer considers it necessary because of— (a) urgent circumstances; or (b) other special circumstances. (2) Before applying for the warrant, the authorised officer must prepare an application stating the grounds on which the warrant is sought. (3) The authorised officer may apply for the warrant before the application is sworn. (4) After issuing the warrant, the magistrate must immediately provide a written copy to the authorised officer if it is practicable to do so. (5) If it is not practicable to provide a written copy to the authorised officer— (a) the magistrate must— (i) tell the authorised officer what the terms of the warrant are; and Inspection and seizure powers Part 5 Powers of authorised officers generally Division 5.2 Section 50 R29 23/06/21 Food Act 2001 Effective: 23/06/21 page 39 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (ii) tell the authorised officer the date and time the warrant was issued; and (b) the authorised officer must complete a form of warrant (the warrant form) and write on it— (i) the magistrate’s name; and (ii) the date and time the magistrate issued the warrant; and (iii) the warrant’s terms. (6) The written copy of the warrant, or the warrant form properly completed by the authorised officer, authorises the entry and the exercise of the authorised officer’s powers under this part. (7) The authorised officer must, at the first reasonable opportunity, send to the magistrate— (a) the sworn application; and (b) if the authorised officer completed a warrant form—the completed warrant form. (8) On receiving the documents, the magistrate must attach them to the warrant. (9) A court must find that a power exercised by an authorised officer was not authorised by a warrant under this section if— (a) the question arises in a proceeding before the court whether the exercise of power was authorised by a warrant; and (b) the warrant is not produced in evidence; and (c) it is not proved that the exercise of power was authorised by a warrant under this section. Part 5 Inspection and seizure powers Division 5.2 Powers of authorised officers generally Section 51 page 40 Food Act 2001 Effective: 23/06/21 R29 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 51 General powers of authorised officers (1) An authorised officer who enters premises (including a vehicle) under this part may, for this Act, do 1 or more of the following in relation to the premises or anything on the premises: (a) examine any food sold or intended for sale or any equipment; (b) examine and copy, or take extracts from, any documents relating to food intended for sale, the sale of food or equipment; (c) examine and copy, or take extracts from, any packaging, labelling or advertising material; (d) examine any system of work in or on the premises; (e) examine anything else in or on the premises; (f) open (or require to be opened) any container or package that the authorised officer believes, on reasonable grounds— (i) contains any food sold or intended for sale or any equipment; or (ii) is used in relation to the transport of food; (g) open or operate (or require to be opened or operated) any equipment; (h) subject to part 6 (Taking and analysis of food samples), take for analysis samples of any food sold or intended for sale; (i) take for analysis samples of water, soil or anything else that is part of the environment in which food is handled to find out whether that environment poses a risk to the safety of the food for human consumption; (j) take for analysis samples of or from anything else in or on the premises; (k) conduct any other examination to find out whether this Act (including the food standards code) is being complied with; Inspection and seizure powers Part 5 Powers of authorised officers generally Division 5.2 Section 51 R29 23/06/21 Food Act 2001 Effective: 23/06/21 page 41 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (l) take measurements, conduct tests and make sketches, drawings or any other kind of record (including photographs, films, or audio, video or other recordings); (m) under section 52 (Power to seize things), seize a thing in or on the premises; (n) require the occupier, or a person on the premises, to provide information, answer questions, or produce documents or anything else, reasonably needed for the authorised officer’s functions under this Act; (o) require the occupier, or a person on the premises, to give the authorised officer reasonable assistance to exercise a power under this part. Note 1 The dictionary defines examine as including inspect, weigh, count, test or measure. Note 2 A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation, the food standards code and any approved code of practice (see Legislation Act, s 104). (2) A person commits an offence if the person fails to take reasonable steps to comply with a requirement made of the person under subsection (1) (n) or (o). Maximum penalty: 50 penalty units. Note The Legislation Act, s 170 and s171 deal with the application of the privilege against self-incrimination and client legal privilege. (3) An offence against this section is a strict liability offence. (4) An authorised officer may exercise any of the powers mentioned in subsection (1) (a) to (o) in relation to food in a public place that the officer suspects, on reasonable grounds, is food sold or intended for sale (whether or not the food was sold or intended for sale in the public place). http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 Part 5 Inspection and seizure powers Division 5.2 Powers of authorised officers generally Section 52 page 42 Food Act 2001 Effective: 23/06/21 R29 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (5) This Act applies in relation to the exercise of a power under subsection (4) as if— (a) the public place were premises entered by the authorised officer under this part; and (b) the proprietor of the food business concerned were the occupier of the premises; and (c) all other necessary changes were made. (6) Without limiting subsection (5), if a person is required to do something by an authorised officer under subsection (4), the person is not obliged to comply with the requirement if the authorised officer does not produce his or her identity card for inspection when asked by the person. 52 Power to seize things (1) An authorised officer who enters premises under this part with the occupier’s consent may seize a thing in or on the premises if— (a) the authorised officer is satisfied, on reasonable grounds, that the thing is connected with an offence against this Act; and (b) seizure of the thing is consistent with the purpose of the entry as told to the occupier when seeking the occupier’s consent. (2) An authorised officer who enters premises under a warrant issued under this part may seize anything in or on the premises that the authorised officer is authorised to seize under the warrant. (3) An authorised officer who enters premises under this part (whether with the occupier’s consent, under a warrant or otherwise) may seize anything in or on the premises if satisfied, on reasonable grounds, that— (a) the thing is connected with an offence against this Act; and Inspection and seizure powers Part 5 Powers of authorised officers generally Division 5.2 Section 52 R29 23/06/21 Food Act 2001 Effective: 23/06/21 page 43 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) the seizure is necessary to prevent the thing from being— (i) concealed, lost or destroyed; or (ii) used to commit, continue or repeat the offence. (4) Also, an authorised officer who enters premises under this part (whether with the occupier’s consent, under a warrant or otherwise) may seize any food in or on the premises if satisfied, on reasonable grounds, that the food— (a) is unsafe or unsuitable; or (b) consists partly or completely of decomposed, filthy, putrid or spoiled matter; or (c) otherwise poses an immediate risk to health or property. (5) The powers of an authorised officer under subsection (3) or (4) are additional to any powers of the authorised officer under subsection (1) or (2) or any other territory law. (6) Having seized a thing, an authorised officer may— (a) remove the thing from the premises where it was seized (the place of seizure) to another place; or (b) leave the thing at the place of seizure but restrict access to it; or (c) for food mentioned in subsection (4)—destroy or otherwise dispose of the food under section 53 (6) (Power to destroy decomposed food etc). Example—how access may be restricted The authorised officer may— (a) place the seized thing in a room or other enclosed area, compartment or cabinet at the place of seizure; and (b) fasten and seal the door or opening providing access to the room, area, compartment or cabinet; and (c) mark the door or opening in a way that indicates that access to it has been restricted under this Act. Part 5 Inspection and seizure powers Division 5.2 Powers of authorised officers generally Section 53 page 44 Food Act 2001 Effective: 23/06/21 R29 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (7) A person commits an offence if the person interferes with a seized thing, or anything containing a seized thing, to which access has been restricted under subsection (6). Maximum penalty: 50 penalty units, imprisonment for 6 months or both. Note An authorised officer may seize a thing in a public place under this section and this part applies to the thing seized, see s 51 (4) to (6). (8) Subsection (7) does not apply if the person has an authorised officer’s approval to interfere with the thing. 53 Power to destroy decomposed food etc (1) This section applies to food inspected or seized under this part by an authorised officer if the authorised officer is satisfied, on reasonable grounds, that the food— (a) is unsafe or unsuitable; or (b) consists partly or completely of decomposed, filthy, putrid or spoiled matter; or (c) otherwise poses an immediate risk to health or property. (2) The authorised officer may direct the proprietor of the food business concerned to destroy or otherwise dispose of the food. (3) The direction may state 1 or more of the following: (a) how the food must be destroyed or otherwise disposed of; (b) how the food must be kept until it is destroyed or otherwise disposed of; (c) the period within which the food must be destroyed or otherwise disposed of. (4) The proprietor of a food business commits an offence if the proprietor contravenes a direction given to the proprietor under subsection (2). Maximum penalty: 50 penalty units. Inspection and seizure powers Part 5 Powers of authorised officers generally Division 5.2 Section 54 R29 23/06/21 Food Act 2001 Effective: 23/06/21 page 45 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (5) An offence against this section is a strict liability offence. (6) Alternatively, if the food has been seized under this part, the authorised officer may destroy or otherwise dispose of the food. (7) Costs incurred by or on behalf of the Territory in relation to the disposal of food under subsection (6) are a debt owing to the Territory by the proprietor of the food business. 54 Power to require name and address (1) An authorised officer may require a person to state the person’s name and home address if the authorised officer believes on reasonable grounds that the person is committing or has just committed an offence against this Act. Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104). (2) The authorised officer must tell the person the reason for the requirement and, as soon as practicable, record the reason. (3) The person may ask the authorised officer to produce his or her identity card for inspection by the person. (4) A person commits an offence if— (a) the authorised officer— (i) tells the person the reason for the requirement made of the person under subsection (1); and (ii) complies with any request made by the person under subsection (3); and (b) the person fails to comply with the requirement. Maximum penalty: 10 penalty units. (5) An offence against this section is a strict liability offence. http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 Part 5 Inspection and seizure powers Division 5.3 Return and forfeiture of things seized Section 55 page 46 Food Act 2001 Effective: 23/06/21 R29 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Division 5.3 Return and forfeiture of things seized 55 Receipt for things seized (1) As soon as practicable after a thing is seized by an authorised officer under this part, the authorised officer must give a receipt for it to the person from whom it was seized. (2) If, for any reason, it is not practicable to comply with subsection (1), the authorised officer must leave the receipt, secured conspicuously, at the place of seizure. (3) A receipt under this section must include the following: (a) a description of the thing seized; (b) an explanation why the thing was seized; (c) an explanation of the person’s right to apply to a court under section 58 (Application for order disallowing seizure) for an order disallowing the seizure; (d) if the thing is removed from the premises where it is seized— where the thing is to be taken to; (e) the authorised officer’s name, business address and telephone number. 56 Access to things seized (1) This section applies to a document or anything else seized under this part (other than to food mentioned in section 52 (4) (which is about the seizure of contaminated or putrid food etc)). (2) If asked by a person who would be entitled to inspect the thing if it were not seized under this part, an authorised officer must allow the person, at any reasonable time— (a) for a document—to inspect it, take extracts from it or make copies of it; and Inspection and seizure powers Part 5 Return and forfeiture of things seized Division 5.3 Section 57 R29 23/06/21 Food Act 2001 Effective: 23/06/21 page 47 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) for anything else—inspect it. 57 Return of things seized (1) A thing seized under this part must be returned to its owner, or reasonable compensation must be paid to the owner by the Territory for the loss of the thing, if— (a) an infringement notice for an offence relating to the thing is not served on its owner within 6 months after the day of the seizure and either— (i) a prosecution for an offence relating to the thing is not begun within the 6 month period; or (ii) a prosecution for an offence relating to the thing is begun within the 6 month period and the court does not find the offence proved; or (b) an infringement notice for an offence relating to the thing is served on its owner within 6 months after the day of the seizure, the infringement notice is withdrawn and either— (i) a prosecution for an offence relating to the thing is not begun within 6 months after the day of the seizure; or (ii) a prosecution for an offence relating to the thing is begun within 6 months after the day of the seizure and the court does not find the offence proved; or (c) an infringement notice for an offence relating to the thing is served on its owner within 6 months after the day of the seizure, liability for the offence is disputed in accordance with the Magistrates Court Act 1930, section 132 (Disputing liability for infringement notice offence) and either— (i) an information is not laid in the Magistrates Court against the person for the offence within 60 days after the day the person gives notice under section 132 that liability is disputed; or http://www.legislation.act.gov.au/a/1930-21 Part 5 Inspection and seizure powers Division 5.3 Return and forfeiture of things seized Section 58 page 48 Food Act 2001 Effective: 23/06/21 R29 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (ii) the Magistrates Court does not find the offence proved; or (d) before the thing is forfeited to the Territory under section 61 (Forfeiture of seized things), the chief health officer— (i) becomes satisfied that there has been no offence against this Act with which the thing was connected; or (ii) decides not to prosecute the offence. (2) However, this section does not apply— (a) to food mentioned in section 52 (4) (which is about the seizure of contaminated or putrid food etc); or (b) if the chief health officer believes, on reasonable grounds, that the only practical use of the thing in relation to a food business would be an offence against this Act. 58 Application for order disallowing seizure (1) A person claiming to be entitled to anything seized under this part (other than to food mentioned in section 52 (4) (which is about the seizure of contaminated or putrid food etc)) may apply to the Magistrates Court within 10 days after the day of the seizure for an order disallowing the seizure. (2) An application under subsection (1) may be heard only if the applicant has served a copy of the application on the chief health officer. (3) The chief health officer is entitled to appear as respondent at the hearing of an application. 59 Order for return of seized thing (1) This section applies if a person claiming to be entitled to anything seized under this part applies to the Magistrates Court under section 58 for an order disallowing the seizure. Inspection and seizure powers Part 5 Return and forfeiture of things seized Division 5.3 Section 60 R29 23/06/21 Food Act 2001 Effective: 23/06/21 page 49 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) The Magistrates Court must make an order disallowing the seizure if— (a) it is proved that the applicant would, apart from the seizure, be entitled to the return of the seized thing; and (b) it is not proved there is an offence against this Act with which the thing is connected. (3) The Magistrates Court may also make an order disallowing the seizure if satisfied there are exceptional circumstances justifying the making of the order. (4) If the Magistrates Court makes an order disallowing the seizure, the court may make 1 or more of the following ancillary orders: (a) an order directing the chief health officer to return the thing to the applicant or to someone else that appears to be entitled to it; (b) if the thing cannot be returned or has depreciated in value because of the seizure—an order directing the Territory to pay reasonable compensation; (c) an order about the payment of costs in relation to the application. (5) The awarding of costs is at the discretion of the Magistrates Court. (6) If the Magistrates Court makes an order for the payment of compensation or for costs, the order is enforceable as a judgment of the court. 60 Adjournment pending hearing of other proceedings (1) This section applies to the hearing of an application under section 58 (Application for order disallowing seizure). (2) If it appears to the Magistrates Court that the seized thing is required to be produced in evidence in a pending proceeding in relation to an offence against a territory law, the court may, on the application of the chief health officer or its own initiative, adjourn the hearing until the conclusion of that proceeding. Part 5 Inspection and seizure powers Division 5.3 Return and forfeiture of things seized Section 61 page 50 Food Act 2001 Effective: 23/06/21 R29 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 61 Forfeiture of seized things (1) This section applies if— (a) anything seized under this part has not been destroyed or otherwise disposed of under section 53 (Power to destroy decomposed food etc) or returned under section 57 (Return of things seized); and (b) an application for disallowance of the seizure under section 58 (Application for order disallowing seizure)— (i) has not been made within 10 days after the day of the seizure; or (ii) has been made within that period, but the application has been refused or has been withdrawn before a decision in relation to the application had been made. (2) If this section applies to the seized thing— (a) it is forfeited to the Territory; and (b) it may be sold, destroyed or otherwise disposed of as the chief health officer directs. 62 Return of forfeited things (1) This section applies to a thing forfeited under section 61 that has not been disposed of in a way that would prevent its return. (2) If the chief health officer becomes satisfied that there has been no offence against this Act with which the thing was connected, the chief health officer must, as soon as practicable, return the thing to the person from whom it was seized or someone else who appears to the chief health officer to be entitled to it. (3) On its return, any proprietary and other interests in the thing that existed immediately before its forfeiture are restored. Inspection and seizure powers Part 5 Miscellaneous Division 5.4 Section 63 R29 23/06/21 Food Act 2001 Effective: 23/06/21 page 51 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 63 Cost of disposal of things forfeited (1) This section applies if— (a) a person is convicted, or found guilty, of an offence against this Act in relation to a thing forfeited to the Territory under this part; and (b) the thing was connected with an offence against this Act; and (c) the person was the owner of the thing immediately before its forfeiture. (2) If this section applies, costs incurred by or on behalf of the Territory in relation to the lawful disposal of the thing (including storage costs) are a debt owing to the Territory by the person. Division 5.4 Miscellaneous 70 Damage etc to be minimised (1) In the exercise, or purported exercise, of a function under this part, an authorised officer must take all reasonable steps to ensure that the authorised officer, and any person assisting the authorised officer, causes as little inconvenience, detriment and damage as is practicable. (2) If an authorised officer, or a person assisting an authorised officer, damages anything in the exercise or purported exercise of a function under this part, the authorised officer must give written notice of the particulars of the damage to the person whom the authorised officer believes, on reasonable grounds, is the owner of the thing. (3) If the damage happens on premises entered under this part in the absence of the occupier, the notice may be given by securing it in a conspicuous place on the premises. Part 5 Inspection and seizure powers Division 5.4 Miscellaneous Section 71 page 52 Food Act 2001 Effective: 23/06/21 R29 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 71 Compensation to be paid in certain circumstances (1) A person may claim compensation from the Territory if the person suffers loss or expense because of the exercise, or purported exercise, of a function under this part by an authorised officer or a person assisting an authorised officer. (2) Compensation may be claimed and ordered in a proceeding for— (a) compensation brought in a court of competent jurisdiction; or (b) an order under section 58 (Application for order disallowing seizure); or (c) an offence against this Act brought against the person making the claim for compensation. (3) A court may order the payment of reasonable compensation for the loss or expense only if it is satisfied it is just to make the order in the circumstances of the particular case. (4) A regulation may prescribe matters that may, must or must not be taken into account by the court in considering whether it is just to make the order. Taking and analysis of food samples Part 6 Section 72 R29 23/06/21 Food Act 2001 Effective: 23/06/21 page 53 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 6 Taking and analysis of food samples 72 Samples for routine monitoring of Act This part does not prevent an authorised officer from buying a sample of food for analysis for the routine monitoring of compliance with this Act without complying with the requirements of this part. Note For the admissibility of the analysis of a sample of food taken by an authorised officer, see s 135. 73 Other samples—proprietor to be told sample to be analysed (1) This section applies if an authorised officer proposes to take, or takes, a sample of food from a food business for analysis. (2) Before or as soon as practicable after taking the sample, the authorised officer must tell the proprietor of the food business or, if the proprietor is not present or readily available, the person from whom the sample was obtained or who was in charge of the food from which the sample was taken, of the authorised officer’s intention to have the sample analysed. (3) However, this section does not apply if the authorised officer obtains the sample from a vending machine and the authorised officer cannot identify anyone who appears to be in charge of the machine at the time the sample is obtained. 74 Payment for samples (1) This section applies if an authorised officer takes a sample of food from a food business for analysis. Part 6 Taking and analysis of food samples Section 75 page 54 Food Act 2001 Effective: 23/06/21 R29 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) The authorised officer must pay to the person from whom the sample is taken, or tender payment to that person of— (a) the amount prescribed by regulation as the amount payable for the sample; or (b) if no amount is prescribed—the current market value of the sample. (3) However, this section does not apply if the authorised officer obtains the sample from a vending machine by paying for it. 75 Samples from packaged food (1) This section applies to food that is contained in a closed package intended for retail sale. (2) An authorised officer who takes a sample of the food for analysis must take the entire package unless the package contains 2 or more smaller packages of the same food. 76 Procedures for dividing food samples (1) This section applies to a sample of food taken by an authorised officer for analysis except to the extent that the food standards code otherwise provides. (2) An authorised officer who takes a sample of food for analysis must, unless subsection (3) or (4) apply in relation to the sample— (a) divide the sample into 3 separate parts, and mark and seal or fasten each part in a way that its nature allows; and (b) leave 1 part with the person told under section 73 (2) (Other samples—proprietor to be told sample to be analysed) of the authorised officer’s intention to have the sample analysed; and (c) keep 1 of the remaining parts for analysis; and (d) keep the remaining part for future comparison with the other parts of the sample. Taking and analysis of food samples Part 6 Section 76 R29 23/06/21 Food Act 2001 Effective: 23/06/21 page 55 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) If a sample of food taken by an authorised officer is in the form of separate or severable objects, the authorised officer— (a) may take a number of the objects; and (b) if the authorised officer takes a number of the objects, must— (i) divide them into 3 parts each consisting of 1 or more of the objects, or of the severable parts of the objects, and mark and either seal or fasten each part; and (ii) deal with the sample under subsection (2) (b) to (d). (4) The authorised officer may comply with subsection (5) if the division of a sample of food into 3 separate parts would, in the authorised officer’s opinion— (a) so affect or impair the composition or quality of the sample as to make the separate parts unsuitable for accurate analysis; or (b) result in the separate parts being of an insufficient size for accurate analysis; or (c) otherwise make the sample unsuitable for analysis (including a method of analysis prescribed by regulation in relation to the food from which the sample was taken). (5) If subsection (4) applies in relation to a sample of food, the authorised officer may take as many samples as the authorised officer considers necessary to allow an accurate analysis to be made and may deal with the sample or samples in any way that is appropriate in the circumstances. Part 6 Taking and analysis of food samples Section 77 page 56 Food Act 2001 Effective: 23/06/21 R29 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 77 Analysis to comply with food standards code A person who carries out an analysis of a sample of food for this Act must comply with any requirements of the food standards code relating to the carrying out of analyses. Note 1 It is presumed that each part of a sample of food divided for the purpose of analysis for this Act is of uniform composition with every other part of the sample, see s 132 (d). Note 2 A court may order the analysis of a sample of food under s 137. 78 Certificates of analysis by authorised analysts (1) The analysis of a sample of food for the chief health officer must be carried out by an authorised analyst or under the supervision of an authorised analyst. (2) The authorised analyst must give to the chief health officer a certificate of analysis that— (a) is signed and dated by the analyst; and (b) contains a written report of the analysis that sets out the findings; and (c) states the requirements (if any) of the food standards code relating to the carrying out of the analysis and certifies that the analysis was carried out in accordance with those requirements. Note For evidentiary certificates by authorised analysts, see the Public Health Act 1997, s 135A. http://www.legislation.act.gov.au/a/1997-69 http://www.legislation.act.gov.au/a/1997-69 Improvement notices and prohibition orders Part 7 Section 79 R29 23/06/21 Food Act 2001 Effective: 23/06/21 page 57 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 7 Improvement notices and prohibition orders 79 Service of improvement notices An authorised officer may serve an improvement notice on the proprietor of a food business if the authorised officer believes, on reasonable grounds, that— (a) premises or equipment used by the food business in relation to the handling of food intended for sale or the sale of food is in an unclean or insanitary condition or is otherwise unfit for the purpose for which it is designed or intended to be used; or (b) this Act (including the food standards code) has been, is being or will be contravened by the food business in relation to the handling of food intended for sale or the sale of food; or (c) a relevant food safety program prepared under a regulation is not being carried out adequately by the food business in relation to premises or equipment used in relation to the handling of food intended for sale or the sale of food. Examples—par (b) 1 The food business’s premises or equipment do not comply with the food safety standards. 2 The food standards code is being contravened on premises used by the food business in relation to the handling of food intended for sale or the sale of food. Note 1 The dictionary defines premises as including land and a vehicle. Note 2 For how documents may be served, see the Legislation Act, pt 19.5. Note 3 A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation, the food standards code and any approved code of practice (see Legislation Act, s 104). http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 Part 7 Improvement notices and prohibition orders Section 80 page 58 Food Act 2001 Effective: 23/06/21 R29 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 80 Contents of improvement notices (1) An improvement notice may direct the proprietor of the food business on whom the notice is served to do 1 or more of the following within the period for compliance: (a) put particular premises or equipment into a clean and sanitary condition, or repair particular premises or equipment, to the satisfaction of an authorised officer; (b) replace particular equipment or a vehicle; (c) prepare a food safety program if a food safety program is required under a regulation; (d) amend a food safety program required under a regulation to comply with the regulations; (e) in relation to the handling of food intended for sale or the sale of food—take particular measures to carry out a relevant food safety program required to be prepared under a regulation; (f) in relation to the handling of food intended for sale or the sale of food—take particular measures to carry out the requirements of the food safety standards (including in relation to the handling of food in a particular way or for a particular purpose); (g) destroy or otherwise dispose of particular food; (h) take other action to ensure that the food business complies with this Act (including the food standards code). Example—par (h) Labelling on food intended for sale must be changed to comply with the food standards code. Note See also s 84 for the scope of an improvement notice, including the directions that may be given about the destruction of food. (2) Also, the improvement notice— (a) must state that it is an improvement notice under this Act; and Improvement notices and prohibition orders Part 7 Section 81 R29 23/06/21 Food Act 2001 Effective: 23/06/21 page 59 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) must state the period for compliance; and (c) must state the provision of this Act (including any relevant provision of the food standards code) to which it relates; and (d) must state the authorised officer’s belief on which service of the notice was based and a brief explanation for it; and (e) may state particular action that may be taken to ensure compliance with any provision of this Act (including the food standards code) to which it relates. (3) Before the end of the period for compliance stated in the improvement notice, an authorised officer may, on his or her own initiative or if asked by the proprietor of the food business, extend the period (the extended period) within which the proprietor of the food business must comply with the notice. (4) In this section: period for compliance means the period beginning on the service of the notice to the end of— (a) 24 hours or, if a longer period is stated in the notice, that period; or (b) if the period applying under paragraph (a) is extended—the extended period. 81 Compliance with improvement notices (1) If an improvement notice is complied with, an authorised officer must note the date of compliance on a copy of the notice (the compliance copy) and, as soon as practicable, give a copy of the compliance copy to the proprietor of the food business in relation to which the improvement notice was served. Part 7 Improvement notices and prohibition orders Section 82 page 60 Food Act 2001 Effective: 23/06/21 R29 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) An improvement notice ceases to apply to the food business in relation to which it was served if an authorised officer notes the date of compliance with the notice by the food business on a copy of the notice. 82 Service of prohibition orders An authorised officer may serve a prohibition order on the proprietor of a food business if the authorised officer believes, on reasonable grounds— (a) that any of the circumstances mentioned in section 79 (a), (b) or (c) (Service of improvement notices) apply in relation to the food business; and (b) that— (i) the proprietor of the food business has not complied with an improvement notice in relation to the circumstances within the period for compliance for the notice under section 80 (Contents of improvement notices); or (ii) service of the order is necessary to prevent or mitigate a serious danger to public health. Note For how documents may be served, see the Legislation Act, pt 19.5. 83 Contents of prohibition orders (1) A prohibition order may direct the proprietor of the food business on whom the order is served not to do 1 or more of the following until the proprietor is given a clearance certificate for the order: (a) use particular premises or equipment in relation to the handling or otherwise of food intended for sale or the sale of food; (b) handle food intended for sale in a particular way or for a particular purpose; (c) do anything else in relation to food intended for sale or the sale of food. http://www.legislation.act.gov.au/a/2001-14 Improvement notices and prohibition orders Part 7 Section 84 R29 23/06/21 Food Act 2001 Effective: 23/06/21 page 61 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) The prohibition order may direct the proprietor of the food business concerned to destroy or otherwise dispose of particular food. Note See also s 84 for the scope of an prohibition order, including the directions that may be given about the destruction of food. (3) Also, the prohibition order— (a) must state that it is a prohibition order under this Act; and (b) must state the provision of this Act (including any relevant provision of the food standards code) to which it relates; and (c) must state the authorised officer’s belief on which service of the notice was based and a brief explanation for it; and (d) may state particular action that may be taken to ensure compliance with any provision of this Act (including the food standards code) to which it relates; and (e) must include a statement to the effect that the proprietor of the food business may ask for a reinspection of the things in relation to which the prohibition order was served if the proprietor considers that the food business complies with this Act. 84 Scope of improvement notices and prohibition orders (1) An improvement notice or prohibition order may be made in relation to 1 or more of the following: (a) any premises, or any part of any premises, used by the food business concerned in relation to the handling or otherwise of food intended for sale or the sale of food; (b) any equipment or vehicles used by the food business in relation to the handling or otherwise of food intended for sale or the sale of food; (c) the handling of food intended for sale by the food business in a particular way or for a particular purpose; Part 7 Improvement notices and prohibition orders Section 84A page 62 Food Act 2001 Effective: 23/06/21 R29 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (d) any food intended for sale or sold. Note The dictionary defines premises as including land and a vehicle. (2) A direction under section 80 (1) (g) (Contents of improvement notices) or section 83 (2) (Contents of prohibition orders) may state 1 or more of the following: (a) how the food must be destroyed or otherwise disposed of; (b) how the food must be kept until it is destroyed or otherwise disposed of; (c) the period within which the food must be destroyed or otherwise disposed of. 84A Display of closure notices (1) This section applies if a prohibition order— (a) is served on the proprietor of a food business; and (b) directs the proprietor not to use particular premises of the business for— (i) the sale of food; or (ii) the handling of, or doing of any other thing to, food intended for sale. (2) A notice (a closure notice)— (a) must be placed at each public entrance to the premises of the food business by an authorised officer as soon as practicable after the prohibition order is served on the proprietor of the business; and (b) may only be removed by an authorised officer. Improvement notices and prohibition orders Part 7 Section 84B R29 23/06/21 Food Act 2001 Effective: 23/06/21 page 63 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) An authorised officer may remove a closure notice— (a) if a clearance certificate is issued for the prohibition order to which the notice relates; or (b) to reposition, update or correct the notice. 84B Contents of closure notices A closure notice displayed at the premises of a food business must contain the following information: (a) the name and address of the business; (b) a statement that the business is subject to a prohibition order under this Act; (c) the date the order was made; (d) that it is an offence to interfere with the display or contents of the notice; (e) the words ‘ACT Government’ and ‘Health Directorate’ at the head of the notice; (f) any other information the chief health officer considers appropriate to include. 84C Proprietor to maintain closure notice (1) The proprietor of a food business commits an offence if— (a) an authorised officer places a closure notice at the premises of the food business; and (b) the proprietor fails to ensure that— (i) the closure notice is not moved from where it was placed; or (ii) no part of the closure notice is obscured or defaced. Maximum penalty: 100 penalty units. Part 7 Improvement notices and prohibition orders Section 85 page 64 Food Act 2001 Effective: 23/06/21 R29 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) It is a defence to a prosecution for an offence against subsection (1) if the proprietor proves that the proprietor took reasonable steps to ensure that— (a) the closure notice was not moved from where it was placed by the authorised officer; and (b) no part of the closure notice was obscured or defaced. Note The defendant has a legal burden in relation to the matters mentioned in s (2) (see Criminal Code, s 59). 85 Request for reinspection (1) This section applies to the proprietor of a food business on whom a prohibition order has been served if the proprietor considers that the food business complies with this Act. (2) The proprietor may, in writing, ask the chief health officer to arrange for an authorised officer to reinspect the things in relation to which the prohibition order was served. (3) If the request relates to a vehicle or equipment, the vehicle or equipment must be made available for reinspection where it was originally inspected or at another place agreed to by an authorised officer. (4) If, through no fault of the proprietor, an authorised officer does not make the reinspection within the relevant period, a clearance certificate for the prohibition order is taken to have been given to the proprietor. (5) Subsection (4) does not prevent an improvement notice or another prohibition order being served on the proprietor in relation to the same premises, equipment or anything else. (6) In this section: relevant period means 48 hours from the receipt by the chief health officer of the request for reinspection. http://www.legislation.act.gov.au/a/2002-51 Improvement notices and prohibition orders Part 7 Section 86 R29 23/06/21 Food Act 2001 Effective: 23/06/21 page 65 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 86 Clearance certificates (1) This section applies if an authorised officer reinspects the things in relation to which a prohibition order was served on the proprietor of a food business. (2) The authorised officer must issue a clearance certificate for the prohibition order if the authorised officer finds that— (a) the reinspected things are no longer a serious danger to public health; and (b) the proprietor has complied with the prohibition order and any improvement notices served on the proprietor in relation to the food business. 87 Contravention of improvement notices and prohibition orders (1) The proprietor of a food business commits an offence if the proprietor engages in conduct that contravenes an improvement notice served on the proprietor. Maximum penalty: 100 penalty units. (2) The proprietor of a food business commits an offence if the proprietor engages in conduct that contravenes a prohibition order served on the proprietor. Maximum penalty: 400 penalty units. Part 7 Improvement notices and prohibition orders Section 88 page 66 Food Act 2001 Effective: 23/06/21 R29 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 88 Compensation for prohibition order (1) This section applies if— (a) a person was bound by a prohibition order; and (b) the person suffers loss or expense because of the making of the order; and (c) the person considers that there were insufficient grounds for the making of the order. (2) The person may apply in writing, with reasons for the application, to the Minister for compensation. (3) If there were insufficient grounds for the making of the order, the Territory must pay reasonable compensation to the person. (4) However, compensation is not payable to the person— (a) in relation to any loss or expense suffered by the person because of an act or omission of the person; or (b) if the person caused or contributed to the making of the prohibition order. (5) The Minister must— (a) decide whether to pay any compensation to the person and, if so, the amount of the compensation; and (b) give the person written notice of the Minister’s decision. (6) If the Minister has not decided the application within 28 days after the day the Minister received the application, the Minister is taken to have refused to pay any compensation. Registration of food businesses Part 8 Section 89 R29 23/06/21 Food Act 2001 Effective: 23/06/21 page 67 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 8 Registration of food businesses 89 Offence—food business not registered or exempt A person commits an offence if— (a) the person conducts a food business; and (b) the food business is— (i) not registered under this part; and (ii) not exempt from registration under section 90. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. 90 Food businesses exempt from registration A regulation may prescribe that a food business, other than a food business conducted at a regulated event, is exempt from registration. 91 Regulated events (1) The Minister may declare that an event is a regulated event for this Act. (2) A declaration is a disallowable instrument. Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act. 92 Registration of food businesses (1) A person may apply to the chief health officer for the registration of a food business conducted by the person. Note A fee may be determined under s 150 for an application for registration under this section. http://www.legislation.act.gov.au/a/2001-14 Part 8 Registration of food businesses Section 93 page 68 Food Act 2001 Effective: 23/06/21 R29 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) The chief health officer may require the person to give the chief health officer any information that the chief health officer reasonably requires to decide the application (including, for example, the design and fit-out specifications of the premises proposed to be used in relation to the handling of food intended for sale or the sale of food). (3) The chief health officer may register or refuse to register the food business. (4) In deciding whether to register the food business, the chief health officer may have regard to— (a) whether the proposed premises are fit for their intended use; and (b) any contraventions of this Act by the person; and (c) any other matter relevant to the handling of food intended for sale or the sale of food. (5) For subsection (4) (a), premises are not fit for their intended use if a certificate of occupancy or certificate of regularisation under the Building Act 2004 has not been issued for the premises or the part of the premises proposed to be used in relation to the handling of food intended for sale or the sale of food. (6) The registration of a food business is for a period of up to 3 years stated in the registration, beginning on the day the chief health officer registers the food business. 93 Renewal of registration (1) This section does not apply if— (a) the registration of a food business is suspended under this part; or (b) the chief health officer has decided to cancel the registration of a food business under section 101 (3) (Procedure for taking action in relation to registration). http://www.legislation.act.gov.au/a/2004-11 Registration of food businesses Part 8 Section 94 R29 23/06/21 Food Act 2001 Effective: 23/06/21 page 69 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) The chief health officer must renew the registration of a food business if, before the expiry of the registration, the proprietor of the food business gives the chief health officer a properly completed application form for the renewal of the registration. Note A fee may be determined under s 150 for an application for registration under this section. (3) The renewal of the registration is for a period of up to 3 years stated in the registration, beginning immediately after the expiry of the registration being renewed. 94 Issue or amendment of registration subject to conditions (1) The registration of a food business may be given or renewed subject to a condition imposed by the chief health officer. (2) The registration of a food business may be amended by the chief health officer to impose a condition to which the registration is to be subject or to amend or revoke a condition to which the registration is already subject. (3) A condition mentioned in subsection (1) or (2) may be imposed, amended or revoked by the chief health officer— (a) on the chief health officer’s own initiative or on the application of the applicant for, or the holder of, the registration; and (b) for a stated period or indefinitely. 95 Registered food businesses—procedure for imposition etc of conditions on chief health officer’s initiative (1) This section applies if the chief health officer proposes, on the chief health officer’s own initiative, to take action under section 94 (2) to amend the registration of a food business to impose, amend or revoke a condition (the proposed action). Part 8 Registration of food businesses Section 95 page 70 Food Act 2001 Effective: 23/06/21 R29 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) The chief health officer must give the proprietor of the food business a written notice stating— (a) the proposed action; and (b) if the proposed action is to impose a condition to which the registration is to be subject—the proposed condition; and (c) if the proposed action is to amend a condition to which the registration is subject—the proposed condition as amended; and (d) if the proposed action is to impose or amend a condition—the grounds for the proposed action; and (e) if appropriate, any action that must be taken by the proprietor of the food business to avoid or reverse the proposed action; and (f) the date when the proposed imposition, amendment or revocation of the condition takes effect (the date of effect); and (g) that the proposed action takes effect on the date of effect unless the notice is revoked by the chief health officer before that date; and (h) whether and, if so, by when the proprietor is required to return the certificate of registration to the chief health officer if the proposed action takes effect. (3) The notice may, but need not, provide an opportunity for the proprietor of the food business to make representations about why the proposed action should not be taken. (4) The date of effect must not be earlier than 14 days after the notice is given to the proprietor. (5) This section does not affect the taking of action under section 101 (Procedure for taking action in relation to registration). Registration of food businesses Part 8 Section 96 R29 23/06/21 Food Act 2001 Effective: 23/06/21 page 71 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 96 Certificate of registration (1) If the chief health officer registers, or renews the registration, of a food business, the chief health officer must give the proprietor of the food business a certificate of registration for the food business. (2) The certificate of registration must show— (a) the name of the proprietor of the food business; and (b) the trading name (if any) of the food business; and (c) the type of the food business (as decided by the chief health officer) to which the registration relates; and (d) the address of the premises at or from which the food business is mainly conducted; and (e) the registration number allocated to the business; and (f) the conditions (if any) to which the registration is subject; and (g) when the registration expires; and (h) any other information that the chief health officer considers appropriate. 97 Change in details of registration or operation of food business (1) This section applies if— (a) particulars set out in an application for registration or renewal of registration of a food business, or the particulars shown in a certificate of registration, become (or are about to become) inaccurate or inapplicable because of a change in circumstances; or Part 8 Registration of food businesses Section 97 page 72 Food Act 2001 Effective: 23/06/21 R29 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) the operation of a food business is changed in a way that may have an adverse effect on the safety of food intended for sale or the sale of food. Examples—changes in circumstances 1 a change in the proprietor of the food business 2 for a food business that is not operated from a vehicle—a change in the location of the premises from which the food business is conducted 3 a change in the kind of food business conducted by the food business 4 a structural change in the premises or a change in the fixtures and fittings for the premises (2) The proprietor of the food business commits an offence if— (a) there is a change in the particulars, or the operation of the food business, mentioned in subsection (1); and (b) the proprietor does not, as soon as practicable (but within 7 days after the day the change happens)— (i) give written notice of the change to the chief health officer; and (ii) if the change affects particulars shown on the certificate of registration—return the certificate to the chief health officer with the notice. Maximum penalty: 50 penalty units. Note A fee may be determined under s 150 for giving notice under this section. (3) An offence against this section is a strict liability offence. (4) If the change relates to the registration of the food business, the chief health officer may amend or refuse to amend the registration of the food business. (5) The chief health officer may require the proprietor to give the chief health officer any information that the chief health officer reasonably requires to decide whether to amend the registration of the food business. Registration of food businesses Part 8 Section 98 R29 23/06/21 Food Act 2001 Effective: 23/06/21 page 73 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (6) In deciding whether to amend the registration of the food business, the chief health officer may have regard to— (a) whether, because of the change of circumstances, the premises are, or will be, fit for their intended use; and (b) whether the change of circumstances will have an adverse effect on the safety of food intended for sale or the sale of food; and (c) for a change in the proprietor of a food business—any contraventions of this Act by the new proprietor of the food business; and (d) any other matter relevant to the handling of food intended for sale or the sale of food. (7) For subsection (6) (a), premises are not fit for their intended use if a certificate of occupancy or certificate of regularisation under the Building Act 2004 has not been issued for the premises or the part of the premises proposed to be used in relation to the handling of food intended for sale or the sale of food. (8) If the chief health officer amends the registration of a food business in a way that changes the particulars shown in the certificate of registration and the certificate is returned to the chief health officer, the chief health officer must amend the certificate or issue another certificate for the remainder of the period of the certificate that it replaces. 98 Replacement of certificates of registration (1) The chief health officer may issue a replacement certificate of registration of a food business to the proprietor of the business if satisfied that the certificate has been lost, stolen or destroyed. (2) A certificate of registration issued under this section must be issued for the remainder of the period of the certificate that it replaces. http://www.legislation.act.gov.au/a/2004-11 Part 8 Registration of food businesses Section 98A page 74 Food Act 2001 Effective: 23/06/21 R29 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 98A Registration certificate must be displayed (1) A person commits an offence if— (a) the person conducts a food business that is registered under this part; and (b) the person fails to display a current certificate of registration for the food business on the business’s premises. Maximum penalty: 50 penalty units. (2) An offence against this section is a strict liability offence. (3) In this section: display, of a certificate on business premises, means show in a way that is clearly visible to a member of the public who enters the premises in the ordinary course of business. 99 Food business to be conducted in accordance with registration conditions (1) The proprietor of a registered food business commits an offence if— (a) the registration of the business is subject to a condition; and (b) the proprietor engages in conduct that contravenes the condition. Maximum penalty: 50 penalty units. (2) An offence against this section is a strict liability offence. 100 Action that may be taken in relation to registration of food businesses The chief health officer may take the following action under section 101 in relation to the registration of a food business if there has been a breach of this Act in the conduct of the food business: (a) cancel the registration; (b) suspend the registration for a period of not longer than 1 year; Registration of food businesses Part 8 Section 101 R29 23/06/21 Food Act 2001 Effective: 23/06/21 page 75 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (c) impose a condition on, or amend a condition of, the registration. Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation, the food standards code and any approved code of practice (see Legislation Act, s 104). 101 Procedure for taking action in relation to registration (1) If the chief health officer proposes to take action under this section in relation to the registration of a food business, the chief health officer must give the proprietor of the business a notice (a disciplinary notice) that— (a) states the proposed action, including any proposed suspension period or condition or a condition as proposed to be amended; and (b) states the grounds for the proposed action; and (c) tells the proprietor that the proprietor may, within 14 days beginning the day after receiving the notice, give a written response to the chief health officer about the matters in the notice. (2) In deciding whether to suspend or cancel the registration, the chief health officer must consider any response given to the chief health officer in accordance with subsection (1) (c). (3) If the chief health officer is satisfied that grounds for taking action under this section have been established, the chief health officer may— (a) if the proposed action was to cancel the registration—cancel the registration, suspend the registration for a period of not longer than 1 year or impose a condition on, or amend a condition of, the registration; or http://www.legislation.act.gov.au/a/2001-14 Part 8 Registration of food businesses Section 102 page 76 Food Act 2001 Effective: 23/06/21 R29 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) if the proposed action included suspending the registration for a stated period—either suspend the registration for a period of not longer than that period or impose a condition on, or amend a condition of, the registration; or (c) if the proposed action included imposing a condition on, or amending a condition of, the registration—impose a condition on, or amend a condition of, the registration that is no more onerous than the proposed condition or a condition as proposed to be varied. (4) The chief health officer must give the proprietor of the food business written notice of the chief health officer’s decision. (5) The suspension or cancellation of the registration of a food business takes effect on the day when notice of the suspension or cancellation is given to the proprietor of the food business or, if the notice states a later date of effect, that date. (6) The renewal or amendment of the registration of a food business under section 93 (Renewal of registration) or section 97 (Change in details of registration or operation of food business) does not prejudice or otherwise affect any action being taken, or proposed action, in relation to the registration of the food business under this section. 102 Immediate suspension of registration (1) This section applies if the chief health officer— (a) has decided to give, or has given, a disciplinary notice to the proprietor of a registered food business; and (b) believes, on reasonable grounds, that it is in the public interest that the person’s registration be suspended as soon as practicable before a decision is made to take action under section 101 (3) (Procedure for taking action in relation to registration). Registration of food businesses Part 8 Section 103 R29 23/06/21 Food Act 2001 Effective: 23/06/21 page 77 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) In forming the belief, the chief health officer must consider— (a) the circumstances leading to the decision to issue the disciplinary notice; and (b) the grounds for proposing to take the action to be stated, or stated, in the disciplinary notice. (3) If this section applies, the chief health officer may give the person a notice (an immediate suspension notice) suspending the person’s registration. (4) If an immediate suspension notice is given to the person, the person’s registration is suspended on the receipt of the notice by the person. (5) The immediate suspension notice expires when the person is told under section 101 (4) (Procedure for taking action in relation to registration) of the decision made on the disciplinary notice. 103 Return of certificate of registration (1) The proprietor of a food business commits an offence if— (a) the registration of the business is suspended or cancelled; and (b) the proprietor does not, as soon as practicable (but within 7 days after the day the suspension or cancellation takes effect), return the certificate of registration of the business to the chief health officer. Maximum penalty: 5 penalty units. (2) An offence against this section is a strict liability offence. (3) If the registration of a food business is suspended and the registration has not ended when the suspension ends, the chief health officer must return the certificate of registration if the proprietor of the food business asks for its return. Part 8 Registration of food businesses Section 104 page 78 Food Act 2001 Effective: 23/06/21 R29 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 104 Surrender of registration The proprietor of a registered food business may, at any time, surrender the registration by returning the certificate of registration to the chief health officer with a written statement that the registration is surrendered. 105 Food business register (1) The chief health officer must keep a register of food businesses that have been registered under section 92 (Registration of food businesses) or whose registration has been renewed under section 93 (Renewal of registration) (the food business register). (2) The food business register must include the information mentioned in section 96 (2) (Certificate of registration). (3) The food business register may contain any other information that the chief health officer considers appropriate. (4) The food business register may be kept in the form of, or as part of, 41 or more computer databases or in any other form that the chief health officer considers appropriate. (5) The chief health officer may correct any mistake, error or omission in the food business register subject to the requirements (if any) of the regulations. 106 Publication and inspection of food business register (1) The chief health officer must make arrangements for people to inspect the food business register and buy a copy of part or all of it. Note A fee may be determined under s 150 for an inspection or purchase under this section. (2) The chief health officer may publish all or part of the food business register in any way that the chief health officer considers appropriate. Display of nutritional information for food Part 9 Section 107 R29 23/06/21 Food Act 2001 Effective: 23/06/21 page 79 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 9 Display of nutritional information for food 107 Definitions—pt 9 In this part: menu means a menu, in printed or electronic form, that lists or otherwise shows 1 or more items of food and that— (a) is on a board, poster, leaflet or similar thing at the premises where the item or items of food listed or shown on the menu are sold; or (b) is distributed or available outside the premises where the item or items of food listed or shown on the menu are sold by the internet or a printed leaflet. ready-to-eat food means food that is in a state in which it is ordinarily consumed, but does not include nuts in the shell or raw fruit or vegetables. sell means sell as defined in section 9 (1), but by retail only. standard food item—see section 108. standard food outlet—see section 109. 108 Meaning of standard food item—pt 9 (1) In this part: standard food item— (a) means an item of ready-to-eat food for sale that is sold in servings that are standardised for portion and content and that— (i) is listed or otherwise shown on a menu; or (ii) is displayed for sale with a price tag or label or an identifying tag or label; and Part 9 Display of nutritional information for food Section 109 page 80 Food Act 2001 Effective: 23/06/21 R29 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) includes an item of ready-to-eat food for sale that is prescribed by regulation; but (c) does not include an item of ready-to-eat food that— (i) arrives at the premises where it is sold in a container or wrapper in or by which the food is wholly enclosed (whether or not the food is also in an outer container or wrapper that contains multiple units of the food); and (ii) is not removed from its container or wrapper (other than any outer container or wrapper) before its sale at the premises. (2) If a number of standard food items are shown or displayed for sale as mentioned in subsection (1) as a combination, the combination is to be treated for this part as a single standard food item. (3) If an item of food mentioned in subsection (1) is shown or displayed for sale in different standard sizes or portions (for example, small, medium or large), each standard size or portion is to be treated for this part as a separate standard food item. 109 Meaning of standard food outlet (1) Premises where standard food items are sold by a food business is a standard food outlet if— (a) the food business sells standard food items at other premises or while operating in a chain of food businesses that sell standard food items; and (b) at least 1 of the standard food items sold at the premises has been standardised for portion and content so as to be substantially the same as standard food items of that kind sold at the other premises or by the other food businesses in the chain. Display of nutritional information for food Part 9 Section 110 R29 23/06/21 Food Act 2001 Effective: 23/06/21 page 81 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) For this section, a food business is operating in a chain of food businesses that sell standard food items if— (a) it is operating as 1 of a group of food businesses that sell standard food items under franchise arrangements with a parent business or under common ownership or control; or (b) it sells standard food items under the same trading name as a group of other food businesses that sell standard food items. 110 Certain standard food outlets to display nutritional information (1) This section applies to a standard food outlet of a food business that— (a) sells standard food items at 7 or more places in the ACT or at 50 or more places in Australia; or (b) operates in a chain of food businesses that sell standard food items if together the businesses sell standard food items at 7 or more places in the ACT or at 50 or more places in Australia. (2) However, this section does not apply to a standard food outlet of a food business that primarily provides food catering services. (3) The proprietor of the standard food outlet must ensure that— (a) the nutritional information prescribed by regulation is displayed in relation to standard food items sold at the outlet; and (b) the nutritional information is worked out in accordance with any requirements prescribed by regulation for nutritional information of that kind; and (c) the nutritional information is displayed in the way and at the places prescribed by regulation for nutritional information of that kind. (4) A person must not intentionally contravene subsection (3). Maximum penalty: 500 penalty units. Part 9 Display of nutritional information for food Section 111 page 82 Food Act 2001 Effective: 23/06/21 R29 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (5) A person must not contravene subsection (3). Maximum penalty: 100 penalty units. (6) An offence against subsection (5) is a strict liability offence. (7) If, on the trial of a person charged with an offence against subsection (4), the court is not satisfied that the person committed the offence but is satisfied that the person committed an offence against subsection (5), the court may find the person not guilty of the offence charged but guilty of an offence against subsection (5), but only if the person has been given procedural fairness in relation to that finding of guilt. 111 Voluntary display of nutritional information to meet certain requirements (1) This section applies to a standard food outlet other than a standard food outlet to which section 110 applies. (2) The proprietor of the standard food outlet must not display nutritional information prescribed by regulation in relation to standard food items sold at the outlet unless the nutritional information— (a) is worked out in accordance with any requirements prescribed by regulation for nutritional information of that kind; and (b) is displayed in the way and at the places prescribed by regulation for nutritional information of that kind. Maximum penalty: 100 penalty units. (3) An offence against this section is a strict liability offence. Display of nutritional information for food Part 9 Section 112 R29 23/06/21 Food Act 2001 Effective: 23/06/21 page 83 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 112 Commencement of regulation made for s 110 or s 111 Subject to any disallowance or amendment under the Legislation Act, chapter 7, a regulation made for section 110 or section 111 commences— (a) if there is a motion to disallow the regulation and the motion is negatived by the Legislative Assembly—on the day after the day the disallowance motion is negatived; or (b) on the day after the 6th sitting day after the day the regulation is presented to the Legislative Assembly under that chapter; or (c) if the regulation provides for a later date or time of commencement—on that date or at that time. 113 Display or distribution of explanatory material etc about nutritional information A regulation may make provision in relation to the display or distribution by a standard food outlet of explanatory material or any other material about nutritional information for food. 114 Exemptions from pt 9 (1) The Minister may exempt, with or without conditions, any people, food businesses, premises, food or activities from the operation of 1 or more provisions of this part. (2) An exemption must state the reasons for the exemption. (3) An exemption has no effect during any period in which a condition of the exemption is not complied with. (4) An exemption is a disallowable instrument. Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act. http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 Part 9A Food safety supervisors Section 116 page 84 Food Act 2001 Effective: 23/06/21 R29 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 9A Food safety supervisors 116 Definitions—pt 9A In this part: approved food safety training course means a food safety training course— (a) provided by a registered training organisation; and (b) approved by the chief health officer in accordance with the food safety training approval guidelines. food safety supervisor, for a registered food business, means a person who— (a) holds a statement of attainment for an approved food safety training course; and (b) satisfies any requirement under this Act about eligibility to become or remain a food safety supervisor; and Note A reference to this Act includes a reference to a statutory instrument made or in force under this Act (see Legislation Act, s 104). (c) as part of the person’s formal duties in the business is— (i) responsible for recognising, preventing and alleviating food safety hazards in the business; and (ii) authorised to supervise and give directions about food safety to any person who handles food in the course of the business; and http://www.legislation.act.gov.au/a/2001-14/default.asp Food safety supervisors Part 9A Section 117 R29 23/06/21 Food Act 2001 Effective: 23/06/21 page 85 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (d) is not also the food safety supervisor for— (i) any other registered food business; or (ii) if the registered food business has more than 1 site where the handling or sale of food happens—more than 1 site for the business. food safety training approval guidelines means the guidelines made by the chief health officer under section 119. food safety training course means a training course about ways to recognise, prevent and alleviate food safety hazards in food handled or sold in a registered food business. registered training organisation—see the National Vocational Education and Training Regulator Act 2011 (Cwlth), section 3. site, for a registered food business, does not include a site used by the business for the handling or sale of food at a regulated event. statement of attainment, held by a person, means a document issued to the person by a registered training organisation certifying that the person has satisfactorily completed a course conducted by the organisation. 117 Registered food business to have food safety supervisor (1) A registered food business must have a food safety supervisor. (2) The proprietor of a registered food business, other than a food business conducted only at a regulated event, commits an offence if— (a) the proprietor fails to ensure that there is a food safety supervisor for the business within 30 days after the day the business is registered (the establishment period); or (b) the business does not have a food safety supervisor at any time after the end of the establishment period. Maximum penalty: 50 penalty units. http://www.comlaw.gov.au/Series/C2011A00012 http://www.comlaw.gov.au/Series/C2011A00012 Part 9A Food safety supervisors Section 118 page 86 Food Act 2001 Effective: 23/06/21 R29 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) Subsection (2) (b) does not apply if it is less than 30 days since the last day the business had a food safety supervisor. Note The defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code, s 58). 118 Proprietor of registered food business may be food safety supervisor A proprietor of a registered food business may be the food safety supervisor for the business. 119 Food safety training approval guidelines (1) The chief health officer must make guidelines for the approval of a food safety training course under this part. (2) A guideline may apply, adopt or incorporate a law of another jurisdiction or an instrument as in force from time to time. (3) The Legislation Act, section 47 (6) does not apply to a law of another jurisdiction or an instrument mentioned in subsection (2). Note A law of another jurisdiction, or an instrument, applied, adopted or incorporated by a guideline does not need to be notified under the Legislation Act because s 47 (6) does not apply (see Legislation Act, s 47 (7)). (4) A guideline is a notifiable instrument. Note A notifiable instrument must be notified under the Legislation Act. http://www.legislation.act.gov.au/a/2002-51/default.asp http://www.legislation.act.gov.au/a/2001-14/default.asp http://www.legislation.act.gov.au/a/2001-14/default.asp http://www.legislation.act.gov.au/a/2001-14/default.asp http://www.legislation.act.gov.au/a/2001-14/default.asp Food safety supervisors Part 9A Section 120 R29 23/06/21 Food Act 2001 Effective: 23/06/21 page 87 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 120 Exemptions—pt 9A (1) The Minister may exempt, with or without conditions, any people, food businesses, premises, food or activities from the operation of this part. (2) An exemption has no effect during a period when a condition of the exemption is not complied with. (3) An exemption is a disallowable instrument. Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act. http://www.legislation.act.gov.au/a/2001-14 Part 10 Procedural and evidentiary provisions Section 126 page 88 Food Act 2001 Effective: 23/06/21 R29 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 10 Procedural and evidentiary provisions Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation, the food standards code and any approved code of practice (see Legislation Act, s 104). 126 Liability of employees and agents (1) It is not a defence in a proceeding for an offence against this Act that the defendant was, at the time of the commission of the offence, an employee or agent of someone else. (2) However, it is a defence if the defendant proves that the defendant was under the personal supervision of the proprietor of the food business, or the owner or person in charge of the premises, in relation to which the offence was committed, or of someone else representing the proprietor, owner or person in charge. 127 Acts and omissions of representatives (1) In this section: person means an individual. Note See the Criminal Code, pt 2.5 for provisions about corporate criminal responsibility. representative, of a person, means an employee or agent of the person. state of mind, of a person, includes— (a) the person’s knowledge, intention, opinion, belief or purpose; and (b) the person’s reasons for the intention, opinion, belief or purpose. (2) This section applies to a prosecution for any offence against this Act. http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2002-51 Procedural and evidentiary provisions Part 10 Section 128 R29 23/06/21 Food Act 2001 Effective: 23/06/21 page 89 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) If it is relevant to prove a person’s state of mind about an act or omission, it is enough to show— (a) the act was done or omission made by a representative of the person within the scope of the representative’s actual or apparent authority; and (b) the representative had the state of mind. (4) An act done or omitted to be done on behalf of a person by a representative of the person within the scope of the representative’s actual or apparent authority is also taken to have been done or omitted to be done by the person. (5) However, subsection (4) does not apply if the person establishes that reasonable precautions were taken and appropriate diligence was exercised to avoid the act or omission. (6) A person who is convicted of an offence cannot be punished by imprisonment for the offence if the person would not have been convicted of the offence without subsection (3) or (4). 128 Offences by corporations (1) If a corporation contravenes, whether by an act or omission, a provision of this Act, each person who is an executive officer of the corporation is taken to have contravened the provision if the person knowingly authorised or allowed the contravention. (2) For subsection (1), an executive officer of the corporation may be prosecuted for, and convicted of, the offence whether or not the corporation has been prosecuted for, or convicted of, the offence. (3) This section does not affect any liability imposed on a corporation for an offence committed by the corporation against this Act. Part 10 Procedural and evidentiary provisions Section 129 page 90 Food Act 2001 Effective: 23/06/21 R29 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 129 Right of defendant to have third person before court (1) A defendant charged with an offence against this Act who alleges that the contravention constituting the offence was caused by the act or omission of someone else (the other person) may, in accordance with subsection (2), have the other person brought before the court hearing the charge. (2) The defendant must— (a) give the informant (the original informant) and the court written notice at least 7 days before the return date of the summons (the original summons) issued to the defendant of the defendant’s intention to have the other person brought before the court; and (b) include in the notice particulars of the defendant’s claim that the contravention was caused by the act or omission of the other person and that the defendant took all reasonable precautions and exercised all appropriate diligence to prevent the commission of the offence by the other person; and (c) lay an information against the other person for an offence against this Act. (3) The court must— (a) issue a summons directed to the other person requiring the other person to appear before the court on the date and at the time and place stated in the summons (the other summons); and (b) order that a copy of the information laid against the defendant be served on the other person. (4) If the date stated in the later summons is not the return date for the original summons, the court must— (a) adjourn the hearing of the charge against the defendant to the return date of the later summons; or Procedural and evidentiary provisions Part 10 Section 129 R29 23/06/21 Food Act 2001 Effective: 23/06/21 page 91 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) adjourn the hearing of the charges against both the defendant and the other person to a later date and notify the parties accordingly. (5) On the hearing of the charges, the original informant and the other person— (a) if the defendant gives evidence—may cross-examine the defendant; and (b) may cross-examine any witness called by the defendant; and (c) may call evidence in rebuttal. (6) The court— (a) may convict only the other person if the contravention of the Act is proved and the defendant satisfies the court that the contravention was caused by the act or omission of the other person; and (b) must dismiss the charge against the defendant if, in addition to satisfying the court that the contravention was caused by the act or omission of the other person, the defendant satisfies the court that the defendant took all reasonable precautions and exercised all appropriate diligence to prevent the commission of the offence by the other person. (7) This section does not prevent the court from— (a) convicting either the defendant or the other person or both; or (b) ordering that the proceeding against the other person be heard separately if the court considers that it is necessary in the interests of justice to do so. (8) If the other person is not found guilty of an offence against this Act, the court must order the defendant to pay the costs of the other person or, if the court considers that it would be unjust to make such an order, the court may order the defendant to pay the part of the costs of the other person that the court considers appropriate. Part 10 Procedural and evidentiary provisions Section 130 page 92 Food Act 2001 Effective: 23/06/21 R29 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 130 Alternative defendants (1) This section applies if the chief health officer is of the opinion that an offence against this Act has been committed in relation to which a person (the defendant) may be charged and the chief health officer is satisfied, on reasonable grounds, that— (a) the offence was caused by the act or omission of someone else (the alternative defendant); and (b) the defendant could successfully defend a proceeding using section 129 (Right of defendant to have third person before court). (2) The chief health officer may arrange for a proceeding to be begun against the alternative defendant for the offence without a proceeding first being begun against the defendant. (3) In a proceeding in accordance with this section, the alternative defendant may be charged with the offence with which the defendant might have been charged and, on proof that the offence was caused by the act or omission of the alternative defendant, the alternative defendant may be convicted of the offence. (4) If the alternative defendant is acquitted, the defendant may be prosecuted for, and convicted of, the offence. 131 Renewal or amendment of registration not to affect prosecution The renewal or amendment of the registration of a food business under section 93 (Renewal of registration) or section 97 (Change in details of registration or operation of food business) does not prejudice or otherwise affect any action being taken, or proposed action, in relation to the registration of the food business under section 101 (Procedure for taking action in relation to registration). Procedural and evidentiary provisions Part 10 Section 132 R29 23/06/21 Food Act 2001 Effective: 23/06/21 page 93 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 132 Presumptions In a proceeding for an offence against this Act, it is presumed until the contrary is proved, on the balance of probabilities, that— (a) a substance or thing capable of being used as food that was transported, prepared for sale, intended for sale or sold was transported, prepared for sale, intended for sale or sold for human consumption; and (b) a substance or thing capable of being used as food that was stored on food premises was intended for sale or sold for human consumption; and (c) a substance or thing capable of being used as food is not for human consumption if it is prominently marked as not being for human consumption, or with words to that effect; and (d) food that is part of a batch, lot or consignment of food of the same kind or description is representative of all of the food in the batch, lot or consignment; and (e) each part of a sample of food divided for the purpose of analysis for this Act is of uniform composition with every other part of the sample; and (f) a person who sold food in the conduct of a food business and was not the proprietor of the food business sold the food as the employee of the proprietor; and (g) a person who appears from any statement on a package containing food for sale to have prepared, manufactured, packed or imported the food is the preparer, manufacturer, packager or importer of the food, as appropriate; and (h) food that has been sold to a consumer has been sold at some time by anyone who respectively prepared, manufactured, packed or imported the food. Part 10 Procedural and evidentiary provisions Section 133 page 94 Food Act 2001 Effective: 23/06/21 R29 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 133 Certificate evidence etc (1) This section applies in relation to a proceeding for an offence against this Act. (2) A document that appears to be a copy of a registration, approval, order, notice or authority under this Act is evidence of the registration, approval, order, notice or authority. (3) A certificate that appears to be signed by or on behalf of the chief health officer, and that states any of the following matters, is evidence: (a) that there was, or was not, in force a registration, approval, order, notice or authority in relation to a stated person or people; (b) that a registration, approval, order, notice or authority was or was not subject to stated conditions; (c) of the receipt or otherwise of a notice, application or payment; (d) that an amount of fees or another amount is payable under this Act by a stated person. Note For evidentiary certificates by authorised analysts, see the Public Health Act 1997, s 135A. (4) A certificate that appears to be signed by or on behalf of the chief health officer, and states any matter prescribed by regulation for this section, is evidence of the matter. (5) A certificate mentioned in subsection (3) or (4) may state a matter by reference to a date or period. (6) A court must accept a certificate or other document mentioned in this section as proof of the matters stated in it if there is no evidence to the contrary. http://www.legislation.act.gov.au/a/1997-69 http://www.legislation.act.gov.au/a/1997-69 Procedural and evidentiary provisions Part 10 Section 135 R29 23/06/21 Food Act 2001 Effective: 23/06/21 page 95 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (7) In this section: authority includes an appointment as an authorised analyst or authorised officer or a clearance certificate. notice includes an improvement notice. order means an emergency order (including a recall order) or a prohibition order. registration means registration as a food business. 135 Admissibility of analysis of food sample taken by authorised officer The analysis of a sample of food taken by an authorised officer from a food business is admissible in evidence in a proceeding for an offence against this Act only if— (a) the sample was taken as required by section 73 (Other samples—proprietor to be told sample to be analysed), section 74 (Payment for samples) and section 75 (Samples from packaged food); and (b) the sample has been dealt with as required by section 76 (Procedures for dividing food samples). 136 No defence to claim deterioration of sample It is not a defence in a proceeding for an offence against this Act for a defendant to claim that any part of a sample kept for future comparison with a sample that has been analysed has, from natural causes, deteriorated, perished or undergone any material change in its constitution. Part 10 Procedural and evidentiary provisions Section 137 page 96 Food Act 2001 Effective: 23/06/21 R29 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 137 Power of court to order further analysis (1) This section applies if the court before which a person is being prosecuted for an offence against this Act is satisfied that there is a disagreement between the evidence of the analysts for the parties to the proceeding. (2) The court may order that the part or parts of a sample kept under section 76 (Procedures for dividing food samples) be sent by the chief health officer to an independent analyst. (3) For subsection (2), the order may require the sample to be sent to a particular analyst or to an analyst agreed to by the parties. (4) An analyst who is sent a part or parts of a sample for analysis under this section is to make an analysis for the information of the court. (5) Subject to section 139 (Court may order costs and expenses), the cost of an analysis under this section is payable by the Territory. 138 Disclosure by witnesses (1) In a proceeding for an offence against this Act, a witness for the prosecution is not compelled to disclose the fact that the witness received information, the nature of the information received or the name of the person from whom the information was received. (2) An authorised officer appearing as a witness in a proceeding is not compelled to produce any document containing any confidential matter made or received in the authorised officer’s capacity as an authorised officer. (3) Despite subsections (1) and (2), a court hearing a proceeding for an offence against this Act may order the disclosure of a matter or the production of a document mentioned in subsection (1) or (2) if the court considers that it is necessary in the interests of justice. Procedural and evidentiary provisions Part 10 Section 139 R29 23/06/21 Food Act 2001 Effective: 23/06/21 page 97 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 139 Court may order costs and expenses Without affecting any other power of a court to award costs, a court that hears a proceeding for an offence against this Act may make any order it considers appropriate in relation to costs and expenses in relation to the examination, seizure, detention, storage, analysis (including further analysis), destruction or other disposition of anything the subject of the proceeding. 140 Court may order forfeiture A court that convicts a person, or finds a person guilty, of an offence against this Act may order the forfeiture to the Territory of anything that was used in the commission of the offence. 141 Court may order corrective advertising A court that convicts a person, or finds a person guilty, of an offence against part 3 (Offences relating to food) may make an order requiring the person to disclose to a class of people, or all people, in a stated way, stated information, or information of a stated kind, that the person possesses or to which the person has access. Example—kind of order that court may make an advertisement in a stated form at the person’s expense Part 11 Notification and review of decisions Section 141A page 98 Food Act 2001 Effective: 23/06/21 R29 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 11 Notification and review of decisions 141A Meaning of reviewable decision—pt 11 In this part: reviewable decision means a decision mentioned in schedule 1, column 3 under a provision of this Act mentioned in column 2 in relation to the decision. 141B Reviewable decision notices If a person makes a reviewable decision, the person must give a reviewable decision notice to each entity mentioned in schedule 1, column 4 in relation to the decision. Note 1 The person must also take reasonable steps to give a reviewable decision notice to any other person whose interests are affected by the decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A). Note 2 The requirements for reviewable decision notices are prescribed under the ACT Civil and Administrative Tribunal Act 2008. 141C Applications for review The following may apply to the ACAT for review of a reviewable decision: (a) an entity mentioned in schedule 1, column 4 in relation to the decision; (b) any other person whose interests are affected by the decision. Note If a form is approved under the ACT Civil and Administrative Tribunal Act 2008 for the application, the form must be used. http://www.legislation.act.gov.au/a/2008-35 http://www.legislation.act.gov.au/a/2008-35 http://www.legislation.act.gov.au/a/2008-35 http://www.legislation.act.gov.au/a/2008-35 Miscellaneous Part 12 Section 142 R29 23/06/21 Food Act 2001 Effective: 23/06/21 page 99 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 12 Miscellaneous 142 Joint liability for amounts payable to the Territory If an amount payable to the Territory under this Act is owed by 2 or more people, their liability for the debt is joint and several. 144 Protection from liability (1) In this section: official means— (a) the Minister; or (b) the chief health officer; or (c) an authorised officer; or (d) anyone else exercising functions under this Act. (2) An official does not incur civil or criminal liability for an act or omission done honestly and without negligence for this Act. (3) A civil liability that would, apart from this section, attach to an official attaches instead to the Territory. 145 Secrecy (1) In this section: court includes any tribunal or other entity having power to require the production of documents or the answering of questions. person to whom this section applies means— (a) a person who is or has been an authorised officer; or (b) anyone else who has exercised a function under this Act. Part 12 Miscellaneous Section 145 page 100 Food Act 2001 Effective: 23/06/21 R29 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au produce includes permit access to. protected information means information obtained under this Act in relation to manufacturing secrets or commercial secrets or working processes. (2) A person to whom this section applies must not— (a) make a record of protected information; or (b) directly or indirectly, divulge or communicate to a person protected information about someone else; unless the record is made, or the information divulged or communicated, in relation to the exercise of a function, as a person to whom this section applies, under this Act, another territory law or another law applying in the ACT. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. (3) Subsection (2) does not prevent a person to whom this section applies from divulging or communicating protected information— (a) with the consent of the person from whom the information was obtained; or (b) to a person administering or enforcing a law of another jurisdiction that corresponds to this Act or another law prescribed by regulation for this paragraph; or (c) to the food authority; or (d) to a law enforcement authority. (4) A person to whom this section applies need not divulge or communicate protected information to a court, or produce a document containing protected information to a court, unless it is necessary to do so for this Act, another territory law or another law applying in the ACT. Miscellaneous Part 12 Section 146 R29 23/06/21 Food Act 2001 Effective: 23/06/21 page 101 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 146 Publication of details of food businesses related to offences (1) In this section: representative of the person means— (a) if the person is an individual—an employee or agent of the person; or (b) if the person is a corporation—an employee, agent or executive officer of the person. (2) This section applies to a person if the person, or a representative of the person, is convicted, or found guilty, of an offence against this Act in relation to the handling of food intended for sale or the sale of food. (3) The chief health officer— (a) must publish a notice about the conviction, or finding of guilt, on a register kept by the chief health officer; and (b) if the chief health officer considers it in the public interest—may give public notice about the conviction, or finding of guilt. Note Public notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act, dict, pt 1). (4) A notice published on the register may be kept on the register for not more than 2 years. (5) The chief health officer may— (a) correct any mistake, error or omission in the register, subject to any requirements prescribed by regulation; and (b) change a detail included in the register to keep the register up-to date. http://www.legislation.act.gov.au/a/2001-14 Part 12 Miscellaneous Section 146 page 102 Food Act 2001 Effective: 23/06/21 R29 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (6) The register— (a) may be kept in any form the chief health officer considers appropriate; and (b) must, as far as practicable, be available for public inspection, free of charge, during normal business hours on any business day. (7) A notice may contain— (a) the person’s name; and (b) the business name under which the person conducts the food business in relation to which the offence was committed; and (c) the address of the food business concerned; and (d) a description of the offence, the decision of the court and the penalty imposed on the person or a representative of the person (including the forfeiture of anything under this Act); and (e) any other information in relation to the safety of the food concerned that the chief health officer considers is appropriate. (8) A notice must be published after— (a) the time for making an appeal against the conviction, or finding of guilt, ends without an application for an appeal being made; or (b) if an appeal is made against the conviction or finding of guilt— the defendant’s conviction, or the finding of guilt, is confirmed on appeal, and the time for making any further appeal in relation to the conviction or finding of guilt ends without an application for an appeal being made; or Miscellaneous Part 12 Section 149 R29 23/06/21 Food Act 2001 Effective: 23/06/21 page 103 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (c) if on appeal a court directs that the defendant be retried and the defendant is convicted, or found guilty, of an offence against this Act—paragraph (a) or (b) applies to that conviction or finding of guilt. Note A notice must be published as soon as possible after the time mentioned in s (8) (a), (b) or (c) (whichever applies) (see Legislation Act, s 151B). (9) No liability is incurred by a person or the Territory for publishing honestly— (a) a notice under this section; or (b) a fair report or summary of such a notice. 149 Codes of practice (1) The Minister may approve codes of practice setting out minimum standards or guidelines for this Act. (2) An approved code of practice may apply, adopt or incorporate a law or instrument, or a provision of a law or instrument, as in force from time to time. Note 1 The text of an applied, adopted or incorporated law or instrument, whether applied as in force from time to time or as at a particular time, is taken to be a notifiable instrument if the operation of the Legislation Act, s 47 (5) or (6) is not disapplied (see s 47 (7)). Note 2 A notifiable instrument must be notified under the Legislation Act. (3) An approval of a code of practice is a disallowable instrument. Note A disallowable instrument must be notified and presented to the Legislative Assembly, under the Legislation Act. http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 Part 12 Miscellaneous Section 150 page 104 Food Act 2001 Effective: 23/06/21 R29 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (4) A person commits an offence if the person fails to comply with a code of practice for— (a) handling food intended for sale; or (b) the sale of food; or (c) equipment. Maximum penalty: 50 penalty units. (5) An offence against this section is a strict liability offence. (6) In this section: law includes a law of another jurisdiction. 150 Determination of fees (1) The Minister may determine fees for this Act. Note The Legislation Act contains provisions about the making of determinations and regulations relating to fees (see pt 6.3). (2) A determination is a disallowable instrument. Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act. 152 Regulation-making power (1) The Executive may make regulations for this Act. Note A regulation must be notified, and presented to the Legislative Assembly, under the Legislation Act. (2) A regulation may make provision in relation to— (a) the preparation, carrying out, maintenance and monitoring of food safety programs for food businesses to ensure that the provisions of this Act (including the food standards code) are complied with; and http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 Miscellaneous Part 12 Section 153 R29 23/06/21 Food Act 2001 Effective: 23/06/21 page 105 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) the requirements for eligibility to become, or remain, a food safety supervisor; and (c) the functions of food safety supervisors; and (d) any other matter relating to the management or conduct of food safety supervisors. (3) A regulation may apply, adopt or incorporate a law or instrument, or a provision of a law or instrument, as in force from time to time. (4) A regulation may prescribe offences for contraventions of a regulation and prescribe maximum penalties of not more than 20 penalty units for offences against a regulation. (5) In this section: law includes a law of another jurisdiction. 153 Temporary emergency regulations (1) A regulation may be made under this section that contain provisions that are in addition to, or in substitution for, 1 or more of the provisions of the food standards code as the provisions of the code apply in the ACT. (2) A regulation mentioned in subsection (1) may be made only if the Minister has certified that the regulation is necessary as it relates to an issue of public health and safety. (3) A provision of a regulation mentioned in subsection (1) does not continue in force— (a) except as provided by paragraph (b)—for longer than 1 year; or (b) if the provision is the same in substance as a provision of a regulation that was previously in force under this Act—for a period that, when added to the period for which that previous provision was in force, is longer than 1 year. Schedule 1 Reviewable decisions page 106 Food Act 2001 Effective: 23/06/21 R29 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Schedule 1 Reviewable decisions (see pt 11) column 1 item column 2 provision column 3 decision column 4 entity 1 44 (5) Minister—refuse to pay compensation, or amount of compensation paid, for emergency order applicant for compensation 2 86 authorised officer—refuse to issue clearance certificate proprietor of food business 3 88 (5) Minister—refuse to pay compensation, or amount of compensation paid, for prohibition order applicant for compensation 4 92 (3) chief health officer—register/refuse to register food business applicant for registration 5 93 (2) chief health officer—renew/refuse to renew registration of food business proprietor of food business 6 94 (1) chief health officer—register/renew registration of food business subject to condition applicant for registration or renewal of registration Reviewable decisions Schedule 1 R29 23/06/21 Food Act 2001 Effective: 23/06/21 page 107 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au column 1 item column 2 provision column 3 decision column 4 entity 7 94 (2) chief health officer—amend registration of food business to impose condition or amend/revoke existing condition proprietor of registered food business 8 97 (4) chief health officer—refuse to amend registration of food business applicant for amendment of registration 9 101 (3) chief health officer—suspend/cancel registration of food business/length of suspension of registration of food business/ impose condition or amend existing condition proprietor of registered food business 10 102 chief health officer—suspend registration of food business proprietor of registered food business Dictionary page 108 Food Act 2001 Effective: 23/06/21 R29 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Dictionary (see s 4) Note 1 The Legislation Act contains definitions and other provisions relevant to this Act. Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms: • ACAT • chief health officer • exercise • found guilty • function • home address • reviewable decision notice. advertisement means— (a) any words, whether written or spoken; or (b) any pictorial representation or design; or (c) any other representation by any means at all; used or apparently used to promote, directly or indirectly, the sale of food. analysis includes any examination or testing of food or anything else. animal includes an amphibian, bird, crustacean, fish, mollusc or reptile. approved code of practice means a code of practice approved under section 149 (1). approved food safety training course, for part 9A (Food safety supervisors)—see section 116. http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 Dictionary R29 23/06/21 Food Act 2001 Effective: 23/06/21 page 109 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au authorised analyst means an analyst under the Public Health Act 1997, section 15 who is authorised under that Act to exercise a function under this Act. Note Analyst includes the government analyst (see Public Health Act 1997, dict). authorised officer means a public health officer who is authorised under the Public Health Act 1997, section 12A (2) (Functions of public health officers) to exercise a function under this Act. certificate of registration, for a food business, means a certificate of registration issued under section 96 (1) for the business. clearance certificate means a clearance certificate issued under section 86 (2). closure notice means a notice required under section 84A (2) (Display of closure notices). Commonwealth Act means the Food Standards Australia New Zealand Act 1991 (Cwlth). connected, with an offence, for part 5 (Inspection and seizure powers)—see section 45. disciplinary notice—see section 101 (1) (Procedure for taking action in relation to registration). displayed for sale—see section 9 (2) (Meaning of sell etc). dispose, of food, for part 4 (Emergency powers)—see section 37. emergency order—see section 38. engage in conduct means— (a) do an act; or (b) omit to do an act. http://www.legislation.act.gov.au/a/1997-69 http://www.legislation.act.gov.au/a/1997-69 http://www.legislation.act.gov.au/a/1997-69 http://www.legislation.act.gov.au/a/1997-69 http://www.comlaw.gov.au/Series/C2004A04193 http://www.comlaw.gov.au/Series/C2004A04193 Dictionary page 110 Food Act 2001 Effective: 23/06/21 R29 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au equipment means all or part of— (a) any utensil, machinery, instrument, device, apparatus or appliance that is used, or that is designed or intended for use, in relation to the handling of food; or (b) any substance, utensil, machinery, instrument, device, apparatus or appliance that is used, or that is designed or intended for use, in cleaning anything mentioned in paragraph (a). examine includes inspect, weigh, count, test or measure. executive officer, of a corporation, means a person, by whatever name called and whether or not the person is a director of the corporation, who is concerned with, or takes part in, the corporation’s management. falsely described, for part 3 (Offences relating to food)—see section 15 (False descriptions of food). food—see section 8. food authority—see the Commonwealth Act, section 4 (1), definition of authority. Note Authority is defined to mean Food Standards Australia New Zealand. food business—see section 10. food business register—see section 105. food safety standard—see the Commonwealth Act, section 4 (1), definition of standard. food safety supervisor, for a registered food business, for part 9A (Food safety supervisors)—see section 116. food safety training approval guidelines, for part 9A (Food safety supervisors)—see section 116. food safety training course, for part 9A (Food safety supervisors)— see section 116. food standards code—see section 13A. http://www.comlaw.gov.au/Series/C2004A04193 http://www.comlaw.gov.au/Series/C2004A04193 Dictionary R29 23/06/21 Food Act 2001 Effective: 23/06/21 page 111 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au food transport vehicle means a vehicle used for the transport of food intended for sale. handling, of food, includes the making, manufacturing, producing, collecting, extracting, processing, storing, transporting, delivering, preparing, treating, preserving, packing, cooking, thawing, serving or displaying of food. identity card means an identity card issued under the Public Health Act 1997, section 16. improvement notice means an improvement notice served under section 79 (Service of improvement notices). label includes any tag, brand, mark or statement in writing or any representation or design or other descriptive matter on or attached to or used or displayed in relation to or accompanying any food or package. menu, for part 9 (Display of nutritional information for food)—see section 107. occupier, for part 5 (Inspection and seizure powers)—see section 45. offence, for part 5 (Inspection and seizure powers)—see section 45. package includes any container or wrapper in or by which food intended for sale is completely or partly encased, covered, enclosed, contained or packed and, for food carried or sold or intended to be carried or sold in more than 1 package, includes every such package. place of seizure, for part 5 (Inspection and seizure powers)—see section 52 (6) (a) (Power to seize things). http://www.legislation.act.gov.au/a/1997-69 http://www.legislation.act.gov.au/a/1997-69 Dictionary page 112 Food Act 2001 Effective: 23/06/21 R29 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au premises includes— (a) land (whether or not vacant); or (b) any part of a building, tent, stall or other structure (whether of a permanent or temporary nature); or (c) a pontoon; or (d) a food transport vehicle or any other vehicle. primary food production—see section 11. prohibition order means a prohibition order served under section 82. proprietor, of a food business, means— (a) the person conducting the food business; or (b) if that person cannot be identified—the person in charge of the food business. ready-to-eat food, for part 9 (Display of nutritional information for food)—see section 107. recall order, for part 4 (Emergency orders)—see section 37. registered, in relation to a food business, means registered under section 92. registered training organisation, for part 9A (Food safety supervisors)—see section 116. regulated event means an event declared under section 91. reviewable decision, for part 11 (Notification and review of decisions)—see section 141A. sell—see section 9 (1). site, for a registered food business, for part 9A (Food safety supervisors)—see section 116. standard food item, for part 9 (Display of nutritional information for food)—see section 108. Dictionary R29 23/06/21 Food Act 2001 Effective: 23/06/21 page 113 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au standard food outlet, for part 9 (Display of nutritional information for food)—see section 109. statement of attainment, held by a person, for part 9A (Food safety supervisors)—see section 116. unsafe, in relation to food—see section 12. unsuitable, in relation to food—see section 13. vehicle means any means of transport, whether or not self-propelled, and whether used on land or water or in the air. Endnotes 1 About the endnotes page 114 Food Act 2001 Effective: 23/06/21 R29 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Endnotes 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office. Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. 2 Abbreviation key A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired http://www.legislation.act.gov.au/a/2001-14 Endnotes Legislation history 3 R29 23/06/21 Food Act 2001 Effective: 23/06/21 page 115 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 3 Legislation history Food Act 2001 A2001-66 notified 10 September 2001 (Gaz 2001 No S66) s 1, s 2 commenced 10 September 2001 (IA s 10B) remainder commenced 10 March 2002 (s 2 and LA s 79) as modified by Food Regulations 2002 SL2002-10 (as am by SL2002-14 reg 4, reg 5) notified LR 7 May 2002 commenced 8 May 2002 (reg 2) Food Amendment Regulations 2002 SL2002-14 reg 4, reg 5 notified LR 11 June 2002 commenced 11 June 2002 (reg 2) Note 1 mod exp 10 March 2003 (SL2002-10 reg 17) Note 2 This regulation only amends the Food Regulations 2002 SL2002-10. as amended by Statute Law Amendment Act 2002 A2002-30 pt 3.31 notified LR 16 September 2002 s 1, s 2 taken to have commenced 19 May 1997 (LA s 75 (2)) pt 3.31 commenced 17 September 2002 (s 2 (1)) Construction Occupations Legislation Amendment Act 2004 A2004-13 sch 2 pt 2.13 notified LR 26 March 2004 s 1, s 2 commenced 26 March 2004 (LA s 75 (1)) sch 2 pt 2.13 commenced 1 September 2004 (s 2 and see Construction Occupations (Licensing) Act 2004 A2004-12, s 2 and CN2004-8) Criminal Code (Theft, Fraud, Bribery and Related Offences) Amendment Act 2004 A2004-15 sch 1 pt 1.17, sch 2 pt 2.38 notified LR 26 March 2004 s 1, s 2 commenced 26 March 2004 (LA s 75 (1)) sch 1 pt 1.17, sch 2 pt 2.38 commenced 9 April 2004 (s 2 (1)) http://www.legislation.act.gov.au/sl/2002-10 http://www.legislation.act.gov.au/sl/2002-14 http://www.legislation.act.gov.au/sl/2002-14 http://www.legislation.act.gov.au/sl/2002-10 http://www.legislation.act.gov.au/sl/2002-10 http://www.legislation.act.gov.au/a/2002-30 http://www.legislation.act.gov.au/a/2004-13 http://www.legislation.act.gov.au/a/2004-12 http://www.legislation.act.gov.au/cn/2004-8/default.asp http://www.legislation.act.gov.au/a/2004-15 http://www.legislation.act.gov.au/a/2004-15 Endnotes 3 Legislation history page 116 Food Act 2001 Effective: 23/06/21 R29 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Statute Law Amendment Act 2004 A2004-42 sch 3 pt 3.9 notified LR 11 August 2004 s 1, s 2 commenced 11 August 2004 (LA s 75 (1)) sch 3 pt 3.9 commenced 25 August 2004 (s 2 (1)) Statute Law Amendment Act 2005 A2005-20 sch 3 pt 3.23 notified LR 12 May 2005 s 1, s 2 taken to have commenced 8 March 2005 (LA s 75 (2)) sch 3 pt 3.23 commenced 12 November 2005 (s 2 (2) and LA s 79) Sentencing Legislation Amendment Act 2006 A2006-23 sch 1 pt 1.20 notified LR 18 May 2006 s 1, s 2 commenced 18 May 2006 (LA s 75 (1)) sch 1 pt 1.20 commenced 2 June 2006 (s 2 (1) and see Crimes (Sentence Administration) Act 2005 A2005-59 s 2, Crimes (Sentencing) Act 2005 A2005-58, s 2 and LA s 79) Health Legislation Amendment Act 2006 (No 2) A2006-46 sch 2 pt 2.6 notified LR 17 November 2006 s 1, s 2 commenced 17 November 2006 (LA s 75 (1)) sch 2 pt 2.6 commenced 18 November 2006 (s 2 (1)) Statute Law Amendment Act 2007 (No 2) A2007-16 sch 3 pt 3.15 notified LR 20 June 2007 s 1, s 2 taken to have commenced 12 April 2007 (LA s 75 (2)) sch 3 pt 3.15 commenced 11 July 2007 (s 2 (1)) Children and Young People (Consequential Amendments) Act 2008 A2008-20 sch 2 pt 2.8, sch 3 pt 3.14 notified LR 17 July 2008 s 1, s 2 commenced 17 July 2008 (LA s 75 (1)) s 3 commenced 18 July 2008 (s 2 (1)) sch 2 pt 2.8 commenced 9 September 2008 (s 2 (3) and see Children and Young People Act 2008 A2008-19, s 2 and CN2008-13) sch 3 pt 3.14 commenced 27 October 2008 (s 2 (4) and see Children and Young People Act 2008 A2008-19, s 2 and CN2008-13) Medicines, Poisons and Therapeutic Goods Act 2008 A2008-26 sch 2 pt 2.11 notified LR 14 August 2008 s 1, s 2 commenced 14 August 2008 (LA s 75 (1)) sch 2 pt 2.11 commenced 14 February 2009 (s 2 and LA s 79) http://www.legislation.act.gov.au/a/2004-42 http://www.legislation.act.gov.au/a/2005-20 http://www.legislation.act.gov.au/a/2006-23 http://www.legislation.act.gov.au/a/2005-59 http://www.legislation.act.gov.au/a/2005-59 http://www.legislation.act.gov.au/a/2005-58 http://www.legislation.act.gov.au/a/2005-58 http://www.legislation.act.gov.au/a/2006-46 http://www.legislation.act.gov.au/a/2007-16 http://www.legislation.act.gov.au/a/2008-20 http://www.legislation.act.gov.au/a/2008-19 http://www.legislation.act.gov.au/a/2008-19 http://www.legislation.act.gov.au/cn/2008-13/default.asp http://www.legislation.act.gov.au/a/2008-19 http://www.legislation.act.gov.au/a/2008-19 http://www.legislation.act.gov.au/cn/2008-13/default.asp http://www.legislation.act.gov.au/a/2008-26 Endnotes Legislation history 3 R29 23/06/21 Food Act 2001 Effective: 23/06/21 page 117 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Statute Law Amendment Act 2008 A2008-28 sch 3 pt 3.27 notified LR 12 August 2008 s 1, s 2 commenced 12 August 2008 (LA s 75 (1)) sch 3 pt 3.27 commenced 26 August 2008 (s 2) ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 (No 2) A2008-37 sch 1 pt 1.44 notified LR 4 September 2008 s 1, s 2 commenced 4 September 2008 (LA s 75 (1)) sch 1 pt 1.44 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2) Statute Law Amendment Act 2009 (No 2) A2009-49 sch 3 pt 3.33 notified LR 26 November 2009 s 1, s 2 commenced 26 November 2009 (LA s 75 (1)) sch 3 pt 3.33 commenced 17 December 2009 (s 2) Food (Nutritional Information) Amendment Act 2011 A2011-32 pt 2 (as am by A2012-4 sch 2 pt 2.1) notified LR 5 September 2011 s 1, s 2 commenced 5 September 2011 (LA s 75 (1)) pt 2 commenced 1 January 2013 (s 2) Food Amendment Act 2012 A2012-4 notified LR 1 March 2012 s 1, s 2 commenced 1 March 2012 (LA s 75 (1)) ss 3-6, ss 8-10, s 13, sch 1, sch 2 pt 2.2 commenced 2 March 2012 (s 2 (1)) sch 2 pt 2.1 commenced 1 January 2013 (s 2 (2) and see Food (Nutritional Information) Amendment Act 2011 A2011-32, s 2) remainder commenced 1 September 2013 (s 2 (4)) Statute Law Amendment Act 2013 (No 2) A2013-44 sch 3 pt 3.9 notified LR 11 November 2013 s 1, s 2 commenced 11 November 2013 (LA s 75 (1)) sch 3 pt 3.9 commenced 25 November 2013 (s 2) Training and Tertiary Education Amendment Act 2014 A2014-48 sch 1 pt 1.10 notified LR 6 November 2014 s 1, s 2 commenced 6 November 2014 (LA s 75 (1)) sch 1 pt 1.10 commenced 20 November 2014 (s 2) http://www.legislation.act.gov.au/a/2008-28 http://www.legislation.act.gov.au/a/2008-37 http://www.legislation.act.gov.au/a/2008-37 http://www.legislation.act.gov.au/a/2008-35 http://www.legislation.act.gov.au/a/2008-35 http://www.legislation.act.gov.au/cn/2009-2/default.asp http://www.legislation.act.gov.au/a/2009-49 http://www.legislation.act.gov.au/a/2011-32 http://www.legislation.act.gov.au/a/2012-4 http://www.legislation.act.gov.au/a/2012-4 http://www.legislation.act.gov.au/a/2011-32 http://www.legislation.act.gov.au/a/2011-32 http://www.legislation.act.gov.au/a/2013-44 http://www.legislation.act.gov.au/a/2014-48 Endnotes 3 Legislation history page 118 Food Act 2001 Effective: 23/06/21 R29 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Food Amendment Act 2014 A2014-57 pt 2 notified LR 4 December 2014 s 1, s 2 commenced 4 December 2014 (LA s 75 (1)) ss 7-9, ss 12-14, ss 27-29 commenced 1 January 2015 (s 2 and CN2014-17) pt 2 remainder commenced 20 April 2015 (s 2 and CN2014-17) Red Tape Reduction Legislation Amendment Act 2015 A2015-33 sch 1 pt 1.29 notified LR 30 September 2015 s 1, s 2 commenced 30 September 2015 (LA s 75 (1)) sch 1 pt 1.29 commenced 14 October 2015 (s 2) Red Tape Reduction Legislation Amendment Act 2018 A2018-33 sch 1 pt 1.16 notified LR 25 September 2018 s 1, s 2 commenced 25 September 2018 (LA s 75 (1)) sch 1 pt 1.16 commenced 23 October 2018 (s 2 (4)) Statute Law Amendment Act 2021 A2021-12 sch 3 pt 3.19 notified LR 9 June 2021 s 1, s 2 commenced 9 June 2021 (LA s 75 (1)) sch 3 pt 3.19 commenced 23 June 2021 (s 2 (1)) http://www.legislation.act.gov.au/a/2014-57 http://www.legislation.act.gov.au/cn/2014-17/default.asp http://www.legislation.act.gov.au/cn/2014-17/default.asp http://www.legislation.act.gov.au/a/2015-33/default.asp http://www.legislation.act.gov.au/a/2018-33/default.asp http://www.legislation.act.gov.au/a/2021-12/ Endnotes Amendment history 4 R29 23/06/21 Food Act 2001 Effective: 23/06/21 page 119 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 4 Amendment history Commencement s 2 om R1 LA Offences against Act—application of Criminal Code etc s 5A ins A2011-32 s 4 (om by A2012-4 amdt 2.1) ins A2012-4 amdt 1.1 Application of Act to primary food production s 6 am A2014-57 s 4 Application of Act to water suppliers s 7 am A2012-4 amdt 1.2; A2014-57 s 5 Application of Act to certain food businesses s 7A ins A2014-57 s 6 Meaning of food s 8 am A2013-44 amdt 3.93 Meaning of sell etc s 9 am A2006-23 amdt 1.203; A2008-20 amdt 2.19, amdt 3.28 Meaning of primary food production s 11 am A2013-44 amdt 3.93 Meaning of food standards code s 13A ins A2013-44 amdt 3.78 False descriptions of food s 15 am A2012-4 amdt 1.3; A2013-44 amdt 3.79 Serious offences relating to food div 3.2 hdg sub A2012-4 amdt 1.4 Knowingly handling food in unsafe way s 16 sub A2012-4 amdt 1.4 Knowingly selling unsafe food s 17 sub A2012-4 amdt 1.4 Knowingly describing food falsely s 18 sub A2012-4 amdt 1.4 Other offences relating to food div 3.3 hdg sub A2012-4 amdt 1.4 Negligently handling food in unsafe way s 19 sub A2012-4 amdt 1.4 Negligently selling unsafe food s 20 sub A2012-4 amdt 1.4 http://www.legislation.act.gov.au/a/2011-32 http://www.legislation.act.gov.au/a/2012-4 http://www.legislation.act.gov.au/a/2012-4 http://www.legislation.act.gov.au/a/2014-57 http://www.legislation.act.gov.au/a/2012-4 http://www.legislation.act.gov.au/a/2014-57 http://www.legislation.act.gov.au/a/2014-57 http://www.legislation.act.gov.au/a/2013-44 http://www.legislation.act.gov.au/a/2006-23 http://www.legislation.act.gov.au/a/2008-20 http://www.legislation.act.gov.au/a/2013-44 http://www.legislation.act.gov.au/a/2013-44 http://www.legislation.act.gov.au/a/2012-4 http://www.legislation.act.gov.au/a/2013-44 http://www.legislation.act.gov.au/a/2012-4 http://www.legislation.act.gov.au/a/2012-4 http://www.legislation.act.gov.au/a/2012-4 http://www.legislation.act.gov.au/a/2012-4 http://www.legislation.act.gov.au/a/2012-4 http://www.legislation.act.gov.au/a/2012-4 http://www.legislation.act.gov.au/a/2012-4 Endnotes 4 Amendment history page 120 Food Act 2001 Effective: 23/06/21 R29 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Negligently describing food falsely s 21 sub A2012-4 amdt 1.4 Handling and sale of unsafe food s 22 sub A2012-4 amdt 1.4 Handling and sale of unsuitable food s 23 sub A2012-4 amdt 1.4 Misleading conduct relating to sale of food s 24 sub A2012-4 amdt 1.4 Sale of food not complying with purchaser’s demand s 25 sub A2012-4 amdt 1.4 Sale of unfit equipment or packaging or labelling material s 26 sub A2012-4 amdt 1.4 Compliance with food standards code s 27 sub A2012-4 amdt 1.4 Defence relating to publication of advertisements s 28 sub A2012-4 amdt 1.5 Defence relating to food for export s 29 sub A2012-4 amdt 1.5 Defence of appropriate diligence s 30 am A2013-44 amdt 3.93 Defence in relation to handling food s 31 sub A2012-4 amdt 1.5 Defence of mistaken and reasonable belief not available s 33 om A2012-4 amdt 1.7 Alternative verdicts for handling food in unsafe way s 35 am A2012-4 amdt 1.8 Alternative verdicts for selling unsafe food s 36 am A2012-4 amdt 1.9 Nature of emergency orders s 39 am A2013-44 amdt 3.79 Special provisions relating to recall orders s 40 am A2013-44 amdt 3.79 How orders are made s 41 am A2002-30 amdt 3.375; A2015-33 amdt 1.90 Contravening emergency order s 43 sub A2012-4 amdt 1.10 http://www.legislation.act.gov.au/a/2012-4 http://www.legislation.act.gov.au/a/2012-4 http://www.legislation.act.gov.au/a/2012-4 http://www.legislation.act.gov.au/a/2012-4 http://www.legislation.act.gov.au/a/2012-4 http://www.legislation.act.gov.au/a/2012-4 http://www.legislation.act.gov.au/a/2012-4 http://www.legislation.act.gov.au/a/2012-4 http://www.legislation.act.gov.au/a/2012-4 http://www.legislation.act.gov.au/a/2013-44 http://www.legislation.act.gov.au/a/2012-4 http://www.legislation.act.gov.au/a/2012-4 http://www.legislation.act.gov.au/a/2012-4 http://www.legislation.act.gov.au/a/2012-4 http://www.legislation.act.gov.au/a/2013-44 http://www.legislation.act.gov.au/a/2013-44 http://www.legislation.act.gov.au/a/2002-30 http://www.legislation.act.gov.au/a/2015-33 http://www.legislation.act.gov.au/a/2012-4 Endnotes Amendment history 4 R29 23/06/21 Food Act 2001 Effective: 23/06/21 page 121 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Warrants s 49 am A2004-42 amdt 3.45 Warrants—application made other than in person s 50 am A2004-42 amdt 3.46; A2018-33 amdt 1.29, amdt 1.30 General powers of authorised officers s 51 am A2002-30 amdt 3.376; A2012-4 amdt 1.11; ss renum R19 LA; A2013-44 amdt 3.79, amdt 3.80 Power to seize things s 52 am A2004-42 amdt 3.47; A2012-4 amdt 1.12 Power to destroy decomposed food etc s 53 am A2012-4 amdt 1.13; ss renum R19 LA; A2013-44 amdt 3.81 Power to require name and address s 54 sub A2012-4 amdt 1.14 Return of things seized s 57 am A2005-20 amdt 3.156 Order for return of seized thing s 59 am A2013-44 amdt 3.81 Selfincrimination s 64 om A2002-30 amdt 3.377 Legal professional privilege s 65 om A2002-30 amdt 3.377 Providing false or misleading information s 66 om A2004-15 amdt 2.86 Providing false or misleading documents s 67 om A2004-15 amdt 2.86 Hindering or obstructing authorised officer s 68 om A2004-15 amdt 2.86 Pretending to be an authorised officer s 69 om A2004-15 amdt 2.86 Procedures for dividing food samples s 76 am A2008-28 amdt 3.91; A2009-49 amdt 3.75 Certificates of analysis by authorised analysts s 78 am A2008-26 amdt 2.70; A2021-12 amdt 3.41 Service of improvement notices s 79 am A2002-30 amdt 3.378 Contents of improvement notices s 80 am A2013-44 amdt 3.81 http://www.legislation.act.gov.au/a/2004-42 http://www.legislation.act.gov.au/a/2004-42 http://www.legislation.act.gov.au/a/2018-33/default.asp http://www.legislation.act.gov.au/a/2002-30 http://www.legislation.act.gov.au/a/2012-4 http://www.legislation.act.gov.au/a/2013-44 http://www.legislation.act.gov.au/a/2004-42 http://www.legislation.act.gov.au/a/2012-4 http://www.legislation.act.gov.au/a/2012-4 http://www.legislation.act.gov.au/a/2013-44 http://www.legislation.act.gov.au/a/2012-4 http://www.legislation.act.gov.au/a/2005-20 http://www.legislation.act.gov.au/a/2013-44 http://www.legislation.act.gov.au/a/2002-30 http://www.legislation.act.gov.au/a/2002-30 http://www.legislation.act.gov.au/a/2004-15 http://www.legislation.act.gov.au/a/2004-15 http://www.legislation.act.gov.au/a/2004-15 http://www.legislation.act.gov.au/a/2004-15 http://www.legislation.act.gov.au/a/2008-28 http://www.legislation.act.gov.au/a/2009-49 http://www.legislation.act.gov.au/a/2008-26 http://www.legislation.act.gov.au/a/2021-12/ http://www.legislation.act.gov.au/a/2002-30 http://www.legislation.act.gov.au/a/2013-44 Endnotes 4 Amendment history page 122 Food Act 2001 Effective: 23/06/21 R29 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Service of prohibition orders s 82 am A2002-30 amdt 3.379 Contents of prohibition orders s 83 am A2013-44 amdt 3.81 Scope of improvement notices and prohibition orders s 84 am A2004-42 amdt 3.48; A2013-44 amdt 3.81, amdt 3.82 Display of closure notices s 84A ins A2012-4 s 4 am A2014-57 s 7, s 8 Contents of closure notices s 84B ins A2012-4 s 4 Proprietor to maintain closure notice s 84C ins A2012-4 s 4 sub A2014-57 s 9 Contravention of improvement notices and prohibition orders s 87 sub A2012-4 s 5 Registration of food businesses pt 8 hdg sub A2014-57 s 10 Notification and registration of food businesses pt 8 hdg notes exp 10 June 2002 (s 159) Offence—food business not registered or exempt s 89 sub A2014-57 s 11 Food businesses exempt from registration s 90 sub A2012-4 amdt 1.15; A2014-57 s 11 Regulated events s 91 sub A2012-4 amdt 1.16; A2014-57 s 11 Registration of food businesses s 92 am A2004-15 amdt 1.19; A2004-13 amdt 2.47; A2013-44 amdt 3.93; A2014-57 s 12; A2021-12 amdt 3.41 Renewal of registration s 93 am A2014-57 s 13 Issue or amendment of registration subject to conditions s 94 hdg sub A2002-30 amdt 3.380 Certificate of registration s 96 am A2014-57 s 14 Change in details of registration or operation of food business s 97 am A2004-13 amdt 2.48; A2012-4 amdt 1.17; ss renum R19 LA; A2021-12 amdt 3.41 http://www.legislation.act.gov.au/a/2002-30 http://www.legislation.act.gov.au/a/2013-44 http://www.legislation.act.gov.au/a/2004-42 http://www.legislation.act.gov.au/a/2013-44 http://www.legislation.act.gov.au/a/2012-4 http://www.legislation.act.gov.au/a/2014-57 http://www.legislation.act.gov.au/a/2012-4 http://www.legislation.act.gov.au/a/2012-4 http://www.legislation.act.gov.au/a/2014-57 http://www.legislation.act.gov.au/a/2012-4 http://www.legislation.act.gov.au/a/2014-57 http://www.legislation.act.gov.au/a/2014-57 http://www.legislation.act.gov.au/a/2012-4 http://www.legislation.act.gov.au/a/2014-57 http://www.legislation.act.gov.au/a/2012-4 http://www.legislation.act.gov.au/a/2014-57 http://www.legislation.act.gov.au/a/2004-15 http://www.legislation.act.gov.au/a/2004-13 http://www.legislation.act.gov.au/a/2013-44 http://www.legislation.act.gov.au/a/2014-57 http://www.legislation.act.gov.au/a/2021-12/ http://www.legislation.act.gov.au/a/2014-57 http://www.legislation.act.gov.au/a/2002-30 http://www.legislation.act.gov.au/a/2014-57 http://www.legislation.act.gov.au/a/2004-13 http://www.legislation.act.gov.au/a/2012-4 http://www.legislation.act.gov.au/a/2021-12/ Endnotes Amendment history 4 R29 23/06/21 Food Act 2001 Effective: 23/06/21 page 123 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Registration certificate must be displayed s 98A ins A2012-4 s 6 Food business to be conducted in accordance with registration conditions s 99 am A2004-15 amdt 1.20 sub A2012-4 amdt 1.18 Procedure for taking action in relation to registration s 101 am A2002-30 amdt 3.381 Infringement notices for certain offences pt 9 hdg om A2005-20 amdt 3.157 Preliminary div 9.1 hdg om A2005-20 amdt 3.157 Return of certificate of registration s 103 am A2012-4 amdt 1.19, ss renum R19 LA Food business register s 105 hdg sub A2014-57 s 15 s 105 am A2014-57 ss 16-20; ss renum R25 LA Publication and inspection of food business register s 106 hdg sub A2014-57 s 21 s 106 am A2014-57 s 22 Display of nutritional information for food pt 9 hdg ins A2011-32 s 5 Definitions—pt 9 s 107 om A2005-20 amdt 3.157 ins A2011-32 s 5 def date of service om A2005-20 amdt 3.157 def infringement notice om A2005-20 amdt 3.157 def infringement notice offence om A2005-20 amdt 3.157 def infringement notice penalty om A2005-20 amdt 3.157 def menu ins A2011-32 s 5 def ready-to-eat food ins A2011-32 s 5 def reminder notice om A2005-20 amdt 3.157 def sell ins A2011-32 s 5 def standard food item ins A2011-32 s 5 def standard food outlet ins A2011-32 s 5 Meaning of standard food item—pt 9 s 108 om A2005-20 amdt 3.157 ins A2011-32 s 5 am A2013-44 amdt 3.93 Meaning of standard food outlet s 109 om A2005-20 amdt 3.157 ins A2011-32 s 5 http://www.legislation.act.gov.au/a/2012-4 http://www.legislation.act.gov.au/a/2004-15 http://www.legislation.act.gov.au/a/2012-4 http://www.legislation.act.gov.au/a/2002-30 http://www.legislation.act.gov.au/a/2005-20 http://www.legislation.act.gov.au/a/2005-20 http://www.legislation.act.gov.au/a/2012-4 http://www.legislation.act.gov.au/a/2014-57 http://www.legislation.act.gov.au/a/2014-57 http://www.legislation.act.gov.au/a/2014-57 http://www.legislation.act.gov.au/a/2014-57 http://www.legislation.act.gov.au/a/2011-32 http://www.legislation.act.gov.au/a/2005-20 http://www.legislation.act.gov.au/a/2011-32 http://www.legislation.act.gov.au/a/2005-20 http://www.legislation.act.gov.au/a/2005-20 http://www.legislation.act.gov.au/a/2005-20 http://www.legislation.act.gov.au/a/2005-20 http://www.legislation.act.gov.au/a/2011-32 http://www.legislation.act.gov.au/a/2011-32 http://www.legislation.act.gov.au/a/2005-20 http://www.legislation.act.gov.au/a/2011-32 http://www.legislation.act.gov.au/a/2011-32 http://www.legislation.act.gov.au/a/2011-32 http://www.legislation.act.gov.au/a/2005-20 http://www.legislation.act.gov.au/a/2011-32 http://www.legislation.act.gov.au/a/2013-44 http://www.legislation.act.gov.au/a/2005-20 http://www.legislation.act.gov.au/a/2011-32 Endnotes 4 Amendment history page 124 Food Act 2001 Effective: 23/06/21 R29 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Infringement and reminder notices div 9.2 hdg om A2005-20 amdt 3.157 Certain standard food outlets to display nutritional information s 110 om A2005-20 amdt 3.157 ins A2011-32 s 5 Voluntary display of nutritional information to meet certain requirements s 111 om A2005-20 amdt 3.157 ins A2011-32 s 5 Commencement of regulation made for s 110 or s 111 s 112 om A2005-20 amdt 3.157 ins A2011-32 s 5 Display or distribution of explanatory material etc about nutritional information s 113 om A2005-20 amdt 3.157 ins A2011-32 s 5 Exemptions from pt 9 s 114 om A2005-20 amdt 3.157 ins A2011-32 s 5 am A2013-44 amdt 3.83 Review of pt 9 s 115 om A2005-20 amdt 3.157 ins A2011-32 s 5 exp 1 January 2018 (s 115 (4)) Food safety supervisors pt 9A hdg ins A2012-4 s 7 Definitions—pt 9A s 116 om A2005-20 amdt 3.157 ins A2012-4 s 7 def approved food safety training course ins A2012-4 s 7 def food safety supervisor ins A2012-4 s 7 def food safety training approval guidelines ins A2012-4 s 7 def food safety training course ins A2012-4 s 7 def registered training organisation ins A2012-4 s 7 am A2014-48 amdt 1.20 def site ins A2014-57 s 23 def statement of attainment ins A2012-4 s 7 am A2014-48 amdt 1.21 http://www.legislation.act.gov.au/a/2005-20 http://www.legislation.act.gov.au/a/2005-20 http://www.legislation.act.gov.au/a/2011-32 http://www.legislation.act.gov.au/a/2005-20 http://www.legislation.act.gov.au/a/2011-32 http://www.legislation.act.gov.au/a/2005-20 http://www.legislation.act.gov.au/a/2011-32 http://www.legislation.act.gov.au/a/2005-20 http://www.legislation.act.gov.au/a/2011-32 http://www.legislation.act.gov.au/a/2005-20 http://www.legislation.act.gov.au/a/2011-32 http://www.legislation.act.gov.au/a/2013-44 http://www.legislation.act.gov.au/a/2005-20 http://www.legislation.act.gov.au/a/2011-32 http://www.legislation.act.gov.au/a/2012-4/default.asp http://www.legislation.act.gov.au/a/2005-20 http://www.legislation.act.gov.au/a/2012-4/default.asp http://www.legislation.act.gov.au/a/2012-4/default.asp http://www.legislation.act.gov.au/a/2012-4/default.asp http://www.legislation.act.gov.au/a/2012-4/default.asp http://www.legislation.act.gov.au/a/2012-4/default.asp http://www.legislation.act.gov.au/a/2012-4/default.asp http://www.legislation.act.gov.au/a/2014-48 http://www.legislation.act.gov.au/a/2014-57 http://www.legislation.act.gov.au/a/2012-4/default.asp http://www.legislation.act.gov.au/a/2014-48 Endnotes Amendment history 4 R29 23/06/21 Food Act 2001 Effective: 23/06/21 page 125 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Registered food business to have food safety supervisor s 117 hdg sub A2014-57 s 24 s 117 om A2005-20 amdt 3.157 ins A2012-4 s 7 am A2014-57 s 25, s 26; ss renum R25 LA Proprietor of registered food business may be food safety supervisor s 118 om A2005-20 amdt 3.157 ins A2012-4 s 7 Food safety training approval guidelines s 119 om A2005-20 amdt 3.157 ins A2012-4 s 7 Exemptions—pt 9A s 120 om A2005-20 amdt 3.157 ins A2014-57 s 27 Additional information in reminder notices s 121 om A2005-20 amdt 3.157 Disputing liability div 9.3 hdg om A2005-20 amdt 3.157 Disputing liability for infringement notice offence s 122 om A2005-20 amdt 3.157 Extension of time to dispute liability s 123 om A2005-20 amdt 3.157 Procedure if liability disputed s 124 om A2005-20 amdt 3.157 Miscellaneous div 9.4 hdg om A2005-20 amdt 3.157 Evidentiary certificates s 125 om A2005-20 amdt 3.157 Acts and omissions of representatives s 127 sub A2004-15 amdt 1.21 Renewal or amendment of registration not to affect prosecution s 131 am A2004-42 amdt 3.49 Certificate evidence etc s 133 am A2008-26 amdt 2.71 Evidence of analysts s 134 om A2008-26 amdt 2.72 Notification and review of decisions pt 11 hdg sub A2008-37 amdt 1.185 http://www.legislation.act.gov.au/a/2014-57 http://www.legislation.act.gov.au/a/2005-20 http://pcoregister/documents/466/78967/83028/Food%20Amendment%20Act%202012 http://www.legislation.act.gov.au/a/2014-57 http://www.legislation.act.gov.au/a/2005-20 http://pcoregister/documents/466/78967/83028/Food%20Amendment%20Act%202012 http://www.legislation.act.gov.au/a/2005-20 http://pcoregister/documents/466/78967/83028/Food%20Amendment%20Act%202012 http://www.legislation.act.gov.au/a/2005-20 http://www.legislation.act.gov.au/a/2014-57 http://www.legislation.act.gov.au/a/2005-20 http://www.legislation.act.gov.au/a/2005-20 http://www.legislation.act.gov.au/a/2005-20 http://www.legislation.act.gov.au/a/2005-20 http://www.legislation.act.gov.au/a/2005-20 http://www.legislation.act.gov.au/a/2005-20 http://www.legislation.act.gov.au/a/2005-20 http://www.legislation.act.gov.au/a/2004-15 http://www.legislation.act.gov.au/a/2004-42 http://www.legislation.act.gov.au/a/2008-26 http://www.legislation.act.gov.au/a/2008-26 http://www.legislation.act.gov.au/a/2008-37 Endnotes 4 Amendment history page 126 Food Act 2001 Effective: 23/06/21 R29 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Meaning of reviewable decision—pt 11 s 141A ins A2008-37 amdt 1.185 Reviewable decision notices s 141B ins A2008-37 amdt 1.185 Applications for review s 141C ins A2008-37 amdt 1.185 Miscellaneous pt 12 hdg ins A2008-37 amdt 1.185 Bribery s 143 om A2004-15 amdt 2.86 Secrecy s 145 am A2004-42 amdt 3.50; A2006-46 amdt 2.20, amdt 2.21 Publication of details of food businesses related to offences s 146 am A2004-42 amdt 3.51; A2012-4 ss 8-10; ss renum R19 LA; A2014-57 s 28, s 29; A2015-33 amdt 1.91 Decisions reviewable by administrative appeals tribunal s 147 om A2008-37 amdt 1.186 Notification of reviewable decisions s 148 om A2008-37 amdt 1.186 Codes of practice s 149 am A2002-30 amdt 3.382; A2012-4 amdt 1.20; ss renum R19 LA; A2013-44 amdt 3.84 Determination of fees s 150 am A2013-44 amdt 3.84 Approved forms s 151 am A2002-30 amdt 3.383; A2013-44 amdt 3.84 om A2021-12 amdt 3.41 Regulation-making power s 152 am A2002-30 amdt 3.382; A2012-4 s 11; A2013-44 amdt 3.85; A2014-57 s 30; pars renum R25 LA Transitional provisions pt 12 hdg exp 10 March 2003 (s 174) General div 12.1 hdg exp 10 March 2003 (s 174) Temporary emergency regulations s 153 am A2013-44 amdt 3.86 http://www.legislation.act.gov.au/a/2008-37 http://www.legislation.act.gov.au/a/2008-37 http://www.legislation.act.gov.au/a/2008-37 http://www.legislation.act.gov.au/a/2008-37 http://www.legislation.act.gov.au/a/2004-15 http://www.legislation.act.gov.au/a/2004-42 http://www.legislation.act.gov.au/a/2006-46 http://www.legislation.act.gov.au/a/2004-42 http://www.legislation.act.gov.au/a/2012-4 http://www.legislation.act.gov.au/a/2014-57 http://www.legislation.act.gov.au/a/2015-33 http://www.legislation.act.gov.au/a/2008-37 http://www.legislation.act.gov.au/a/2008-37 http://www.legislation.act.gov.au/a/2002-30 http://www.legislation.act.gov.au/a/2012-4 http://www.legislation.act.gov.au/a/2013-44 http://www.legislation.act.gov.au/a/2013-44 http://www.legislation.act.gov.au/a/2002-30 http://www.legislation.act.gov.au/a/2013-44 http://www.legislation.act.gov.au/a/2021-12/ http://www.legislation.act.gov.au/a/2002-30 http://pcoregister/documents/466/78967/83028/Food%20Amendment%20Act%202012 http://www.legislation.act.gov.au/a/2013-44 http://www.legislation.act.gov.au/a/2014-57 http://www.legislation.act.gov.au/a/2013-44 Endnotes Amendment history 4 R29 23/06/21 Food Act 2001 Effective: 23/06/21 page 127 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Transitional—s 92 (5) and s 97 (6) s 154 exp 10 March 2003 (s 174) ins A2004-13 amdt 2.49 exp 1 July 2005 (s 154 (2)) Transitional regulations s 155 exp 10 March 2003 (s 174) Modification of pt 12’s operation s 156 exp 10 March 2003 (s 174) Existing food businesses div 12.2 hdg exp 10 June 2002 (s 159) Food businesses licensed under former Food Act not registered on 11 June 2002 s 157 exp 10 June 2002 (s 159) ins as mod SL2002-14 sch 2 exp 10 March 2003 (SL2002-10 reg 17) Food businesses exempt from registration under former Food Act s 158 exp 10 June 2002 (s 159) Expiry of div 12.2 s 159 exp 10 June 2002 (s 159) Other transitional matters div 12.3 hdg exp 10 March 2003 (s 174) Applications for licences s 160 exp 10 March 2003 (s 174) Applications for renewal of licences s 161 exp 10 March 2003 (s 174) Applications for approval for alteration of food premises s 162 exp 10 March 2003 (s 174) Applications for variation of licences s 163 exp 10 March 2003 (s 174) Action to suspend or cancel licences s 164 exp 10 March 2003 (s 174) Improvement notices s 165 exp 10 March 2003 (s 174) Prohibition notices s 166 exp 10 March 2003 (s 174) Search warrants s 167 exp 10 March 2003 (s 174) http://www.legislation.act.gov.au/a/2004-13 http://www.legislation.act.gov.au/sl/2002-14 http://www.legislation.act.gov.au/sl/2002-10 Endnotes 4 Amendment history page 128 Food Act 2001 Effective: 23/06/21 R29 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Things seized s 168 exp 10 March 2003 (s 174) Food samples s 169 exp 10 March 2003 (s 174) Analysis of food samples s 170 exp 10 March 2003 (s 174) Review of decisions under former Food Act s 171 exp 10 March 2003 (s 174) Chief health officer may give effect to decisions of Minister etc s 172 exp 10 March 2003 (s 174) Directions under Food Regulations s 173 exp 10 March 2003 (s 174) Expiry div 12.4 hdg exp 10 March 2003 (s 174) Expiry of pt 12 s 174 exp 10 March 2003 (s 174) Repeals and miscellaneous amendments pt 13 hdg om LA s 89 (3) Repeal of laws s 175 om LA s 89 (3) Amendment of Acts—sch 2 s 176 om LA s 89 (3) Reviewable decisions sch 1 hdg sub A2008-37 amdt 1.187 sch 1 am A2008-37 amdt 1.188 Miscellaneous provisions sch 2 om LA s 89 (3) Dictionary dict am A2002-30 amdt 3.384; A2008-37 amdt 1.189; A2013-44 amdt 3.87 def approved food safety training course ins A2012-4 s 12 def authorised analyst sub A2008-26 amdt 2.73 def closure notice ins A2012-4 s 13 def Commonwealth Act sub A2007-16 amdt 3.63 def date of service om A2005-20 amdt 3.158 def engage in conduct ins A2012-4 amdt 1.22 def equipment am A2013-44 amdt 3.88 def food authority am A2007-16 amdt 3.64; A2013-44 amdt 3.89 def food safety standard am A2013-44 amdt 3.90 http://www.legislation.act.gov.au/a/2008-37 http://www.legislation.act.gov.au/a/2008-37 http://www.legislation.act.gov.au/a/2002-30 http://www.legislation.act.gov.au/a/2008-37 http://www.legislation.act.gov.au/a/2013-44 http://pcoregister/documents/466/78967/83028/Food%20Amendment%20Act%202012 http://www.legislation.act.gov.au/a/2008-26 http://www.legislation.act.gov.au/a/2012-4 http://www.legislation.act.gov.au/a/2007-16 http://www.legislation.act.gov.au/a/2005-20 http://www.legislation.act.gov.au/a/2012-4 http://www.legislation.act.gov.au/a/2013-44 http://www.legislation.act.gov.au/a/2007-16 http://www.legislation.act.gov.au/a/2013-44 http://www.legislation.act.gov.au/a/2013-44 Endnotes Amendment history 4 R29 23/06/21 Food Act 2001 Effective: 23/06/21 page 129 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au def food safety supervisor ins A2012-4 s 14 def food safety training approval guidelines ins A2012-4 s 7 def food safety training course ins A2012-4 s 14 def food standards code sub A2013-44 amdt 3.91 def infringement notice om A2005-20 amdt 3.158 def infringement notice offence om A2005-20 amdt 3.158 def infringement notice penalty om A2005-20 amdt 3.158 def menu ins A2011-32 s 6 def premises sub A2013-44 amdt 3.92 def ready-to-eat food ins A2011-32 s 6 def registered training organisation ins A2012-4 s 14 def regulated event ins A2014-57 s 31 def reminder notice om A2005-20 amdt 3.158 def reviewable decision ins A2008-37 amdt 1.190 def site ins A2014-57 s 31 def standard food item ins A2011-32 s 6 def standard food outlet ins A2011-32 s 6 def statement of attainment ins A2012-4 s 14 def unsafe sub A2005-20 amdt 3.159 def unsuitable sub A2005-20 amdt 3.159 http://pcoregister/documents/466/78967/83028/Food%20Amendment%20Act%202012 http://pcoregister/documents/466/78967/83028/Food%20Amendment%20Act%202012 http://pcoregister/documents/466/78967/83028/Food%20Amendment%20Act%202012 http://www.legislation.act.gov.au/a/2013-44 http://www.legislation.act.gov.au/a/2005-20 http://www.legislation.act.gov.au/a/2005-20 http://www.legislation.act.gov.au/a/2005-20 http://www.legislation.act.gov.au/a/2011-32 http://www.legislation.act.gov.au/a/2013-44 http://www.legislation.act.gov.au/a/2011-32 http://pcoregister/documents/466/78967/83028/Food%20Amendment%20Act%202012 http://www.legislation.act.gov.au/a/2014-57 http://www.legislation.act.gov.au/a/2005-20 http://www.legislation.act.gov.au/a/2008-37 http://www.legislation.act.gov.au/a/2014-57 http://www.legislation.act.gov.au/a/2011-32 http://www.legislation.act.gov.au/a/2011-32 http://pcoregister/documents/466/78967/83028/Food%20Amendment%20Act%202012 http://www.legislation.act.gov.au/a/2005-20 http://www.legislation.act.gov.au/a/2005-20 Endnotes 5 Earlier republications page 130 Food Act 2001 Effective: 23/06/21 R29 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 5 Earlier republications Some earlier republications were not numbered. The number in column 1 refers to the publication order. Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical. Republication No and date Effective Last amendment made by Republication for R1 10 Mar 2002 10 Mar 2002– 10 June 2002 not amended new Act R2 11 June 2002 11 June 2002– 16 Sept 2002 SL2002-14 modifications by SL2002-10 as amended by SL2002-14 R3 23 Sept 2002 17 Sept 2002– 10 Mar 2003 A2002-30 amendments by A2002-30 R4 11 Mar 2003 11 Mar 2003– 8 Apr 2004 A2002-30 commenced expiry R5 9 Apr 2004 9 Apr 2004– 24 Aug 2004 A2004-15 amendments by A2004-15 R6 25 Aug 2004 25 Aug 2004– 31 Aug 2004 A2004-42 amendments by A2004-42 R7 1 Sept 2004 1 Sept 2004– 1 July 2005 A2004-42 amendments by A2004-13 R8 2 July 2005 2 July 2005– 11 Nov 2005 A2005-20 commenced expiry R9* 12 Nov 2005 12 Nov 2005– 1 June 2006 A2005-20 amendments by A2005-20 R10 2 June 2006 2 June 2006– 17 Nov 2006 A2006-23 amendments by A2006-23 R11 18 Nov 2006 18 Nov 2006– 10 July 2007 A2006-46 amendments by A2006-46 http://www.legislation.act.gov.au/sl/2002-14 http://www.legislation.act.gov.au/sl/2002-10 http://www.legislation.act.gov.au/sl/2002-14 http://www.legislation.act.gov.au/a/2002-30 http://www.legislation.act.gov.au/a/2002-30 http://www.legislation.act.gov.au/a/2002-30 http://www.legislation.act.gov.au/a/2004-15 http://www.legislation.act.gov.au/a/2004-15 http://www.legislation.act.gov.au/a/2004-42 http://www.legislation.act.gov.au/a/2004-42 http://www.legislation.act.gov.au/a/2004-42 http://www.legislation.act.gov.au/a/2004-13 http://www.legislation.act.gov.au/a/2005-20 http://www.legislation.act.gov.au/a/2005-20 http://www.legislation.act.gov.au/a/2005-20 http://www.legislation.act.gov.au/a/2006-23 http://www.legislation.act.gov.au/a/2006-23 http://www.legislation.act.gov.au/a/2006-46 http://www.legislation.act.gov.au/a/2006-46 Endnotes Earlier republications 5 R29 23/06/21 Food Act 2001 Effective: 23/06/21 page 131 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Republication No and date Effective Last amendment made by Republication for R12 11 July 2007 11 July 2007– 25 Aug 2008 A2007-16 amendments by A2007-16 R13 26 Aug 2008 26 Aug 2008– 8 Sept 2008 A2008-28 amendments by A2008-28 R14 9 Sept 2008 9 Sept 2008– 26 Oct 2008 A2008-37 amendments by A2008-20 R15 27 Oct 2008 27 Oct 2008– 1 Feb 2009 A2008-37 amendments by A2008-20 R16 2 Feb 2009 2 Feb 2009– 13 Feb 2009 A2008-37 amendments by A2008-37 R17 14 Feb 2009 14 Feb 2009– 16 Dec 2009 A2008-37 amendments by A2008-26 R18* 17 Dec 2009 17 Dec 2009– 1 Mar 2012 A2009-49 amendments by A2009-49 R19 2 Mar 2012 2 Mar 2012– 31 Dec 2012 A2012-4 amendments by A2012-4 R20 1 Jan 2013 1 Jan 2013– 31 Aug 2013 A2012-4 amendments by A2011-32 as amended by A2012-4 R21 1 Sept 2013 1 Sept 2013– 24 Nov 2013 A2012-4 amendments by A2012-4 R22 25 Nov 2013 25 Nov 2013 19 Nov 2014 A2013-44 amendments by A2013-44 R23 20 Nov 2014 20 Nov 2014 31 Dec 2014 A2014-48 amendments by A2014-48 R24 1 Jan 2015 1 Jan 2015 19 Apr 2015 A2014-57 amendments by A2014-57 R25 20 Apr 2015 20 Apr 2015 13 Oct 2015 A2014-57 amendments by A2014-57 R26 14 Oct 2015 14 Oct 2015 1 Jan 2018 A2015-33 amendments by A2015-33 http://www.legislation.act.gov.au/a/2007-16 http://www.legislation.act.gov.au/a/2007-16 http://www.legislation.act.gov.au/a/2008-28 http://www.legislation.act.gov.au/a/2008-28 http://www.legislation.act.gov.au/a/2008-37 http://www.legislation.act.gov.au/a/2008-20 http://www.legislation.act.gov.au/a/2008-37 http://www.legislation.act.gov.au/a/2008-20 http://www.legislation.act.gov.au/a/2008-37 http://www.legislation.act.gov.au/a/2008-37 http://www.legislation.act.gov.au/a/2008-37 http://www.legislation.act.gov.au/a/2008-26 http://www.legislation.act.gov.au/a/2009-49 http://www.legislation.act.gov.au/a/2009-49 http://www.legislation.act.gov.au/a/2012-4 http://www.legislation.act.gov.au/a/2012-4 http://www.legislation.act.gov.au/a/2012-4 http://www.legislation.act.gov.au/a/2011-32/default.asp http://www.legislation.act.gov.au/a/2012-4/default.asp http://www.legislation.act.gov.au/a/2012-4 http://www.legislation.act.gov.au/a/2012-4 http://www.legislation.act.gov.au/a/2013-44 http://www.legislation.act.gov.au/a/2013-44 http://www.legislation.act.gov.au/a/2014-48 http://www.legislation.act.gov.au/a/2014-48 http://www.legislation.act.gov.au/a/2014-57 http://www.legislation.act.gov.au/a/2014-57 http://www.legislation.act.gov.au/a/2014-57 http://www.legislation.act.gov.au/a/2014-57 http://www.legislation.act.gov.au/a/2015-33 http://www.legislation.act.gov.au/a/2015-33 Endnotes 5 Earlier republications page 132 Food Act 2001 Effective: 23/06/21 R29 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Republication No and date Effective Last amendment made by Republication for R27 2 Jan 2018 2 Jan 2018– 22 Oct 2018 A2015-33 expiry of provisions (s 115) R28 23 Oct 2018 23 Oct 2018– 22 June 2021 A2018-33 amendments by A2018-33 © Australian Capital Territory 2021 http://www.legislation.act.gov.au/a/2015-33 http://www.legislation.act.gov.au/a/2018-33/ http://www.legislation.act.gov.au/a/2018-33/