{"id":"a-2001-66","name":"Food Act 2001","slug":"food-act-2001","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"66 of 2001","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23592,"registerId":"act-a-2001-66-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"1 Name of Act\nThis Act is the Food Act 2001.\n","sortOrder":0},{"sectionNumber":"3","sectionType":"section","heading":"Objects of Act","content":"3 Objects of Act\nThe objects of this Act include the following:\n(a) to ensure food for sale is both safe and suitable for human\nconsumption;\n(b) to prevent misleading conduct in relation to the sale of food;\n(c) to provide for the application in the ACT of the food standards\ncode.\n","sortOrder":1},{"sectionNumber":"4","sectionType":"section","heading":"Dictionary","content":"4 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere in this Act.\nFor example, the signpost definition ‘food—see section 8.’ means that\nthe expression ‘food’ is defined in that section.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n","sortOrder":2},{"sectionNumber":"5","sectionType":"section","heading":"Notes","content":"5 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n\nPreliminary Part 1\n","sortOrder":3},{"sectionNumber":"5A","sectionType":"section","heading":"Offences against Act—application of Criminal Code etc","content":"5A Offences against Act—application of Criminal Code etc\nOther legislation applies in relation to offences against this Act.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to all offences against this Act (see\nCode, pt 2.1).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Application of Act to primary food production","content":"6 Application of Act to primary food production\n(1) The following parts do not apply in relation to primary food\nproduction:\n(a) part 7 (Improvement notices and prohibition orders);\n(b) part 8 (Registration of food businesses).\n(2) The functions given to authorised officers under part 5 (Inspection\nand seizure powers) and part 6 (Taking and analysis of food samples)\nmay only be exercised in relation to primary food production—\n(a) to allow the investigation and prosecution of offences against\nthis Act; or\n(b) in relation to the making or enforcement of emergency orders\nunder part 4 (Emergency powers).\n\noffence includes an offence that there are reasonable grounds for\nbelieving has been, is being, or will be committed.\nNote 1 The definition of food business excludes primary food production (see\ns 10).\nNote 2 A reference to an Act includes a reference to the statutory instruments\n","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Application of Act to water suppliers","content":"7 Application of Act to water suppliers\n(1) The following provisions do not apply in relation to the supply of\nwater for human consumption through a relevant reticulated water\nsystem:\n(a) section 16 (Knowingly handling food in unsafe way);\n(b) section 18 (Knowingly describing food falsely);\n(c) section 22 (1) (which is about handling food in a way that will,\nor is likely to, make it unsafe);\n(d) section 23 (1) (which is about handling food in a way that will,\nor is likely to, make it unsuitable);\n(e) section 24 (Misleading conduct relating to sale of food);\n(f) section 25 (Sale of food not complying with purchaser’s\ndemand);\n(g) section 26 (Sale of unfit equipment or packaging or labelling\nmaterial);\n(h) part 7 (Improvement notices and prohibition orders);\n(i) part 8 (Registration of food businesses).\n\nPreliminary Part 1\n(2) Section 27 (Compliance with food standards code), to the extent to\nwhich it requires compliance with the requirements of the food safety\nstandards, does not apply in relation to the supply of water for human\nconsumption through a relevant reticulated water system.\nrelevant reticulated water system means—\n(a) a reticulated water system provided by a utility under the\nUtilities Act 2000 that is licensed under that Act for the\ndistribution of water through a water network; or\n(b) a reticulated water system provided by an entity prescribed by\nregulation for this paragraph; or\n(c) a reticulated water system that provides water to a place\nprescribed by regulation for this paragraph.\n","sortOrder":6},{"sectionNumber":"7A","sectionType":"section","heading":"Application of Act to certain food businesses","content":"7A Application of Act to certain food businesses\n(1) This Act does not apply to a food business conducted by a volunteer\nfor a community organisation to raise funds for 1 or more of the\nfollowing purposes:\n(a) a religious, educational, charitable or benevolent purpose;\n(b) promoting or encouraging literature, science or the arts;\n(c) looking after, or giving attention to, people who need care\nbecause of a physical or mental disability or condition;\n(d) sport, recreation or amusement;\n(e) conserving resources or protecting the natural environment from\nharm;\n(f) preserving historical or cultural heritage;\n(g) a political purpose;\n\n(h) protecting or promoting the common interests of the community\ngenerally or a particular section of the community.\n(2) However, this Act does apply to a food business mentioned in\nsubsection (1) that is—\n(a) prescribed by regulation; or\n(b) conducted at a regulated event.\nNote A regulated event is declared by the Minister under s 91.\n(3) The Executive may make a regulation for subsection (2) (a) if the\nExecutive considers it necessary for the protection of public health or\notherwise appropriate.\n(4) In this section:\ncommunity organisation—\n(a) means a not-for-profit entity; but\n(b) does not include—\n(i) a club that holds a licence under the Gaming Machine\nAct 2004; or\n(ii) an entity declared by the Minister not to be a community\norganisation.\nvolunteer means a person who conducts a food business for which\nthe person is—\n(a) not paid; or\n(b) paid in the circumstances prescribed by regulation.\n(5) A declaration under subsection (4), definition of community\norganisation, paragraph (b) (ii) is a disallowable instrument.\n\n","sortOrder":7},{"sectionNumber":"8","sectionType":"section","heading":"Meaning of food","content":"8 Meaning of food\n(1) For this Act, food includes—\n(a) any substance or thing of a kind used, or represented as being\nfor use, for human consumption (whether it is live, raw,\nprepared or partly prepared); or\n(b) any substance or thing of a kind used, or represented as being\nfor use, as an ingredient or additive in a substance or thing\nmentioned in paragraph (a); or\n(c) any substance used in preparing a substance or thing mentioned\nin paragraph (a) (other than a substance used in preparing a\nliving thing) if it comes into direct contact with the substance or\nthing mentioned in that paragraph, including, for example, a\nprocessing aid; or\n(d) chewing gum or an ingredient or additive in chewing gum, or\nany substance used in preparing chewing gum; or\n(e) any substance or thing declared to be a food under a declaration\nin force under the Commonwealth Act, section 6 and prescribed\nby regulation for this paragraph;\nwhether or not the substance, thing or chewing gum is in a condition\nfit for human consumption.\n(2) However, food does not include a therapeutic good within the\nmeaning of the Therapeutic Goods Act 1989 (Cwlth).\n(3) To remove any doubt, food may include live animals and plants.\n\n","sortOrder":8},{"sectionNumber":"9","sectionType":"section","heading":"Meaning of sell etc","content":"9 Meaning of sell etc\n(1) For this Act, sell includes—\n(a) barter, offer or attempt to sell; or\n(b) receive for sale; or\n(c) have in possession for sale; or\n(d) display for sale; or\n(e) cause or permit to be sold or offered for sale; or\n(f) send, forward or deliver for sale; or\n(g) dispose of by any method for valuable consideration; or\n(h) dispose of to an agent for sale on consignment; or\n(i) provide under a contract of service; or\n(j) supply food as a meal or part of a meal to an employee, in\naccordance with a term of an award governing the employee’s\nemployment or a term of the employee’s contract of service, for\nconsumption by the employee at the employee’s place of work;\nor\n(k) dispose of by way of raffle, lottery or other game of chance; or\n(l) offer as a prize or reward; or\n(m) give away for the purpose of advertisement or in furtherance of\ntrade or business; or\n(n) supply food under a contract (whether or not the contract is made\nwith the consumer of the food), together with accommodation,\nservice or entertainment, in consideration of an inclusive charge\nfor the food supplied and the accommodation, service or\nentertainment; or\n\n(o) supply food (whether or not for consideration) in the course of\nproviding services to people in—\n(i) a correctional centre or lockup, or a detention place or\nintensive therapy place under the Children and Young\nPeople Act 2008; or\n(ii) a hospice, hospital, nursing home or other health facility\noperated by or on behalf of the Territory; or\n(iii) any other institution (however described) prescribed by\nregulation for this paragraph; or\n(p) sell for the purpose of resale.\n(2) For this Act, food or equipment that is displayed for the purpose of\nbeing offered as a prize or reward, or given away for the purpose of\nadvertisement or in the furtherance of trade or business, is taken to\nhave been displayed for sale by the owner of the food or equipment.\n","sortOrder":9},{"sectionNumber":"10","sectionType":"section","heading":"Meaning of food business","content":"10 Meaning of food business\nFor this Act, food business is a business, enterprise or activity (other\nthan a business, enterprise or activity that is primary food production)\nthat involves—\n(a) the handling of food intended for sale; or\n(b) the sale of food;\nwhether or not the business, enterprise or activity is of a commercial,\ncharitable or community nature or whether it involves the handling or\nsale of food on a single occasion only.\n\n","sortOrder":10},{"sectionNumber":"11","sectionType":"section","heading":"Meaning of primary food production","content":"11 Meaning of primary food production\n(1) For this Act, primary food production is the growing, raising,\ncultivation, picking, harvesting, collection or catching of food, and\nincludes the following:\n(a) the transport or delivery of food on, from or between the\npremises where it was grown, raised, cultivated, picked,\nharvested, collected or caught;\n(b) the packing, treating (for example, washing) or storing of food\non the premises where it was grown, raised, cultivated, picked,\nharvested, collected or caught;\n(c) the storage of food in a silo that is not connected with a food\nprocessing operation and the transport or delivery of food from,\nbetween or to such silos;\n(d) the sale of livestock at saleyards and the transport of livestock\nto and from saleyards;\n(e) any other food production activity that is regulated under an Act\nprescribed by regulation for this subsection.\n(2) However, primary food production does not include—\n(a) any process involving the substantial transformation of food (for\nexample, manufacturing or canning), whether or not the process\nis carried out on the premises where the food was grown,\ncultivated, picked, harvested, collected or caught; or\n(b) the sale or service of food directly to the public; or\n(c) any other food production activity that is prescribed by\nregulation for this subsection.\nExample—activity that may be prescribed for par (c)\na food production activity in relation to which significant and unmanaged food\nsafety hazards have been identified\n\n","sortOrder":11},{"sectionNumber":"12","sectionType":"section","heading":"Meaning of unsafe food","content":"12 Meaning of unsafe food\n(1) For this Act, food is unsafe at a particular time if it would be likely\nto cause physical harm to a person who might later consume it,\nassuming—\n(a) it was, after that particular time and before being consumed by\nthe person, properly subjected to all processes (if any) that are\nrelevant to its reasonable intended use; and\n(b) nothing happened to it after that particular time and before being\nconsumed by the person that would prevent its being used for its\nreasonable intended use; and\n(c) it was consumed by the person according to its reasonable\nintended use.\n(2) However, food is not unsafe for this Act only because its inherent\nnutritional or chemical properties cause, or its inherent nature causes,\nadverse reactions only in people with allergies or sensitivities that are\nnot common to the majority of people.\n(3) In subsection (1):\nprocesses include processes involving storage and preparation.\n","sortOrder":12},{"sectionNumber":"13","sectionType":"section","heading":"Meaning of unsuitable food","content":"13 Meaning of unsuitable food\n(1) For this Act, food is unsuitable if it is food that—\n(a) is damaged, deteriorated or perished to an extent that affects its\nreasonable intended use; or\n(b) contains any damaged, deteriorated or perished substance that\naffects its reasonable intended use; or\n(c) is the product of a diseased animal, or an animal that has died\notherwise than by slaughter, and has not been declared under\nanother territory law to be safe for human consumption; or\n\n(d) contains a biological or chemical agent, or other matter or\nsubstance, that is foreign to the nature of the food.\n(2) However, food is not unsuitable for this Act only because—\n(a) at any particular time before it is sold for human consumption it\ncontains an agricultural or veterinary chemical; or\n(b) when it is sold for human consumption it contains an agricultural\nor veterinary chemical in an amount that does not contravene the\nfood standards code; or\n(c) it contains a metal or nonmetal contaminant (within the meaning\nof the food standards code) in an amount that does not\ncontravene the permitted level for the contaminant as provided\nby the food standards code; or\n(d) it contains any matter or substance that is permitted by the food\nslaughter, of an animal, includes killing the animal in the process of\ncapturing, taking or harvesting it for the purposes of preparing it for\nuse as food.\n","sortOrder":13},{"sectionNumber":"13A","sectionType":"section","heading":"Meaning of food standards code","content":"13A Meaning of food standards code\n(1) In this Act:\nfood standards code means the Australia New Zealand Food\nStandards Code as defined in the Commonwealth Act, section 4 (1),\nas in force from time to time.\n(2) The Legislation Act, section 47 (6) does not apply to the food\nNote The food standards code does not need to be notified under the\nLegislation Act because s 47 (6) does not apply (see Legislation Act,\ns 47 (7)).\n\nPreliminary Division 3.1\n","sortOrder":14},{"sectionNumber":"Div 3","sectionType":"division","heading":"1 Preliminary","content":"Division 3.1 Preliminary\n","sortOrder":15},{"sectionNumber":"14","sectionType":"section","heading":"Application of pt 3 to food sold etc outside ACT","content":"14 Application of pt 3 to food sold etc outside ACT\nFor this part, it does not matter that the food concerned was sold or\nintended for sale outside the ACT.\nNote For a defence in relation to food intended for export to another country,\nsee s 29.\n","sortOrder":16},{"sectionNumber":"15","sectionType":"section","heading":"False descriptions of food","content":"15 False descriptions of food\n(1) For this part, food that is falsely described includes food to which 1\nor more of the following paragraphs applies:\n(a) the food is represented as being of a particular nature or\nsubstance for which there is a prescribed standard under the food\nstandards code and the food does not comply with that\nprescribed standard;\n(b) the food is represented as being of a particular nature or\nsubstance and it contains, or is mixed or diluted with, any\nsubstance in a quantity or proportion that significantly\ndiminishes its food value or nutritive properties as compared\nwith food of the represented nature or substance;\n(c) the food is represented as being of a particular nature or\nsubstance and it contains, or is mixed or diluted with, any\nsubstance of lower commercial value than food of the\nrepresented nature or substance;\n(d) the food is represented as being of a particular nature or\nsubstance and a constituent of the food has been completely or\npartly removed so that its properties are diminished as compared\nwith food of the represented nature or substance;\n\n(e) any word, statement, device or design used in the packaging or\nlabelling of the food, or in an advertisement for the food, would\ncreate a false impression about the nature or substance of the\nfood, or the commercial value of the food, in the mind of a\nreasonable person;\n(f) the food is not of the nature or substance represented by the way\nin which it is packaged, labelled or offered for sale.\n(2) Without limiting the application of subsection (1) to section 18 (2)\n(Knowingly describing food falsely) or section 21 (2) (Negligently\ndescribing food falsely), food is falsely described for those\nsubsections if it is supplied in response to a purchaser’s demand or\nother request for a particular type of food, or a food that does not\ncontain a particular ingredient, and the food is not of that type or\ncontains that ingredient.\nNote 1 For defences to the offences in this division, see div 3.4.\nNote 2 For other provisions about the offences in this division, see div 3.5 and\npt 10.\n","sortOrder":17},{"sectionNumber":"16","sectionType":"section","heading":"Knowingly handling food in unsafe way","content":"16 Knowingly handling food in unsafe way\n(a) the person handles food intended for sale in a way that will, or\nis likely to, make the food unsafe; and\n(b) the person knows that handling the food in that way will, or is\nlikely to, make the food unsafe.\n\nSerious offences relating to food Division 3.2\n","sortOrder":18},{"sectionNumber":"17","sectionType":"section","heading":"Knowingly selling unsafe food","content":"17 Knowingly selling unsafe food\n(b) the person knows the food is unsafe.\n","sortOrder":19},{"sectionNumber":"18","sectionType":"section","heading":"Knowingly describing food falsely","content":"18 Knowingly describing food falsely\n(a) the person falsely describes food intended for sale; and\n(b) the person knows that a consumer of the food who relies on the\ndescription will, or is likely to, suffer physical harm.\n(b) the person knows that—\n(i) the food is falsely described; and\n(ii) a consumer of the food who relies on the description will,\nor is likely to, suffer physical harm.\n\nNote 1 For defences to the offences in this division, see div 3.4.\nNote 2 For other provisions about the offences in this division, see div 3.5 and\npt 10.\n","sortOrder":20},{"sectionNumber":"19","sectionType":"section","heading":"Negligently handling food in unsafe way","content":"19 Negligently handling food in unsafe way\n(a) the person handles food intended for sale in a way that is likely\nto make the food unsafe; and\n(b) the person is negligent about whether handling the food in that\nway is likely to make the food unsafe.\n","sortOrder":21},{"sectionNumber":"20","sectionType":"section","heading":"Negligently selling unsafe food","content":"20 Negligently selling unsafe food\n(a) the person sells food that is unsafe; and\n(b) the person is negligent about whether the food is unsafe.\n","sortOrder":22},{"sectionNumber":"21","sectionType":"section","heading":"Negligently describing food falsely","content":"21 Negligently describing food falsely\n(a) the person falsely describes food intended for sale; and\n(b) the person is negligent about whether a consumer of the food\nwho relies on the description, will or is likely to, suffer physical\nharm.\n\nOther offences relating to food Division 3.3\n(b) the person is negligent about whether—\n(i) the food is falsely described; and\n(ii) a consumer of the food who relies on the description will,\nor is likely to, suffer physical harm.\n","sortOrder":23},{"sectionNumber":"22","sectionType":"section","heading":"Handling and sale of unsafe food","content":"22 Handling and sale of unsafe food\n(1) A person commits an offence if the person handles food intended for\nsale in a way that will, or is likely to, make the food unsafe.\n(2) A person commits an offence if the person sells food that is unsafe.\n","sortOrder":24},{"sectionNumber":"23","sectionType":"section","heading":"Handling and sale of unsuitable food","content":"23 Handling and sale of unsuitable food\n(1) A person commits an offence if the person handles food intended for\nsale in a way that will, or is likely to, make the food unsuitable.\n(2) A person commits an offence if the person sells food that is\nunsuitable.\n(3) For this section, it is immaterial whether the food is safe.\n(4) An offence against this section is a strict liability offence.\n\n","sortOrder":25},{"sectionNumber":"24","sectionType":"section","heading":"Misleading conduct relating to sale of food","content":"24 Misleading conduct relating to sale of food\n(1) A person commits an offence if the person, when conducting a food\nbusiness, engages in conduct that is misleading or deceptive or is\nlikely to mislead or deceive in relation to—\n(a) the advertising, packaging or labelling of food intended for sale;\nor\n(b) the sale of food.\n(2) A person commits an offence if the person, to sell food or promote\nthe sale of food when conducting a food business, advertises,\npackages or labels food in a way that falsely describes the food.\n(3) A person commits an offence if the person, when conducting a food\nbusiness, sells food that is packaged or labelled in a way that falsely\ndescribes the food.\n(4) An offence against this section is a strict liability offence.\n","sortOrder":26},{"sectionNumber":"25","sectionType":"section","heading":"Sale of food not complying with purchaser’s demand","content":"25 Sale of food not complying with purchaser’s demand\n(1) A person commits an offence if the person, when conducting a food\nbusiness—\n(a) sells food to a purchaser; and\n(b) the food is not of the nature or substance demanded by the\npurchaser.\n(2) For this section, it is immaterial whether the food is safe.\n\nOther offences relating to food Division 3.3\n","sortOrder":27},{"sectionNumber":"26","sectionType":"section","heading":"Sale of unfit equipment or packaging or labelling material","content":"26 Sale of unfit equipment or packaging or labelling material\n(a) the person sells equipment (the equipment sold); and\n(b) the person knows the equipment sold is, or is likely, to be used\nfor the handling of food; and\n(c) the equipment sold, if used for a purpose for which it was\ndesigned or intended to be used would, or would be likely to—\n(i) make food unsafe; or\n(ii) put other equipment in a condition that, if the other\nequipment were used for a purpose for which it was\ndesigned or intended to be used, would, or would be likely\nto, make food unsafe.\n(2) Strict liability applies to subsection (1) (a) and (c).\n(3) Subsection (1) does not apply if the equipment sold was not designed\nfor use in relation to the handling of food.\nmentioned in s (3) (see Criminal Code, s 58).\n(4) A person commits an offence if—\n(a) the person sells packaging or labelling material; and\n(b) the person knows the material is, or is likely, to be used for the\nhandling of food; and\n(c) the material, if used for a purpose for which it was designed or\nintended to be used, would, or would be likely to, make food\nunsafe.\n\n(5) Strict liability applies to subsection (4) (a) and (c).\n(6) Subsection (4) does not apply if the packaging or labelling material\nwas not designed for use in relation to the handling of food.\nmentioned in s (6) (see Criminal Code, s 58).\n","sortOrder":28},{"sectionNumber":"27","sectionType":"section","heading":"Compliance with food standards code","content":"27 Compliance with food standards code\n(1) A person commits an offence if the person contravenes a requirement\nof the food standards code in relation to—\n(a) the conduct of a food business; or\n(b) food intended for sale; or\n(c) food for sale.\n(b) the food does not comply with a requirement of the food\nstandards code for the food.\n(3) A person commits an offence if—\n(a) the person sells or advertises food; and\n(b) the food is packaged or labelled in a way that contravenes the\nfood standards code.\n(4) A person commits an offence if the person sells food, or advertises\nfood for sale, in a way that contravenes the food standards code.\n\nDefences Division 3.4\n","sortOrder":29},{"sectionNumber":"28","sectionType":"section","heading":"Defence relating to publication of advertisements","content":"28 Defence relating to publication of advertisements\n(1) This section applies to a prosecution for an offence, relating to the\npublication of an advertisement, against—\n(a) section 18 (Knowingly describing food falsely); or\n(b) section 21 (Negligently describing food falsely); or\n(c) section 24 (Misleading conduct relating to sale of food); or\n(d) section 27 (3) or (4) (Compliance with food standards code).\n(2) It is not an offence if the defendant—\n(a) conducted a business concerned mainly with the publication of\nadvertisements; and\n(b) published or arranged for the publication of the advertisement in\nthe ordinary course of the business.\n(3) However, subsection (2) does not apply if the defendant—\n(a) should reasonably have known that the publication of the\nadvertisement was an offence; or\n(b) had previously been told in writing by an authorised officer that\npublication of such an advertisement would be an offence; or\n(c) is the proprietor of a food business or is otherwise engaged in\nthe conduct of a food business for which the advertisement was\npublished.\n\n","sortOrder":30},{"sectionNumber":"29","sectionType":"section","heading":"Defence relating to food for export","content":"29 Defence relating to food for export\n(1) This section applies to a prosecution for an offence against this part\nif the offence involves contravention of a provision about food in the\nfood standards code.\n(2) It is not an offence if—\n(a) the food is to be exported to another country; and\n(b) the food complies with the laws (the foreign laws) in force at\nthe time of the offence in the place to which the food is to be\nexported; and\n(c) the foreign laws deal with the same subject matter as the\nprovision of the food standards code.\n(3) However, subsection (2) does not apply to food originally intended\nfor export but sold in the ACT.\n","sortOrder":31},{"sectionNumber":"30","sectionType":"section","heading":"Defence of appropriate diligence","content":"30 Defence of appropriate diligence\n(1) In a proceeding for an offence against this part, it is a defence if the\ndefendant proves that the defendant took all reasonable precautions\nand exercised all appropriate diligence to prevent the commission of\nthe offence by the defendant or by another person under the\ndefendant’s control.\n(2) Without limiting how the defendant may satisfy subsection (1), the\ndefendant satisfies the subsection if the defendant proves—\n(a) that the commission of the offence was caused by—\n(i) an act or omission of another person; or\n(ii) reliance on information supplied by another person; and\n\nDefences Division 3.4\n(b) that—\n(i) the defendant carried out all checks of the food concerned\nas were reasonable in all the circumstances; or\n(ii) it was reasonable in all the circumstances to rely on checks\ncarried out by the person who supplied the food concerned\nto the defendant; and\n(c) that the defendant did not import the food into the ACT from\nanother country; and\n(d) for an offence involving the sale of food—\n(i) that the defendant sold the food in the same condition as\nthe defendant purchased it; or\n(ii) that the defendant sold the food in a different condition to\nthat in which the defendant purchased it, but that the\ndifference did not result in a contravention of this Act; and\n(e) that the defendant did not know and had no reason to suspect at\nthe time of commission of the offence that the defendant’s act\nor omission was an offence against this part.\n(3) In subsection (2) (a):\nanother person does not include a person who was—\n(a) an employee or agent of the defendant; or\n(b) if the defendant is a corporation—an executive officer,\nemployee or agent of the defendant.\n\n(4) Without limiting how the defendant may satisfy subsection (1) or\n(2) (b) (i), the defendant satisfies the provision if the defendant\nproves—\n(a) for an offence relating to a food business for which a food safety\nprogram is required to be prepared under a regulation—that the\ndefendant complied with a food safety program for the food\nbusiness that complies with the requirements of the regulations;\nor\n(b) in any other case—that the defendant complied with a scheme\n(for example, a quality assurance program or an industry code\nof practice) that was—\n(i) designed to manage food safety hazards and based on\nAustralian national or international standards, codes or\nguidelines designed for that purpose; and\n(ii) documented in some way.\n","sortOrder":32},{"sectionNumber":"31","sectionType":"section","heading":"Defence in relation to handling food","content":"31 Defence in relation to handling food\n(1) This section applies to a prosecution for an offence against—\n(a) section 16 (Knowingly handling food in unsafe way); or\n(b) section 19 (Negligently handling food in unsafe way); or\n(c) section 22 (1) (which is about handling food in a way that will,\nor is likely to, make it unsafe); or\n(d) section 23 (1) (which is about handling food in a way that will,\nor is likely to, make it unsuitable).\n(2) It is not an offence if the defendant caused the food to which the\noffence relates to be destroyed or disposed of immediately after the\nfood was handled in the way that made it, or was likely to make it,\nunsafe or unsuitable.\n\nOther matters Division 3.5\n","sortOrder":33},{"sectionNumber":"32","sectionType":"section","heading":"Defence in relation to sale of unfit equipment or","content":"32 Defence in relation to sale of unfit equipment or\npackaging or labelling material\nIn a proceeding for an offence against section 26 (1) or (2) (Sale of\nunfit equipment or packaging or labelling material), it is a defence if\nthe defendant proves that the defendant reasonably believed that the\nequipment or material concerned was not intended for use in relation\nto the handling of food.\n","sortOrder":34},{"sectionNumber":"34","sectionType":"section","heading":"Onus on defendant to prove certain statements about","content":"34 Onus on defendant to prove certain statements about\nfood\n(1) This section applies to a proceeding for an offence against this part in\nwhich it is alleged that a statement on a package of food, or in an\nadvertisement about food, that relates to the origin or composition of\nthe food, or its therapeutic or nutritive properties, caused the food to\nbe falsely described.\n(2) If the defendant was responsible for making the statement, the onus\nof proving the correctness of the statement is on the defendant.\n","sortOrder":35},{"sectionNumber":"35","sectionType":"section","heading":"Alternative verdicts for handling food in unsafe way","content":"35 Alternative verdicts for handling food in unsafe way\n(1) This section applies to a defendant charged with an offence against\nsection 16 (Knowingly handling food in unsafe way).\n(2) If the trier of fact is not satisfied that the defendant committed the\noffence but is satisfied that the defendant committed a lesser food\nhandling offence, the trier of fact may find the defendant not guilty of\nthe offence charged but guilty of the lesser food handling offence.\n\nlesser food handling offence means an offence against—\n(a) section 19 (Negligently handling food in unsafe way); or\n(b) section 22 (1) (which is about handling food in a way that\nrenders it unsafe etc).\n","sortOrder":36},{"sectionNumber":"36","sectionType":"section","heading":"Alternative verdicts for selling unsafe food","content":"36 Alternative verdicts for selling unsafe food\n(1) This section applies to a defendant charged with an offence against\nsection 17 (Knowingly selling unsafe food).\n(2) If the trier of fact is not satisfied that the defendant committed the\noffence but is satisfied that the defendant committed a lesser food\nselling offence, the trier of fact may find the defendant not guilty of\nthe offence charged but guilty of the lesser food selling offence.\nlesser food selling offence means an offence against—\n(a) section 20 (Negligently selling unsafe food); or\n(b) section 22 (2) (which is about the sale of unsafe food etc).\n\n","sortOrder":37},{"sectionNumber":"37","sectionType":"section","heading":"Definitions for pt 4","content":"37 Definitions for pt 4\ndispose, of food, includes impound, isolate or destroy the food.\nrecall order means an emergency order requiring the recall or\ndisposal, or both, of any food.\n","sortOrder":38},{"sectionNumber":"38","sectionType":"section","heading":"Making of emergency orders","content":"38 Making of emergency orders\nThe Minister may, in writing, make an order (an emergency order) if\nthe Minister believes, on reasonable grounds, that the making of the\norder is necessary to—\n(a) prevent or reduce the possibility of a serious danger to public\nhealth; or\n(b) mitigate the adverse consequences of a serious danger to public\nhealth.\n","sortOrder":39},{"sectionNumber":"39","sectionType":"section","heading":"Nature of emergency orders","content":"39 Nature of emergency orders\nAn emergency order may do 1 or more of the following:\n(a) require the publication of warnings, in a form approved by the\nMinister, that a food is unsafe;\n(b) prohibit the growing, raising, cultivation, picking, harvesting,\ncollection or catching, from an area, of a food or other primary\nproduce intended to be used for human consumption;\n(c) prohibit a food from being advertised or sold;\n(d) direct that a food consigned or distributed for sale or sold be\nrecalled and state how, and the period within which, the recall is\nto be conducted;\n\n(e) direct that a food or other primary produce intended to be used\nfor human consumption be disposed of and state how the\ndisposal is to be done;\n(f) prohibit absolutely the carrying on of an activity in relation to a\nfood, or permit the carrying on of the activity in accordance with\nconditions stated in the order;\n(g) without limiting paragraph (f), impose conditions relating to the\ntaking and analysis of samples of the food or of water, soil or\nanything else that is part of the environment in which the activity\nis carried on in relation to the food;\n(h) state methods of analysis (not inconsistent with any methods\nprescribed by the food standards code) of any samples required\nto be taken in accordance with the order.\nNote An order may be made in relation to a particular type of food (see\nLegislation Act, s 48).\n","sortOrder":40},{"sectionNumber":"40","sectionType":"section","heading":"Special provisions relating to recall orders","content":"40 Special provisions relating to recall orders\n(1) A recall order may require a person bound by the order to disclose to\nthe public (or a stated part of the public), in a stated way, 1 or more\nof the following:\n(a) the food to be recalled or disposed of;\n(b) the reasons why the food is considered to be unsafe;\n(c) the circumstances in which consumption of the food is unsafe;\n(d) procedures for disposing of the food.\n(2) A person who is required by a recall order to conduct a recall of food\nmust give written notice to the chief health officer of the completion\nof the recall as soon as practicable after its completion.\n(3) A person bound by a recall order is liable for any cost incurred by or\non behalf of the Territory in relation to the recall order and the cost is\ntaken to be a debt owing to the Territory.\n\n(4) In a proceeding for the recovery of the debt, a certificate signed by\nthe chief health officer stating the amount of the costs, and how they\nwere incurred, is evidence of the matters stated in the certificate.\n","sortOrder":41},{"sectionNumber":"41","sectionType":"section","heading":"How orders are made","content":"41 How orders are made\n(1) An emergency order may be addressed to—\n(a) the person or people intended to be bound by it; or\n(b) several people, a class of people, or all people.\n(2) A copy of an emergency order mentioned in subsection (1) (a) must\nbe served on the person or people intended to be bound by it.\nNote For how documents may be served, see the Legislation Act, pt 19.5.\n(3) As soon as practicable after an emergency order mentioned in\nsubsection (1) (b) is made, the Minister must give public notice of the\norder in a way that, in the Minister’s opinion, will be most likely to\nbring the order to the attention of the people to be bound by it.\nNote Public notice means notice on an ACT government website or in a daily\nnewspaper circulating in the ACT (see Legislation Act, dict, pt 1).\n(4) The public notice must set out—\n(a) the terms of the emergency order; and\n(b) the people to be bound by it.\n(5) An emergency order, when it takes effect, is binding on the person or\npeople to whom it is addressed.\n(6) An emergency order that is served on a person takes effect when it is\nserved on the person.\n(7) An emergency order that is notified under subsection (3) takes effect\nat the beginning of the 1st day when the order is notified under that\nsubsection.\n(8) An order expires at the end of 90 days after the day when it takes\neffect unless it is sooner revoked.\n\n(9) Subsection (8) does not prevent a further order being made in the\nsame terms as an order that has expired.\n","sortOrder":42},{"sectionNumber":"42","sectionType":"section","heading":"Operation of emergency orders","content":"42 Operation of emergency orders\n(1) A person bound by an emergency order may apply to the Supreme\nCourt for an order staying or otherwise affecting the operation of the\norder.\n(2) The Supreme Court may make an order staying or otherwise affecting\nthe operation of an emergency order only if satisfied that the making\nof the order will not—\n(a) create or increase the possibility of a serious danger to public\nhealth; or\n(b) aggravate the adverse consequences of a serious danger to\npublic health.\n(3) In deciding whether to make an order under this section, the Supreme\nCourt must have regard to section 44 (Compensation for emergency\norder).\n","sortOrder":43},{"sectionNumber":"43","sectionType":"section","heading":"Contravening emergency order","content":"43 Contravening emergency order\n(1) A person commits an offence if the person engages in conduct that\ncontravenes a prohibition, direction, condition or requirement of an\nemergency order applying to the person.\n(2) In this section:\nemergency order includes an emergency order as affected by an order\nof the Supreme Court under section 42 (Operation of emergency\norders).\n\n","sortOrder":44},{"sectionNumber":"44","sectionType":"section","heading":"Compensation for emergency order","content":"44 Compensation for emergency order\n(a) a person was bound by an emergency order; and\n(b) the person suffers loss or damage because of the making of the\norder; and\n(c) the person considers that there were insufficient grounds for the\n(2) The person may apply in writing, with reasons for the application, to\nthe Minister for compensation.\n(3) If there were insufficient grounds for the making of the order, the\nTerritory must pay reasonable compensation to the person.\n(4) However, compensation is not payable to the person—\n(a) in relation to any loss or damage suffered by the person because\nof an act or omission of the person; or\n(b) if the person caused or contributed to the danger to public health\nbecause of which the emergency order was made.\n(5) The Minister must—\n(a) decide whether to pay any compensation to the person and, if so,\nthe amount of the compensation; and\n(b) give the person written notice of the Minister’s decision.\n(6) If the Minister has not decided the application within 28 days after\nthe day the Minister received the application, the Minister is taken to\nhave refused to pay any compensation.\n\n","sortOrder":45},{"sectionNumber":"45","sectionType":"section","heading":"Definitions for pt 5","content":"45 Definitions for pt 5\nconnected—a thing is connected with an offence if—\n(a) the offence has been committed in relation to it; or\n(b) it will provide evidence of the commission of the offence; or\n(c) it was used, is being used, or is intended to be used, to commit\nthe offence.\noccupier, of premises, includes—\n(a) a person believed, on reasonable grounds, to be an occupier of\nthe premises; and\n(b) a person apparently in charge of the premises.\noffence includes an offence that there are reasonable grounds for\nbelieving has been, is being, or will be committed.\nplace of seizure—see section 52 (6) (a) (Power to seize things).\n\n","sortOrder":46},{"sectionNumber":"Div 5","sectionType":"division","heading":"2 Powers of authorised officers","content":"Division 5.2 Powers of authorised officers\ngenerally\n","sortOrder":47},{"sectionNumber":"46","sectionType":"section","heading":"Power to enter premises","content":"46 Power to enter premises\n(1) For this Act, an authorised officer may—\n(a) at any reasonable time, enter premises that the authorised officer\nbelieves, on reasonable grounds, are—\n(i) premises used in relation to the handling of food intended\nfor sale or the sale of food; or\n(ii) premises where there are documents relating to the\nhandling of food intended for sale, the sale of food or\nequipment; or\n(b) at any reasonable time, enter premises that the public is entitled\nto use or that are open to the public (whether or not on payment\nof money); or\n(c) at any time, enter premises with the occupier’s consent; or\n(d) enter premises in accordance with a warrant under this part; or\n(e) at any time, enter premises if the authorised officer believes, on\nreasonable grounds, that the circumstances are of such\nseriousness and urgency as to require immediate entry to the\npremises without the authority of a warrant.\n(2) However, subsection (1) (a) does not authorise entry into any part of\npremises that is being used solely for residential purposes except if\nthat part of the premises is being used for—\n(a) the preparation or service of meals provided with paid\naccommodation; or\n\n(b) the preparation of food intended for sale or the sale of food.\nExample—par (b)\na food catering service conducted from a house\n(3) For subsection (1), an authorised officer may stop and detain a vehicle\nthat the officer believes, on reasonable grounds, is—\n(a) a food transport vehicle; or\n(b) a vehicle where there are documents relating to the handling of\nfood intended for sale, the sale of food or equipment.\n(4) For subsection (3), the authorised officer—\n(a) may exercise the authorised officer’s powers in relation to the\nvehicle in a place to which the public has access to; and\n(b) must not detain the vehicle for longer than is reasonably\nnecessary to exercise the authorised officer’s powers under this\npart.\n(5) An authorised officer may, without the occupier’s consent, enter the\nland around premises to ask for consent to enter the premises.\n(6) To remove any doubt, an authorised officer may enter premises under\nsubsection (1) without payment of any entry fee or other charge.\n(7) For subsection (1) (e), the authorised officer may enter the premises\nwith any necessary assistance and force.\n(8) In this section:\nat any reasonable time means at any time—\n(a) for subsection (1) (a) (i)—during normal business hours or any\nother time when the premises are being used in relation to the\nhandling of food intended for sale or the sale of food; or\n(b) for subsection (1) (a) (ii)—during normal business hours; or\n\n(c) for subsection (1) (b)—at any time that the public is entitled to\nuse the premises, or that the premises are open to or used by the\npublic, (whether or not on payment of money).\n","sortOrder":48},{"sectionNumber":"47","sectionType":"section","heading":"Production of identity card","content":"47 Production of identity card\nAn authorised officer must not remain on premises entered under this\npart if the authorised officer does not produce his or her identity card\nfor inspection when asked by the occupier.\n","sortOrder":49},{"sectionNumber":"48","sectionType":"section","heading":"Consent to entry","content":"48 Consent to entry\n(1) When seeking the consent of an occupier for entering premises under\nsection 46 (1) (c) (Power to enter premises), an authorised officer\nmust—\n(a) produce his or her identity card; and\n(b) tell the occupier—\n(i) the purpose of the entry; and\n(ii) that anything found and seized under this part may be used\nin evidence in court; and\n(iii) that consent may be refused.\n(2) If the occupier consents, the authorised officer must ask the occupier\nto sign a written acknowledgment (an acknowledgment of\nconsent)—\n(a) that the occupier was told—\n(i) the purpose of the entry; and\n(ii) that anything found and seized under this part may be used\nin evidence in court; and\n(iii) that consent may be refused; and\n(b) that the occupier consented to the entry; and\n\n(c) stating the time, and date, when consent was given.\n(3) If the occupier signs an acknowledgment of consent, the authorised\nofficer must immediately give a copy to the occupier.\n(4) A court must find that an occupier of premises did not consent to an\nentry to the premises by an authorised officer under this part if—\n(a) the question whether the occupier consented to the entry arises\nin a proceeding in the court; and\n(b) an acknowledgment of consent for the entry is not produced in\nevidence for the entry; and\n(c) it is not proved that the occupier consented to the entry.\n","sortOrder":50},{"sectionNumber":"49","sectionType":"section","heading":"Warrants","content":"49 Warrants\n(1) An authorised officer may apply to a magistrate for a warrant to enter\npremises.\n(2) The application must be sworn and state the grounds on which the\nwarrant is sought.\n(3) The magistrate may refuse to consider the application until the\nauthorised officer gives the magistrate all the information the\nmagistrate requires about the application in the way the magistrate\nrequires.\n(4) The magistrate may issue a warrant only if satisfied there are\nreasonable grounds for suspecting—\n(a) there is a particular thing or activity connected with an offence\nagainst this Act; and\n(b) the thing or activity is at the premises, or may be at the premises\nwithin the next 14 days.\n\n(5) The warrant must state—\n(a) that an authorised officer may, with any necessary assistance\nand force, enter the premises and exercise the authorised\nofficer’s powers under this part; and\n(b) the offence for which the warrant is issued; and\n(c) the things that may be seized under the warrant; and\n(d) the hours when the premises may be entered; and\n(e) the date, within 14 days after the warrant’s issue, the warrant\nends.\n","sortOrder":51},{"sectionNumber":"50","sectionType":"section","heading":"Warrants—application made other than in person","content":"50 Warrants—application made other than in person\n(1) An authorised officer may apply for a warrant by phone, fax, radio or\nother form of communication if the authorised officer considers it\nnecessary because of—\n(a) urgent circumstances; or\n(b) other special circumstances.\n(2) Before applying for the warrant, the authorised officer must prepare\nan application stating the grounds on which the warrant is sought.\n(3) The authorised officer may apply for the warrant before the\napplication is sworn.\n(4) After issuing the warrant, the magistrate must immediately provide a\nwritten copy to the authorised officer if it is practicable to do so.\n(5) If it is not practicable to provide a written copy to the authorised\nofficer—\n(a) the magistrate must—\n(i) tell the authorised officer what the terms of the warrant are;\nand\n\n(ii) tell the authorised officer the date and time the warrant was\nissued; and\n(b) the authorised officer must complete a form of warrant (the\nwarrant form) and write on it—\n(i) the magistrate’s name; and\n(ii) the date and time the magistrate issued the warrant; and\n(iii) the warrant’s terms.\n(6) The written copy of the warrant, or the warrant form properly\ncompleted by the authorised officer, authorises the entry and the\nexercise of the authorised officer’s powers under this part.\n(7) The authorised officer must, at the first reasonable opportunity, send\nto the magistrate—\n(a) the sworn application; and\n(b) if the authorised officer completed a warrant form—the\ncompleted warrant form.\n(8) On receiving the documents, the magistrate must attach them to the\nwarrant.\n(9) A court must find that a power exercised by an authorised officer was\nnot authorised by a warrant under this section if—\n(a) the question arises in a proceeding before the court whether the\nexercise of power was authorised by a warrant; and\n(b) the warrant is not produced in evidence; and\n(c) it is not proved that the exercise of power was authorised by a\nwarrant under this section.\n\n","sortOrder":52},{"sectionNumber":"51","sectionType":"section","heading":"General powers of authorised officers","content":"51 General powers of authorised officers\n(1) An authorised officer who enters premises (including a vehicle) under\nthis part may, for this Act, do 1 or more of the following in relation\nto the premises or anything on the premises:\n(a) examine any food sold or intended for sale or any equipment;\n(b) examine and copy, or take extracts from, any documents relating\nto food intended for sale, the sale of food or equipment;\n(c) examine and copy, or take extracts from, any packaging,\nlabelling or advertising material;\n(d) examine any system of work in or on the premises;\n(e) examine anything else in or on the premises;\n(f) open (or require to be opened) any container or package that the\nauthorised officer believes, on reasonable grounds—\n(i) contains any food sold or intended for sale or any\nequipment; or\n(ii) is used in relation to the transport of food;\n(g) open or operate (or require to be opened or operated) any\nequipment;\n(h) subject to part 6 (Taking and analysis of food samples), take for\nanalysis samples of any food sold or intended for sale;\n(i) take for analysis samples of water, soil or anything else that is\npart of the environment in which food is handled to find out\nwhether that environment poses a risk to the safety of the food\nfor human consumption;\n(j) take for analysis samples of or from anything else in or on the\npremises;\n(k) conduct any other examination to find out whether this Act\n(including the food standards code) is being complied with;\n\n(l) take measurements, conduct tests and make sketches, drawings\nor any other kind of record (including photographs, films, or\naudio, video or other recordings);\n(m) under section 52 (Power to seize things), seize a thing in or on\nthe premises;\n(n) require the occupier, or a person on the premises, to provide\ninformation, answer questions, or produce documents or\nanything else, reasonably needed for the authorised officer’s\nfunctions under this Act;\n(o) require the occupier, or a person on the premises, to give the\nauthorised officer reasonable assistance to exercise a power\nunder this part.\nNote 1 The dictionary defines examine as including inspect, weigh, count, test\nor measure.\nNote 2 A reference to an Act includes a reference to the statutory instruments\n(2) A person commits an offence if the person fails to take reasonable\nsteps to comply with a requirement made of the person under\nsubsection (1) (n) or (o).\nNote The Legislation Act, s 170 and s171 deal with the application of the\nprivilege against self-incrimination and client legal privilege.\n(4) An authorised officer may exercise any of the powers mentioned in\nsubsection (1) (a) to (o) in relation to food in a public place that the\nofficer suspects, on reasonable grounds, is food sold or intended for\nsale (whether or not the food was sold or intended for sale in the\npublic place).\n\n(5) This Act applies in relation to the exercise of a power under\nsubsection (4) as if—\n(a) the public place were premises entered by the authorised officer\nunder this part; and\n(b) the proprietor of the food business concerned were the occupier\nof the premises; and\n(c) all other necessary changes were made.\n(6) Without limiting subsection (5), if a person is required to do\nsomething by an authorised officer under subsection (4), the person\nis not obliged to comply with the requirement if the authorised officer\ndoes not produce his or her identity card for inspection when asked\nby the person.\n","sortOrder":53},{"sectionNumber":"52","sectionType":"section","heading":"Power to seize things","content":"52 Power to seize things\n(1) An authorised officer who enters premises under this part with the\noccupier’s consent may seize a thing in or on the premises if—\n(a) the authorised officer is satisfied, on reasonable grounds, that\nthe thing is connected with an offence against this Act; and\n(b) seizure of the thing is consistent with the purpose of the entry as\ntold to the occupier when seeking the occupier’s consent.\n(2) An authorised officer who enters premises under a warrant issued\nunder this part may seize anything in or on the premises that the\nauthorised officer is authorised to seize under the warrant.\n(3) An authorised officer who enters premises under this part (whether\nwith the occupier’s consent, under a warrant or otherwise) may seize\nanything in or on the premises if satisfied, on reasonable grounds,\nthat—\n(a) the thing is connected with an offence against this Act; and\n\n(b) the seizure is necessary to prevent the thing from being—\n(i) concealed, lost or destroyed; or\n(ii) used to commit, continue or repeat the offence.\n(4) Also, an authorised officer who enters premises under this part\n(whether with the occupier’s consent, under a warrant or otherwise)\nmay seize any food in or on the premises if satisfied, on reasonable\ngrounds, that the food—\n(a) is unsafe or unsuitable; or\n(b) consists partly or completely of decomposed, filthy, putrid or\nspoiled matter; or\n(c) otherwise poses an immediate risk to health or property.\n(5) The powers of an authorised officer under subsection (3) or (4) are\nadditional to any powers of the authorised officer under\nsubsection (1) or (2) or any other territory law.\n(6) Having seized a thing, an authorised officer may—\n(a) remove the thing from the premises where it was seized (the\nplace of seizure) to another place; or\n(b) leave the thing at the place of seizure but restrict access to it; or\n(c) for food mentioned in subsection (4)—destroy or otherwise\ndispose of the food under section 53 (6) (Power to destroy\ndecomposed food etc).\nExample—how access may be restricted\nThe authorised officer may—\n(a) place the seized thing in a room or other enclosed area, compartment or cabinet\nat the place of seizure; and\n(b) fasten and seal the door or opening providing access to the room, area,\ncompartment or cabinet; and\n(c) mark the door or opening in a way that indicates that access to it has been\nrestricted under this Act.\n\n(7) A person commits an offence if the person interferes with a seized\nthing, or anything containing a seized thing, to which access has been\nrestricted under subsection (6).\nNote An authorised officer may seize a thing in a public place under this\nsection and this part applies to the thing seized, see s 51 (4) to (6).\n(8) Subsection (7) does not apply if the person has an authorised officer’s\napproval to interfere with the thing.\n","sortOrder":54},{"sectionNumber":"53","sectionType":"section","heading":"Power to destroy decomposed food etc","content":"53 Power to destroy decomposed food etc\n(1) This section applies to food inspected or seized under this part by an\nauthorised officer if the authorised officer is satisfied, on reasonable\ngrounds, that the food—\n(a) is unsafe or unsuitable; or\n(b) consists partly or completely of decomposed, filthy, putrid or\nspoiled matter; or\n(c) otherwise poses an immediate risk to health or property.\n(2) The authorised officer may direct the proprietor of the food business\nconcerned to destroy or otherwise dispose of the food.\n(3) The direction may state 1 or more of the following:\n(a) how the food must be destroyed or otherwise disposed of;\n(b) how the food must be kept until it is destroyed or otherwise\ndisposed of;\n(c) the period within which the food must be destroyed or otherwise\ndisposed of.\n(4) The proprietor of a food business commits an offence if the proprietor\ncontravenes a direction given to the proprietor under subsection (2).\n\n(6) Alternatively, if the food has been seized under this part, the\nauthorised officer may destroy or otherwise dispose of the food.\n(7) Costs incurred by or on behalf of the Territory in relation to the\ndisposal of food under subsection (6) are a debt owing to the Territory\nby the proprietor of the food business.\n","sortOrder":55},{"sectionNumber":"54","sectionType":"section","heading":"Power to require name and address","content":"54 Power to require name and address\n(1) An authorised officer may require a person to state the person’s name\nand home address if the authorised officer believes on reasonable\ngrounds that the person is committing or has just committed an\noffence against this Act.\nmade or in force under the Act, including any regulation (see Legislation\nAct, s 104).\n(2) The authorised officer must tell the person the reason for the\nrequirement and, as soon as practicable, record the reason.\n(3) The person may ask the authorised officer to produce his or her\nidentity card for inspection by the person.\n(4) A person commits an offence if—\n(a) the authorised officer—\n(i) tells the person the reason for the requirement made of the\nperson under subsection (1); and\n(ii) complies with any request made by the person under\nsubsection (3); and\n(b) the person fails to comply with the requirement.\nMaximum penalty: 10 penalty units.\n\n","sortOrder":56},{"sectionNumber":"55","sectionType":"section","heading":"Receipt for things seized","content":"55 Receipt for things seized\n(1) As soon as practicable after a thing is seized by an authorised officer\nunder this part, the authorised officer must give a receipt for it to the\nperson from whom it was seized.\n(2) If, for any reason, it is not practicable to comply with subsection (1),\nthe authorised officer must leave the receipt, secured conspicuously,\nat the place of seizure.\n(3) A receipt under this section must include the following:\n(a) a description of the thing seized;\n(b) an explanation why the thing was seized;\n(c) an explanation of the person’s right to apply to a court under\nsection 58 (Application for order disallowing seizure) for an\norder disallowing the seizure;\n(d) if the thing is removed from the premises where it is seized—\nwhere the thing is to be taken to;\n(e) the authorised officer’s name, business address and telephone\nnumber.\n","sortOrder":57},{"sectionNumber":"56","sectionType":"section","heading":"Access to things seized","content":"56 Access to things seized\n(1) This section applies to a document or anything else seized under this\npart (other than to food mentioned in section 52 (4) (which is about\nthe seizure of contaminated or putrid food etc)).\n(2) If asked by a person who would be entitled to inspect the thing if it\nwere not seized under this part, an authorised officer must allow the\nperson, at any reasonable time—\n(a) for a document—to inspect it, take extracts from it or make\ncopies of it; and\n\n(b) for anything else—inspect it.\n","sortOrder":58},{"sectionNumber":"57","sectionType":"section","heading":"Return of things seized","content":"57 Return of things seized\n(1) A thing seized under this part must be returned to its owner, or\nreasonable compensation must be paid to the owner by the Territory\nfor the loss of the thing, if—\n(a) an infringement notice for an offence relating to the thing is not\nserved on its owner within 6 months after the day of the seizure\nand either—\n(i) a prosecution for an offence relating to the thing is not\nbegun within the 6 month period; or\n(ii) a prosecution for an offence relating to the thing is begun\nwithin the 6 month period and the court does not find the\noffence proved; or\n(b) an infringement notice for an offence relating to the thing is\nserved on its owner within 6 months after the day of the seizure,\nthe infringement notice is withdrawn and either—\n(i) a prosecution for an offence relating to the thing is not\nbegun within 6 months after the day of the seizure; or\n(ii) a prosecution for an offence relating to the thing is begun\nwithin 6 months after the day of the seizure and the court\ndoes not find the offence proved; or\n(c) an infringement notice for an offence relating to the thing is\nserved on its owner within 6 months after the day of the seizure,\nliability for the offence is disputed in accordance with the\nMagistrates Court Act 1930, section 132 (Disputing liability for\ninfringement notice offence) and either—\n(i) an information is not laid in the Magistrates Court against\nthe person for the offence within 60 days after the day the\nperson gives notice under section 132 that liability is\ndisputed; or\n\n(ii) the Magistrates Court does not find the offence proved; or\n(d) before the thing is forfeited to the Territory under section 61\n(Forfeiture of seized things), the chief health officer—\n(i) becomes satisfied that there has been no offence against\nthis Act with which the thing was connected; or\n(ii) decides not to prosecute the offence.\n(2) However, this section does not apply—\n(a) to food mentioned in section 52 (4) (which is about the seizure\nof contaminated or putrid food etc); or\n(b) if the chief health officer believes, on reasonable grounds, that\nthe only practical use of the thing in relation to a food business\nwould be an offence against this Act.\n","sortOrder":59},{"sectionNumber":"58","sectionType":"section","heading":"Application for order disallowing seizure","content":"58 Application for order disallowing seizure\n(1) A person claiming to be entitled to anything seized under this part\n(other than to food mentioned in section 52 (4) (which is about the\nseizure of contaminated or putrid food etc)) may apply to the\nMagistrates Court within 10 days after the day of the seizure for an\norder disallowing the seizure.\n(2) An application under subsection (1) may be heard only if the\napplicant has served a copy of the application on the chief health\n(3) The chief health officer is entitled to appear as respondent at the\nhearing of an application.\n","sortOrder":60},{"sectionNumber":"59","sectionType":"section","heading":"Order for return of seized thing","content":"59 Order for return of seized thing\n(1) This section applies if a person claiming to be entitled to anything\nseized under this part applies to the Magistrates Court under\nsection 58 for an order disallowing the seizure.\n\n(2) The Magistrates Court must make an order disallowing the seizure\nif—\n(a) it is proved that the applicant would, apart from the seizure, be\nentitled to the return of the seized thing; and\n(b) it is not proved there is an offence against this Act with which\nthe thing is connected.\n(3) The Magistrates Court may also make an order disallowing the\nseizure if satisfied there are exceptional circumstances justifying the\n(4) If the Magistrates Court makes an order disallowing the seizure, the\ncourt may make 1 or more of the following ancillary orders:\n(a) an order directing the chief health officer to return the thing to\nthe applicant or to someone else that appears to be entitled to it;\n(b) if the thing cannot be returned or has depreciated in value\nbecause of the seizure—an order directing the Territory to pay\nreasonable compensation;\n(c) an order about the payment of costs in relation to the application.\n(5) The awarding of costs is at the discretion of the Magistrates Court.\n(6) If the Magistrates Court makes an order for the payment of\ncompensation or for costs, the order is enforceable as a judgment of\nthe court.\n","sortOrder":61},{"sectionNumber":"60","sectionType":"section","heading":"Adjournment pending hearing of other proceedings","content":"60 Adjournment pending hearing of other proceedings\n(1) This section applies to the hearing of an application under section 58\n(Application for order disallowing seizure).\n(2) If it appears to the Magistrates Court that the seized thing is required\nto be produced in evidence in a pending proceeding in relation to an\noffence against a territory law, the court may, on the application of\nthe chief health officer or its own initiative, adjourn the hearing until\nthe conclusion of that proceeding.\n\n","sortOrder":62},{"sectionNumber":"61","sectionType":"section","heading":"Forfeiture of seized things","content":"61 Forfeiture of seized things\n(a) anything seized under this part has not been destroyed or\notherwise disposed of under section 53 (Power to destroy\ndecomposed food etc) or returned under section 57 (Return of\nthings seized); and\n(b) an application for disallowance of the seizure under section 58\n(Application for order disallowing seizure)—\n(i) has not been made within 10 days after the day of the\nseizure; or\n(ii) has been made within that period, but the application has\nbeen refused or has been withdrawn before a decision in\nrelation to the application had been made.\n(2) If this section applies to the seized thing—\n(a) it is forfeited to the Territory; and\n(b) it may be sold, destroyed or otherwise disposed of as the chief\nhealth officer directs.\n","sortOrder":63},{"sectionNumber":"62","sectionType":"section","heading":"Return of forfeited things","content":"62 Return of forfeited things\n(1) This section applies to a thing forfeited under section 61 that has not\nbeen disposed of in a way that would prevent its return.\n(2) If the chief health officer becomes satisfied that there has been no\noffence against this Act with which the thing was connected, the chief\nhealth officer must, as soon as practicable, return the thing to the\nperson from whom it was seized or someone else who appears to the\nchief health officer to be entitled to it.\n(3) On its return, any proprietary and other interests in the thing that\nexisted immediately before its forfeiture are restored.\n\n","sortOrder":64},{"sectionNumber":"63","sectionType":"section","heading":"Cost of disposal of things forfeited","content":"63 Cost of disposal of things forfeited\n(a) a person is convicted, or found guilty, of an offence against this\nAct in relation to a thing forfeited to the Territory under this part;\nand\n(b) the thing was connected with an offence against this Act; and\n(c) the person was the owner of the thing immediately before its\nforfeiture.\n(2) If this section applies, costs incurred by or on behalf of the Territory\nin relation to the lawful disposal of the thing (including storage costs)\nare a debt owing to the Territory by the person.\n","sortOrder":65},{"sectionNumber":"70","sectionType":"section","heading":"Damage etc to be minimised","content":"70 Damage etc to be minimised\n(1) In the exercise, or purported exercise, of a function under this part, an\nauthorised officer must take all reasonable steps to ensure that the\nauthorised officer, and any person assisting the authorised officer,\ncauses as little inconvenience, detriment and damage as is practicable.\n(2) If an authorised officer, or a person assisting an authorised officer,\ndamages anything in the exercise or purported exercise of a function\nunder this part, the authorised officer must give written notice of the\nparticulars of the damage to the person whom the authorised officer\nbelieves, on reasonable grounds, is the owner of the thing.\n(3) If the damage happens on premises entered under this part in the\nabsence of the occupier, the notice may be given by securing it in a\nconspicuous place on the premises.\n\nMiscellaneous Division 5.4\n","sortOrder":66},{"sectionNumber":"71","sectionType":"section","heading":"Compensation to be paid in certain circumstances","content":"71 Compensation to be paid in certain circumstances\n(1) A person may claim compensation from the Territory if the person\nsuffers loss or expense because of the exercise, or purported exercise,\nof a function under this part by an authorised officer or a person\nassisting an authorised officer.\n(2) Compensation may be claimed and ordered in a proceeding for—\n(a) compensation brought in a court of competent jurisdiction; or\n(b) an order under section 58 (Application for order disallowing\nseizure); or\n(c) an offence against this Act brought against the person making\nthe claim for compensation.\n(3) A court may order the payment of reasonable compensation for the\nloss or expense only if it is satisfied it is just to make the order in the\ncircumstances of the particular case.\n(4) A regulation may prescribe matters that may, must or must not be\ntaken into account by the court in considering whether it is just to\nmake the order.\n\n","sortOrder":67},{"sectionNumber":"Part 6","sectionType":"part","heading":"Taking and analysis of food","content":"Part 6 Taking and analysis of food\nsamples\n","sortOrder":68},{"sectionNumber":"72","sectionType":"section","heading":"Samples for routine monitoring of Act","content":"72 Samples for routine monitoring of Act\nThis part does not prevent an authorised officer from buying a sample\nof food for analysis for the routine monitoring of compliance with\nthis Act without complying with the requirements of this part.\nNote For the admissibility of the analysis of a sample of food taken by an\nauthorised officer, see s 135.\n","sortOrder":69},{"sectionNumber":"73","sectionType":"section","heading":"Other samples—proprietor to be told sample to be","content":"73 Other samples—proprietor to be told sample to be\nanalysed\n(1) This section applies if an authorised officer proposes to take, or takes,\na sample of food from a food business for analysis.\n(2) Before or as soon as practicable after taking the sample, the\nauthorised officer must tell the proprietor of the food business or, if\nthe proprietor is not present or readily available, the person from\nwhom the sample was obtained or who was in charge of the food from\nwhich the sample was taken, of the authorised officer’s intention to\nhave the sample analysed.\n(3) However, this section does not apply if the authorised officer obtains\nthe sample from a vending machine and the authorised officer cannot\nidentify anyone who appears to be in charge of the machine at the\ntime the sample is obtained.\n","sortOrder":70},{"sectionNumber":"74","sectionType":"section","heading":"Payment for samples","content":"74 Payment for samples\n(1) This section applies if an authorised officer takes a sample of food\nfrom a food business for analysis.\n\nTaking and analysis of food samples Part 6\n(2) The authorised officer must pay to the person from whom the sample\nis taken, or tender payment to that person of—\n(a) the amount prescribed by regulation as the amount payable for\nthe sample; or\n(b) if no amount is prescribed—the current market value of the\nsample.\n(3) However, this section does not apply if the authorised officer obtains\nthe sample from a vending machine by paying for it.\n","sortOrder":71},{"sectionNumber":"75","sectionType":"section","heading":"Samples from packaged food","content":"75 Samples from packaged food\n(1) This section applies to food that is contained in a closed package\nintended for retail sale.\n(2) An authorised officer who takes a sample of the food for analysis\nmust take the entire package unless the package contains 2 or more\nsmaller packages of the same food.\n","sortOrder":72},{"sectionNumber":"76","sectionType":"section","heading":"Procedures for dividing food samples","content":"76 Procedures for dividing food samples\n(1) This section applies to a sample of food taken by an authorised officer\nfor analysis except to the extent that the food standards code\notherwise provides.\n(2) An authorised officer who takes a sample of food for analysis must,\nunless subsection (3) or (4) apply in relation to the sample—\n(a) divide the sample into 3 separate parts, and mark and seal or\nfasten each part in a way that its nature allows; and\n(b) leave 1 part with the person told under section 73 (2) (Other\nsamples—proprietor to be told sample to be analysed) of the\nauthorised officer’s intention to have the sample analysed; and\n(c) keep 1 of the remaining parts for analysis; and\n(d) keep the remaining part for future comparison with the other\nparts of the sample.\n\n(3) If a sample of food taken by an authorised officer is in the form of\nseparate or severable objects, the authorised officer—\n(a) may take a number of the objects; and\n(b) if the authorised officer takes a number of the objects, must—\n(i) divide them into 3 parts each consisting of 1 or more of the\nobjects, or of the severable parts of the objects, and mark\nand either seal or fasten each part; and\n(ii) deal with the sample under subsection (2) (b) to (d).\n(4) The authorised officer may comply with subsection (5) if the division\nof a sample of food into 3 separate parts would, in the authorised\nofficer’s opinion—\n(a) so affect or impair the composition or quality of the sample as\nto make the separate parts unsuitable for accurate analysis; or\n(b) result in the separate parts being of an insufficient size for\naccurate analysis; or\n(c) otherwise make the sample unsuitable for analysis (including a\nmethod of analysis prescribed by regulation in relation to the\nfood from which the sample was taken).\n(5) If subsection (4) applies in relation to a sample of food, the authorised\nofficer may take as many samples as the authorised officer considers\nnecessary to allow an accurate analysis to be made and may deal with\nthe sample or samples in any way that is appropriate in the\ncircumstances.\n\nTaking and analysis of food samples Part 6\n","sortOrder":73},{"sectionNumber":"77","sectionType":"section","heading":"Analysis to comply with food standards code","content":"77 Analysis to comply with food standards code\nA person who carries out an analysis of a sample of food for this Act\nmust comply with any requirements of the food standards code\nrelating to the carrying out of analyses.\nNote 1 It is presumed that each part of a sample of food divided for the purpose\nof analysis for this Act is of uniform composition with every other part\nof the sample, see s 132 (d).\nNote 2 A court may order the analysis of a sample of food under s 137.\n","sortOrder":74},{"sectionNumber":"78","sectionType":"section","heading":"Certificates of analysis by authorised analysts","content":"78 Certificates of analysis by authorised analysts\n(1) The analysis of a sample of food for the chief health officer must be\ncarried out by an authorised analyst or under the supervision of an\nauthorised analyst.\n(2) The authorised analyst must give to the chief health officer a\ncertificate of analysis that—\n(a) is signed and dated by the analyst; and\n(b) contains a written report of the analysis that sets out the findings;\nand\n(c) states the requirements (if any) of the food standards code\nrelating to the carrying out of the analysis and certifies that the\nanalysis was carried out in accordance with those requirements.\nNote For evidentiary certificates by authorised analysts, see the Public Health\nAct 1997, s 135A.\n\n","sortOrder":75},{"sectionNumber":"Part 7","sectionType":"part","heading":"Improvement notices and","content":"Part 7 Improvement notices and\nprohibition orders\n","sortOrder":76},{"sectionNumber":"79","sectionType":"section","heading":"Service of improvement notices","content":"79 Service of improvement notices\nAn authorised officer may serve an improvement notice on the\nproprietor of a food business if the authorised officer believes, on\nreasonable grounds, that—\n(a) premises or equipment used by the food business in relation to\nthe handling of food intended for sale or the sale of food is in an\nunclean or insanitary condition or is otherwise unfit for the\npurpose for which it is designed or intended to be used; or\n(b) this Act (including the food standards code) has been, is being\nor will be contravened by the food business in relation to the\nhandling of food intended for sale or the sale of food; or\n(c) a relevant food safety program prepared under a regulation is not\nbeing carried out adequately by the food business in relation to\npremises or equipment used in relation to the handling of food\nExamples—par (b)\n1 The food business’s premises or equipment do not comply with the food safety\nstandards.\n","sortOrder":77},{"sectionNumber":"2","sectionType":"section","heading":"The food standards code is being contravened on premises used by the food","content":"2 The food standards code is being contravened on premises used by the food\nbusiness in relation to the handling of food intended for sale or the sale of food.\nNote 1 The dictionary defines premises as including land and a vehicle.\nNote 2 For how documents may be served, see the Legislation Act, pt 19.5.\nNote 3 A reference to an Act includes a reference to the statutory instruments\n\n","sortOrder":78},{"sectionNumber":"80","sectionType":"section","heading":"Contents of improvement notices","content":"80 Contents of improvement notices\n(1) An improvement notice may direct the proprietor of the food business\non whom the notice is served to do 1 or more of the following within\nthe period for compliance:\n(a) put particular premises or equipment into a clean and sanitary\ncondition, or repair particular premises or equipment, to the\nsatisfaction of an authorised officer;\n(b) replace particular equipment or a vehicle;\n(c) prepare a food safety program if a food safety program is\nrequired under a regulation;\n(d) amend a food safety program required under a regulation to\ncomply with the regulations;\n(e) in relation to the handling of food intended for sale or the sale\nof food—take particular measures to carry out a relevant food\nsafety program required to be prepared under a regulation;\n(f) in relation to the handling of food intended for sale or the sale\nof food—take particular measures to carry out the requirements\nof the food safety standards (including in relation to the handling\nof food in a particular way or for a particular purpose);\n(g) destroy or otherwise dispose of particular food;\n(h) take other action to ensure that the food business complies with\nthis Act (including the food standards code).\nExample—par (h)\nLabelling on food intended for sale must be changed to comply with the food\nNote See also s 84 for the scope of an improvement notice, including the\ndirections that may be given about the destruction of food.\n(2) Also, the improvement notice—\n(a) must state that it is an improvement notice under this Act; and\n\n(b) must state the period for compliance; and\n(c) must state the provision of this Act (including any relevant\nprovision of the food standards code) to which it relates; and\n(d) must state the authorised officer’s belief on which service of the\nnotice was based and a brief explanation for it; and\n(e) may state particular action that may be taken to ensure\ncompliance with any provision of this Act (including the food\nstandards code) to which it relates.\n(3) Before the end of the period for compliance stated in the improvement\nnotice, an authorised officer may, on his or her own initiative or if\nasked by the proprietor of the food business, extend the period (the\nextended period) within which the proprietor of the food business\nmust comply with the notice.\n(4) In this section:\nperiod for compliance means the period beginning on the service of\nthe notice to the end of—\n(a) 24 hours or, if a longer period is stated in the notice, that period;\nor\n(b) if the period applying under paragraph (a) is extended—the\nextended period.\n","sortOrder":79},{"sectionNumber":"81","sectionType":"section","heading":"Compliance with improvement notices","content":"81 Compliance with improvement notices\n(1) If an improvement notice is complied with, an authorised officer must\nnote the date of compliance on a copy of the notice (the compliance\ncopy) and, as soon as practicable, give a copy of the compliance copy\nto the proprietor of the food business in relation to which the\nimprovement notice was served.\n\n(2) An improvement notice ceases to apply to the food business in\nrelation to which it was served if an authorised officer notes the date\nof compliance with the notice by the food business on a copy of the\nnotice.\n","sortOrder":80},{"sectionNumber":"82","sectionType":"section","heading":"Service of prohibition orders","content":"82 Service of prohibition orders\nAn authorised officer may serve a prohibition order on the proprietor\nof a food business if the authorised officer believes, on reasonable\ngrounds—\n(a) that any of the circumstances mentioned in section 79 (a), (b) or\n(c) (Service of improvement notices) apply in relation to the\nfood business; and\n(b) that—\n(i) the proprietor of the food business has not complied with\nan improvement notice in relation to the circumstances\nwithin the period for compliance for the notice under\nsection 80 (Contents of improvement notices); or\n(ii) service of the order is necessary to prevent or mitigate a\nserious danger to public health.\nNote For how documents may be served, see the Legislation Act, pt 19.5.\n","sortOrder":81},{"sectionNumber":"83","sectionType":"section","heading":"Contents of prohibition orders","content":"83 Contents of prohibition orders\n(1) A prohibition order may direct the proprietor of the food business on\nwhom the order is served not to do 1 or more of the following until\nthe proprietor is given a clearance certificate for the order:\n(a) use particular premises or equipment in relation to the handling\nor otherwise of food intended for sale or the sale of food;\n(b) handle food intended for sale in a particular way or for a\nparticular purpose;\n(c) do anything else in relation to food intended for sale or the sale\nof food.\n\n(2) The prohibition order may direct the proprietor of the food business\nconcerned to destroy or otherwise dispose of particular food.\nNote See also s 84 for the scope of an prohibition order, including the\ndirections that may be given about the destruction of food.\n(3) Also, the prohibition order—\n(a) must state that it is a prohibition order under this Act; and\n(b) must state the provision of this Act (including any relevant\nprovision of the food standards code) to which it relates; and\n(c) must state the authorised officer’s belief on which service of the\nnotice was based and a brief explanation for it; and\n(d) may state particular action that may be taken to ensure\ncompliance with any provision of this Act (including the food\nstandards code) to which it relates; and\n(e) must include a statement to the effect that the proprietor of the\nfood business may ask for a reinspection of the things in relation\nto which the prohibition order was served if the proprietor\nconsiders that the food business complies with this Act.\n","sortOrder":82},{"sectionNumber":"84","sectionType":"section","heading":"Scope of improvement notices and prohibition orders","content":"84 Scope of improvement notices and prohibition orders\n(1) An improvement notice or prohibition order may be made in relation\nto 1 or more of the following:\n(a) any premises, or any part of any premises, used by the food\nbusiness concerned in relation to the handling or otherwise of\nfood intended for sale or the sale of food;\n(b) any equipment or vehicles used by the food business in relation\nto the handling or otherwise of food intended for sale or the sale\nof food;\n(c) the handling of food intended for sale by the food business in a\nparticular way or for a particular purpose;\n\n(d) any food intended for sale or sold.\n(2) A direction under section 80 (1) (g) (Contents of improvement\nnotices) or section 83 (2) (Contents of prohibition orders) may state\n1 or more of the following:\n(a) how the food must be destroyed or otherwise disposed of;\n(b) how the food must be kept until it is destroyed or otherwise\ndisposed of;\n(c) the period within which the food must be destroyed or otherwise\ndisposed of.\n","sortOrder":83},{"sectionNumber":"84A","sectionType":"section","heading":"Display of closure notices","content":"84A Display of closure notices\n(1) This section applies if a prohibition order—\n(a) is served on the proprietor of a food business; and\n(b) directs the proprietor not to use particular premises of the\nbusiness for—\n(i) the sale of food; or\n(ii) the handling of, or doing of any other thing to, food\nintended for sale.\n(2) A notice (a closure notice)—\n(a) must be placed at each public entrance to the premises of the\nfood business by an authorised officer as soon as practicable\nafter the prohibition order is served on the proprietor of the\n(b) may only be removed by an authorised officer.\n\n(3) An authorised officer may remove a closure notice—\n(a) if a clearance certificate is issued for the prohibition order to\nwhich the notice relates; or\n(b) to reposition, update or correct the notice.\n","sortOrder":84},{"sectionNumber":"84B","sectionType":"section","heading":"Contents of closure notices","content":"84B Contents of closure notices\nA closure notice displayed at the premises of a food business must\ncontain the following information:\n(a) the name and address of the business;\n(b) a statement that the business is subject to a prohibition order\nunder this Act;\n(c) the date the order was made;\n(d) that it is an offence to interfere with the display or contents of\nthe notice;\n(e) the words ‘ACT Government’ and ‘Health Directorate’ at the\nhead of the notice;\n(f) any other information the chief health officer considers\nappropriate to include.\n","sortOrder":85},{"sectionNumber":"84C","sectionType":"section","heading":"Proprietor to maintain closure notice","content":"84C Proprietor to maintain closure notice\n(1) The proprietor of a food business commits an offence if—\n(a) an authorised officer places a closure notice at the premises of\nthe food business; and\n(b) the proprietor fails to ensure that—\n(i) the closure notice is not moved from where it was placed;\nor\n(ii) no part of the closure notice is obscured or defaced.\n\n(2) It is a defence to a prosecution for an offence against subsection (1)\nif the proprietor proves that the proprietor took reasonable steps to\nensure that—\n(a) the closure notice was not moved from where it was placed by\nthe authorised officer; and\n(b) no part of the closure notice was obscured or defaced.\nNote The defendant has a legal burden in relation to the matters mentioned in\ns (2) (see Criminal Code, s 59).\n","sortOrder":86},{"sectionNumber":"85","sectionType":"section","heading":"Request for reinspection","content":"85 Request for reinspection\n(1) This section applies to the proprietor of a food business on whom a\nprohibition order has been served if the proprietor considers that the\nfood business complies with this Act.\n(2) The proprietor may, in writing, ask the chief health officer to arrange\nfor an authorised officer to reinspect the things in relation to which\nthe prohibition order was served.\n(3) If the request relates to a vehicle or equipment, the vehicle or\nequipment must be made available for reinspection where it was\noriginally inspected or at another place agreed to by an authorised\n(4) If, through no fault of the proprietor, an authorised officer does not\nmake the reinspection within the relevant period, a clearance\ncertificate for the prohibition order is taken to have been given to the\nproprietor.\n(5) Subsection (4) does not prevent an improvement notice or another\nprohibition order being served on the proprietor in relation to the\nsame premises, equipment or anything else.\n(6) In this section:\nrelevant period means 48 hours from the receipt by the chief health\nofficer of the request for reinspection.\n\n","sortOrder":87},{"sectionNumber":"86","sectionType":"section","heading":"Clearance certificates","content":"86 Clearance certificates\n(1) This section applies if an authorised officer reinspects the things in\nrelation to which a prohibition order was served on the proprietor of\na food business.\n(2) The authorised officer must issue a clearance certificate for the\nprohibition order if the authorised officer finds that—\n(a) the reinspected things are no longer a serious danger to public\nhealth; and\n(b) the proprietor has complied with the prohibition order and any\nimprovement notices served on the proprietor in relation to the\n","sortOrder":88},{"sectionNumber":"87","sectionType":"section","heading":"Contravention of improvement notices and prohibition","content":"87 Contravention of improvement notices and prohibition\norders\n(1) The proprietor of a food business commits an offence if the proprietor\nengages in conduct that contravenes an improvement notice served\non the proprietor.\n(2) The proprietor of a food business commits an offence if the proprietor\nengages in conduct that contravenes a prohibition order served on the\nproprietor.\n\n","sortOrder":89},{"sectionNumber":"88","sectionType":"section","heading":"Compensation for prohibition order","content":"88 Compensation for prohibition order\n(a) a person was bound by a prohibition order; and\n(b) the person suffers loss or expense because of the making of the\norder; and\n(c) the person considers that there were insufficient grounds for the\n(2) The person may apply in writing, with reasons for the application, to\nthe Minister for compensation.\n(3) If there were insufficient grounds for the making of the order, the\nTerritory must pay reasonable compensation to the person.\n(4) However, compensation is not payable to the person—\n(a) in relation to any loss or expense suffered by the person because\nof an act or omission of the person; or\n(b) if the person caused or contributed to the making of the\nprohibition order.\n(5) The Minister must—\n(a) decide whether to pay any compensation to the person and, if so,\nthe amount of the compensation; and\n(b) give the person written notice of the Minister’s decision.\n(6) If the Minister has not decided the application within 28 days after\nthe day the Minister received the application, the Minister is taken to\nhave refused to pay any compensation.\n\n","sortOrder":90},{"sectionNumber":"89","sectionType":"section","heading":"Offence—food business not registered or exempt","content":"89 Offence—food business not registered or exempt\n(a) the person conducts a food business; and\n(b) the food business is—\n(i) not registered under this part; and\n(ii) not exempt from registration under section 90.\n","sortOrder":91},{"sectionNumber":"90","sectionType":"section","heading":"Food businesses exempt from registration","content":"90 Food businesses exempt from registration\nA regulation may prescribe that a food business, other than a food\nbusiness conducted at a regulated event, is exempt from registration.\n","sortOrder":92},{"sectionNumber":"91","sectionType":"section","heading":"Regulated events","content":"91 Regulated events\n(1) The Minister may declare that an event is a regulated event for this\nAct.\n(2) A declaration is a disallowable instrument.\n","sortOrder":93},{"sectionNumber":"92","sectionType":"section","heading":"Registration of food businesses","content":"92 Registration of food businesses\n(1) A person may apply to the chief health officer for the registration of\na food business conducted by the person.\n(2) The chief health officer may require the person to give the chief health\nofficer any information that the chief health officer reasonably\nrequires to decide the application (including, for example, the design\nand fit-out specifications of the premises proposed to be used in\nrelation to the handling of food intended for sale or the sale of food).\n\n(3) The chief health officer may register or refuse to register the food\nbusiness.\n(4) In deciding whether to register the food business, the chief health\nofficer may have regard to—\n(a) whether the proposed premises are fit for their intended use; and\n(b) any contraventions of this Act by the person; and\n(c) any other matter relevant to the handling of food intended for\nsale or the sale of food.\n(5) For subsection (4) (a), premises are not fit for their intended use if a\ncertificate of occupancy or certificate of regularisation under the\nBuilding Act 2004 has not been issued for the premises or the part of\nthe premises proposed to be used in relation to the handling of food\n(6) The registration of a food business is for a period of up to 3 years\nstated in the registration, beginning on the day the chief health officer\nregisters the food business.\n","sortOrder":94},{"sectionNumber":"93","sectionType":"section","heading":"Renewal of registration","content":"93 Renewal of registration\n(1) This section does not apply if—\n(a) the registration of a food business is suspended under this part;\nor\n(b) the chief health officer has decided to cancel the registration of\na food business under section 101 (3) (Procedure for taking\naction in relation to registration).\n(2) The chief health officer must renew the registration of a food business\nif, before the expiry of the registration, the proprietor of the food\nbusiness gives the chief health officer a properly completed\napplication form for the renewal of the registration.\n\n(3) The renewal of the registration is for a period of up to 3 years stated\nin the registration, beginning immediately after the expiry of the\nregistration being renewed.\n","sortOrder":95},{"sectionNumber":"94","sectionType":"section","heading":"Issue or amendment of registration subject to conditions","content":"94 Issue or amendment of registration subject to conditions\n(1) The registration of a food business may be given or renewed subject\nto a condition imposed by the chief health officer.\n(2) The registration of a food business may be amended by the chief\nhealth officer to impose a condition to which the registration is to be\nsubject or to amend or revoke a condition to which the registration is\nalready subject.\n(3) A condition mentioned in subsection (1) or (2) may be imposed,\namended or revoked by the chief health officer—\n(a) on the chief health officer’s own initiative or on the application\nof the applicant for, or the holder of, the registration; and\n(b) for a stated period or indefinitely.\n","sortOrder":96},{"sectionNumber":"95","sectionType":"section","heading":"Registered food businesses—procedure for imposition","content":"95 Registered food businesses—procedure for imposition\netc of conditions on chief health officer’s initiative\n(1) This section applies if the chief health officer proposes, on the chief\nhealth officer’s own initiative, to take action under section 94 (2) to\namend the registration of a food business to impose, amend or revoke\na condition (the proposed action).\n(2) The chief health officer must give the proprietor of the food business\na written notice stating—\n(a) the proposed action; and\n(b) if the proposed action is to impose a condition to which the\nregistration is to be subject—the proposed condition; and\n(c) if the proposed action is to amend a condition to which the\nregistration is subject—the proposed condition as amended; and\n\n(d) if the proposed action is to impose or amend a condition—the\ngrounds for the proposed action; and\n(e) if appropriate, any action that must be taken by the proprietor of\nthe food business to avoid or reverse the proposed action; and\n(f) the date when the proposed imposition, amendment or\nrevocation of the condition takes effect (the date of effect); and\n(g) that the proposed action takes effect on the date of effect unless\nthe notice is revoked by the chief health officer before that date;\nand\n(h) whether and, if so, by when the proprietor is required to return\nthe certificate of registration to the chief health officer if the\nproposed action takes effect.\n(3) The notice may, but need not, provide an opportunity for the\nproprietor of the food business to make representations about why the\nproposed action should not be taken.\n(4) The date of effect must not be earlier than 14 days after the notice is\ngiven to the proprietor.\n(5) This section does not affect the taking of action under section 101\n(Procedure for taking action in relation to registration).\n","sortOrder":97},{"sectionNumber":"96","sectionType":"section","heading":"Certificate of registration","content":"96 Certificate of registration\n(1) If the chief health officer registers, or renews the registration, of a\nfood business, the chief health officer must give the proprietor of the\nfood business a certificate of registration for the food business.\n(2) The certificate of registration must show—\n(a) the name of the proprietor of the food business; and\n(b) the trading name (if any) of the food business; and\n(c) the type of the food business (as decided by the chief health\nofficer) to which the registration relates; and\n\n(d) the address of the premises at or from which the food business\nis mainly conducted; and\n(e) the registration number allocated to the business; and\n(f) the conditions (if any) to which the registration is subject; and\n(g) when the registration expires; and\n(h) any other information that the chief health officer considers\nappropriate.\n","sortOrder":98},{"sectionNumber":"97","sectionType":"section","heading":"Change in details of registration or operation of food","content":"97 Change in details of registration or operation of food\nbusiness\n(a) particulars set out in an application for registration or renewal of\nregistration of a food business, or the particulars shown in a\ncertificate of registration, become (or are about to become)\ninaccurate or inapplicable because of a change in circumstances;\nor\n(b) the operation of a food business is changed in a way that may\nhave an adverse effect on the safety of food intended for sale or\nthe sale of food.\nExamples—changes in circumstances\n1 a change in the proprietor of the food business\n2 for a food business that is not operated from a vehicle—a change in the\nlocation of the premises from which the food business is conducted\n3 a change in the kind of food business conducted by the food business\n4 a structural change in the premises or a change in the fixtures and fittings for\nthe premises\n(2) The proprietor of the food business commits an offence if—\n(a) there is a change in the particulars, or the operation of the food\nbusiness, mentioned in subsection (1); and\n\n(b) the proprietor does not, as soon as practicable (but within 7 days\nafter the day the change happens)—\n(i) give written notice of the change to the chief health officer;\nand\n(ii) if the change affects particulars shown on the certificate of\nregistration—return the certificate to the chief health\nofficer with the notice.\n(4) If the change relates to the registration of the food business, the chief\nhealth officer may amend or refuse to amend the registration of the\n(5) The chief health officer may require the proprietor to give the chief\nhealth officer any information that the chief health officer reasonably\nrequires to decide whether to amend the registration of the food\nbusiness.\n(6) In deciding whether to amend the registration of the food business,\nthe chief health officer may have regard to—\n(a) whether, because of the change of circumstances, the premises\nare, or will be, fit for their intended use; and\n(b) whether the change of circumstances will have an adverse effect\non the safety of food intended for sale or the sale of food; and\n(c) for a change in the proprietor of a food business—any\ncontraventions of this Act by the new proprietor of the food\n(d) any other matter relevant to the handling of food intended for\nsale or the sale of food.\n\n(7) For subsection (6) (a), premises are not fit for their intended use if a\ncertificate of occupancy or certificate of regularisation under the\nBuilding Act 2004 has not been issued for the premises or the part of\nthe premises proposed to be used in relation to the handling of food\n(8) If the chief health officer amends the registration of a food business\nin a way that changes the particulars shown in the certificate of\nregistration and the certificate is returned to the chief health officer,\nthe chief health officer must amend the certificate or issue another\ncertificate for the remainder of the period of the certificate that it\nreplaces.\n","sortOrder":99},{"sectionNumber":"98","sectionType":"section","heading":"Replacement of certificates of registration","content":"98 Replacement of certificates of registration\n(1) The chief health officer may issue a replacement certificate of\nregistration of a food business to the proprietor of the business if\nsatisfied that the certificate has been lost, stolen or destroyed.\n(2) A certificate of registration issued under this section must be issued\nfor the remainder of the period of the certificate that it replaces.\n","sortOrder":100},{"sectionNumber":"98A","sectionType":"section","heading":"Registration certificate must be displayed","content":"98A Registration certificate must be displayed\n(a) the person conducts a food business that is registered under this\npart; and\n(b) the person fails to display a current certificate of registration for\nthe food business on the business’s premises.\n\ndisplay, of a certificate on business premises, means show in a way\nthat is clearly visible to a member of the public who enters the\npremises in the ordinary course of business.\n","sortOrder":101},{"sectionNumber":"99","sectionType":"section","heading":"Food business to be conducted in accordance with","content":"99 Food business to be conducted in accordance with\nregistration conditions\n(1) The proprietor of a registered food business commits an offence if—\n(a) the registration of the business is subject to a condition; and\n(b) the proprietor engages in conduct that contravenes the condition.\n","sortOrder":102},{"sectionNumber":"100","sectionType":"section","heading":"Action that may be taken in relation to registration of","content":"100 Action that may be taken in relation to registration of\nfood businesses\nThe chief health officer may take the following action under\nsection 101 in relation to the registration of a food business if there\nhas been a breach of this Act in the conduct of the food business:\n(a) cancel the registration;\n(b) suspend the registration for a period of not longer than 1 year;\n(c) impose a condition on, or amend a condition of, the registration.\n\n","sortOrder":103},{"sectionNumber":"101","sectionType":"section","heading":"Procedure for taking action in relation to registration","content":"101 Procedure for taking action in relation to registration\n(1) If the chief health officer proposes to take action under this section in\nrelation to the registration of a food business, the chief health officer\nmust give the proprietor of the business a notice (a disciplinary\nnotice) that—\n(a) states the proposed action, including any proposed suspension\nperiod or condition or a condition as proposed to be amended;\nand\n(b) states the grounds for the proposed action; and\n(c) tells the proprietor that the proprietor may, within 14 days\nbeginning the day after receiving the notice, give a written\nresponse to the chief health officer about the matters in the\nnotice.\n(2) In deciding whether to suspend or cancel the registration, the chief\nhealth officer must consider any response given to the chief health\nofficer in accordance with subsection (1) (c).\n(3) If the chief health officer is satisfied that grounds for taking action\nunder this section have been established, the chief health officer\nmay—\n(a) if the proposed action was to cancel the registration—cancel the\nregistration, suspend the registration for a period of not longer\nthan 1 year or impose a condition on, or amend a condition of,\nthe registration; or\n(b) if the proposed action included suspending the registration for a\nstated period—either suspend the registration for a period of not\nlonger than that period or impose a condition on, or amend a\ncondition of, the registration; or\n\n(c) if the proposed action included imposing a condition on, or\namending a condition of, the registration—impose a condition\non, or amend a condition of, the registration that is no more\nonerous than the proposed condition or a condition as proposed\nto be varied.\n(4) The chief health officer must give the proprietor of the food business\nwritten notice of the chief health officer’s decision.\n(5) The suspension or cancellation of the registration of a food business\ntakes effect on the day when notice of the suspension or cancellation\nis given to the proprietor of the food business or, if the notice states a\nlater date of effect, that date.\n(6) The renewal or amendment of the registration of a food business\nunder section 93 (Renewal of registration) or section 97 (Change in\ndetails of registration or operation of food business) does not\nprejudice or otherwise affect any action being taken, or proposed\naction, in relation to the registration of the food business under this\nsection.\n","sortOrder":104},{"sectionNumber":"102","sectionType":"section","heading":"Immediate suspension of registration","content":"102 Immediate suspension of registration\n(1) This section applies if the chief health officer—\n(a) has decided to give, or has given, a disciplinary notice to the\nproprietor of a registered food business; and\n(b) believes, on reasonable grounds, that it is in the public interest\nthat the person’s registration be suspended as soon as practicable\nbefore a decision is made to take action under section 101 (3)\n(Procedure for taking action in relation to registration).\n(2) In forming the belief, the chief health officer must consider—\n(a) the circumstances leading to the decision to issue the\ndisciplinary notice; and\n(b) the grounds for proposing to take the action to be stated, or\nstated, in the disciplinary notice.\n\n(3) If this section applies, the chief health officer may give the person a\nnotice (an immediate suspension notice) suspending the person’s\nregistration.\n(4) If an immediate suspension notice is given to the person, the person’s\nregistration is suspended on the receipt of the notice by the person.\n(5) The immediate suspension notice expires when the person is told\nunder section 101 (4) (Procedure for taking action in relation to\nregistration) of the decision made on the disciplinary notice.\n","sortOrder":105},{"sectionNumber":"103","sectionType":"section","heading":"Return of certificate of registration","content":"103 Return of certificate of registration\n(1) The proprietor of a food business commits an offence if—\n(a) the registration of the business is suspended or cancelled; and\n(b) the proprietor does not, as soon as practicable (but within 7 days\nafter the day the suspension or cancellation takes effect), return\nthe certificate of registration of the business to the chief health\nMaximum penalty: 5 penalty units.\n(3) If the registration of a food business is suspended and the registration\nhas not ended when the suspension ends, the chief health officer must\nreturn the certificate of registration if the proprietor of the food\nbusiness asks for its return.\n","sortOrder":106},{"sectionNumber":"104","sectionType":"section","heading":"Surrender of registration","content":"104 Surrender of registration\nThe proprietor of a registered food business may, at any time,\nsurrender the registration by returning the certificate of registration to\nthe chief health officer with a written statement that the registration\nis surrendered.\n\n","sortOrder":107},{"sectionNumber":"105","sectionType":"section","heading":"Food business register","content":"105 Food business register\n(1) The chief health officer must keep a register of food businesses that\nhave been registered under section 92 (Registration of food\nbusinesses) or whose registration has been renewed under section 93\n(Renewal of registration) (the food business register).\n(2) The food business register must include the information mentioned in\nsection 96 (2) (Certificate of registration).\n(3) The food business register may contain any other information that the\nchief health officer considers appropriate.\n(4) The food business register may be kept in the form of, or as part of,\n1 or more computer databases or in any other form that the chief\nhealth officer considers appropriate.\n(5) The chief health officer may correct any mistake, error or omission in\nthe food business register subject to the requirements (if any) of the\nregulations.\n","sortOrder":108},{"sectionNumber":"106","sectionType":"section","heading":"Publication and inspection of food business register","content":"106 Publication and inspection of food business register\n(1) The chief health officer must make arrangements for people to inspect\nthe food business register and buy a copy of part or all of it.\n(2) The chief health officer may publish all or part of the food business\nregister in any way that the chief health officer considers appropriate.\n\n","sortOrder":109},{"sectionNumber":"Part 9","sectionType":"part","heading":"Display of nutritional information","content":"Part 9 Display of nutritional information\nfor food\n","sortOrder":110},{"sectionNumber":"107","sectionType":"section","heading":"Definitions—pt 9","content":"107 Definitions—pt 9\nmenu means a menu, in printed or electronic form, that lists or\notherwise shows 1 or more items of food and that—\n(a) is on a board, poster, leaflet or similar thing at the premises\nwhere the item or items of food listed or shown on the menu are\nsold; or\n(b) is distributed or available outside the premises where the item or\nitems of food listed or shown on the menu are sold by the\ninternet or a printed leaflet.\nready-to-eat food means food that is in a state in which it is ordinarily\nconsumed, but does not include nuts in the shell or raw fruit or\nvegetables.\nsell means sell as defined in section 9 (1), but by retail only.\nstandard food item—see section 108.\nstandard food outlet—see section 109.\n","sortOrder":111},{"sectionNumber":"108","sectionType":"section","heading":"Meaning of standard food item—pt 9","content":"108 Meaning of standard food item—pt 9\n(1) In this part:\nstandard food item—\n(a) means an item of ready-to-eat food for sale that is sold in\nservings that are standardised for portion and content and that—\n(i) is listed or otherwise shown on a menu; or\n(ii) is displayed for sale with a price tag or label or an\nidentifying tag or label; and\n\nDisplay of nutritional information for food Part 9\n(b) includes an item of ready-to-eat food for sale that is prescribed\nby regulation; but\n(c) does not include an item of ready-to-eat food that—\n(i) arrives at the premises where it is sold in a container or\nwrapper in or by which the food is wholly enclosed\n(whether or not the food is also in an outer container or\nwrapper that contains multiple units of the food); and\n(ii) is not removed from its container or wrapper (other than\nany outer container or wrapper) before its sale at the\npremises.\n(2) If a number of standard food items are shown or displayed for sale as\nmentioned in subsection (1) as a combination, the combination is to\nbe treated for this part as a single standard food item.\n(3) If an item of food mentioned in subsection (1) is shown or displayed\nfor sale in different standard sizes or portions (for example, small,\nmedium or large), each standard size or portion is to be treated for\nthis part as a separate standard food item.\n","sortOrder":112},{"sectionNumber":"109","sectionType":"section","heading":"Meaning of standard food outlet","content":"109 Meaning of standard food outlet\n(1) Premises where standard food items are sold by a food business is a\nstandard food outlet if—\n(a) the food business sells standard food items at other premises or\nwhile operating in a chain of food businesses that sell standard\nfood items; and\n(b) at least 1 of the standard food items sold at the premises has been\nstandardised for portion and content so as to be substantially the\nsame as standard food items of that kind sold at the other\npremises or by the other food businesses in the chain.\n\n(2) For this section, a food business is operating in a chain of food\nbusinesses that sell standard food items if—\n(a) it is operating as 1 of a group of food businesses that sell\nstandard food items under franchise arrangements with a parent\nbusiness or under common ownership or control; or\n(b) it sells standard food items under the same trading name as a\ngroup of other food businesses that sell standard food items.\n","sortOrder":113},{"sectionNumber":"110","sectionType":"section","heading":"Certain standard food outlets to display nutritional","content":"110 Certain standard food outlets to display nutritional\ninformation\n(1) This section applies to a standard food outlet of a food business that—\n(a) sells standard food items at 7 or more places in the ACT or at 50\nor more places in Australia; or\n(b) operates in a chain of food businesses that sell standard food\nitems if together the businesses sell standard food items at 7 or\nmore places in the ACT or at 50 or more places in Australia.\n(2) However, this section does not apply to a standard food outlet of a\nfood business that primarily provides food catering services.\n(3) The proprietor of the standard food outlet must ensure that—\n(a) the nutritional information prescribed by regulation is displayed\nin relation to standard food items sold at the outlet; and\n(b) the nutritional information is worked out in accordance with any\nrequirements prescribed by regulation for nutritional\ninformation of that kind; and\n(c) the nutritional information is displayed in the way and at the\nplaces prescribed by regulation for nutritional information of\nthat kind.\n(4) A person must not intentionally contravene subsection (3).\n\nDisplay of nutritional information for food Part 9\n(5) A person must not contravene subsection (3).\n(6) An offence against subsection (5) is a strict liability offence.\n(7) If, on the trial of a person charged with an offence against subsection\n(4), the court is not satisfied that the person committed the offence\nbut is satisfied that the person committed an offence against\nsubsection (5), the court may find the person not guilty of the offence\ncharged but guilty of an offence against subsection (5), but only if the\nperson has been given procedural fairness in relation to that finding\nof guilt.\n","sortOrder":114},{"sectionNumber":"111","sectionType":"section","heading":"Voluntary display of nutritional information to meet","content":"111 Voluntary display of nutritional information to meet\ncertain requirements\n(1) This section applies to a standard food outlet other than a standard\nfood outlet to which section 110 applies.\n(2) The proprietor of the standard food outlet must not display nutritional\ninformation prescribed by regulation in relation to standard food\nitems sold at the outlet unless the nutritional information—\n(a) is worked out in accordance with any requirements prescribed\nby regulation for nutritional information of that kind; and\n(b) is displayed in the way and at the places prescribed by regulation\nfor nutritional information of that kind.\n\n","sortOrder":115},{"sectionNumber":"112","sectionType":"section","heading":"Commencement of regulation made for s 110 or s 111","content":"112 Commencement of regulation made for s 110 or s 111\nSubject to any disallowance or amendment under the Legislation Act,\nchapter 7, a regulation made for section 110 or section 111\ncommences—\n(a) if there is a motion to disallow the regulation and the motion is\nnegatived by the Legislative Assembly—on the day after the day\nthe disallowance motion is negatived; or\n(b) on the day after the 6th sitting day after the day the regulation is\npresented to the Legislative Assembly under that chapter; or\n(c) if the regulation provides for a later date or time of\ncommencement—on that date or at that time.\n","sortOrder":116},{"sectionNumber":"113","sectionType":"section","heading":"Display or distribution of explanatory material etc about","content":"113 Display or distribution of explanatory material etc about\nnutritional information\nA regulation may make provision in relation to the display or\ndistribution by a standard food outlet of explanatory material or any\nother material about nutritional information for food.\n","sortOrder":117},{"sectionNumber":"114","sectionType":"section","heading":"Exemptions from pt 9","content":"114 Exemptions from pt 9\n(1) The Minister may exempt, with or without conditions, any people,\nfood businesses, premises, food or activities from the operation of 1\nor more provisions of this part.\n(2) An exemption must state the reasons for the exemption.\n(3) An exemption has no effect during any period in which a condition\nof the exemption is not complied with.\n(4) An exemption is a disallowable instrument.\n\nFood safety supervisors Part 9A\n","sortOrder":118},{"sectionNumber":"116","sectionType":"section","heading":"Definitions—pt 9A","content":"116 Definitions—pt 9A\napproved food safety training course means a food safety training\ncourse—\n(a) provided by a registered training organisation; and\n(b) approved by the chief health officer in accordance with the food\nsafety training approval guidelines.\nfood safety supervisor, for a registered food business, means a person\nwho—\n(a) holds a statement of attainment for an approved food safety\ntraining course; and\n(b) satisfies any requirement under this Act about eligibility to\nbecome or remain a food safety supervisor; and\nNote A reference to this Act includes a reference to a statutory\ninstrument made or in force under this Act (see Legislation Act,\n(c) as part of the person’s formal duties in the business is—\n(i) responsible for recognising, preventing and alleviating\nfood safety hazards in the business; and\n(ii) authorised to supervise and give directions about food\nsafety to any person who handles food in the course of the\n\n(d) is not also the food safety supervisor for—\n(i) any other registered food business; or\n(ii) if the registered food business has more than 1 site where\nthe handling or sale of food happens—more than 1 site for\nthe business.\nfood safety training approval guidelines means the guidelines made\nby the chief health officer under section 119.\nfood safety training course means a training course about ways to\nrecognise, prevent and alleviate food safety hazards in food handled\nor sold in a registered food business.\nregistered training organisation—see the National Vocational\nEducation and Training Regulator Act 2011 (Cwlth), section 3.\nsite, for a registered food business, does not include a site used by the\nbusiness for the handling or sale of food at a regulated event.\nstatement of attainment, held by a person, means a document issued\nto the person by a registered training organisation certifying that the\nperson has satisfactorily completed a course conducted by the\norganisation.\n","sortOrder":119},{"sectionNumber":"117","sectionType":"section","heading":"Registered food business to have food safety supervisor","content":"117 Registered food business to have food safety supervisor\n(1) A registered food business must have a food safety supervisor.\n(2) The proprietor of a registered food business, other than a food business\nconducted only at a regulated event, commits an offence if—\n(a) the proprietor fails to ensure that there is a food safety supervisor\nfor the business within 30 days after the day the business is\nregistered (the establishment period); or\n(b) the business does not have a food safety supervisor at any time\nafter the end of the establishment period.\n\nFood safety supervisors Part 9A\n(3) Subsection (2) (b) does not apply if it is less than 30 days since the\nlast day the business had a food safety supervisor.\nmentioned in s (3) (see Criminal Code, s 58).\n","sortOrder":120},{"sectionNumber":"118","sectionType":"section","heading":"Proprietor of registered food business may be food","content":"118 Proprietor of registered food business may be food\nsafety supervisor\nA proprietor of a registered food business may be the food safety\nsupervisor for the business.\n","sortOrder":121},{"sectionNumber":"119","sectionType":"section","heading":"Food safety training approval guidelines","content":"119 Food safety training approval guidelines\n(1) The chief health officer must make guidelines for the approval of a\nfood safety training course under this part.\n(2) A guideline may apply, adopt or incorporate a law of another\njurisdiction or an instrument as in force from time to time.\n(3) The Legislation Act, section 47 (6) does not apply to a law of another\njurisdiction or an instrument mentioned in subsection (2).\nNote A law of another jurisdiction, or an instrument, applied, adopted or\nincorporated by a guideline does not need to be notified under the\nLegislation Act because s 47 (6) does not apply (see Legislation Act,\ns 47 (7)).\n(4) A guideline is a notifiable instrument.\n","sortOrder":122},{"sectionNumber":"120","sectionType":"section","heading":"Exemptions—pt 9A","content":"120 Exemptions—pt 9A\n(1) The Minister may exempt, with or without conditions, any people,\nfood businesses, premises, food or activities from the operation of this\npart.\n(2) An exemption has no effect during a period when a condition of the\nexemption is not complied with.\n(3) An exemption is a disallowable instrument.\n\n","sortOrder":123},{"sectionNumber":"Part 10","sectionType":"part","heading":"Procedural and evidentiary","content":"Part 10 Procedural and evidentiary\nprovisions\n","sortOrder":124},{"sectionNumber":"126","sectionType":"section","heading":"Liability of employees and agents","content":"126 Liability of employees and agents\n(1) It is not a defence in a proceeding for an offence against this Act that\nthe defendant was, at the time of the commission of the offence, an\nemployee or agent of someone else.\n(2) However, it is a defence if the defendant proves that the defendant\nwas under the personal supervision of the proprietor of the food\nbusiness, or the owner or person in charge of the premises, in relation\nto which the offence was committed, or of someone else representing\nthe proprietor, owner or person in charge.\n","sortOrder":125},{"sectionNumber":"127","sectionType":"section","heading":"Acts and omissions of representatives","content":"127 Acts and omissions of representatives\nperson means an individual.\nNote See the Criminal Code, pt 2.5 for provisions about corporate criminal\nresponsibility.\nrepresentative, of a person, means an employee or agent of the\nperson.\nstate of mind, of a person, includes—\n(a) the person’s knowledge, intention, opinion, belief or purpose;\nand\n(b) the person’s reasons for the intention, opinion, belief or purpose.\n(2) This section applies to a prosecution for any offence against this Act.\n\n(3) If it is relevant to prove a person’s state of mind about an act or\nomission, it is enough to show—\n(a) the act was done or omission made by a representative of the\nperson within the scope of the representative’s actual or\napparent authority; and\n(b) the representative had the state of mind.\n(4) An act done or omitted to be done on behalf of a person by a\nrepresentative of the person within the scope of the representative’s\nactual or apparent authority is also taken to have been done or omitted\nto be done by the person.\n(5) However, subsection (4) does not apply if the person establishes that\nreasonable precautions were taken and appropriate diligence was\nexercised to avoid the act or omission.\n(6) A person who is convicted of an offence cannot be punished by\nimprisonment for the offence if the person would not have been\nconvicted of the offence without subsection (3) or (4).\n","sortOrder":126},{"sectionNumber":"128","sectionType":"section","heading":"Offences by corporations","content":"128 Offences by corporations\n(1) If a corporation contravenes, whether by an act or omission, a\nprovision of this Act, each person who is an executive officer of the\ncorporation is taken to have contravened the provision if the person\nknowingly authorised or allowed the contravention.\n(2) For subsection (1), an executive officer of the corporation may be\nprosecuted for, and convicted of, the offence whether or not the\ncorporation has been prosecuted for, or convicted of, the offence.\n(3) This section does not affect any liability imposed on a corporation for\nan offence committed by the corporation against this Act.\n\n","sortOrder":127},{"sectionNumber":"129","sectionType":"section","heading":"Right of defendant to have third person before court","content":"129 Right of defendant to have third person before court\n(1) A defendant charged with an offence against this Act who alleges that\nthe contravention constituting the offence was caused by the act or\nomission of someone else (the other person) may, in accordance with\nsubsection (2), have the other person brought before the court hearing\nthe charge.\n(2) The defendant must—\n(a) give the informant (the original informant) and the court\nwritten notice at least 7 days before the return date of the\nsummons (the original summons) issued to the defendant of the\ndefendant’s intention to have the other person brought before the\ncourt; and\n(b) include in the notice particulars of the defendant’s claim that the\ncontravention was caused by the act or omission of the other\nperson and that the defendant took all reasonable precautions\nand exercised all appropriate diligence to prevent the\ncommission of the offence by the other person; and\n(c) lay an information against the other person for an offence\nagainst this Act.\n(3) The court must—\n(a) issue a summons directed to the other person requiring the other\nperson to appear before the court on the date and at the time and\nplace stated in the summons (the other summons); and\n(b) order that a copy of the information laid against the defendant\nbe served on the other person.\n(4) If the date stated in the later summons is not the return date for the\noriginal summons, the court must—\n(a) adjourn the hearing of the charge against the defendant to the\nreturn date of the later summons; or\n\n(b) adjourn the hearing of the charges against both the defendant\nand the other person to a later date and notify the parties\naccordingly.\n(5) On the hearing of the charges, the original informant and the other\nperson—\n(a) if the defendant gives evidence—may cross-examine the\ndefendant; and\n(b) may cross-examine any witness called by the defendant; and\n(c) may call evidence in rebuttal.\n(6) The court—\n(a) may convict only the other person if the contravention of the Act\nis proved and the defendant satisfies the court that the\ncontravention was caused by the act or omission of the other\nperson; and\n(b) must dismiss the charge against the defendant if, in addition to\nsatisfying the court that the contravention was caused by the act\nor omission of the other person, the defendant satisfies the court\nthat the defendant took all reasonable precautions and exercised\nall appropriate diligence to prevent the commission of the\noffence by the other person.\n(7) This section does not prevent the court from—\n(a) convicting either the defendant or the other person or both; or\n(b) ordering that the proceeding against the other person be heard\nseparately if the court considers that it is necessary in the\ninterests of justice to do so.\n(8) If the other person is not found guilty of an offence against this Act,\nthe court must order the defendant to pay the costs of the other person\nor, if the court considers that it would be unjust to make such an order,\nthe court may order the defendant to pay the part of the costs of the\nother person that the court considers appropriate.\n\n","sortOrder":128},{"sectionNumber":"130","sectionType":"section","heading":"Alternative defendants","content":"130 Alternative defendants\n(1) This section applies if the chief health officer is of the opinion that an\noffence against this Act has been committed in relation to which a\nperson (the defendant) may be charged and the chief health officer is\nsatisfied, on reasonable grounds, that—\n(a) the offence was caused by the act or omission of someone else\n(the alternative defendant); and\n(b) the defendant could successfully defend a proceeding using\nsection 129 (Right of defendant to have third person before\ncourt).\n(2) The chief health officer may arrange for a proceeding to be begun\nagainst the alternative defendant for the offence without a proceeding\nfirst being begun against the defendant.\n(3) In a proceeding in accordance with this section, the alternative\ndefendant may be charged with the offence with which the defendant\nmight have been charged and, on proof that the offence was caused\nby the act or omission of the alternative defendant, the alternative\ndefendant may be convicted of the offence.\n(4) If the alternative defendant is acquitted, the defendant may be\nprosecuted for, and convicted of, the offence.\n","sortOrder":129},{"sectionNumber":"131","sectionType":"section","heading":"Renewal or amendment of registration not to affect","content":"131 Renewal or amendment of registration not to affect\nprosecution\nThe renewal or amendment of the registration of a food business\nunder section 93 (Renewal of registration) or section 97 (Change in\ndetails of registration or operation of food business) does not\nprejudice or otherwise affect any action being taken, or proposed\naction, in relation to the registration of the food business under section\n101 (Procedure for taking action in relation to registration).\n\n","sortOrder":130},{"sectionNumber":"132","sectionType":"section","heading":"Presumptions","content":"132 Presumptions\nIn a proceeding for an offence against this Act, it is presumed until\nthe contrary is proved, on the balance of probabilities, that—\n(a) a substance or thing capable of being used as food that was\ntransported, prepared for sale, intended for sale or sold was\ntransported, prepared for sale, intended for sale or sold for\nhuman consumption; and\n(b) a substance or thing capable of being used as food that was\nstored on food premises was intended for sale or sold for human\nconsumption; and\n(c) a substance or thing capable of being used as food is not for\nhuman consumption if it is prominently marked as not being for\nhuman consumption, or with words to that effect; and\n(d) food that is part of a batch, lot or consignment of food of the\nsame kind or description is representative of all of the food in\nthe batch, lot or consignment; and\n(e) each part of a sample of food divided for the purpose of analysis\nfor this Act is of uniform composition with every other part of\nthe sample; and\n(f) a person who sold food in the conduct of a food business and\nwas not the proprietor of the food business sold the food as the\nemployee of the proprietor; and\n(g) a person who appears from any statement on a package\ncontaining food for sale to have prepared, manufactured, packed\nor imported the food is the preparer, manufacturer, packager or\nimporter of the food, as appropriate; and\n(h) food that has been sold to a consumer has been sold at some time\nby anyone who respectively prepared, manufactured, packed or\nimported the food.\n\n","sortOrder":131},{"sectionNumber":"133","sectionType":"section","heading":"Certificate evidence etc","content":"133 Certificate evidence etc\n(1) This section applies in relation to a proceeding for an offence against\nthis Act.\n(2) A document that appears to be a copy of a registration, approval,\norder, notice or authority under this Act is evidence of the\nregistration, approval, order, notice or authority.\n(3) A certificate that appears to be signed by or on behalf of the chief\nhealth officer, and that states any of the following matters, is\nevidence:\n(a) that there was, or was not, in force a registration, approval,\norder, notice or authority in relation to a stated person or people;\n(b) that a registration, approval, order, notice or authority was or\nwas not subject to stated conditions;\n(c) of the receipt or otherwise of a notice, application or payment;\n(d) that an amount of fees or another amount is payable under this\nAct by a stated person.\nNote For evidentiary certificates by authorised analysts, see the Public Health\nAct 1997, s 135A.\n(4) A certificate that appears to be signed by or on behalf of the chief\nhealth officer, and states any matter prescribed by regulation for this\nsection, is evidence of the matter.\n(5) A certificate mentioned in subsection (3) or (4) may state a matter by\nreference to a date or period.\n(6) A court must accept a certificate or other document mentioned in this\nsection as proof of the matters stated in it if there is no evidence to\nthe contrary.\n\n(7) In this section:\nauthority includes an appointment as an authorised analyst or\nauthorised officer or a clearance certificate.\nnotice includes an improvement notice.\norder means an emergency order (including a recall order) or a\nprohibition order.\nregistration means registration as a food business.\n","sortOrder":132},{"sectionNumber":"135","sectionType":"section","heading":"Admissibility of analysis of food sample taken by","content":"135 Admissibility of analysis of food sample taken by\nauthorised officer\nThe analysis of a sample of food taken by an authorised officer from\na food business is admissible in evidence in a proceeding for an\noffence against this Act only if—\n(a) the sample was taken as required by section 73 (Other\nsamples—proprietor to be told sample to be analysed),\nsection 74 (Payment for samples) and section 75 (Samples from\npackaged food); and\n(b) the sample has been dealt with as required by section 76\n(Procedures for dividing food samples).\n","sortOrder":133},{"sectionNumber":"136","sectionType":"section","heading":"No defence to claim deterioration of sample","content":"136 No defence to claim deterioration of sample\nIt is not a defence in a proceeding for an offence against this Act for\na defendant to claim that any part of a sample kept for future\ncomparison with a sample that has been analysed has, from natural\ncauses, deteriorated, perished or undergone any material change in its\nconstitution.\n\n","sortOrder":134},{"sectionNumber":"137","sectionType":"section","heading":"Power of court to order further analysis","content":"137 Power of court to order further analysis\n(1) This section applies if the court before which a person is being\nprosecuted for an offence against this Act is satisfied that there is a\ndisagreement between the evidence of the analysts for the parties to\nthe proceeding.\n(2) The court may order that the part or parts of a sample kept under\nsection 76 (Procedures for dividing food samples) be sent by the chief\nhealth officer to an independent analyst.\n(3) For subsection (2), the order may require the sample to be sent to a\nparticular analyst or to an analyst agreed to by the parties.\n(4) An analyst who is sent a part or parts of a sample for analysis under\nthis section is to make an analysis for the information of the court.\n(5) Subject to section 139 (Court may order costs and expenses), the cost\nof an analysis under this section is payable by the Territory.\n","sortOrder":135},{"sectionNumber":"138","sectionType":"section","heading":"Disclosure by witnesses","content":"138 Disclosure by witnesses\n(1) In a proceeding for an offence against this Act, a witness for the\nprosecution is not compelled to disclose the fact that the witness\nreceived information, the nature of the information received or the\nname of the person from whom the information was received.\n(2) An authorised officer appearing as a witness in a proceeding is not\ncompelled to produce any document containing any confidential\nmatter made or received in the authorised officer’s capacity as an\nauthorised officer.\n(3) Despite subsections (1) and (2), a court hearing a proceeding for an\noffence against this Act may order the disclosure of a matter or the\nproduction of a document mentioned in subsection (1) or (2) if the\ncourt considers that it is necessary in the interests of justice.\n\n","sortOrder":136},{"sectionNumber":"139","sectionType":"section","heading":"Court may order costs and expenses","content":"139 Court may order costs and expenses\nWithout affecting any other power of a court to award costs, a court\nthat hears a proceeding for an offence against this Act may make any\norder it considers appropriate in relation to costs and expenses in\nrelation to the examination, seizure, detention, storage, analysis\n(including further analysis), destruction or other disposition of\nanything the subject of the proceeding.\n","sortOrder":137},{"sectionNumber":"140","sectionType":"section","heading":"Court may order forfeiture","content":"140 Court may order forfeiture\nA court that convicts a person, or finds a person guilty, of an offence\nagainst this Act may order the forfeiture to the Territory of anything\nthat was used in the commission of the offence.\n","sortOrder":138},{"sectionNumber":"141","sectionType":"section","heading":"Court may order corrective advertising","content":"141 Court may order corrective advertising\nA court that convicts a person, or finds a person guilty, of an offence\nagainst part 3 (Offences relating to food) may make an order requiring\nthe person to disclose to a class of people, or all people, in a stated\nway, stated information, or information of a stated kind, that the\nperson possesses or to which the person has access.\nExample—kind of order that court may make\nan advertisement in a stated form at the person’s expense\n\nPart 11 Notification and review of decisions\nPart 11 Notification and review of\ndecisions\n141A Meaning of reviewable decision—pt 11\nreviewable decision means a decision mentioned in schedule 1,\ncolumn 3 under a provision of this Act mentioned in column 2 in\nrelation to the decision.\n","sortOrder":139},{"sectionNumber":"141B","sectionType":"section","heading":"Reviewable decision notices","content":"141B Reviewable decision notices\nIf a person makes a reviewable decision, the person must give a\nreviewable decision notice to each entity mentioned in schedule 1,\ncolumn 4 in relation to the decision.\nNote The person must also take reasonable steps to give a reviewable decision\nnotice to any other person whose interests are affected by the decision\n(see ACT Civil and Administrative Tribunal Act 2008, s 67A).\n","sortOrder":140},{"sectionNumber":"141C","sectionType":"section","heading":"Applications for review","content":"141C Applications for review\nThe following may apply to the ACAT for review of a reviewable\ndecision:\n(a) an entity mentioned in schedule 1, column 4 in relation to the\ndecision;\n(b) any other person whose interests are affected by the decision.\n","sortOrder":141},{"sectionNumber":"142","sectionType":"section","heading":"Joint liability for amounts payable to the Territory","content":"142 Joint liability for amounts payable to the Territory\nIf an amount payable to the Territory under this Act is owed by 2 or\nmore people, their liability for the debt is joint and several.\n\n","sortOrder":142},{"sectionNumber":"144","sectionType":"section","heading":"Protection from liability","content":"144 Protection from liability\nofficial means—\n(a) the Minister; or\n(b) the chief health officer; or\n(c) an authorised officer; or\n(d) anyone else exercising functions under this Act.\n(2) An official does not incur civil or criminal liability for an act or\nomission done honestly and without negligence for this Act.\n(3) A civil liability that would, apart from this section, attach to an\nofficial attaches instead to the Territory.\n","sortOrder":143},{"sectionNumber":"145","sectionType":"section","heading":"Secrecy","content":"145 Secrecy\ncourt includes any tribunal or other entity having power to require the\nproduction of documents or the answering of questions.\nperson to whom this section applies means—\n(a) a person who is or has been an authorised officer; or\n(b) anyone else who has exercised a function under this Act.\nproduce includes permit access to.\nprotected information means information obtained under this Act in\nrelation to manufacturing secrets or commercial secrets or working\nprocesses.\n(2) A person to whom this section applies must not—\n(a) make a record of protected information; or\n\n(b) directly or indirectly, divulge or communicate to a person\nprotected information about someone else;\nunless the record is made, or the information divulged or\ncommunicated, in relation to the exercise of a function, as a person to\nwhom this section applies, under this Act, another territory law or\nanother law applying in the ACT.\n(3) Subsection (2) does not prevent a person to whom this section applies\nfrom divulging or communicating protected information—\n(a) with the consent of the person from whom the information was\nobtained; or\n(b) to a person administering or enforcing a law of another\njurisdiction that corresponds to this Act or another law\nprescribed by regulation for this paragraph; or\n(c) to the food authority; or\n(d) to a law enforcement authority.\n(4) A person to whom this section applies need not divulge or\ncommunicate protected information to a court, or produce a document\ncontaining protected information to a court, unless it is necessary to\ndo so for this Act, another territory law or another law applying in the\nACT.\n","sortOrder":144},{"sectionNumber":"146","sectionType":"section","heading":"Publication of details of food businesses related to","content":"146 Publication of details of food businesses related to\noffences\nrepresentative of the person means—\n(a) if the person is an individual—an employee or agent of the\nperson; or\n\n(b) if the person is a corporation—an employee, agent or executive\nofficer of the person.\n(2) This section applies to a person if the person, or a representative of\nthe person, is convicted, or found guilty, of an offence against this\nAct in relation to the handling of food intended for sale or the sale of\nfood.\n(3) The chief health officer—\n(a) must publish a notice about the conviction, or finding of guilt,\non a register kept by the chief health officer; and\n(b) if the chief health officer considers it in the public interest—may\ngive public notice about the conviction, or finding of guilt.\nNote Public notice means notice on an ACT government website or in a daily\nnewspaper circulating in the ACT (see Legislation Act, dict, pt 1).\n(4) A notice published on the register may be kept on the register for not\nmore than 2 years.\n(5) The chief health officer may—\n(a) correct any mistake, error or omission in the register, subject to\nany requirements prescribed by regulation; and\n(b) change a detail included in the register to keep the register up-to-\ndate.\n(6) The register—\n(a) may be kept in any form the chief health officer considers\nappropriate; and\n(b) must, as far as practicable, be available for public inspection,\nfree of charge, during normal business hours on any business\nday.\n(7) A notice may contain—\n(a) the person’s name; and\n\n(b) the business name under which the person conducts the food\nbusiness in relation to which the offence was committed; and\n(c) the address of the food business concerned; and\n(d) a description of the offence, the decision of the court and the\npenalty imposed on the person or a representative of the person\n(including the forfeiture of anything under this Act); and\n(e) any other information in relation to the safety of the food\nconcerned that the chief health officer considers is appropriate.\n(8) A notice must be published after—\n(a) the time for making an appeal against the conviction, or finding\nof guilt, ends without an application for an appeal being made;\nor\n(b) if an appeal is made against the conviction or finding of guilt—\nthe defendant’s conviction, or the finding of guilt, is confirmed\non appeal, and the time for making any further appeal in relation\nto the conviction or finding of guilt ends without an application\nfor an appeal being made; or\n(c) if on appeal a court directs that the defendant be retried and the\ndefendant is convicted, or found guilty, of an offence against this\nAct—paragraph (a) or (b) applies to that conviction or finding\nof guilt.\nNote A notice must be published as soon as possible after the time mentioned\nin s (8) (a), (b) or (c) (whichever applies) (see Legislation Act, s 151B).\n(9) No liability is incurred by a person or the Territory for publishing\nhonestly—\n(a) a notice under this section; or\n(b) a fair report or summary of such a notice.\n\n","sortOrder":145},{"sectionNumber":"149","sectionType":"section","heading":"Codes of practice","content":"149 Codes of practice\n(1) The Minister may approve codes of practice setting out minimum\nstandards or guidelines for this Act.\n(2) An approved code of practice may apply, adopt or incorporate a law\nor instrument, or a provision of a law or instrument, as in force from\ntime to time.\nNote The text of an applied, adopted or incorporated law or instrument,\nwhether applied as in force from time to time or as at a particular time, is\ntaken to be a notifiable instrument if the operation of the Legislation Act,\ns 47 (5) or (6) is not disapplied (see s 47 (7)).\n(3) An approval of a code of practice is a disallowable instrument.\n(4) A person commits an offence if the person fails to comply with a code\nof practice for—\n(a) handling food intended for sale; or\n(b) the sale of food; or\n(c) equipment.\n(6) In this section:\nlaw includes a law of another jurisdiction.\n","sortOrder":146},{"sectionNumber":"150","sectionType":"section","heading":"Determination of fees","content":"150 Determination of fees\n(1) The Minister may determine fees for this Act.\n(2) A determination is a disallowable instrument.\n\n","sortOrder":147},{"sectionNumber":"152","sectionType":"section","heading":"Regulation-making power","content":"152 Regulation-making power\n(1) The Executive may make regulations for this Act.\n(2) A regulation may make provision in relation to—\n(a) the preparation, carrying out, maintenance and monitoring of\nfood safety programs for food businesses to ensure that the\nprovisions of this Act (including the food standards code) are\ncomplied with; and\n(b) the requirements for eligibility to become, or remain, a food\nsafety supervisor; and\n(c) the functions of food safety supervisors; and\n(d) any other matter relating to the management or conduct of food\nsafety supervisors.\n(3) A regulation may apply, adopt or incorporate a law or instrument, or\na provision of a law or instrument, as in force from time to time.\n(4) A regulation may prescribe offences for contraventions of a\nregulation and prescribe maximum penalties of not more than\n20 penalty units for offences against a regulation.\n(5) In this section:\nlaw includes a law of another jurisdiction.\n","sortOrder":148},{"sectionNumber":"153","sectionType":"section","heading":"Temporary emergency regulations","content":"153 Temporary emergency regulations\n(1) A regulation may be made under this section that contain provisions\nthat are in addition to, or in substitution for, 1 or more of the\nprovisions of the food standards code as the provisions of the code\napply in the ACT.\n(2) A regulation mentioned in subsection (1) may be made only if the\nMinister has certified that the regulation is necessary as it relates to\nan issue of public health and safety.\n\n(3) A provision of a regulation mentioned in subsection (1) does not\ncontinue in force—\n(a) except as provided by paragraph (b)—for longer than 1 year; or\n(b) if the provision is the same in substance as a provision of a\nregulation that was previously in force under this Act—for a\nperiod that, when added to the period for which that previous\nprovision was in force, is longer than 1 year.\n\n","sortOrder":149},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Reviewable decisions","content":"Schedule 1 Reviewable decisions\nSchedule 1 Reviewable decisions\n(see pt 11)\ncolumn 1\nitem\ncolumn 2\nprovision\ncolumn 3\ndecision\ncolumn 4\nentity\n1 44 (5) Minister—refuse to pay compensation, or amount of\ncompensation paid, for emergency order\napplicant for compensation\n2 86 authorised officer—refuse to issue clearance certificate proprietor of food business\n3 88 (5) Minister—refuse to pay compensation, or amount of\ncompensation paid, for prohibition order\napplicant for compensation\n4 92 (3) chief health officer—register/refuse to register food business applicant for registration\n5 93 (2) chief health officer—renew/refuse to renew registration of\nfood business\nproprietor of food business\n6 94 (1) chief health officer—register/renew registration of food\nbusiness subject to condition\napplicant for registration or renewal of\nregistration\n\nReviewable decisions Schedule 1\ncolumn 1\nitem\ncolumn 2\nprovision\ncolumn 3\ndecision\ncolumn 4\nentity\n7 94 (2) chief health officer—amend registration of food business to\nimpose condition or amend/revoke existing condition\nproprietor of registered food business\n8 97 (4) chief health officer—refuse to amend registration of food\nbusiness\napplicant for amendment of registration\n9 101 (3) chief health officer—suspend/cancel registration of food\nbusiness/length of suspension of registration of food business/\nimpose condition or amend existing condition\nproprietor of registered food business\n10 102 chief health officer—suspend registration of food business proprietor of registered food business\n\n(see s 4)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• ACAT\n• chief health officer\n• exercise\n• found guilty\n• function\n• home address\n• reviewable decision notice.\nadvertisement means—\n(a) any words, whether written or spoken; or\n(b) any pictorial representation or design; or\n(c) any other representation by any means at all;\nused or apparently used to promote, directly or indirectly, the sale of\nfood.\nanalysis includes any examination or testing of food or anything else.\nanimal includes an amphibian, bird, crustacean, fish, mollusc or\nreptile.\napproved code of practice means a code of practice approved under\nsection 149 (1).\napproved food safety training course, for part 9A (Food safety\n\nauthorised analyst means an analyst under the Public Health\nAct 1997, section 15 who is authorised under that Act to exercise a\nfunction under this Act.\nNote Analyst includes the government analyst (see Public Health Act 1997,\ndict).\nauthorised officer means a public health officer who is authorised\nunder the Public Health Act 1997, section 12A (2) (Functions of\npublic health officers) to exercise a function under this Act.\ncertificate of registration, for a food business, means a certificate of\nregistration issued under section 96 (1) for the business.\nclearance certificate means a clearance certificate issued under\nsection 86 (2).\nclosure notice means a notice required under section 84A (2)\n(Display of closure notices).\nCommonwealth Act means the Food Standards Australia New\nZealand Act 1991 (Cwlth).\nconnected, with an offence, for part 5 (Inspection and seizure\npowers)—see section 45.\ndisciplinary notice—see section 101 (1) (Procedure for taking action\nin relation to registration).\ndisplayed for sale—see section 9 (2) (Meaning of sell etc).\ndispose, of food, for part 4 (Emergency powers)—see section 37.\nemergency order—see section 38.\nengage in conduct means—\n(a) do an act; or\n(b) omit to do an act.\n\nequipment means all or part of—\n(a) any utensil, machinery, instrument, device, apparatus or appliance\nthat is used, or that is designed or intended for use, in relation to\nthe handling of food; or\n(b) any substance, utensil, machinery, instrument, device, apparatus\nor appliance that is used, or that is designed or intended for use,\nin cleaning anything mentioned in paragraph (a).\nexamine includes inspect, weigh, count, test or measure.\nexecutive officer, of a corporation, means a person, by whatever\nname called and whether or not the person is a director of the\ncorporation, who is concerned with, or takes part in, the corporation’s\nmanagement.\nfalsely described, for part 3 (Offences relating to food)—see\nsection 15 (False descriptions of food).\nfood—see section 8.\nfood authority—see the Commonwealth Act, section 4 (1), definition\nof authority.\nNote Authority is defined to mean Food Standards Australia New Zealand.\nfood business—see section 10.\nfood business register—see section 105.\nfood safety standard—see the Commonwealth Act, section 4 (1),\ndefinition of standard.\nfood safety supervisor, for a registered food business, for part 9A\n(Food safety supervisors)—see section 116.\nfood safety training approval guidelines, for part 9A (Food safety\nfood safety training course, for part 9A (Food safety supervisors)—\nsee section 116.\nfood standards code—see section 13A.\n\nfood transport vehicle means a vehicle used for the transport of food\nintended for sale.\nhandling, of food, includes the making, manufacturing, producing,\ncollecting, extracting, processing, storing, transporting, delivering,\npreparing, treating, preserving, packing, cooking, thawing, serving or\ndisplaying of food.\nidentity card means an identity card issued under the Public Health\nAct 1997, section 16.\nimprovement notice means an improvement notice served under\nsection 79 (Service of improvement notices).\nlabel includes any tag, brand, mark or statement in writing or any\nrepresentation or design or other descriptive matter on or attached to\nor used or displayed in relation to or accompanying any food or\npackage.\nmenu, for part 9 (Display of nutritional information for food)—see\nsection 107.\noccupier, for part 5 (Inspection and seizure powers)—see section 45.\noffence, for part 5 (Inspection and seizure powers)—see section 45.\npackage includes any container or wrapper in or by which food\nintended for sale is completely or partly encased, covered, enclosed,\ncontained or packed and, for food carried or sold or intended to be\ncarried or sold in more than 1 package, includes every such package.\nplace of seizure, for part 5 (Inspection and seizure powers)—see\nsection 52 (6) (a) (Power to seize things).\n\npremises includes—\n(a) land (whether or not vacant); or\n(b) any part of a building, tent, stall or other structure (whether of a\npermanent or temporary nature); or\n(c) a pontoon; or\n(d) a food transport vehicle or any other vehicle.\nprimary food production—see section 11.\nprohibition order means a prohibition order served under section 82.\nproprietor, of a food business, means—\n(a) the person conducting the food business; or\n(b) if that person cannot be identified—the person in charge of the\nready-to-eat food, for part 9 (Display of nutritional information for\nfood)—see section 107.\nrecall order, for part 4 (Emergency orders)—see section 37.\nregistered, in relation to a food business, means registered under\nsection 92.\nregistered training organisation, for part 9A (Food safety\nregulated event means an event declared under section 91.\nreviewable decision, for part 11 (Notification and review of\ndecisions)—see section 141A.\nsell—see section 9 (1).\nsite, for a registered food business, for part 9A (Food safety\nstandard food item, for part 9 (Display of nutritional information for\nfood)—see section 108.\n\nstandard food outlet, for part 9 (Display of nutritional information\nfor food)—see section 109.\nstatement of attainment, held by a person, for part 9A (Food safety\nunsafe, in relation to food—see section 12.\nunsuitable, in relation to food—see section 13.\nvehicle means any means of transport, whether or not self-propelled,\nand whether used on land or water or in the air.\n\n1 About the endnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nLegislation history 3\nFood Act 2001 A2001-66\nnotified 10 September 2001 (Gaz 2001 No S66)\ns 1, s 2 commenced 10 September 2001 (IA s 10B)\nremainder commenced 10 March 2002 (s 2 and LA s 79)\nas modified by\nFood Regulations 2002 SL2002-10 (as am by SL2002-14 reg 4, reg 5)\nnotified LR 7 May 2002\ncommenced 8 May 2002 (reg 2)\nFood Amendment Regulations 2002 SL2002-14 reg 4, reg 5\nnotified LR 11 June 2002\ncommenced 11 June 2002 (reg 2)\nNote 1 mod exp 10 March 2003 (SL2002-10 reg 17)\nNote 2 This regulation only amends the Food Regulations 2002\nSL2002-10.\nas amended by\nStatute Law Amendment Act 2002 A2002-30 pt 3.31\nnotified LR 16 September 2002\ns 1, s 2 taken to have commenced 19 May 1997 (LA s 75 (2))\npt 3.31 commenced 17 September 2002 (s 2 (1))\nConstruction Occupations Legislation Amendment Act 2004\nA2004-13 sch 2 pt 2.13\nnotified LR 26 March 2004\ns 1, s 2 commenced 26 March 2004 (LA s 75 (1))\nsch 2 pt 2.13 commenced 1 September 2004 (s 2 and see\nConstruction Occupations (Licensing) Act 2004 A2004-12, s 2 and\nCN2004-8)\nCriminal Code (Theft, Fraud, Bribery and Related Offences)\nAmendment Act 2004 A2004-15 sch 1 pt 1.17, sch 2 pt 2.38\nnotified LR 26 March 2004\ns 1, s 2 commenced 26 March 2004 (LA s 75 (1))\nsch 1 pt 1.17, sch 2 pt 2.38 commenced 9 April 2004 (s 2 (1))\n\nStatute Law Amendment Act 2004 A2004-42 sch 3 pt 3.9\nnotified LR 11 August 2004\ns 1, s 2 commenced 11 August 2004 (LA s 75 (1))\nsch 3 pt 3.9 commenced 25 August 2004 (s 2 (1))\nStatute Law Amendment Act 2005 A2005-20 sch 3 pt 3.23\nnotified LR 12 May 2005\ns 1, s 2 taken to have commenced 8 March 2005 (LA s 75 (2))\nsch 3 pt 3.23 commenced 12 November 2005 (s 2 (2) and LA s 79)\nSentencing Legislation Amendment Act 2006 A2006-23 sch 1 pt 1.20\nnotified LR 18 May 2006\ns 1, s 2 commenced 18 May 2006 (LA s 75 (1))\nsch 1 pt 1.20 commenced 2 June 2006 (s 2 (1) and see Crimes\n(Sentence Administration) Act 2005 A2005-59 s 2, Crimes\n(Sentencing) Act 2005 A2005-58, s 2 and LA s 79)\nHealth Legislation Amendment Act 2006 (No 2) A2006-46 sch 2 pt 2.6\nnotified LR 17 November 2006\ns 1, s 2 commenced 17 November 2006 (LA s 75 (1))\nsch 2 pt 2.6 commenced 18 November 2006 (s 2 (1))\nStatute Law Amendment Act 2007 (No 2) A2007-16 sch 3 pt 3.15\nnotified LR 20 June 2007\ns 1, s 2 taken to have commenced 12 April 2007 (LA s 75 (2))\nsch 3 pt 3.15 commenced 11 July 2007 (s 2 (1))\nChildren and Young People (Consequential Amendments) Act 2008\nA2008-20 sch 2 pt 2.8, sch 3 pt 3.14\nnotified LR 17 July 2008\ns 1, s 2 commenced 17 July 2008 (LA s 75 (1))\ns 3 commenced 18 July 2008 (s 2 (1))\nsch 2 pt 2.8 commenced 9 September 2008 (s 2 (3) and see Children\nand Young People Act 2008 A2008-19, s 2 and CN2008-13)\nsch 3 pt 3.14 commenced 27 October 2008 (s 2 (4) and see Children\nand Young People Act 2008 A2008-19, s 2 and CN2008-13)\nMedicines, Poisons and Therapeutic Goods Act 2008 A2008-26\nsch 2 pt 2.11\nnotified LR 14 August 2008\ns 1, s 2 commenced 14 August 2008 (LA s 75 (1))\nsch 2 pt 2.11 commenced 14 February 2009 (s 2 and LA s 79)\n\nLegislation history 3\nStatute Law Amendment Act 2008 A2008-28 sch 3 pt 3.27\nnotified LR 12 August 2008\ns 1, s 2 commenced 12 August 2008 (LA s 75 (1))\nsch 3 pt 3.27 commenced 26 August 2008 (s 2)\nACT Civil and Administrative Tribunal Legislation Amendment\nAct 2008 (No 2) A2008-37 sch 1 pt 1.44\nnotified LR 4 September 2008\ns 1, s 2 commenced 4 September 2008 (LA s 75 (1))\nsch 1 pt 1.44 commenced 2 February 2009 (s 2 (1) and see ACT Civil\nand Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)\nStatute Law Amendment Act 2009 (No 2) A2009-49 sch 3 pt 3.33\nnotified LR 26 November 2009\ns 1, s 2 commenced 26 November 2009 (LA s 75 (1))\nsch 3 pt 3.33 commenced 17 December 2009 (s 2)\nFood (Nutritional Information) Amendment Act 2011 A2011-32 pt 2\n(as am by A2012-4 sch 2 pt 2.1)\nnotified LR 5 September 2011\ns 1, s 2 commenced 5 September 2011 (LA s 75 (1))\npt 2 commenced 1 January 2013 (s 2)\nFood Amendment Act 2012 A2012-4\nnotified LR 1 March 2012\ns 1, s 2 commenced 1 March 2012 (LA s 75 (1))\nss 3-6, ss 8-10, s 13, sch 1, sch 2 pt 2.2 commenced 2 March 2012\n(s 2 (1))\nsch 2 pt 2.1 commenced 1 January 2013 (s 2 (2) and see Food\n(Nutritional Information) Amendment Act 2011 A2011-32, s 2)\nremainder commenced 1 September 2013 (s 2 (4))\nStatute Law Amendment Act 2013 (No 2) A2013-44 sch 3 pt 3.9\nnotified LR 11 November 2013\ns 1, s 2 commenced 11 November 2013 (LA s 75 (1))\nsch 3 pt 3.9 commenced 25 November 2013 (s 2)\nTraining and Tertiary Education Amendment Act 2014 A2014-48 sch 1\npt 1.10\nnotified LR 6 November 2014\ns 1, s 2 commenced 6 November 2014 (LA s 75 (1))\nsch 1 pt 1.10 commenced 20 November 2014 (s 2)\n\nFood Amendment Act 2014 A2014-57 pt 2\nnotified LR 4 December 2014\ns 1, s 2 commenced 4 December 2014 (LA s 75 (1))\nss 7-9, ss 12-14, ss 27-29 commenced 1 January 2015 (s 2\nand CN2014-17)\npt 2 remainder commenced 20 April 2015 (s 2 and CN2014-17)\nRed Tape Reduction Legislation Amendment Act 2015 A2015-33\nsch 1 pt 1.29\nnotified LR 30 September 2015\ns 1, s 2 commenced 30 September 2015 (LA s 75 (1))\nsch 1 pt 1.29 commenced 14 October 2015 (s 2)\nRed Tape Reduction Legislation Amendment Act 2018 A2018-33\nsch 1 pt 1.16\nnotified LR 25 September 2018\ns 1, s 2 commenced 25 September 2018 (LA s 75 (1))\nsch 1 pt 1.16 commenced 23 October 2018 (s 2 (4))\nStatute Law Amendment Act 2021 A2021-12 sch 3 pt 3.19\nnotified LR 9 June 2021\ns 1, s 2 commenced 9 June 2021 (LA s 75 (1))\nsch 3 pt 3.19 commenced 23 June 2021 (s 2 (1))\nJustice (Age of Criminal Responsibility) Legislation Amendment\nAct 2023 A2023-45 sch 1 pt 1.5\nnotified LR 15 November 2023\ns 1, s 2 commenced 15 November 2023 (LA s 75 (1))\nsch 1 pt 1.5 commenced 27 March 2024 (s 2 (2) (a))\nStatute Law Amendment Act 2025 A2025-29 sch 4 pt 4.78\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 4 pt 4.78 commenced 16 December 2025 (s 2 (6))\n\nCommencement\ns 2 om R1 LA\nOffences against Act—application of Criminal Code etc\ns 5A ins A2011-32 s 4 (om by A2012-4 amdt 2.1)\nins A2012-4 amdt 1.1\nApplication of Act to primary food production\ns 6 am A2014-57 s 4\nApplication of Act to water suppliers\ns 7 am A2012-4 amdt 1.2; A2014-57 s 5\nApplication of Act to certain food businesses\ns 7A ins A2014-57 s 6\nMeaning of food\ns 8 am A2013-44 amdt 3.93\nMeaning of sell etc\ns 9 am A2006-23 amdt 1.203; A2008-20 amdt 2.19, amdt 3.28;\nA2023-45 amdt 1.29\nMeaning of primary food production\ns 11 am A2013-44 amdt 3.93\nMeaning of food standards code\ns 13A ins A2013-44 amdt 3.78\nFalse descriptions of food\ns 15 am A2012-4 amdt 1.3; A2013-44 amdt 3.79\nSerious offences relating to food\ndiv 3.2 hdg sub A2012-4 amdt 1.4\nKnowingly handling food in unsafe way\ns 16 sub A2012-4 amdt 1.4\nKnowingly selling unsafe food\ns 17 sub A2012-4 amdt 1.4\nKnowingly describing food falsely\ns 18 sub A2012-4 amdt 1.4\nOther offences relating to food\ndiv 3.3 hdg sub A2012-4 amdt 1.4\nNegligently handling food in unsafe way\ns 19 sub A2012-4 amdt 1.4\n\nNegligently selling unsafe food\ns 20 sub A2012-4 amdt 1.4\nNegligently describing food falsely\ns 21 sub A2012-4 amdt 1.4\nHandling and sale of unsafe food\ns 22 sub A2012-4 amdt 1.4\nHandling and sale of unsuitable food\ns 23 sub A2012-4 amdt 1.4\nMisleading conduct relating to sale of food\ns 24 sub A2012-4 amdt 1.4\nSale of food not complying with purchaser’s demand\ns 25 sub A2012-4 amdt 1.4\nSale of unfit equipment or packaging or labelling material\ns 26 sub A2012-4 amdt 1.4\nCompliance with food standards code\ns 27 sub A2012-4 amdt 1.4\nDefence relating to publication of advertisements\ns 28 sub A2012-4 amdt 1.5\nDefence relating to food for export\ns 29 sub A2012-4 amdt 1.5\nDefence of appropriate diligence\ns 30 am A2013-44 amdt 3.93\nDefence in relation to handling food\ns 31 sub A2012-4 amdt 1.5\nDefence of mistaken and reasonable belief not available\ns 33 om A2012-4 amdt 1.7\nAlternative verdicts for handling food in unsafe way\ns 35 am A2012-4 amdt 1.8\nAlternative verdicts for selling unsafe food\ns 36 am A2012-4 amdt 1.9\nNature of emergency orders\ns 39 am A2013-44 amdt 3.79; A2025-29 amdt 4.78\nSpecial provisions relating to recall orders\ns 40 am A2013-44 amdt 3.79\nHow orders are made\ns 41 am A2002-30 amdt 3.375; A2015-33 amdt 1.90\n\nContravening emergency order\ns 43 sub A2012-4 amdt 1.10\nPower to enter premises\ns 46 am A2025-29 amdt 4.78\nWarrants\ns 49 am A2004-42 amdt 3.45\nWarrants—application made other than in person\ns 50 am A2004-42 amdt 3.46; A2018-33 amdt 1.29, amdt 1.30\nGeneral powers of authorised officers\ns 51 am A2002-30 amdt 3.376; A2012-4 amdt 1.11; ss renum\nR19 LA; A2013-44 amdt 3.79, amdt 3.80\nPower to seize things\ns 52 am A2004-42 amdt 3.47; A2012-4 amdt 1.12\nPower to destroy decomposed food etc\ns 53 am A2012-4 amdt 1.13; ss renum R19 LA; A2013-44 amdt\n3.81\nPower to require name and address\ns 54 sub A2012-4 amdt 1.14\nReturn of things seized\ns 57 am A2005-20 amdt 3.156\nOrder for return of seized thing\ns 59 am A2013-44 amdt 3.81\nSelfincrimination\ns 64 om A2002-30 amdt 3.377\nLegal professional privilege\ns 65 om A2002-30 amdt 3.377\nProviding false or misleading information\ns 66 om A2004-15 amdt 2.86\nProviding false or misleading documents\ns 67 om A2004-15 amdt 2.86\nHindering or obstructing authorised officer\ns 68 om A2004-15 amdt 2.86\nPretending to be an authorised officer\ns 69 om A2004-15 amdt 2.86\nProcedures for dividing food samples\ns 76 am A2008-28 amdt 3.91; A2009-49 amdt 3.75\nCertificates of analysis by authorised analysts\ns 78 am A2008-26 amdt 2.70; A2021-12 amdt 3.41\n\nService of improvement notices\ns 79 am A2002-30 amdt 3.378\nContents of improvement notices\ns 80 am A2013-44 amdt 3.81\nService of prohibition orders\ns 82 am A2002-30 amdt 3.379\nContents of prohibition orders\ns 83 am A2013-44 amdt 3.81\nScope of improvement notices and prohibition orders\ns 84 am A2004-42 amdt 3.48; A2013-44 amdt 3.81, amdt 3.82\nDisplay of closure notices\ns 84A ins A2012-4 s 4\nam A2014-57 s 7, s 8\nContents of closure notices\ns 84B ins A2012-4 s 4\nProprietor to maintain closure notice\ns 84C ins A2012-4 s 4\nsub A2014-57 s 9\nContravention of improvement notices and prohibition orders\ns 87 sub A2012-4 s 5\nRegistration of food businesses\npt 8 hdg sub A2014-57 s 10\nNotification and registration of food businesses\npt 8 hdg notes exp 10 June 2002 (s 159)\nOffence—food business not registered or exempt\ns 89 sub A2014-57 s 11\nFood businesses exempt from registration\ns 90 sub A2012-4 amdt 1.15; A2014-57 s 11\nRegulated events\ns 91 sub A2012-4 amdt 1.16; A2014-57 s 11\nRegistration of food businesses\ns 92 am A2004-15 amdt 1.19; A2004-13 amdt 2.47; A2013-44\namdt 3.93; A2014-57 s 12; A2021-12 amdt 3.41; A2025-29\namdt 4.78\nRenewal of registration\ns 93 am A2014-57 s 13; A2025-29 amdt 4.78\n\nIssue or amendment of registration subject to conditions\ns 94 hdg sub A2002-30 amdt 3.380\nCertificate of registration\ns 96 am A2014-57 s 14\nChange in details of registration or operation of food business\ns 97 am A2004-13 amdt 2.48; A2012-4 amdt 1.17; ss renum R19\nLA; A2021-12 amdt 3.41; A2025-29 amdt 4.78\nRegistration certificate must be displayed\ns 98A ins A2012-4 s 6\nFood business to be conducted in accordance with registration conditions\ns 99 am A2004-15 amdt 1.20\nsub A2012-4 amdt 1.18\nProcedure for taking action in relation to registration\ns 101 am A2002-30 amdt 3.381\nInfringement notices for certain offences\npt 9 hdg om A2005-20 amdt 3.157\nPreliminary\ndiv 9.1 hdg om A2005-20 amdt 3.157\nReturn of certificate of registration\ns 103 am A2012-4 amdt 1.19, ss renum R19 LA\nFood business register\ns 105 hdg sub A2014-57 s 15\ns 105 am A2014-57 ss 16-20; ss renum R25 LA\ntextual correction R25 (RI)-R31\nPublication and inspection of food business register\ns 106 hdg sub A2014-57 s 21\ns 106 am A2014-57 s 22; A2025-29 amdt 4.78\nDisplay of nutritional information for food\npt 9 hdg ins A2011-32 s 5\nDefinitions—pt 9\ns 107 om A2005-20 amdt 3.157\ndef date of service om A2005-20 amdt 3.157\ndef infringement notice om A2005-20 amdt 3.157\ndef infringement notice offence om A2005-20 amdt 3.157\ndef infringement notice penalty om A2005-20 amdt 3.157\ndef menu ins A2011-32 s 5\ndef ready-to-eat food ins A2011-32 s 5\ndef reminder notice om A2005-20 amdt 3.157\ndef sell ins A2011-32 s 5\n\ndef standard food item ins A2011-32 s 5\ndef standard food outlet ins A2011-32 s 5\nMeaning of standard food item—pt 9\ns 108 om A2005-20 amdt 3.157\nam A2013-44 amdt 3.93\nMeaning of standard food outlet\ns 109 om A2005-20 amdt 3.157\nInfringement and reminder notices\ndiv 9.2 hdg om A2005-20 amdt 3.157\nCertain standard food outlets to display nutritional information\ns 110 om A2005-20 amdt 3.157\nVoluntary display of nutritional information to meet certain requirements\ns 111 om A2005-20 amdt 3.157\nCommencement of regulation made for s 110 or s 111\ns 112 om A2005-20 amdt 3.157\nDisplay or distribution of explanatory material etc about nutritional\ninformation\ns 113 om A2005-20 amdt 3.157\nExemptions from pt 9\ns 114 om A2005-20 amdt 3.157\nam A2013-44 amdt 3.83; A2025-29 amdt 4.78\nReview of pt 9\ns 115 om A2005-20 amdt 3.157\nexp 1 January 2018 (s 115 (4))\nFood safety supervisors\npt 9A hdg ins A2012-4 s 7\nDefinitions—pt 9A\ns 116 om A2005-20 amdt 3.157\ndef approved food safety training course ins A2012-4 s 7\ndef food safety supervisor ins A2012-4 s 7\ndef food safety training approval guidelines ins A2012-4\ns 7\n\ndef food safety training course ins A2012-4 s 7\ndef registered training organisation ins A2012-4 s 7\nam A2014-48 amdt 1.20\ndef site ins A2014-57 s 23\ndef statement of attainment ins A2012-4 s 7\nam A2014-48 amdt 1.21\nRegistered food business to have food safety supervisor\ns 117 hdg sub A2014-57 s 24\ns 117 om A2005-20 amdt 3.157\nam A2014-57 s 25, s 26; ss renum R25 LA\nProprietor of registered food business may be food safety supervisor\ns 118 om A2005-20 amdt 3.157\nFood safety training approval guidelines\ns 119 om A2005-20 amdt 3.157\nExemptions—pt 9A\ns 120 om A2005-20 amdt 3.157\nins A2014-57 s 27\nAdditional information in reminder notices\ns 121 om A2005-20 amdt 3.157\nDisputing liability\ndiv 9.3 hdg om A2005-20 amdt 3.157\nDisputing liability for infringement notice offence\ns 122 om A2005-20 amdt 3.157\nExtension of time to dispute liability\ns 123 om A2005-20 amdt 3.157\nProcedure if liability disputed\ns 124 om A2005-20 amdt 3.157\nMiscellaneous\ndiv 9.4 hdg om A2005-20 amdt 3.157\nEvidentiary certificates\ns 125 om A2005-20 amdt 3.157\nActs and omissions of representatives\ns 127 sub A2004-15 amdt 1.21\nRenewal or amendment of registration not to affect prosecution\ns 131 am A2004-42 amdt 3.49\n\nCertificate evidence etc\ns 133 am A2008-26 amdt 2.71\nEvidence of analysts\ns 134 om A2008-26 amdt 2.72\nNotification and review of decisions\npt 11 hdg sub A2008-37 amdt 1.185\nMeaning of reviewable decision—pt 11\ns 141A ins A2008-37 amdt 1.185\nReviewable decision notices\ns 141B ins A2008-37 amdt 1.185\nApplications for review\ns 141C ins A2008-37 amdt 1.185\nMiscellaneous\npt 12 hdg ins A2008-37 amdt 1.185\nBribery\ns 143 om A2004-15 amdt 2.86\nSecrecy\ns 145 am A2004-42 amdt 3.50; A2006-46 amdt 2.20, amdt 2.21\nPublication of details of food businesses related to offences\ns 146 am A2004-42 amdt 3.51; A2012-4 ss 8-10; ss renum R19 LA;\nA2014-57 s 28, s 29; A2015-33 amdt 1.91\nDecisions reviewable by administrative appeals tribunal\ns 147 om A2008-37 amdt 1.186\nNotification of reviewable decisions\ns 148 om A2008-37 amdt 1.186\nCodes of practice\ns 149 am A2002-30 amdt 3.382; A2012-4 amdt 1.20; ss renum\nR19 LA; A2013-44 amdt 3.84; A2025-29 amdt 4.78\nDetermination of fees\ns 150 am A2013-44 amdt 3.84; A2025-29 amdt 4.78\nApproved forms\ns 151 am A2002-30 amdt 3.383; A2013-44 amdt 3.84\nom A2021-12 amdt 3.41\nRegulation-making power\ns 152 am A2002-30 amdt 3.382; A2012-4 s 11; A2013-44 amdt 3.85;\nA2014-57 s 30; pars renum R25 LA; A2025-29 amdt 4.78\n\nTransitional provisions\npt 12 hdg exp 10 March 2003 (s 174)\nGeneral\ndiv 12.1 hdg exp 10 March 2003 (s 174)\nTemporary emergency regulations\ns 153 am A2013-44 amdt 3.86\nTransitional—s 92 (5) and s 97 (6)\ns 154 exp 10 March 2003 (s 174)\nins A2004-13 amdt 2.49\nexp 1 July 2005 (s 154 (2))\nTransitional regulations\ns 155 exp 10 March 2003 (s 174)\nModification of pt 12’s operation\ns 156 exp 10 March 2003 (s 174)\nExisting food businesses\ndiv 12.2 hdg exp 10 June 2002 (s 159)\nFood businesses licensed under former Food Act not registered on\ns 157 exp 10 June 2002 (s 159)\nins as mod SL2002-14 sch 2\nexp 10 March 2003 (SL2002-10 reg 17)\nFood businesses exempt from registration under former Food Act\ns 158 exp 10 June 2002 (s 159)\nExpiry of div 12.2\ns 159 exp 10 June 2002 (s 159)\nOther transitional matters\ndiv 12.3 hdg exp 10 March 2003 (s 174)\nApplications for licences\ns 160 exp 10 March 2003 (s 174)\nApplications for renewal of licences\ns 161 exp 10 March 2003 (s 174)\nApplications for approval for alteration of food premises\ns 162 exp 10 March 2003 (s 174)\nApplications for variation of licences\ns 163 exp 10 March 2003 (s 174)\nAction to suspend or cancel licences\ns 164 exp 10 March 2003 (s 174)\n\nImprovement notices\ns 165 exp 10 March 2003 (s 174)\nProhibition notices\ns 166 exp 10 March 2003 (s 174)\nSearch warrants\ns 167 exp 10 March 2003 (s 174)\nThings seized\ns 168 exp 10 March 2003 (s 174)\nFood samples\ns 169 exp 10 March 2003 (s 174)\nAnalysis of food samples\ns 170 exp 10 March 2003 (s 174)\nReview of decisions under former Food Act\ns 171 exp 10 March 2003 (s 174)\nChief health officer may give effect to decisions of Minister etc\ns 172 exp 10 March 2003 (s 174)\nDirections under Food Regulations\ns 173 exp 10 March 2003 (s 174)\nExpiry\ndiv 12.4 hdg exp 10 March 2003 (s 174)\nExpiry of pt 12\ns 174 exp 10 March 2003 (s 174)\nRepeals and miscellaneous amendments\npt 13 hdg om LA s 89 (3)\nRepeal of laws\ns 175 om LA s 89 (3)\nAmendment of Acts—sch 2\ns 176 om LA s 89 (3)\nReviewable decisions\nsch 1 hdg sub A2008-37 amdt 1.187\nsch 1 am A2008-37 amdt 1.188\nMiscellaneous provisions\nsch 2 om LA s 89 (3)\ndict am A2002-30 amdt 3.384; A2008-37 amdt 1.189; A2013-44\namdt 3.87\ndef approved food safety training course ins A2012-4 s 12\ndef authorised analyst sub A2008-26 amdt 2.73\n\ndef closure notice ins A2012-4 s 13\ndef Commonwealth Act sub A2007-16 amdt 3.63\ndef date of service om A2005-20 amdt 3.158\ndef engage in conduct ins A2012-4 amdt 1.22\ndef equipment am A2013-44 amdt 3.88\ndef food authority am A2007-16 amdt 3.64; A2013-44\namdt 3.89\ndef food safety standard am A2013-44 amdt 3.90\ndef food safety supervisor ins A2012-4 s 14\ndef food safety training approval guidelines ins A2012-4\ns 7\ndef food safety training course ins A2012-4 s 14\ndef food standards code sub A2013-44 amdt 3.91\ndef infringement notice om A2005-20 amdt 3.158\ndef infringement notice offence om A2005-20 amdt 3.158\ndef infringement notice penalty om A2005-20 amdt 3.158\ndef menu ins A2011-32 s 6\ndef premises sub A2013-44 amdt 3.92\ndef ready-to-eat food ins A2011-32 s 6\ndef registered training organisation ins A2012-4 s 14\ndef regulated event ins A2014-57 s 31\ndef reminder notice om A2005-20 amdt 3.158\ndef reviewable decision ins A2008-37 amdt 1.190\ndef site ins A2014-57 s 31\ndef standard food item ins A2011-32 s 6\ndef standard food outlet ins A2011-32 s 6\ndef statement of attainment ins A2012-4 s 14\ndef unsafe sub A2005-20 amdt 3.159\ndef unsuitable sub A2005-20 amdt 3.159\n\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nfor\n10 Mar 2002\n10 Mar 2002–\nnot amended new Act\n11 June 2002–\n16 Sept 2002\nSL2002-14 modifications by\nSL2002-10 as\namended by\nSL2002-14\n23 Sept 2002\n17 Sept 2002–\n10 Mar 2003\nA2002-30 amendments by\nA2002-30\n11 Mar 2003\n11 Mar 2003–\n8 Apr 2004\nA2002-30 commenced expiry\n9 Apr 2004\n9 Apr 2004–\n24 Aug 2004\nA2004-15 amendments by\nA2004-15\n25 Aug 2004\n25 Aug 2004–\n31 Aug 2004\nA2004-42 amendments by\nA2004-42\n1 Sept 2004\n1 Sept 2004–\nA2004-42 amendments by\nA2004-13\n2 July 2005–\n11 Nov 2005\nA2005-20 commenced expiry\nR9*\n12 Nov 2005\n12 Nov 2005–\nA2005-20 amendments by\nA2005-20\n2 June 2006–\n17 Nov 2006\nA2006-23 amendments by\nA2006-23\n18 Nov 2006\n18 Nov 2006–\nA2006-46 amendments by\nA2006-46\n\nEarlier republications 5\nfor\n11 July 2007–\n25 Aug 2008\nA2007-16 amendments by\nA2007-16\n26 Aug 2008\n26 Aug 2008–\n8 Sept 2008\nA2008-28 amendments by\nA2008-28\n9 Sept 2008\n9 Sept 2008–\n26 Oct 2008\nA2008-20\n27 Oct 2008\n27 Oct 2008–\n1 Feb 2009\nA2008-20\n2 Feb 2009\n2 Feb 2009–\n13 Feb 2009\nA2008-37\n14 Feb 2009\n14 Feb 2009–\n16 Dec 2009\nA2008-26\nR18*\n17 Dec 2009\n17 Dec 2009–\n1 Mar 2012\nA2009-49 amendments by\nA2009-49\n2 Mar 2012\n2 Mar 2012–\n31 Dec 2012\n1 Jan 2013\n1 Jan 2013–\n31 Aug 2013\nA2011-32 as\namended by\n1 Sept 2013\n1 Sept 2013–\n24 Nov 2013\n25 Nov 2013\n25 Nov 2013-\n19 Nov 2014\nA2013-44 amendments by\nA2013-44\n20 Nov 2014\n20 Nov 2014-\n31 Dec 2014\nA2014-48 amendments by\nA2014-48\n1 Jan 2015\n1 Jan 2015-\n19 Apr 2015\nA2014-57 amendments by\nA2014-57\nR25 (RI)\n20 Apr 2015-\n13 Oct 2015\nA2014-57 amendments by\nA2014-57\n\nfor\nR26 (RI)\n14 Oct 2015-\n1 Jan 2018\nA2015-33 amendments by\nA2015-33\nR27 (RI)\n2 Jan 2018–\n22 Oct 2018\nA2015-33 expiry of provision\n(s 115)\nR28 (RI)\n23 Oct 2018–\nA2018-33 amendments by\nA2018-33\nR29 (RI)\n23 June 2021–\n26 Mar 2024\nA2021-12 amendments by\nA2021-12\nR30 (RI)\n27 Mar 2024–\n15 Dec 2025\nA2023-45 amendments by\nA2023-45","sortOrder":150}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act’s substantive scope has expanded since enactment by later amendments: it now includes mandatory nutritional‑information rules for larger chains (pt 9, s 110), a statutory food safety supervisor regime (pt 9A, s 117), explicit exemptions for volunteers and water suppliers (ss 7A, 7), and reinforced emergency and inspection powers (pts 4–5). These additions broaden regulatory reach from core safety offences to proactive labelling, training and administrative oversight, increasing obligations on certain businesses while carving out specified exclusions."},"complexity_factors":["Multiple fault standards across offences (knowledge, negligence, strict liability) creating layered culpability and defences (divs 3.2–3.4).","Extensive delegated powers and discretion: Ministerial emergency orders, chief health officer registration/conditions, authorised officers’ entry/seizure powers (ss 38–41, 92, 46–52).","Significant cross‑referencing to external instruments—Australia New Zealand Food Standards Code, regulations, codes of practice and delegated guidelines (s 13A, ss 149, 152).","Detailed administrative processes and remedies (improvement/prohibition notices, registration procedures, review rights, compensation mechanisms) that require procedural compliance (pts 7–8, 11, ss 44, 88).","Technical sample‑taking, analysis and evidentiary rules that specify handling, division and admissibility of food samples (pts 6, ss 76–78, 135–137).","Varied penalties (penalty units, imprisonment) and financial liabilities (debts for recall/disposal, costs awards, joint and several liability) that affect commercial risk (ss 27, 40(3), 63, 142).","Targeted exemptions and thresholds (primary production, water supply, volunteer community activities, chain‑size tests for nutrition labelling) add conditional scope and compliance complexity (ss 6, 7, 7A, 110).","Presumptions and evidentiary burdens that shift proof obligations in prosecutions and civil recoveries (ss 32, 34, 132–133)."],"plain_english_summary":"This Act sets the rules for handling, labelling and sale of food in the ACT, defines unsafe/unsuitable food and creates criminal and strict‑liability offences, inspection and seizure powers, emergency recall orders, business registration and display/education duties. Enforcement and discretionary decisions sit with the Minister, the chief health officer and authorised officers (see ss 38, 92, 46). Businesses and sellers bear compliance costs, fees, potential compensation or debt for recalls/disposal (see ss 40(3), 53(6)). Exemptions apply to primary producers, some water suppliers and volunteer community stalls (see ss 6, 7, 7A)."},"kimi_summary":{"_metrics":{"completionTokens":600},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act has expanded significantly from its original 2001 focus on basic food safety and registration. Major additions include: Part 9 (nutritional information display for chain restaurants, 2011), Part 9A (mandatory food safety supervisors, 2012), enhanced emergency powers, and increasingly complex corporate liability provisions. The 2025 amendments (A2025-29) further refined volunteer exemptions and regulatory processes."},"complexity_factors":["153 sections across 12 Parts plus Schedule 1 and Dictionary","Multiple overlapping offence tiers (knowing/negligent/strict liability) with different penalties","Extensive cross-referencing to the Australia New Zealand Food Standards Code (external instrument)","Complex registration system with conditions, suspensions, cancellations and review rights","Detailed procedural rules for warrants, seizures, sample division, and evidentiary presumptions","Nested defences and exceptions (e.g., s 30 'appropriate diligence' defence with 5 sub-elements)","Multiple exemption schemes (primary production, water suppliers, volunteer community organisations)","Emergency powers with 90-day sunset and judicial review provisions"],"plain_english_summary":"The Food Act 2001 (ACT) is the territory’s primary food-safety law: it requires food sold in the ACT to be safe and accurately labelled, establishes offences and penalties for unsafe or misleading practices, and gives regulators powers to register businesses, inspect premises, require trained food‑safety supervision, and act on unsafe food.\n\nIt affects anyone selling or handling food in the ACT — restaurants, cafes, supermarkets, caterers, food trucks and many community food operators — and matters because it protects public health and enforces compliance."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/food-act-2001","history":"/api/acts/food-act-2001/history","analysis":"/api/acts/food-act-2001/analysis","conflicts":"/api/acts/food-act-2001/conflicts","importantCases":"/api/acts/food-act-2001/important-cases","documents":"/api/acts/food-act-2001/documents"}}