{"id":"food-act-2004","name":"Food Act 2004","slug":"food-act-2004","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30072,"registerId":"nt-food-act-2004-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"3","sectionType":"section","heading":"Objects","content":"3 Objects\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 connection with the sale of\n(c) to provide for the application of the Food Standards Code in\nthe Territory;\n(d) to promote and enhance:\n(i) security of access to food, drink and grocery items for\nresidents of remote Aboriginal communities; and\n(ii) the viable operation of food businesses carried out by\nstores servicing remote Aboriginal communities.\n\nFood Act 2004 2\n","sortOrder":0},{"sectionNumber":"4","sectionType":"section","heading":"Application of Act to primary food production","content":"4 Application of Act to primary food production\n(1) Parts 7, 9 and 10 do not apply to or in respect of primary food\nproduction.\n(2) The functions conferred on authorised officers by Parts 6 and 8\nmay only be exercised in respect of primary food production:\n(a) to enable the investigation and prosecution of offences against\nthis Act or the Regulations; or\n(b) in connection with making or enforcing emergency orders.\nNote: The definition of food business excludes primary food production.\n","sortOrder":1},{"sectionNumber":"5","sectionType":"section","heading":"Act binds Crown","content":"5 Act binds Crown\nThis Act binds the Crown in right of the Territory and, to the extent\nthe legislative power of the Legislative Assembly permits, the\nCrown in all its other capacities.\n","sortOrder":2},{"sectionNumber":"6","sectionType":"section","heading":"Definitions","content":"6 Definitions\nIn this Act, unless the contrary intention appears:\nadvertisement means:\n(a) any words, whether written or spoken;\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\nof food.\nanalysis means an analysis for the purposes of this Act and\nincludes any examination or testing of food or any other matter or\nsubstance.\nanimal includes an amphibian, bird, crustacean, fish, mollusc or\nreptile.\napproved analyst means an individual or organisation approved to\ncarry out analyses under Part 8, Division 3.\napproved form means a form approved from time to time by the\nChief Health Officer.\n\nFood Act 2004 3\nauthorised officer means a person appointed under Part 4,\nDivision 3.\nchief executive, in relation to an enforcement agency, means:\n(a) if the enforcement agency is a body – the person responsible\nfor the daily conduct of the affairs of the enforcement agency;\nor\n(b) if the enforcement agency is a natural person – that person.\ncommunity store means a registered food business declared by\nthe Chief Health Officer under section 84A.\nemergency order means an order made under Part 5.\nenforcement agency means:\n(a) the Chief Health Officer; or\n(b) a person or body appointed to be an enforcement agency\nunder section 33.\nequipment means the whole or part of:\n(a) any utensil, machinery, instrument, device, apparatus or\nappliance that is used, or that is designed or intended for use,\nin or in connection with the handling of food; or\n(b) any substance, utensil, machinery, instrument, device,\napparatus or appliance that is used, or that is designed or\nintended for use, in cleaning anything referred to in\nparagraph (a).\nexamine includes weigh, count, test or measure.\nfood has the meaning in section 7.\nfood business has the meaning in section 8.\nfood safety auditor means a person approved under the\nRegulations to carry out audits of food safety programs and\nassessments of food businesses.\nfood safety program has the same meaning as in Standard 3.2.1\nof the Food Standards Code.\nFood Safety Standards means the standards contained in\n","sortOrder":3},{"sectionNumber":"Part 3","sectionType":"part","heading":"of the Food Standards Code.","content":"Chapter 3 of the Food Standards Code.\n\nFood Act 2004 4\nfood security means reasonable, ongoing access to a range of\nfood, drink and grocery items that are reasonably priced, safe and\nof sufficient quantity and quality to meet nutritional and related\nhousehold needs.\nFood Standards Australia New Zealand has the same meaning\nas in the Food Standards Australia New Zealand Act 1991 of the\nCommonwealth.\nFood Standards Code means the Australia New Zealand Food\nStandards Code within the meaning of the Food Standards\nAustralia New Zealand Act 1991 of the Commonwealth.\nfood transport vehicle means a vehicle used for the transport of\nfood for sale.\ngrocery items means items for basic household needs, including\npersonal care, hygiene and cleaning products and cooking utensils.\nhandling, in relation to food, includes making, manufacturing,\nproducing, collecting, extracting, processing, storing, transporting,\ndelivering, preparing, treating, preserving, packing, cooking,\nthawing, serving and displaying food.\nimprovement notice means an improvement notice issued under\nsection 100.\nlabel includes a tag, brand, mark or statement in writing, or any\nrepresentation or design or other descriptive matter, on or attached\nto or used or displayed in connection with or accompanying any\nfood or package.\norganisation, in relation to an approved analyst, means the\n(a) an Agency or an entity in another jurisdiction similar to an\nAgency;\n(b) a body corporate;\n(c) a body politic.\npackage includes any container or wrapper in or by which food\nintended for sale is wholly or partly encased, covered, enclosed,\ncontained or packed and, if food is carried or sold or intended to be\ncarried or sold in more than one package, includes every such\npackage.\n\nFood Act 2004 5\npremises includes:\n(a) land (whether or not vacant);\n(b) the whole or any part of a building, tent, stall or other structure\n(whether of a permanent or temporary nature);\n(c) a pontoon; and\n(d) a vehicle (other than a food transport vehicle that is engaged\nin the transport of food).\nprimary food production has the meaning in section 9.\nprohibition order means a prohibition order issued under\nsection 104.\nproprietor, in relation to a food business, means:\n(a) the person carrying on the food business; or\n(b) if that person cannot be identified – the person in charge of or\napparently in charge of the food business.\nrecall order means an emergency order that requires a person or a\nclass of persons to recall or dispose of food.\nregistered food business means a food business in respect of\nwhich registration has been granted under section 72 or renewed\nunder section 75.\nregistration, in relation to a food business, means registration\ngranted under section 72 or renewed under section 75.\nsell includes:\n(a) barter, offer or attempt to sell;\n(b) receive for sale;\n(c) have in possession for sale;\n(d) display for sale;\n(e) cause or permit to be sold or offered for sale;\n(f) send, forward or deliver for sale;\n(g) dispose of by any method for valuable consideration;\n(h) dispose of to an agent for sale on consignment;\n\nFood Act 2004 6\n(i) provide under a contract of service;\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\nemployment of the employee or a term of the employee's\ncontract of service, for consumption by the employee at the\nemployee's place of work;\n(k) dispose of by way of raffle, lottery or other game of chance;\n(l) offer as a prize or reward;\n(m) give away for the purpose of advertisement or in furtherance\nof trade or business;\n(n) supply food under a contract (whether or not the contract is\nmade with the consumer of the food), together with\naccommodation, service or entertainment, in consideration of\nan inclusive charge for the food supplied and the\naccommodation, service or entertainment;\n(o) supply food (whether or not for consideration) in the course of\nproviding services to patients or inmates in public institutions;\nand\n(p) sell for the purpose of resale.\nunsafe has the meaning in section 10.\nunsuitable has the meaning in section 11.\nvehicle means any means of transport, whether self-propelled or\nnot, and whether used on land or sea or in the air.\nNote for section 6\nThe Interpretation Act 1978 contains definitions and other provisions that may be\nrelevant to this Act.\n","sortOrder":4},{"sectionNumber":"7","sectionType":"section","heading":"Meaning of food","content":"7 Meaning of food\n(1) In this Act:\nfood 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);\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\nreferred to in paragraph (a);\n\nFood Act 2004 7\n(c) any substance used in preparing a substance or thing referred\nto in paragraph (a) (other than a substance used in preparing\na living thing) if it comes into direct contact with the substance\nor thing referred to in that paragraph, such as a processing\naid;\n(d) chewing gum or an ingredient or additive in chewing gum, or\nany substance used in preparing chewing gum; and\n(e) any substance or thing declared to be a food under a\ndeclaration in force under section 3B of the Food Standards\nAustralia New Zealand Act 1991 of the Commonwealth;\nwhether or not the substance, thing or chewing gum is in a\ncondition fit for human consumption.\n(2) However, food does not include a therapeutic good within the\nmeaning of the Therapeutic Goods Act 1989 of the Commonwealth.\n(3) To avoid doubt, food may include live animals or plants.\n","sortOrder":5},{"sectionNumber":"8","sectionType":"section","heading":"Meaning of food business","content":"8 Meaning of food business\nIn this Act:\nfood business means a business, enterprise or activity (other than\na business, enterprise or activity that is primary food production)\nthat involves:\n(a) handling food intended for sale; or\n(b) selling food,\nregardless of whether the business, enterprise or activity concerned\nis of a commercial, charitable or community nature or whether it\ninvolves handling or selling food on one occasion only.\n","sortOrder":6},{"sectionNumber":"9","sectionType":"section","heading":"Meaning of primary food production","content":"9 Meaning of primary food production\n(1) In this Act:\nprimary food production means growing, raising, cultivating,\npicking, harvesting, collecting or catching food, and includes the\nfollowing activities:\n(a) transporting or delivering food on, from or between the\npremises on which it was grown, raised, cultivated, picked,\nharvested, collected or caught;\n\nFood Act 2004 8\n(b) packing, treating (for example washing) or storing food on the\npremises on which it was grown, raised, cultivated, picked,\nharvested, collected or caught;\n(c) storing food in a silo that is not connected with a food\nprocessing operation and transporting or delivering food from,\nbetween or to such silos;\n(d) selling livestock at saleyards and transporting livestock to and\nfrom saleyards;\n(e) any other food production activity that is regulated by or under\na prescribed Act.\n(2) However, primary food production does not include:\n(a) a process involving the substantial transformation of food (for\nexample manufacturing or canning), regardless of whether the\nprocess is carried out on the premises on which the food was\ngrown, cultivated, picked, harvested, collected or caught;\n(b) selling or servicing food directly to the public; or\n(c) any other prescribed food production activity.\nNote: Section 9(2)(c) enables regulations to be made prescribing food\nproduction activities that are not included in the definition of primary food\nproduction. A regulation might be made, for example, to prescribe a food\nproduction activity in relation to which significant and unmanaged food safety\nhazards have been identified.\n","sortOrder":7},{"sectionNumber":"10","sectionType":"section","heading":"Meaning of unsafe in relation to food","content":"10 Meaning of unsafe in relation to food\n(1) For the purposes of this Act, food is unsafe at a particular time if it\nwould be likely to cause physical harm to a person who might later\nconsume it, assuming:\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;\n(b) nothing happened to it after that particular time and before\nbeing consumed by the person that would prevent it being\nused for its reasonable intended use; and\n(c) it was consumed by a person according to its reasonable\nintended use.\n\nFood Act 2004 9\n(2) However, food is not unsafe for the purposes of this Act merely\nbecause its inherent nutritional or chemical properties cause, or its\ninherent nature causes, adverse reactions only in persons with\nallergies or sensitivities that are not common to the majority of\npersons.\n(3) In subsection (1):\nprocesses includes processes involving storage and preparation.\n","sortOrder":8},{"sectionNumber":"11","sectionType":"section","heading":"Meaning of unsuitable in relation to food","content":"11 Meaning of unsuitable in relation to food\n(1) For the purposes of this Act, food is unsuitable if it is food that:\n(a) is damaged, deteriorated or perished to an extent that it\naffects its reasonable intended use;\n(b) contains any damaged, deteriorated or perished substance\nthat affects its reasonable use;\n(c) is the product of a diseased animal, or an animal that has died\notherwise than by slaughter, and has not been declared by or\nunder another Act to be safe for human consumption; or\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 the purposes of this Act merely\nbecause:\n(a) at any particular time before it is sold for human consumption\nit contains an agricultural or veterinary chemical;\n(b) when it is sold for human consumption it contains an\nagricultural or veterinary chemical, so long as it does not\ncontain the chemical in an amount that contravenes the Food\nStandards Code;\n(c) it contains a metal or non-metal contaminant (within the\nmeaning of the Food Standards Code) in an amount that does\nnot contravene the permitted level for the contaminant as\nspecified in the Food Standards Code; or\n(d) it contains any matter or substance that is permitted by the\nFood Standards Code.\n\nFood Act 2004 10\n(3) In this section:\nslaughter, in relation to an animal, includes killing an animal in the\nprocess of capturing, taking or harvesting it for the purposes of\npreparing it for use as food.\n","sortOrder":9},{"sectionNumber":"12","sectionType":"section","heading":"Handling food in unsafe manner","content":"12 Handling food in unsafe manner\nA person must not handle food intended for sale in a manner that\nthe person knows will render, or is likely to render, the food unsafe.\n","sortOrder":10},{"sectionNumber":"13","sectionType":"section","heading":"Sale of unsafe food","content":"13 Sale of unsafe food\nA person must not sell food that the person knows is unsafe.\n","sortOrder":11},{"sectionNumber":"14","sectionType":"section","heading":"False description of food","content":"14 False description of food\n(1) A person must not cause food intended for sale to be falsely\ndescribed if the person knows that a consumer of the food who\nrelies on the description will, or is likely to, suffer physical harm.\n\nFood Act 2004 11\n(2) A person must not sell food that the person knows is falsely\ndescribed and will, or is likely to, cause physical harm to a\nconsumer of the food who relies on the description.\n","sortOrder":12},{"sectionNumber":"15","sectionType":"section","heading":"Handling and sale of unsafe food","content":"15 Handling and sale of unsafe food\n(1) A person must not handle food intended for sale in a manner that\nwill render, or is likely to render, the food unsafe.\n(2) A person must not sell food that is unsafe.\n(3) An offence against subsection (1) or (2) is a regulatory offence.\n","sortOrder":13},{"sectionNumber":"16","sectionType":"section","heading":"Handling and sale of unsuitable food","content":"16 Handling and sale of unsuitable food\n(1) A person must not handle food intended for sale in a manner that\nwill render, or is likely to render, the food unsuitable.\n\nFood Act 2004 12\n(2) A person must not sell food that is unsuitable.\n(3) An offence against subsection (1) or (2) is a regulatory offence.\n(4) For the purposes of this section, it is immaterial whether the food\nconcerned is safe.\n","sortOrder":14},{"sectionNumber":"17","sectionType":"section","heading":"Misleading conduct relating to sale of food","content":"17 Misleading conduct relating to sale of food\n(1) A person must not, in the course of carrying on a food business,\nengage in conduct that is misleading or deceptive or is likely to\nmislead or deceive in relation to the advertising, packaging or\nlabelling of food intended for sale or the sale of food.\n(2) A person must not, for effecting or promoting the sale of any food in\nthe course of carrying on a food business, cause the food to be\nadvertised, packaged or labelled in a way that falsely describes the\nfood.\n(3) A person must not, in the course of carrying on a food business,\nsell food that is packaged or labelled in a way that falsely describes\nthe food.\n\nFood Act 2004 13\n(4) Subsections (2) and (3) do not limit the generality of subsection (1).\n","sortOrder":15},{"sectionNumber":"18","sectionType":"section","heading":"Sale of food not complying with purchaser's demand","content":"18 Sale of food not complying with purchaser's demand\n(1) A person must not, in the course of carrying on a food business,\nsupply food by way of sale if the food is not of the nature or\nsubstance demanded by the purchaser.\n(2) For the purposes of this section, it is immaterial whether the food\nconcerned is safe.\n","sortOrder":16},{"sectionNumber":"19","sectionType":"section","heading":"Sale of unfit equipment or packaging or labelling material","content":"19 Sale of unfit equipment or packaging or labelling material\n(1) A person must not sell equipment that, if used for the purposes for\nwhich it was designed or intended to be used:\n(a) would render, or be likely to render, food unsafe; or\n(b) would put other equipment, or would be likely to put other\nequipment, in such a condition that, if the other equipment\nwere used for the purposes for which it was designed or\nintended to be used, it would render, or be likely to render,\nfood unsafe.\n(2) A person must not sell equipment that, if used for the purposes for\nwhich it was designed or intended to be used:\n(a) would render, or be likely to render, food unsuitable; or\n\nFood Act 2004 14\n(b) would put other equipment, or would be likely to put other\nequipment, in such a condition that, if the other equipment\nwere used for the purposes for which it was designed or\nintended to be used, it would render, or be likely to render,\nfood unsuitable.\n(3) A person must not sell packaging or labelling material which, if used\nfor the purposes for which it was designed or intended to be used:\n(a) would render, or be likely to render, food unsafe; or\n(b) would render, or would be likely to render, food unsuitable.\n","sortOrder":17},{"sectionNumber":"20","sectionType":"section","heading":"Compliance with Food Standards Code","content":"20 Compliance with Food Standards Code\n(1) A person must comply with any requirement imposed on the person\nby the Food Standards Code in relation to carrying on a food\nbusiness or to food intended for sale or food for sale.\n(2) A person must not sell any food that does not comply with a\nrequirement of the Food Standards Code that relates to the food.\n\nFood Act 2004 15\n(3) A person must not sell or advertise any food that is packaged or\nlabelled in a manner that contravenes a provision of the Food\nStandards Code.\n(4) A person must not sell or advertise for sale any food in a manner\nthat contravenes a provision of the Food Standards Code.\n","sortOrder":18},{"sectionNumber":"21","sectionType":"section","heading":"False descriptions of food","content":"21 False descriptions of food\n(1) For the purposes of this Part, food that is falsely described includes\nfood to which one or 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\nFood Standards 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 wholly or\npartly removed so that its properties are diminished as\ncompared with food of the represented nature or substance;\n(e) any word, statement, device or design used in the packaging\nor labelling of the food, or in advertising the food, that would\ncreate a false impression as to the nature or substance of the\nfood, or the commercial value of the food, in the mind of a\nreasonable person;\n\nFood Act 2004 16\n(f) the food is not of the nature or substance represented by the\nmanner in which it is packaged, labelled or offered for sale.\n(2) Without limiting the application of subsection (1) to section 14(2),\nfood is falsely described for that subsection if it is supplied in\nresponse to a purchaser's request for a particular type of food, or a\nfood that does not contain a particular ingredient, and the food is\nnot of that type or contains that ingredient.\n","sortOrder":19},{"sectionNumber":"22","sectionType":"section","heading":"Defence relating to publication of advertisements","content":"22 Defence relating to publication of advertisements\n(1) In any proceedings for an offence under this Part in relation to the\npublication of an advertisement, it is a defence for a person to\nprove that the person carried on the business of publishing or\narranging for the publication of advertisements and that the person\npublished or arranged for the publication of the advertisement in\nquestion in the ordinary course of that business.\n(2) Subsection (1) does not apply if the person:\n(a) should reasonably have known that the publication of the\nadvertisement was an offence;\n(b) had previously been informed in writing by the Chief Health\nOfficer that publication of such an advertisement would\nconstitute 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 advertisements\nconcerned were published.\n","sortOrder":20},{"sectionNumber":"23","sectionType":"section","heading":"Defence in respect of food for export","content":"23 Defence in respect of food for export\n(1) In any proceedings for an offence under this Part involving a\ncontravention of or failure to comply with a provision of the Food\nStandards Code in relation to food, it is a defence for a person to\nprove that:\n(a) the food in question is to be exported to another country; and\n(b) the food complies with the laws in force at the time of the\nalleged offence in the place to which the food is to be\nexported, being laws that deal with the same subject-matter as\nthe provision of the Food Standards Code concerned.\n(2) This section does not apply to food that was originally intended for\nexport but was sold in the Territory.\n\nFood Act 2004 17\n","sortOrder":21},{"sectionNumber":"24","sectionType":"section","heading":"Defence of due diligence","content":"24 Defence of due diligence\n(1) In any proceedings for an offence under this Part, it is a defence if it\nis proved that the person took all reasonable precautions and\nexercised all due diligence to prevent the commission of the offence\nby the person or by another person under the person's control.\n(2) Without limiting the ways in which a person may satisfy the\nrequirements of subsection (1), a person satisfies those\nrequirements if it is proved:\n(a) that the commission of the offence was due to:\n(i) an act or default of another person; or\n(ii) reliance on information supplied by another person;\n(b) that:\n(i) the person carried out all of the checks of the food\nconcerned as were reasonable in all the circumstances;\nor\n(ii) it was reasonable in all the circumstances to rely on\nchecks carried out by the person who supplied the food\nconcerned to the person;\n(c) that the person did not import the food into the Territory from\nanother country; and\n(d) if the offence involves the sale of food, that:\n(i) the person sold the food in the same condition as when\nthe person purchased it; or\n(ii) the person sold the food in a different condition to that in\nwhich the person purchased it, but that the difference did\nnot result in any contravention of this Act or the\nRegulations.\n(3) For the purposes of subsection (2)(a), another person does not\ninclude:\n(a) an employee or agent of the defendant; or\n(b) if the defendant is a body corporate – a director, employee or\nagent of the defendant.\n\nFood Act 2004 18\n(4) Without limiting the ways in which a person may satisfy the\nrequirements of subsection (1) or (2)(b)(i), a person may satisfy\nthose requirements by proving that:\n(a) if the offence relates to a food business for which a food safety\nprogram is to be prepared and implemented in accordance\nwith the Regulations – a food safety program that complies\nwith the Regulations has been prepared and implemented for\nthe food business and the person complied with the food\nsafety program; or\n(b) in any other case – the person complied with a scheme (for\nexample, a quality assurance program or an industry code of\npractice) 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 manner.\n","sortOrder":22},{"sectionNumber":"25","sectionType":"section","heading":"Defence of mistaken and reasonable belief not available","content":"25 Defence of mistaken and reasonable belief not available\nIn any proceedings for an offence under Division 2, it is no defence\nthat the defendant had a mistaken but reasonable belief as to the\nfacts that constituted the offence.\n","sortOrder":23},{"sectionNumber":"26","sectionType":"section","heading":"Defence in respect of handling food","content":"26 Defence in respect of handling food\nIn any proceedings for an offence against section 12, 15(1)\nor 16(1), it is a defence if it is proved that the person caused the\nfood to which the offence relates to be destroyed or otherwise\ndisposed of immediately after the food was handled in the manner\nthat was likely to render it unsafe or unsuitable.\n","sortOrder":24},{"sectionNumber":"27","sectionType":"section","heading":"Defence in respect of sale of unfit equipment or packaging or","content":"27 Defence in respect of sale of unfit equipment or packaging or\nlabelling material\nIn any proceedings for an offence under section 19(1) or (2), it is a\ndefence if the person proves that the person reasonably believed\nthat the equipment or material concerned was not intended for use\nin connection with the handling of food.\n\nFood Act 2004 19\n","sortOrder":25},{"sectionNumber":"Div 4","sectionType":"division","heading":"General","content":"Division 4 General\n","sortOrder":26},{"sectionNumber":"28","sectionType":"section","heading":"Application of provisions outside Territory","content":"28 Application of provisions outside Territory\nFor prosecuting an offence against this Part, it does not matter that\nthe food concerned was sold or intended for sale outside the\nTerritory.\nNote: Section 23 provides a defence in relation to food intended for export.\n","sortOrder":27},{"sectionNumber":"29","sectionType":"section","heading":"Alternative verdicts for serious food offences","content":"29 Alternative verdicts for serious food offences\n(1) On the trial of a person charged with an offence against section 12,\nthe person may be found alternatively guilty of an offence against\nsection 15(1), and the person is liable to punishment accordingly.\n(2) On the trial of a person charged with an offence against section 13,\nthe person may be found alternatively guilty of an offence against\nsection 15(2), and the person is liable to punishment accordingly.\n","sortOrder":28},{"sectionNumber":"30","sectionType":"section","heading":"Powers and functions of Chief Health Officer","content":"30 Powers and functions of Chief Health Officer\n(1) The Chief Health Officer has the powers and functions conferred or\nimposed on him or her by or under this Act.\n(2) In particular, the Chief Health Officer has the following functions in\nrelation to the administration of this Act:\n(a) to take measures to ensure that this Act and the Regulations\nare complied with;\n(b) to provide advice or recommendations to the Minister\nconcerning possible changes to this Act or the Regulations –\n(i) that the Chief Health Officer considers appropriate or\nnecessary; or\n(ii) that are proposed for consideration by Food Standards\nAustralia New Zealand.\n\nFood Act 2004 20\n","sortOrder":29},{"sectionNumber":"31","sectionType":"section","heading":"Delegation","content":"31 Delegation\n(1) Subject to this section, the Chief Health Officer may, in writing,\ndelegate all or any of the Chief Health Officer's powers and\nfunctions under this Act to:\n(a) a named person;\n(b) a person by reference to the office, position or designation\nheld or occupied by the person;\n(c) a person from time to time holding, acting in or performing the\nduties of a prescribed office, designation or position;\n(d) a body corporate;\n(e) a body politic; or\n(f) a class of persons or bodies.\n(2) The Chief Health Officer must not delegate the following powers\nand functions:\n(a) the power of delegation under subsection (1);\n(b) a power or function under section 32;\n(c) a power or function under section 35;\n(d) a power or function under Part 5;\n(e) a power or function under Part 8, Division 3.\n(3) A power or function must not be delegated under this section to an\nenforcement agency or an officer of the enforcement agency unless\nthe enforcement agency consents in writing to the delegation.\n","sortOrder":30},{"sectionNumber":"32","sectionType":"section","heading":"Exemption from application of Act","content":"32 Exemption from application of Act\n(1) Subject to subsection (2), the Chief Health Officer may exempt:\n(a) by written notice given to a person – the person or the\nbusiness the person is carrying on; or\n(b) by notice in the Gazette – a class of persons or businesses,\nfrom the application of this Act, the Regulations or a specified\nprovision of this Act or the Regulations.\n(2) The Chief Health Officer must not exempt a person or class of\npersons from the application of the provisions of Part 3 or 5.\n\nFood Act 2004 21\n(3) An exemption may be subject to the conditions (including the\npayment of a fee) the Chief Health Officer considers appropriate\nand specifies in the notice.\n(4) A person must comply with the conditions of an exemption.\nMaximum penalty for an offence against subsection (4): If the\noffender is a natural person – 500 penalty\n","sortOrder":31},{"sectionNumber":"33","sectionType":"section","heading":"Appointment of enforcement agencies","content":"33 Appointment of enforcement agencies\n(1) The Chief Health Officer may, by notice in the Gazette, appoint a\nperson or body to be an enforcement agency for the purposes of\nthis Act.\n(2) The appointment of an enforcement agency may be subject to the\nconditions (if any) that the Chief Health Officer considers\nappropriate and specifies in the instrument of appointment.\n(3) The instrument of appointment is to describe the role the\nenforcement agency is expected to have in the administration of\nthis Act.\n","sortOrder":32},{"sectionNumber":"34","sectionType":"section","heading":"Powers and functions of enforcement agencies","content":"34 Powers and functions of enforcement agencies\n(1) An enforcement agency has the powers and functions in relation to\nthe administration of this Act that are conferred or imposed on it by\nor under this Act or are delegated to it under this Act.\n(2) An enforcement agency may exercise its powers and perform its\nfunctions under this Act by an authorised officer appointed by the\nenforcement agency or, in the case of an enforcement agency other\nthan the Chief Health Officer, any other person employed or\nengaged by the enforcement agency.\n(3) An enforcement agency other than the Chief Health Officer must\nnot delegate a power or function conferred or imposed on it by this\nAct.\n\nFood Act 2004 22\n","sortOrder":33},{"sectionNumber":"35","sectionType":"section","heading":"Conditions on exercise of powers etc. by enforcement","content":"35 Conditions on exercise of powers etc. by enforcement\nagencies\n(1) The Chief Health Officer may, in writing, impose conditions or\nlimitations on the exercise of a power or the performance of a\nfunction by the enforcement agency under this Act.\n(2) Before imposing a condition or limitation under subsection (1), the\nChief Health Officer must confer with the enforcement agency\nregarding the imposition of the condition or limitation.\n","sortOrder":34},{"sectionNumber":"36","sectionType":"section","heading":"Reports by enforcement agencies","content":"36 Reports by enforcement agencies\n(1) The chief executive of an enforcement agency must report to the\nChief Health Officer on the exercise of the enforcement agency's\npowers and performance of the enforcement agency's functions\nunder this Act as required by the Chief Health Officer.\n(2) The chief executive of an enforcement agency must report to the\nChief Health Officer on any proceedings for an offence against this\nAct or the Regulations commenced by an authorised officer of the\nenforcement agency.\n(3) A report under subsection (2) must be given to the Chief Health\nOfficer within 30 days after the proceedings are finally determined.\n","sortOrder":35},{"sectionNumber":"37","sectionType":"section","heading":"Appointment of authorised officers","content":"37 Appointment of authorised officers\n(1) The Chief Health Officer is an authorised officer.\n(2) The chief executive of an enforcement agency is an authorised\nofficer.\n(3) A member of the Police Force is an authorised officer while\nexercising the powers and performing the functions imposed on an\nauthorised officer under this Act.\n(4) The Chief Health Officer may, in writing, appoint a person to be an\nauthorised officer.\n(5) Any other enforcement agency that is a body corporate may, in\nwriting, appoint the number of authorised officers it considers\nnecessary for the proper exercise of its powers and performance of\nits functions for the purposes of this Act.\n(6) A person is not to be appointed an authorised officer unless the\nperson holds qualifications or experience approved in writing by the\nChief Health Officer.\n\nFood Act 2004 23\n(7) The Chief Health Officer must prepare and maintain a list of the\nauthorised officers he or she appoints.\n(8) Each other enforcement agency must prepare and maintain a list of\nauthorised officers appointed by the enforcement agency.\n","sortOrder":36},{"sectionNumber":"38","sectionType":"section","heading":"Functions of authorised officers","content":"38 Functions of authorised officers\n(1) An authorised officer, other than the Chief Health Officer, performs\nfunctions for the purposes of this Act as directed by the\nenforcement agency who appointed him or her.\n(2) In performing his or her functions under this Act, an authorised\nofficer acts for and on behalf of the enforcement agency who\nappointed him or her.\n","sortOrder":37},{"sectionNumber":"39","sectionType":"section","heading":"Identity cards of authorised officers","content":"39 Identity cards of authorised officers\n(1) The Chief Health Officer must issue an identity card to each\nauthorised officer he or she appoints.\n(2) Each other enforcement agency must issue an identity card to each\nauthorised officer appointed by it.\n(3) The Chief Health Officer and the chief executive of an enforcement\nagency must carry an identity card when exercising the powers and\nperforming the functions of an authorised officer.\n(4) An identity card must be in an approved form.\n(5) On an authorised officer being requested to display his or her\nidentity card by:\n(a) the proprietor of a food business;\n(b) a person in charge of or apparently in charge of premises\nwhere a food business is being conducted and where the\nauthorised officer is performing or about to perform his or her\nfunctions; or\n(c) a person who the authorised officer requires to answer a\nquestion, produce a document or other thing or give\nassistance to the authorised officer,\nthe authorised officer must display his or her identity card to the\n\nFood Act 2004 24\n(6) A person who was appointed as an authorised officer by the Chief\nHealth Officer or another enforcement agency must as soon as\nreasonably possible after ceasing to be an authorised officer return\nhis or her identity card to the Chief Health Officer or other\nenforcement agency.\n","sortOrder":38},{"sectionNumber":"40","sectionType":"section","heading":"Application of Part","content":"40 Application of Part\nIn the event of an inconsistency between a provision of or under\nthis Part and a provision of or under the Emergency Management\nAct 2013, the provision of or under the Emergency Management\nAct 2013 prevails.\n","sortOrder":39},{"sectionNumber":"41","sectionType":"section","heading":"When emergency order may be made","content":"41 When emergency order may be made\nThe Chief Health Officer may make an emergency order under this\nPart if the Chief Health Officer has reasonable grounds to believe\nthat making the emergency order is necessary to prevent or reduce\nthe possibility of a serious danger to public health or to mitigate the\nadverse consequences of a serious danger to public health.\n","sortOrder":40},{"sectionNumber":"42","sectionType":"section","heading":"Nature of order","content":"42 Nature of order\n(1) An emergency order may do one or more of the following:\n(a) require the publication of warnings, in an approved form, that\na particular food or type of food is unsafe;\n(b) prohibit cultivating, taking, harvesting or obtaining, from a\nspecified area, a particular food or type of food or other\nprimary produce intended to be used for human consumption;\n(c) prohibit a particular food or type of food from being advertised\nor sold;\n(d) direct that a particular food or type of food consigned or\ndistributed for sale or sold be recalled and specify the manner\nin which, and the period within which, the recall must be\nconducted;\n(e) direct that a particular food or type of food or other primary\nproduce intended to be used for human consumption be\nimpounded, isolated, destroyed or otherwise disposed of and\nspecify the manner in which the impounding, isolation,\ndestruction or disposal must be conducted;\n\nFood Act 2004 25\n(f) prohibit absolutely the carrying on of an activity in relation to a\nparticular food or type of food, or permit the carrying on of the\nactivity in accordance with conditions specified in the order;\n(g) despite paragraph (f), impose conditions relating to the taking\nand analysis of samples of food or of water or soil or any other\nthing that is part of the environment in which an activity\nreferred to in that paragraph is carried on in relation to the\n(h) specify methods of analysis (not inconsistent with any\nmethods prescribed by the Food Standards Code) of any\nsamples required to be taken in accordance with the order.\n(2) An emergency order may be varied or revoked by the Chief Health\nOfficer in the same manner as it was made.\n","sortOrder":41},{"sectionNumber":"43","sectionType":"section","heading":"Special provisions relating to recall orders","content":"43 Special provisions relating to recall orders\n(1) A recall order may require a person, or a class of persons, to whom\nthe order applies to disclose to the public or to a class of persons\nspecified in the order, in a specified manner, one or more of the\n(a) the particular food or type of food to be recalled or disposed\nof;\n(b) the reasons why the food is considered to be unsafe;\n(c) the circumstances in which the consumption of the food is\nunsafe;\n(d) procedures for disposing of the food.\n(2) A person who is required by a recall order to recall food must, as\nsoon as practicable after a recall is completed, give written notice to\nthe Chief Health Officer that the recall is completed.\n(3) A person to whom a recall order applies is liable for the cost\nincurred by or on behalf of the Chief Health Officer in connection\nwith the recall order and the Chief Health Officer may recover the\ncost as a debt from that person.\n(4) In any proceedings for the recovery of the debt, a certificate signed\nby the Chief Health Officer setting the amount of any costs and the\nmanner in which they were incurred is evidence of the matters\ncertified.\n\nFood Act 2004 26\n","sortOrder":42},{"sectionNumber":"44","sectionType":"section","heading":"Manner of making orders","content":"44 Manner of making orders\n(1) An emergency order:\n(a) may be made in writing addressed to the persons intended to\nbe bound by it and served on each of those persons; or\n(b) may be addressed to one or more persons, to a class of\npersons or to all persons.\n(2) Notice of an emergency order addressed as referred to in\nsubsection (1)(b) setting out the terms of the order and the persons\nto be bound by the order must, as soon as practicable after the\norder is made, be published in a newspaper that, in the opinion of\nthe Chief Health Officer, is most likely to bring the order to the\nattention of the persons bound by it.\n(3) On an emergency order taking effect, the emergency order is\nbinding on the persons to whom it is addressed.\n(4) An emergency order that is served on a person takes effect when it\nis served.\n(5) An emergency order expires 90 days after the day on which it takes\neffect, unless it is sooner revoked.\n(6) Subsection (5) does not prevent a further emergency order being\nmade in the same terms as an emergency order that has expired or\nis about to expire.\n","sortOrder":43},{"sectionNumber":"45","sectionType":"section","heading":"Compensation","content":"45 Compensation\n(1) A person to whom an emergency order applies who suffers loss as\na result of the emergency order may apply to the Chief Health\nOfficer for compensation if the person considers that there were\ninsufficient grounds for making the emergency order.\n(2) If there were insufficient grounds for making the emergency order,\nthe Chief Health Officer must pay the compensation to the applicant\nthat is just and reasonable.\n(3) If the Chief Health Officer determines the amount of compensation\nhe or she must pay to an applicant, he or she must give written\nnotice of the determination to the applicant.\n(4) If the Chief Health Officer does not, within 28 days after receiving\nthe application, determine the amount of compensation payable,\nthe Chief Health Officer is taken to have refused to pay\ncompensation to the applicant.\n\nFood Act 2004 27\n(5) An applicant who is dissatisfied with the Chief Health Officer's\ndetermination of the amount of compensation payable or the Chief\nHealth Officer's refusal to pay compensation, may apply to the\nLocal Court to review the merits of the determination or refusal.\n(6) The application for review must be made:\n(a) if the review is of the determination of the amount of\ncompensation payable – within 28 days after the day on which\nthe applicant received notice of the Chief Health Officer's\ndetermination; or\n(b) if the review is of the refusal to pay compensation – within\n28 days after the expiry of the 28-day period referred to in\nsubsection (4).\n(7) In determining the review, the Local Court must, by notice in writing\n(8) The Local Court must specify the reasons for its determination in\n","sortOrder":44},{"sectionNumber":"46","sectionType":"section","heading":"Failure to comply with emergency orders","content":"46 Failure to comply with emergency orders\nA person must not, without reasonable excuse:\n(a) carry on an activity in contravention of a prohibition imposed\non the person by an emergency order; or\n(b) fail, neglect or refuse to comply with an emergency order.\n","sortOrder":45},{"sectionNumber":"47","sectionType":"section","heading":"Limitation on stay of operation of emergency powers","content":"47 Limitation on stay of operation of emergency powers\nIn any proceedings for judicial review or in any other proceedings, a\ncourt or tribunal is not authorised to make an interlocutory order\nthat has the effect of staying the operation of an emergency order.\n\nFood Act 2004 28\n","sortOrder":46},{"sectionNumber":"48","sectionType":"section","heading":"Power of entry and inspection of authorised officers","content":"48 Power of entry and inspection of authorised officers\n(1) For the purposes of this Act, an authorised officer may, at any\nreasonable time, do one or more of the following:\n(a) alone, or with the members of the Police Force or other\npersons as the authorised officer considers necessary, enter\nand inspect any premises that the authorised officer\nreasonably believes are used in connection with the handling\nof food intended for sale, the sale of food or a food transport\nvehicle;\n(b) alone, or with the members of the Police Force or other\npersons as the authorised officer considers necessary, enter\nand inspect any premises or food transport vehicle, in which\nthe authorised officer reasonably believes that there are\nrecords or documents that relate to the handling of food\nintended for sale or the sale of food;\n(c) examine any food intended for sale;\n(d) open and examine any container, receptacle or package that\nthe authorised officer reasonably believes contains food\nintended for sale or any equipment;\n(e) open and examine any equipment;\n(f) subject to Part 8, Division 1 – demand, select and obtain\nsamples of any food sold or intended for sale for analysis, or\nfor carrying out any other examination, to determine whether\nthis Act is or the Regulations are being complied with;\n(g) take samples of water or soil or any other thing that is part of\nthe environment in which any food is handled for analysis to\ndetermine whether that environment poses a risk to the safety\nof the food for human consumption;\n(h) take samples of any substance or thing, other than for\nanalysis, that the authorised officer reasonably believes may\nbe used as evidence that an offence has been, or is being,\ncommitted under this Act or the Regulations;\n(i) examine a record or document, make copies of the record or\ndocument or a part of the record or document and, for that\npurpose, remove and retain (for the period as may be\n\nFood Act 2004 29\nreasonably necessary) the record or document or the part of\nthe record or document;\n(j) stop and detain any vehicle that the authorised officer is\nauthorised by this subsection to enter;\n(k) open, or require to be opened, a container used for the\nconveyance of goods, or a package, that the authorised officer\nreasonably believes to contain food sold or intended for sale,\nor equipment;\n(l) take photographs, films or audio or visual recordings as the\nauthorised officer considers necessary;\n(m) take measurements and make sketches or drawings or any\nother type of record;\n(n) require a person to provide information or answer questions in\nconnection with the authorised officer's functions under this\nAct or to produce a record, document or thing that an\nauthorised officer is authorised to examine under this Act;\n(o) require a person to state the person's name and residential\naddress;\n(p) generally make such investigations and inquiries as may be\nnecessary to ascertain whether an offence under this Act or\nthe Regulations has been or is being committed.\n(2) This section does not authorise entry into premises or a part of\npremises that is being used solely for residential purposes unless:\n(a) the occupier of the premises consents to the entry;\n(b) entry is made under the authority of a search warrant; or\n(c) the premises or part of the premises is being used for the\npreparation or service of meals provided with paid\naccommodation.\n","sortOrder":47},{"sectionNumber":"49","sectionType":"section","heading":"Self-incrimination not an excuse","content":"49 Self-incrimination not an excuse\n(1) A person is not excused from a requirement under section 48 to\nprovide information or answer questions, or to produce a record,\ndocument or thing, on the ground that the information, answer,\nrecord, document or thing might incriminate the person or make the\nperson liable to a penalty.\n(2) However, any information or answer given or record, document or\nthing produced by a natural person in compliance with a\n\nFood Act 2004 30\nrequirement referred to in subsection (1) is not admissible in\nevidence against the person in criminal proceedings other than\nproceedings for an offence against section 52, 53, 54 or 55.\n","sortOrder":48},{"sectionNumber":"50","sectionType":"section","heading":"Power of seizure","content":"50 Power of seizure\nAn authorised officer may seize any food, equipment, vehicle,\npackage, labelling or advertising material, or any other substance or\nthing, that the authorised officer believes on reasonable grounds is\nevidence that an offence under this Act or the Regulations has\nbeen or is being committed.\n","sortOrder":49},{"sectionNumber":"51","sectionType":"section","heading":"Search warrants","content":"51 Search warrants\n(1) An authorised officer may apply to a Local Court Judge for a search\nwarrant if the authorised officer has reasonable grounds for\nbelieving that an offence against this Act or the Regulations has\nbeen or is being committed on premises.\n(2) A Local Court Judge to whom an application is made under\nsubsection (1) may, if satisfied that there are reasonable grounds\nfor doing so, issue a search warrant authorising the authorised\nofficer named in the warrant, when accompanied by a member of\nthe Police Force and the other persons (if any) named in the\nwarrant to:\n(a) enter the premises concerned; and\n(b) search the premises for evidence of the commission of an\noffence against this Act or the Regulations.\n","sortOrder":50},{"sectionNumber":"52","sectionType":"section","heading":"Failure to comply with requirements of authorised officer","content":"52 Failure to comply with requirements of authorised officer\n(1) A person must not, without reasonable excuse, fail to comply with a\nrequirement of an authorised officer under this Division.\n(2) Subsection (1) does not apply unless, when the authorised officer\nmakes the requirement, the authorised officer informs the person\nthat a refusal or failure to comply with the requirement may\nconstitute an offence.\n\nFood Act 2004 31\n","sortOrder":51},{"sectionNumber":"53","sectionType":"section","heading":"Interfering with seized substances or things","content":"53 Interfering with seized substances or things\nA person must not, without the permission of an authorised officer,\ndetain, remove or tamper with any food, equipment, vehicle,\npackage, labelling, advertising material or other substance or thing\nthat has been seized under this Act, unless:\n(a) the food, equipment, vehicle, package, labelling, advertising\nmaterial or substance or thing has been returned in\naccordance with Division 2; or\n(b) an order disallowing the seizure of the food, equipment,\nvehicle, package, labelling, advertising material or substance\nor thing has been made under Division 2.\n","sortOrder":52},{"sectionNumber":"54","sectionType":"section","heading":"False information","content":"54 False information\nA person of whom a requirement is made or to whom a direction is\ngiven under this Act must not, in connection with the requirement or\ndirection, provide any information or produce a document that the\nperson knows is false or misleading in a material particular.\n","sortOrder":53},{"sectionNumber":"55","sectionType":"section","heading":"Obstructing or impersonating authorised officers","content":"55 Obstructing or impersonating authorised officers\n(1) A person must not, without reasonable excuse, resist, obstruct or\nattempt to obstruct an authorised officer who is exercising his or her\npowers or performing his or her functions under this Act.\nMaximum penalty: 500 penalty units or imprisonment for\n(2) A person must not falsely represent, by words or conduct, that he or\nshe is an authorised officer.\nMaximum penalty: 500 penalty units or imprisonment for\n\nFood Act 2004 32\n(3) A person must not threaten, intimidate or assault an authorised\nofficer who is exercising his or her powers or performing his or her\nfunctions under this Act.\n","sortOrder":54},{"sectionNumber":"56","sectionType":"section","heading":"Interpretation","content":"56 Interpretation\nIn this Division, a reference to food or a substance or thing that has\nbeen seized is a reference to food or a substance or thing seized\nunder Division 1.\n","sortOrder":55},{"sectionNumber":"57","sectionType":"section","heading":"Seized substances or things","content":"57 Seized substances or things\n(1) A substance or thing may, at the option of an authorised officer, be\ndetained in the premises where it was found or be removed to\nanother place and be detained there.\n(2) If the substance or thing is detained in the premises where it was\nfound, the authorised officer:\n(a) may place it in a room, compartment or cabinet in those\npremises;\n(b) may mark, fasten and seal the door or opening providing\naccess to that room, compartment or cabinet; and\n(c) must ensure that it is marked in a manner that indicates that it\nhas been seized under this Act.\n","sortOrder":56},{"sectionNumber":"58","sectionType":"section","heading":"Notification of seizure","content":"58 Notification of seizure\nAn authorised officer who seizes a substance or thing must, as\nsoon as practicable after the seizure, give the person from whom\nthe substance or thing was seized written notification of the seizure\nthat includes the following:\n(a) a description of the substance or thing;\n(b) the reason for seizing the substance or thing;\n\nFood Act 2004 33\n(c) details of the person's right to make an application to the Local\nCourt under section 65 for an order disallowing the seizure of\nthe substance or thing;\n(d) if the substance or thing has been removed from the premises\nwhere it was seized – the address of the place where the\nsubstance or thing is held;\n(e) the name of the enforcement agency under whose authority\nthe authorised officer is acting.\n","sortOrder":57},{"sectionNumber":"59","sectionType":"section","heading":"Destruction of filthy, decomposed or putrid matter","content":"59 Destruction of filthy, decomposed or putrid matter\n(1) If an authorised officer who has seized food is satisfied that the\nfood consists wholly or partly of filthy, decomposed or putrid matter\nor that it poses an immediate risk to health or property, the\nauthorised officer may cause the food to be destroyed.\n(2) Subsection (1) applies despite any provision of this Part to the\ncontrary.\n","sortOrder":58},{"sectionNumber":"60","sectionType":"section","heading":"Return of substance or thing seized","content":"60 Return of substance or thing seized\nIf, before a substance or thing is forfeited to the Territory under\nsection 61, the enforcement agency under whose authority the\nauthorised officer who seized the substance or thing was acting at\nthe time of seizing it becomes satisfied that no offence relating to\nthe substance or thing has been committed against this Act or the\nRegulations, the enforcement agency must, as soon as practicable,\ndeliver the substance or thing to:\n(a) the person from whom it was seized; or\n(b) any other person who appears to the enforcement agency to\nbe entitled to it.\n","sortOrder":59},{"sectionNumber":"61","sectionType":"section","heading":"Forfeiture of substance or thing","content":"61 Forfeiture of substance or thing\n(1) Unless a substance or thing is dealt with under section 60 or an\napplication for an order disallowing its seizure has been made\nunder section 65, on the expiry of the period within which an\napplication in respect of it may be made under section 65, the\nsubstance or thing is forfeited to the Territory.\n(2) If an application for an order under section 65 is refused or\nwithdrawn before a decision on the application is made, the\nsubstance or thing is forfeited to the Territory on the date on which\nthe application is refused or withdrawn.\n\nFood Act 2004 34\n(3) Subject to subsection (4), an enforcement agency may destroy, sell\nor otherwise dispose of a substance or thing that is forfeited to the\nTerritory.\n(4) An enforcement agency must not destroy, sell or otherwise dispose\nof a substance or thing under subsection (3) unless the\nenforcement agency has received written approval to do so from\nthe Chief Health Officer.\n","sortOrder":60},{"sectionNumber":"62","sectionType":"section","heading":"Cost of destruction or disposal of forfeited substance or thing","content":"62 Cost of destruction or disposal of forfeited substance or thing\n(1) A person who was, immediately before a substance or thing is\nforfeited to the Territory, the owner of the substance or thing is\nliable for the costs incurred in connection with its lawful destruction\nor disposal (including any storage costs) by or on behalf of the\nenforcement agency who destroyed or disposed of it.\n(2) The enforcement agency may recover an amount of costs due and\nowing to it under subsection (1) as a debt in a court of competent\njurisdiction.\n(3) In any proceedings for the recovery of the debt, a certificate signed\nby the chief executive of the enforcement agency stating the\namount of the costs and the manner in which they were incurred is\nevidence of the matters certified.\n","sortOrder":61},{"sectionNumber":"63","sectionType":"section","heading":"Return of forfeited substance or thing","content":"63 Return of forfeited substance or thing\n(1) If:\n(a) an enforcement agency becomes satisfied that no offence\nrelating to a substance or thing that was seized and forfeited\nto the Territory under this Division has been committed\nagainst this Act or the Regulations; and\n(b) the substance or thing has not been destroyed or disposed of\nin a manner that would prevent its return,\nthe enforcement agency must, as soon as practicable, deliver the\nsubstance or thing to the person from whom it was seized or to any\nother person who appears to the enforcement agency to be entitled\nto the substance or thing.\n(2) On the delivery of the substance or thing to the person, any\nproprietary and other interests in the substance or thing that existed\nimmediately before its forfeiture are restored.\n\nFood Act 2004 35\n","sortOrder":62},{"sectionNumber":"64","sectionType":"section","heading":"Compensation to be paid in certain circumstances","content":"64 Compensation to be paid in certain circumstances\n(1) A person may apply to an enforcement agency for compensation\nfor a substance or thing seized by an authorised officer acting for\nand on behalf of the enforcement agency.\n(2) If:\n(a) no offence relating to the substance or thing has been\ncommitted against this Act or the Regulations; and\n(b) the substance or thing cannot be returned or, as a\nconsequence of being seized, has depreciated in value,\nthe enforcement agency must pay the compensation to the\napplicant that is just and reasonable in relation to the substance or\nthing.\n(3) The enforcement agency must determine the amount of\ncompensation to be paid by it for the substance or thing and give\nwritten notice of its determination to the applicant and, if not the\nsame person, the person from whom the substance or thing was\nseized or who is otherwise entitled to the substance or thing.\n(4) The applicant or, if not the same person, the person from whom a\nsubstance or thing was seized or who is otherwise entitled to\nreceive compensation for the substance or thing may, if dissatisfied\nwith the enforcement agency's determination of the amount of\ncompensation payable, apply to the Local Court to review the\nmerits of the determination.\n(5) The application for review must be made within 72 hours after\nnotice of the enforcement agency's determination under\nsubsection (3) was received by the person making the application.\n(6) In determining the review, the Local Court must, by notice in writing\n(7) The Local Court must specify the reasons for its determination in\n\nFood Act 2004 36\n","sortOrder":63},{"sectionNumber":"65","sectionType":"section","heading":"Application for order disallowing seizure","content":"65 Application for order disallowing seizure\nA person claiming to be entitled to a substance or thing seized by\nan authorised officer may, within 72 hours after the substance or\nthing was seized, file an application with the Local Court for an\norder disallowing the seizure.\n","sortOrder":64},{"sectionNumber":"66","sectionType":"section","heading":"Enforcement agency entitled to answer application","content":"66 Enforcement agency entitled to answer application\nThe enforcement agency under whose authority the authorised\nofficer seized the substance or thing the subject of an application\nmade under section 65:\n(a) is a party to the application;\n(b) must be served with a copy of the application in accordance\nwith the Local Court's rules of court; and\n(c) is entitled to appear as respondent at the hearing of the\napplication.\n","sortOrder":65},{"sectionNumber":"67","sectionType":"section","heading":"Order disallowing seizure of substance or thing","content":"67 Order disallowing seizure of substance or thing\n(1) On hearing an application under section 65, the Local Court must\nmake an order disallowing the seizure of the substance or thing the\nsubject of the application if it is satisfied that:\n(a) it is proved that the applicant would, but for the seizure of the\nsubstance or thing, be entitled to the substance or thing and it\nis not proved that an offence relating to the substance or thing\nhas been committed against this Act or the Regulations; or\n(b) there are exceptional circumstances justifying the making of\nthe order.\n(2) If the Local Court is not satisfied as to the matters specified in\nsubsection (1)(a) or (b), the Local Court must dismiss the\napplication.\n","sortOrder":66},{"sectionNumber":"68","sectionType":"section","heading":"Ancillary orders","content":"68 Ancillary orders\n(1) If the Local Court makes an order disallowing the seizure of a\nsubstance or thing under section 67, the Local Court must also\nmake one or both of the following orders:\n(a) an order directing the respondent to deliver the substance or\nthing concerned to the applicant or to the other person who\nappears to the Local Court to be entitled to the substance or\nthing;\n\nFood Act 2004 37\n(b) if the substance or thing cannot for any reason be delivered as\nspecified in paragraph (a) or has as a consequence of being\nseized depreciated in value – an order directing the\nenforcement agency concerned to pay to the applicant the\namount of compensation the Local Court considers just and\nreasonable.\n(2) The Local Court may make the orders as to costs as it considers\njust.\n","sortOrder":67},{"sectionNumber":"69","sectionType":"section","heading":"Adjournment pending hearing of other proceedings","content":"69 Adjournment pending hearing of other proceedings\n(1) The Local Court may adjourn the hearing of an application under\nsection 65 if, during the hearing of the application, it appears to the\nLocal Court that the substance or thing the subject of the\napplication is required to be produced in evidence in proceedings\n(which may be pending proceedings) in connection with an offence\nagainst this Act or the Regulations or against any other Act or\nRegulations made under any other Act.\n(2) An adjournment under subsection (1) may be:\n(a) made on the application of the respondent or on the Local\nCourt's own motion; and\n(b) until the conclusion of the proceedings in connection with the\noffence referred to in that subsection.\n","sortOrder":68},{"sectionNumber":"70","sectionType":"section","heading":"Requirement for food businesses to be registered","content":"70 Requirement for food businesses to be registered\nA person must not conduct a food business unless the food\nbusiness is registered under this Part.\n\nFood Act 2004 38\n","sortOrder":69},{"sectionNumber":"71","sectionType":"section","heading":"Application to register food business","content":"71 Application to register food business\n(1) A person intending to commence carrying on a food business (the\nproprietor) must apply to the Chief Health Officer to register the\nfood business within 30 days before the business commences.\n(2) The application must:\n(a) be in an approved form;\n(b) specify the following particulars:\n(i) the name and address of the proprietor;\n(ii) the name under which the business will be carried on\nand the address of the premises or, if more than one,\neach premises where the operations of the business will\nbe carried on;\n(iii) the nature and location of the operations of the food\nbusiness; and\n(c) be accompanied by the prescribed fee (if any).\n(3) The Chief Health Officer may request the proprietor to provide any\nadditional information he or she requires to register the food\n","sortOrder":70},{"sectionNumber":"72","sectionType":"section","heading":"Grant or refusal of registration","content":"72 Grant or refusal of registration\n(1) The Chief Health Officer must register the food business if he or\nshe is satisfied that:\n(a) the proprietor will conduct the food business in a proper\nmanner; and\n(b) the proprietor will conduct the food business in accordance\nwith its registration, this Act and the Regulations.\n(2) The Chief Health Officer must give written notice to the proprietor of\nhis or her decision to register or to refuse to register the food\nbusiness and, if the Chief Health Officer refuses to register the food\nbusiness, the reasons for the refusal and the procedures for review\nunder section 84.\n\nFood Act 2004 39\n(3) If the Chief Health Officer registers the food business, the Chief\nHealth Officer must give written notice of the date, term and\nconditions of the registration to the proprietor.\n","sortOrder":71},{"sectionNumber":"72A","sectionType":"section","heading":"Time for decision to grant or refuse registration","content":"72A Time for decision to grant or refuse registration\n(1) The decision under section 72 whether to register a food business\nmust be made within 30 days of the later of the following:\n(a) the day the Chief Health Officer receives a complete\napplication, including payment of any prescribed fee;\n(b) the day any further information requested under section 71(3)\nis provided to the Chief Health Officer.\n(2) The Chief Health Officer may, at the Chief Health Officer's\ndiscretion, extend or abridge the time specified in subsection (1),\neven if the time has expired.\n(3) Failure by the Chief Health Officer to meet the time required under\nsubsection (1) does not for that reason alone invalidate the\n","sortOrder":72},{"sectionNumber":"73","sectionType":"section","heading":"Conditions of registration","content":"73 Conditions of registration\n(1) It is a condition of the registration of a food business that the\nproprietor of the food business must comply with this Act and the\nRegulations.\n(2) The Chief Health Officer may impose on the registration any other\nconditions relating to the conduct of the food business that he or\nshe considers appropriate.\n(3) The proprietor must comply with the conditions of the registration.\n","sortOrder":73},{"sectionNumber":"74","sectionType":"section","heading":"Term of registration","content":"74 Term of registration\nRegistration of a food business, including a renewed registration\nunder section 75, remains in force:\n(a) until the date specified in the written notice under\nsection 72(2) for the food business as the date on which the\nregistration ends or, if no date is so specified, until 1 July\nimmediately after the date the Chief Health Officer registers\n\nFood Act 2004 40\nthe food business or renews the registration of the food\nbusiness; or\n(b) until it is cancelled under section 79.\n","sortOrder":74},{"sectionNumber":"75","sectionType":"section","heading":"Renewal of registration","content":"75 Renewal of registration\n(1) To renew the registration of a food business, the proprietor of the\nregistered food business must, before the expiry of the term of the\nregistration of the food business, apply to the Chief Health Officer\nfor renewal of the registration.\n(2) The application for renewal of the registration must be:\n(b) accompanied by the prescribed fee (if any).\n(3) The Chief Health Officer may, after an authorised officer carries out\nan appropriate inspection:\n(a) renew the registration; or\n(b) refuse to renew the registration.\n(4) The renewal of the registration:\n(a) is subject to the condition that the proprietor of the food\nbusiness must comply with this Act and the Regulations; and\n(b) is subject to any other conditions relating to the conduct of the\nfood business that the Chief Health Officer considers\nappropriate (which may vary from those he or she imposed on\nthe registration that is renewed).\n(5) The proprietor must comply with the conditions of the renewed\n(6) The Chief Health Officer must give written notice to the proprietor of\nhis or her decision under subsection (3) and, if the Chief Health\nOfficer refuses to renew the registration, the reasons for the refusal\nand the procedures for review under section 84.\n\nFood Act 2004 41\n(7) If the Chief Health Officer renews the registration, notice of the\nrenewal is to specify the date, term and conditions of the renewed\n","sortOrder":75},{"sectionNumber":"76","sectionType":"section","heading":"Display etc. of notice of registration","content":"76 Display etc. of notice of registration\n(1) The proprietor of a registered food business must display a copy of\nthe notice of registration or, if the registration is renewed, notice of\nthe renewal of the registration in a conspicuous place on each\npremises where the operations of the food business are carried on.\n(2) A person who, in the course of carrying on the operations of the\nregistered food business, is transporting food for sale or handling or\nselling food away from a premises referred to in subsection (1)\nmust have with him or her a copy of the notice of registration or\nrenewed registration which he or she may display to a person on\nbeing requested to do so.\n","sortOrder":76},{"sectionNumber":"77","sectionType":"section","heading":"Registration non-transferable","content":"77 Registration non-transferable\nThe registration of a food business is not transferable.\n","sortOrder":77},{"sectionNumber":"78","sectionType":"section","heading":"Variation of conditions of registration of food business","content":"78 Variation of conditions of registration of food business\n(1) Subject to this section, if in the opinion of the Chief Health Officer it\nis appropriate to do so, the Chief Health Officer may:\n(a) on his or her own motion; or\n(b) on the application of the proprietor of a registered food\nbusiness in an approved form to the Chief Health Officer,\nby notice in writing given to the proprietor vary the conditions of the\nregistration of the food business.\n(2) Before varying the conditions of the registration under\nsubsection (1)(a), the Chief Health Officer must give the proprietor\nwritten notice:\n(a) specifying the proposed variation;\n(b) specifying the reasons for the variation; and\n(c) inviting the proprietor to, within the period of not less than\n7 days specified in the notice, submit reasons why the\nvariation should not be made.\n\nFood Act 2004 42\n(3) The Chief Health Officer must not vary the registration under\nsubsection (1)(a) unless he or she has considered the submissions\n(if any) submitted by the proprietor in accordance with the notice\nreferred to in subsection (2).\n(4) Having considered the submissions of the proprietor, the Chief\nHealth Officer may vary the conditions of the registration as\nproposed in the notice under subsection (2) or in any other way he\nor she considers appropriate.\n(5) The application referred to in subsection (1)(b) must be:\n(b) accompanied by the prescribed fee (if any).\n(6) If the proprietor makes an application referred to in\nsubsection (1)(b), the Chief Health Officer must consider the\napplication and determine whether to vary the registration of the\nfood business in accordance with the application.\n(7) The conditions of registration may be varied by the addition,\nsubstitution or deletion of a condition.\n(8) Variation of the conditions of the registration takes effect on:\n(a) the date notice of the variation is received by the proprietor; or\n(b) the date specified for that purpose in the notice,\nwhichever occurs last.\n(9) The proprietor of the registered food business must comply with the\nconditions of the registration as varied under this section.\n(10) Subsections (2), (3), (4), (5), (6) and (7) do not apply if the variation\nis for a formal or clerical reason that does not alter the effect of the\n","sortOrder":78},{"sectionNumber":"79","sectionType":"section","heading":"Cancellation of registration of food business","content":"79 Cancellation of registration of food business\n(1) Subject to this section, the Chief Health Officer may cancel the\nregistration of a food business.\n(2) The Chief Health Officer may cancel the registration:\n(a) if the proprietor contravenes or fails to comply with the\nregistration;\n\nFood Act 2004 43\n(b) if the proprietor is found guilty of an offence against this Act or\nthe Regulations, or any other Act or instrument of a legislative\nor administrative character made under another Act, relating\nto the conduct of the food business; or\n(c) for any other reason that the Chief Health Officer considers\n(3) Before the Chief Health Officer cancels the registration, the Chief\nHealth Officer must give written notice to the proprietor:\n(a) specifying that he or she proposes to cancel the registration;\n(b) specifying the reasons for the cancellation; and\n(c) inviting the proprietor to, within 14 days after the date the\nproprietor receives the notice, submit reasons why the Chief\nHealth Officer should not cancel the registration.\n(4) If, having considered the submissions of the proprietor (if any), the\nChief Health Officer continues to hold the opinion that the\nregistration should be cancelled, the Chief Health Officer may, by\nwritten notice to the proprietor, cancel the registration.\n(5) Notice under subsection (4) must specify:\n(a) the reasons for the cancellation;\n(b) the conditions relating to the cancellation (if any); and\n(c) the procedures for review under section 84.\n(6) Cancellation of the registration takes effect on:\n(a) the date the notice under subsection (4) is received by the\nproprietor; or\n(b) the date specified in the notice,\nwhichever occurs last.\n(7) The proprietor must comply with the notice under subsection (4).\nMaximum penalty for an offence against subsection (7): If the\noffender is a natural person – 500 penalty\n\nFood Act 2004 44\n","sortOrder":79},{"sectionNumber":"80","sectionType":"section","heading":"Cancellation of registration no bar to proprietor re-applying for","content":"80 Cancellation of registration no bar to proprietor re-applying for\nregistration\n(1) Subject to subsection (2), the cancellation of the registration of a\nfood business under section 79 does not bar the person to whom\nthe registration was issued from applying to register a food\n(2) The person may not apply to register a food business before the\nexpiry of 12 months after the date the registration was cancelled.\n","sortOrder":80},{"sectionNumber":"81","sectionType":"section","heading":"Register of registered food businesses","content":"81 Register of registered food businesses\n(1) The Chief Health Officer must establish and maintain, in a form or\ncombination of forms and in the manner the Chief Health Officer\nconsiders appropriate, a register of registered food businesses.\n(2) The following information must be recorded in the register in\nrespect of each registered food business:\n(a) the name and principal business address of the proprietor of\nthe food business;\n(b) the address of each premises where the operations of the\nfood business are carried on;\n(c) the date of the registration of the food business and any\nrenewals of the registration;\n(d) the conditions of the registration of the food business;\n(e) any change of ownership of the food business or property\nused in relation to carrying on the operations of the food\nbusiness;\n(f) any cancellation of the registration of the food business, the\ncircumstances relating to the cancellation and the reasons for\nthe cancellation;\n(g) any other information the Chief Health Officer considers\n(3) The Chief Health Officer may, for the purpose of correcting an error,\nalter an entry in the register in the manner the Chief Health Officer\nconsiders appropriate.\n\nFood Act 2004 45\n(4) A member of the public may, on the payment of the prescribed fee\n(if any) and during the hours the office of the Chief Health Officer is\nopen to the public:\n(a) search an entry in the register; or\n(b) take an extract of an entry in the register.\n","sortOrder":81},{"sectionNumber":"82","sectionType":"section","heading":"Changes of name relating to registered business to be notified","content":"82 Changes of name relating to registered business to be notified\nIf a proprietor of a registered food business changes his or her\nname, the name of the food business, the address of the premises\nwhere the operations of the food business are carried on or the\nprincipal address of the proprietor of the food business in the\nTerritory, the proprietor must notify the Chief Health Officer in\nwriting of the change not later than 14 days after the change\noccurs.\n100 penalty units.\n","sortOrder":82},{"sectionNumber":"83","sectionType":"section","heading":"Chief Health Officer to be notified of sale or disposal of food","content":"83 Chief Health Officer to be notified of sale or disposal of food\nbusiness\n(1) If the proprietor of a registered food business sells or otherwise\ndisposes of the food business or other property used in relation to\ncarrying on the operations of the food business, the proprietor must,\nin an approved form, notify the Chief Health Officer of the sale or\ndisposal not later than 14 days after the date of the sale or disposal.\nMaximum penalty: If the offender is an individual – 100 penalty\n(2) The approved form for a notice for subsection (1) must require\ndetails of the following:\n(a) the food business or other property sold or otherwise disposed\nof;\n(b) the name and address of the purchaser.\n\nFood Act 2004 46\n","sortOrder":83},{"sectionNumber":"84","sectionType":"section","heading":"Review of decisions relating to registration","content":"84 Review of decisions relating to registration\ndelegate of the Chief Health Officer, under this Part may apply for\nreview of the merits of the decision in accordance with this section.\n","sortOrder":84},{"sectionNumber":"84A","sectionType":"section","heading":"Declaration of community stores","content":"84A Declaration of community stores\nThe Chief Health Officer may, by Gazette notice, declare a store\nthat sells food, drink and grocery items to be a community store if:\n(a) the store is a registered food business; and\n(b) the store is in, or services, a remote area of the Northern\nTerritory; and\n(c) the store is a significant source of food, drink and grocery\nitems for residents of one or more Aboriginal communities or\nareas serviced by the store.\n\nFood Act 2004 47\n","sortOrder":85},{"sectionNumber":"84B","sectionType":"section","heading":"Food security conditions","content":"84B Food security conditions\n(1) The registration of a food business that is a community store is\nsubject to the following conditions:\n(a) the business must provide reasonable, ongoing access to a\nrange of food, drink and grocery items that are reasonably\npriced, safe and of sufficient quantity and quality to meet\nnutritional and related household needs for its customers;\n(b) the business must promote good nutrition and healthy\nproducts to its customers;\n(c) the business must be operated and managed in a way that\nensures the continued viability of the business;\n(d) the business must comply with any standard that applies to\nthe store under section 84C.\nExample for subsection (1)(c)\nThe business is able to demonstrate that it is in good financial standing and has\nrobust governance arrangements.\n(2) Despite subsection (1), the Chief Health Officer may, if the Chief\nHealth Officer considers it appropriate, vary the application of a\ncondition mentioned in subsection (1)(a), (b) or (c) to the\nregistration of a food business that is a community store.\nNote for section 84B\nThe registration of a food business that is a community store is subject to\nconditions imposed under section 73(2).\n","sortOrder":86},{"sectionNumber":"84C","sectionType":"section","heading":"Food security standards","content":"84C Food security standards\n(1) The Minister may, by Gazette notice, declare a standard in the\nTerritory or a stated part of the Territory relating to food security.\n(2) The standard may apply, adopt or incorporate (with or without\nchanges) a matter contained in another document or instrument as\nin force or existing at a particular time or from time to time.\n(3) The standard must be published on the Agency's website.\n(4) The declaration of the standard must:\n(a) describe the subject matter of the standard; and\n(b) state the date (not earlier than the date of the notice) on which\nthe standard applies in the Territory or a part of the Territory;\nand\n\nFood Act 2004 48\n(c) state that the standard is published on the Agency's website.\n","sortOrder":87},{"sectionNumber":"84D","sectionType":"section","heading":"Guidelines","content":"84D Guidelines\n(1) The Chief Health Officer may make guidelines relating to matters\nfor this Part.\n(2) The guidelines may apply, adopt or incorporate (with or without\nchanges) a matter contained in another document or instrument as\nin force or existing at a particular time or from time to time.\n(3) The guidelines must be published on the Agency's website.\n(4) The Chief Health Officer must, by Gazette notice, give notice of\nmaking the guidelines.\n(5) The notice must:\n(a) describe the subject matter of the guidelines; and\n(b) state the date on which the guidelines take effect (which may\nnot be earlier than the date of the notice); and\n(c) state that the guidelines are published on the Agency's\nwebsite.\n","sortOrder":88},{"sectionNumber":"84E","sectionType":"section","heading":"Review of decision relating to food security","content":"84E Review of decision relating to food security\ndelegate of the Chief Health Officer, under this Part may apply for\nreview of the merits of the decision in accordance with this section.\nmust, by notice in writing to the person who requested the review,\ndo one of the following:\n\nFood Act 2004 49\n(c) revoke the decision reviewed;\n","sortOrder":89},{"sectionNumber":"84F","sectionType":"section","heading":"Review of Part","content":"84F Review of Part\nThe Minister must review the operation of this Part within 3 years\nafter its commencement to determine whether the Part remains\nappropriate to achieve the objectives mentioned in section 3(d).\n","sortOrder":90},{"sectionNumber":"85","sectionType":"section","heading":"Proprietor to be informed","content":"85 Proprietor to be informed\nAn authorised officer who obtains a sample of food for analysis or\nanother authorised officer must, before the sample is obtained or as\nsoon as practicable after it is obtained:\n(a) inform the proprietor of the food business from which the\nsample is to be or was obtained that the sample is being\nobtained for analysis; or\n(b) if the proprietor is not present or readily available – inform the\nperson from whom the sample is to be or was obtained or who\nis or was in charge of the food from which the sample is to be\nor was obtained that the sample is being obtained for analysis.\n","sortOrder":91},{"sectionNumber":"86","sectionType":"section","heading":"Payment for sample","content":"86 Payment for sample\nWhen an authorised officer obtains a sample of food for analysis,\nthe authorised officer must pay or tender payment of:\n(a) the prescribed amount in respect of the sample; or\n(b) if there is no prescribed amount – the amount equal to the\ncurrent market value of the sample,\nto the person from whom he or she obtains the sample.\n\nFood Act 2004 50\n","sortOrder":92},{"sectionNumber":"87","sectionType":"section","heading":"Samples from food vending machines","content":"87 Samples from food vending machines\nSections 85 and 86 do not apply where an authorised officer:\n(a) obtains a sample from a food vending machine by making\nproper payment for the sample; and\n(b) is unable at the time to identify a person who appears to be in\ncharge of the food vending machine.\n","sortOrder":93},{"sectionNumber":"88","sectionType":"section","heading":"Packaged food","content":"88 Packaged food\nIf an authorised officer takes for analysis under this Act a sample of\nfood that is contained in a sealed package intended for retail sale,\nthe authorised officer must take the whole package.\n","sortOrder":94},{"sectionNumber":"89","sectionType":"section","heading":"Procedure for taking samples","content":"89 Procedure for taking samples\n(1) This section applies subject to the Food Standards Code.\n(2) Subject to subsection (3), an authorised officer who obtains a\nsample of food for analysis must:\n(a) divide the sample into 3 parts and mark and seal or fasten\neach part in a manner that is appropriate to the nature of the\nsample;\n(b) leave one part with one of the following persons:\n(i) the proprietor of the food business;\n(ii) the person from whom the sample was obtained;\n(iii) a person appearing to be the employee or agent of the\nproprietor of the food business or person from whom the\nsample was obtained;\n(c) submit one part for analysis; and\n(d) retain one part for future comparison.\n(3) If dividing the sample into 3 parts in accordance with subsection (2)\nwould, in the opinion of the authorised officer:\n(a) affect or impair the composition or quality of the sample in\nsuch a way as to render the separate parts unsuitable for\naccurate analysis;\n(b) result in the separate parts being an insufficient size for\naccurate analysis; or\n\nFood Act 2004 51\n(c) render the sample in any other way unsuitable for analysis\n(including unsuitable for analysis by a method of analysis\nprescribed in relation to the particular food from which the\nsample was taken),\nthe authorised officer may take the number of samples that the\nauthorised officer considers necessary to enable an accurate\nanalysis to be carried out and may deal with those samples in the\nmanner he or she considers appropriate in the circumstances.\n(4) However, if an authorised officer takes the sample of food in the\nform of separate or severable objects, it is not necessary for the\nauthorised officer to divide one of those objects into parts in\naccordance with subsection (2), but he or she may:\n(a) take a number of those objects;\n(b) divide the number of objects taken into the requisite parts\n(with each part consisting of one or more separate or\nseverable objects); and\n(c) then deal with those parts as required by subsections (2)\nand (3).\n","sortOrder":95},{"sectionNumber":"90","sectionType":"section","heading":"Samples to be submitted for analysis","content":"90 Samples to be submitted for analysis\nHaving complied with section 89, the authorised officer must submit\nthe sample of food for analysis under Division 2, unless no longer of\nthe opinion that the sample ought to be analysed.\n","sortOrder":96},{"sectionNumber":"91","sectionType":"section","heading":"Who carries out analyses","content":"91 Who carries out analyses\nAn analysis must be carried out by an approved analyst or under\nthe supervision of an approved analyst.\n","sortOrder":97},{"sectionNumber":"92","sectionType":"section","heading":"Compliance with Food Standards Code","content":"92 Compliance with Food Standards Code\nThe approved analyst, or the individual being supervised by an\napproved analyst, who carries out an analysis must do so in\naccordance with the Food Standards Code.\n","sortOrder":98},{"sectionNumber":"93","sectionType":"section","heading":"Certificate of analysis","content":"93 Certificate of analysis\n(1) On completion of an analysis, the approved analyst must give to the\nperson who requested the analysis, or that person's agent, a\ncertificate of analysis.\n\nFood Act 2004 52\n(2) The certificate of analysis must:\n(a) be in an approved form;\n(b) be dated and signed by the approved analyst;\n(c) contain a written report of the analysis (including setting out\nthe findings of the analysis); and\n(d) specify the requirements (if any) of the Food Standards Code\nthat relate to the analysis and certify that the analysis was\ncarried out in accordance with those requirements.\n(3) For subsection (2)(b), the approved analyst is the following:\n(a) if the approved analyst is an individual – the individual;\n(b) if the approved analyst is an organisation – an individual who\nis:\n(i) an employee or officer of the organisation; and\n(ii) authorised by the organisation to sign the certificate of\nanalysis.\n","sortOrder":99},{"sectionNumber":"94","sectionType":"section","heading":"Approval of individuals or organisations to carry out analyses","content":"94 Approval of individuals or organisations to carry out analyses\n(1) An individual or organisation may make an application to the Chief\nHealth Officer for approval to carry out analyses under this Act.\n(2) The application must be:\n(b) accompanied by the information the Chief Health Officer\nrequires to determine the application; and\n(c) accompanied by the prescribed fee (if any).\n(3) After considering the application, the Chief Health Officer may:\n(a) approve the individual or organisation (with or without\nconditions) to carry out analyses under this Act; or\n(b) refuse the application for approval.\n(4) If the Chief Health Officer approves an individual or organisation,\nthe Chief Health Officer must give written notice to the individual or\norganisation of the approval (including any conditions).\n\nFood Act 2004 53\n(5) If the Chief Health Officer refuses an application, the Chief Health\nOfficer must give written notice to the individual or organisation of\nthe refusal and the reasons for the refusal.\n","sortOrder":100},{"sectionNumber":"95","sectionType":"section","heading":"Term of approval","content":"95 Term of approval\nAn approval granted under section 94 remains in force:\n(a) until the expiry of the period specified in the approval;\n(b) unless it is suspended; or\n(c) until it is cancelled.\n","sortOrder":101},{"sectionNumber":"96","sectionType":"section","heading":"Approved analyst to give notice of certain interests","content":"96 Approved analyst to give notice of certain interests\n(1) As soon as practicable after being approved to carry out analyses,\nan approved analyst must notify the Chief Health Officer of any\ndirect or indirect interests the approved analyst has in food\nbusinesses.\nMaximum penalty: 100 penalty units.\n(2) If, after notifying the Chief Health Officer under subsection (1), there\nis a change in the interests notified or the approved analyst\nacquires new interests in a food business, the approved analyst\nmust notify the Chief Health Officer of the change or new interest as\nsoon as practicable after the change or acquisition.\nMaximum penalty: 100 penalty units.\n(3) For subsections (1) and (2), if an approved analyst is an\norganisation, the notification of the interests under subsection (1)\nor (2) must be given by the organisation in relation to the\norganisation and the officers of the organisation.\n","sortOrder":102},{"sectionNumber":"97","sectionType":"section","heading":"Variation of conditions or suspension or cancellation of","content":"97 Variation of conditions or suspension or cancellation of\napproval of approved analyst\n(1) The Chief Health Officer may, on the Chief Health Officer's own\nmotion or on the request of an approved analyst, vary the\nconditions of the approved analyst's approval.\n(2) The Chief Health Officer may, on the Chief Health Officer's own\nmotion, suspend or cancel the approved analyst's approval on one\nor more of the following grounds:\n(a) the approved analyst has wilfully or negligently contravened\nthis Act or the Regulations;\n\nFood Act 2004 54\n(b) the approved analyst has contravened a condition of the\napproved analyst's approval;\n(c) the approved analyst has not competently carried out the\napproved analyst's duties under this Act;\n(d) the approved analyst, including any officers or employees of\nan organisation that is the approved analyst, has a direct or\nindirect interest in a food business that, in the opinion of the\nChief Health Officer, could affect the performance of the\napproved analyst's duties under this Act;\n(e) for any other reason the Chief Health Officer considers\n(3) The Chief Health Officer may not vary the conditions of, or suspend\nor cancel, the approved analyst's approval unless the Chief Health\nOfficer has:\n(a) given written notice to the approved analyst of the Chief\nHealth Officer's intention to vary the conditions of, or suspend\nor cancel, the approved analyst's approval and the Chief\nHealth Officer's reasons for doing so;\n(b) given the approved analyst a reasonable opportunity to make\nsubmissions concerning the variation, suspension or\ncancellation; and\n(c) considered the submissions (if any) made by the approved\nanalyst.\n(4) If the Chief Health Officer decides to vary the conditions of the\napproved analyst's approval or suspend or cancel the approved\nanalyst's approval, the Chief Health Officer must give the approved\nanalyst written notice of the variation, suspension or cancellation.\n(5) The variation, suspension or cancellation of the approved analyst's\napproval takes effect on the day on which the approved analyst\nreceives notice of the variation, suspension or cancellation or, if a\nlater date is specified in the notice, on that later date.\n(6) The Chief Health Officer must, if requested to do so by the\napproved analyst, cancel the approved analyst's approval.\n(7) Subsections (2), (3), (4) and (5) do not apply to the cancellation of\nan approval under subsection (6).\n\nFood Act 2004 55\n","sortOrder":103},{"sectionNumber":"98","sectionType":"section","heading":"Review of decisions relating to approvals","content":"98 Review of decisions relating to approvals\ndelegate of the Chief Health Officer, relating to any of the following\nmatters may apply for the review of the merits of the decision in\naccordance with this section:\n(a) granting or refusing an application for approval to carry out\nanalyses under this Act;\n(b) imposing a condition of an approved analyst's approval;\n(c) varying the conditions of an approved analyst's approval;\n(d) suspending or cancelling an approved analyst's approval.\nfor the Chief Health Officer's or Local Court's determination in the\nnotice.\n","sortOrder":104},{"sectionNumber":"99","sectionType":"section","heading":"List of approved analysts","content":"99 List of approved analysts\n(1) The Chief Health Officer must prepare and maintain a list of\napproved analysts.\n(2) The Chief Health Officer must:\n(a) revise the list regularly; and\n(b) make the list available for inspection by the public.\n\nFood Act 2004 56\n","sortOrder":105},{"sectionNumber":"100","sectionType":"section","heading":"Grounds for issuing improvement notice","content":"100 Grounds for issuing improvement notice\nAn authorised officer may issue an improvement notice to the\nproprietor of a food business if the authorised officer believes, on\nreasonable grounds, that:\n(a) premises, equipment or a food transport vehicle used by the\nfood business in connection with the handling of food intended\nfor sale is in an unclean or insanitary condition or is otherwise\nunfit for the purpose for which it is designed or intended to be\nused; or\n(b) premises, equipment or a food transport vehicle used in\nconnection with handling food intended for sale does not\ncomply with the Food Safety Standards; or\n(c) the food safety program for the food business is not being\nimplemented adequately in relation to premises or a food\ntransport vehicle used by the food business in connection with\nhandling food intended for sale; or\n(d) the Food Standards Code is being contravened in relation to\nhandling food intended for sale on premises or in a food\ntransport vehicle used by the food business; or\n(e) if the food business is a community store – a condition on the\nregistration of the food business that relates to food security is\nbeing contravened.\nNotes for paragraph (e)\n","sortOrder":106},{"sectionNumber":"1","sectionType":"section","heading":"Conditions are imposed on the registration of a food business that is a","content":"1 Conditions are imposed on the registration of a food business that is a\ncommunity store under section 84B.\n","sortOrder":107},{"sectionNumber":"2","sectionType":"section","heading":"Other conditions that relate to food security may be imposed on the","content":"2 Other conditions that relate to food security may be imposed on the\nregistration of a food business that is a community store under\nsection 73.\n","sortOrder":108},{"sectionNumber":"101","sectionType":"section","heading":"Form and contents of improvement notice","content":"101 Form and contents of improvement notice\n(1) An improvement notice may require one or more of the following\nthings to be done within 24 hours after the notice is issued or the\nlonger period (if any) specified in the notice:\n(a) premises, equipment or a food transport vehicle to be put into\na clean and sanitary condition, or to be repaired, to the\nsatisfaction of an authorised officer;\n(b) equipment or a vehicle to be replaced;\n\nFood Act 2004 57\n(c) if it relates to a food business that is required under the\nRegulations to develop and implement a food safety program,\nbut has not done so:\n(i) a food safety program for the food business to be\ndeveloped and implemented in accordance with the\nRegulations and Food Standards Code; or\n(ii) the food safety program for the food business to be\nreviewed or varied so that it complies with the\nRegulations or Food Standards Code;\n(d) measures to be taken to comply with the Food Safety\nStandards in relation to handling food intended for sale.\n(2) The improvement notice:\n(a) must specify that it is issued under this Part;\n(b) must specify the provision of the Food Standards Code to\nwhich it relates (if any); and\n(c) may specify particular action to be taken to ensure compliance\nwith that provision of the Food Standards Code.\n(3) Before the improvement notice expires, the authorised officer who\nissues the improvement notice may, on his or her own motion or on\nthe application of the proprietor, extend the period within which the\nproprietor must comply with the improvement notice.\n","sortOrder":109},{"sectionNumber":"102","sectionType":"section","heading":"Compliance with improvement notice","content":"102 Compliance with improvement notice\nA person must not contravene or fail to comply with an\nimprovement notice issued to the person.\n500 penalty unit.\n","sortOrder":110},{"sectionNumber":"103","sectionType":"section","heading":"Notification of compliance with improvement notice","content":"103 Notification of compliance with improvement notice\n(1) If an improvement notice is complied with, an authorised officer\nmust note the date of the compliance on a copy of the notice of\nimprovement.\n\nFood Act 2004 58\n(2) The person to whom the improvement notice was issued may\nrequest a copy of the improvement notice noted in accordance with\nsubsection (1) and, if the person does, an authorised officer must\ngive a copy to the person.\n","sortOrder":111},{"sectionNumber":"104","sectionType":"section","heading":"Grounds for issuing prohibition order","content":"104 Grounds for issuing prohibition order\nThe Chief Health Officer may issue a prohibition order to the\nproprietor of a food business if:\n(a) the Chief Health Officer believes, on reasonable grounds, that\ncircumstances specified in section 100(a), (b), (c) or (d) exist;\nand\n(b) either:\n(i) the proprietor has been issued with an improvement\nnotice in relation to the circumstances and has not\ncomplied with the improvement notice within the time\nspecified under section 101(1) or extended under\nsection 101(3); or\n(ii) the circumstances are giving rise to or are likely to give\nrise to a serious danger to public health.\n","sortOrder":112},{"sectionNumber":"105","sectionType":"section","heading":"Form and contents of prohibition order","content":"105 Form and contents of prohibition order\n(1) A prohibition order may require that, until a certificate of clearance\nis issued under section 108:\n(a) food intended for sale must not be handled on specified\npremises or a specified part of specified premises;\n(b) food intended for sale must not be conveyed in a specified\nfood transport vehicle;\n(c) specified equipment must not be used in connection with food\nintended for sale; or\n(d) food intended for sale must not be handled by a food business\nin a specified way or for a specified purpose.\n(2) The prohibition order:\n(a) must specify that it is issued under this Part;\n\nFood Act 2004 59\n(b) must specify the provision of the Food Standards Code (if any)\nto which it relates; and\n(c) may specify particular action to be taken to ensure compliance\nwith that provision of the Food Standards Code.\n","sortOrder":113},{"sectionNumber":"106","sectionType":"section","heading":"Display of prohibition order","content":"106 Display of prohibition order\nA person to whom a prohibition order is issued must display a copy\nof the prohibition order in a conspicuous place on each premises to\nwhich the prohibition order relates.\n20 penalty units.\n100 penalty units.\n","sortOrder":114},{"sectionNumber":"107","sectionType":"section","heading":"Compliance with prohibition order","content":"107 Compliance with prohibition order\nA person must not contravene or fail to comply with a prohibition\norder issued to the person.\n","sortOrder":115},{"sectionNumber":"108","sectionType":"section","heading":"Certificate of clearance","content":"108 Certificate of clearance\n(1) If, after an inspection by an authorised officer of the premises, part\nof the premises, food transport vehicle or equipment, or way of\nhandling food, in respect of which a prohibition order was issued,\nthe Chief Health Officer is satisfied that:\n(a) the premises, part of the premises, food transport vehicle or\nequipment, or the handling of food in the specified way or for\nthe specified purpose, is not a serious danger to public health\nor is no longer giving rise or likely to give rise to a serious\ndanger to public health; and\n(b) the person to whom the prohibition order was issued has\ncomplied with the prohibition order,\nthe Chief Health Officer must issue a certificate of clearance to the\n(2) On the issue of the certificate of clearance, the prohibition order is\ncancelled.\n\nFood Act 2004 60\n","sortOrder":116},{"sectionNumber":"109","sectionType":"section","heading":"Request for inspection by proprietor issued with prohibition","content":"109 Request for inspection by proprietor issued with prohibition\norder\n(1) The proprietor of a food business whose premises (other than a\nvehicle) or part of whose premises is the subject of a prohibition\norder may, at any time after the prohibition order has been issued,\nmake a written request to the Chief Health Officer to inspect the\npremises.\n(2) The proprietor of a food business whose vehicle (which may be a\nfood transport vehicle or any other vehicle) or equipment or way of\nhandling food is the subject of a prohibition order may, at any time\nafter the prohibition order was issued, make a written request to the\nChief Health Officer to inspect the vehicle, equipment or way of\nhandling food at a place and time agreed to by the proprietor and\nthe Chief Health Officer.\n(3) On receiving a request under subsection (1) or (2), the Chief Health\nOfficer must arrange for an authorised officer to inspect the\npremises, vehicle, equipment or way of handling food.\n(4) If:\n(a) a proprietor of a food business makes a request for an\ninspection under subsection (1) or (2); and\n(b) through no fault of the proprietor, the premises, vehicle,\nequipment or way of handling food concerned is not inspected\nby an authorised officer within 72 hours of the Chief Health\nOfficer receiving the request,\nthe Chief Health Officer is taken to have issued a certificate of\nclearance to the proprietor in respect of the premises, vehicle,\nequipment or way of handling food in accordance with\nsection 108(1) and section 108(2) applies.\n","sortOrder":117},{"sectionNumber":"110","sectionType":"section","heading":"Review of decision to refuse certificate of clearance","content":"110 Review of decision to refuse certificate of clearance\n(1) A person aggrieved because the Chief Health Officer, or the\ndelegate of the Chief Health Officer, does not give the person a\ncertificate of clearance in accordance with section 108 may apply\nfor the review of the merits of the decision in accordance with this\nsection.\n\nFood Act 2004 61\n(4) In determining the review, the Chief Health Officer or Local Court\n(5) The Chief Health Officer or Local Court must specify the reasons\n","sortOrder":118},{"sectionNumber":"111","sectionType":"section","heading":"Compensation","content":"111 Compensation\n(1) If a person to whom a prohibition order applies:\n(a) considers that there were no grounds for making the\nprohibition order; and\n(b) suffers loss as a result of the prohibition order,\nthe person may apply to the Chief Health Officer for compensation.\n(2) If there were no grounds for issuing the prohibition order, the Chief\nHealth Officer must pay the amount of compensation to the\napplicant that is just and reasonable.\n(3) The Chief Health Officer must, within 28 days after receiving the\napplication, give written notice to the applicant of the amount of\ncompensation to be paid to the applicant.\n(4) If the Chief Health Officer does not give notice under\nsubsection (3), the Chief Health Officer is taken to have refused to\npay compensation to the applicant.\n(5) If the applicant is dissatisfied:\n(a) because the Chief Health Officer has refused to pay\ncompensation to the applicant; or\n(b) as to the amount of compensation specified in a notice under\nsubsection (3),\nthe applicant may apply to the Local Court for review of the merits\nof the refusal or the determination of the amount of compensation.\n(6) The application for review of the Chief Health Officer's refusal to\npay compensation must be made within 2 months after the date the\napplication for compensation was made.\n\nFood Act 2004 62\n(7) The application for review of the amount of compensation must be\nmade to the Local Court within 28 days after receiving notice of the\namount of the compensation under subsection (3).\n(8) In determining the review, the Local Court must, by notice in writing\n(9) The Local Court must specify the reasons for its determination in\n","sortOrder":119},{"sectionNumber":"112","sectionType":"section","heading":"Commencement of proceedings","content":"112 Commencement of proceedings\n(1) Subject to subsection (2), proceedings for an offence against this\nAct or the Regulations must be commenced:\n(a) if the offence relates to a sample of food – within 6 months\nafter the date on which the sample was obtained; or\n(b) in any other case – within 12 months after the date on which\nthe offence is alleged to have been committed.\n(2) The court may extend the time for commencing proceedings for the\noffence.\n(3) Proceedings for the offence may be commenced by an authorised\nofficer or any other person authorised by the Minister to do so.\n","sortOrder":120},{"sectionNumber":"113","sectionType":"section","heading":"Analyst's certificate to be served with summons","content":"113 Analyst's certificate to be served with summons\n(1) If an analyst's certificate will be used in proceedings for an offence\nagainst this Act or the Regulations, the certificate must be served\nwith the summons for the offence.\n(2) The summons must be made returnable not less than 14 days after\nthe date on which the summons is served.\n\nFood Act 2004 63\n","sortOrder":121},{"sectionNumber":"114","sectionType":"section","heading":"Criminal liability of executive officer of body corporate","content":"114 Criminal liability of executive officer of body corporate\n(1) An executive officer of a body corporate commits an offence if:\n(a) the body corporate commits an offence by contravening a\ndeclared provision (a relevant offence) and the officer knew,\nor could reasonably have been expected to have known, that\nthe contravention would happen; and\n(b) the officer was in a position to influence the conduct of the\nbody corporate in relation to the contravention; and\n(c) the officer failed to take reasonable steps to prevent the\ncontravention.\nMaximum penalty: The maximum penalty that may be imposed\non an individual for the relevant offence.\n(2) In deciding whether the executive officer took (or failed to take)\nreasonable steps to prevent the contravention, a court must\nconsider the following:\n(a) any action the officer took directed towards ensuring the\nfollowing (to the extent the action is relevant to the\ncontravention):\n(i) the body corporate arranged regular professional\nassessments of the body corporate's compliance with\nthe declared provision;\n(ii) the body corporate implemented any appropriate\nrecommendation arising from an assessment under\nsubparagraph (i);\n(iii) the body corporate's employees, agents and contractors\nhad a reasonable knowledge and understanding of the\nrequirement to comply with the declared provision;\n(b) any action the officer took when the officer became aware that\nthe contravention was, or could be, about to happen.\n(3) Subsection (2) does not limit the matters the court may consider.\n(4) This section does not affect the liability of the body corporate.\n(5) This section applies whether or not the body corporate is\nprosecuted for, or found guilty of, the relevant offence.\n(6) This section does not apply if the body corporate would have a\ndefence to a prosecution for the relevant offence.\n\nFood Act 2004 64\n(7) In this section:\ndeclared provision means:\n(a) section 32(4); or\n(b) a provision of the Regulations prescribed by regulation.\nexecutive officer, of a body corporate, means a director or other\nperson who is concerned with, or takes part in, the management of\nthe body corporate.\n","sortOrder":122},{"sectionNumber":"114A","sectionType":"section","heading":"Criminal liability of executive officer of body corporate –","content":"114A Criminal liability of executive officer of body corporate –\ndeemed liability if body corporate commits offence\n(1) An executive officer of a body corporate commits an offence if the\nbody corporate commits an offence by contravening a declared\nprovision (a relevant offence).\nMaximum penalty: The maximum penalty that may be imposed\non an individual for the relevant offence.\n(2) An offence against subsection (1) is a regulatory offence.\n(3) It is a defence to a prosecution for an offence against\nsubsection (1) if the defendant:\n(a) was not in a position to influence the conduct of the body\ncorporate in relation to the contravention; or\n(b) took reasonable steps to prevent the contravention; or\n(c) did not know, and could not reasonably have been expected\nto know, that the contravention would happen.\n(4) In deciding whether the defendant took (or failed to take)\nreasonable steps to prevent the contravention, a court must\nconsider the following:\n(a) any action the defendant took directed towards ensuring the\nfollowing (to the extent the action is relevant to the\ncontravention):\n(i) the body corporate arranged regular professional\nassessments of the body corporate's compliance with\nthe declared provision;\n(ii) the body corporate implemented any appropriate\nrecommendation arising from an assessment under\nsubparagraph (i);\n\nFood Act 2004 65\n(iii) the body corporate's employees, agents and contractors\nhad a reasonable knowledge and understanding of the\nrequirement to comply with the declared provision;\n(b) any action the defendant took when the defendant became\naware that the contravention was, or could be, about to\nhappen.\n(5) Subsection (4) does not limit the matters the court may consider.\n(6) This section does not affect the liability of the body corporate.\n(7) This section applies whether or not the body corporate is\nprosecuted for, or found guilty of, the relevant offence.\n(8) This section does not apply if the body corporate would have a\ndefence to a prosecution for the relevant offence.\n(9) In this section:\ndeclared provision means:\n(a) section 12, 13, 15(1) or (2), 16(1) or (2), 17(1), (2) or (3),\n18(1), 19(1), (2) or (3), 20(1) or (2), 52(1), 73(3), 75(5), 79(7),\n102, 107 or 129(3); or\n(b) a provision of the Regulations prescribed by regulation.\nexecutive officer, of a body corporate, means a director or other\nperson who is concerned with, or takes part in, the management of\nthe body corporate.\n","sortOrder":123},{"sectionNumber":"115","sectionType":"section","heading":"Prosecution of employers for actions of employees","content":"115 Prosecution of employers for actions of employees\n(1) If the actions of an employee constitute or allegedly constitute an\noffence against this Act or the Regulations, the employee's\nemployer may be prosecuted for the offence (whether or not the\nemployee is also prosecuted) as if he or she had personally\nperformed those actions.\n(2) It is a defence to a prosecution of an employer for an offence\nreferred to in subsection (1) that the employer did not authorise\n(either expressly or by implication) the actions of the employee\nconstituting the offence.\n(3) In this section:\nemployee includes a person who provides services to another\nperson under a contract with the other person or a third party.\n\nFood Act 2004 66\nemployer includes a person to whom another person provides\nservices under a contract entered into with the other person or a\nthird party.\n","sortOrder":124},{"sectionNumber":"116","sectionType":"section","heading":"Liability of employees and agents","content":"116 Liability of employees and agents\n(1) Subject to subsection (2), it is no defence to a prosecution of a\nperson in the capacity of an employee or agent for an offence\nagainst this Act or the Regulations that the person was, at the time\nof the commission of the offence, an employee or agent of another\n(2) It is a defence to a prosecution of a person referred to in\nsubsection (1) for an offence against this Act or the Regulations\nthat the person was, at the time of the commission of the offence,\nunder the personal supervision of the proprietor of the food\nbusiness or the owner or person in charge of the premises, food\ntransport vehicle or equipment, or a person representing the\nproprietor, owner or person in charge, in relation to which the\noffence was committed.\n","sortOrder":125},{"sectionNumber":"117","sectionType":"section","heading":"No defence to allege deterioration of sample","content":"117 No defence to allege deterioration of sample\nIt is not an defence to a prosecution for an offence against this Act\nor the Regulations that relates to a sample of food to allege that a\npart of the sample retained for future comparison with a part of the\nsample that has been analysed has deteriorated, perished or\nundergone material change in its constitution from natural causes.\n","sortOrder":126},{"sectionNumber":"118","sectionType":"section","heading":"Onus to prove certain matters on defendant","content":"118 Onus to prove certain matters on defendant\nIf a person who was responsible for making a statement on a\npackage or in an advertisement relating to the origin or composition\nof food or the therapeutic or nutritive properties of the effect of food\nis prosecuted for an offence against this Act or the Regulations\nrelating to the false description of the food because of the\nstatement, the onus of proving the correctness of the statement is\non the defendant.\n","sortOrder":127},{"sectionNumber":"119","sectionType":"section","heading":"Presumptions","content":"119 Presumptions\n(1) In proceedings for an offence against this Act or the Regulations, it\nis presumed until the contrary is proved on the balance of\nprobabilities that:\n(a) a substance or thing that is capable of being used as food and\nthat was sold or prepared for sale or conveyed or intended for\nsale was sold, prepared, conveyed or intended for sale;\n\nFood Act 2004 67\n(b) a substance or thing that is capable of being used as food is\nnot for human consumption if it is prominently indicated as not\nbeing for human consumption, whether by words, colour or\nany other marking;\n(c) food that is part of a batch, lot or consignment of food of the\nsame class or description is representative of all of the food in\nthe batch, lot or consignment;\n(d) each part of a sample of food divided for the purpose of\nanalysis under this Act is of uniform composition with every\nother part of the sample;\n(e) a person who sold food in the course of the conduct of a food\nbusiness and who is or was not the proprietor of the food\nbusiness sold the food as the agent of the proprietor;\n(f) a person who appears from a statement on a package\ncontaining food for sale to have imported, manufactured,\npacked or prepared the food is the importer, manufacturer,\npackager or preparer of the food, as the case requires;\n(g) food that is sold to a consumer was at some time sold by a\nperson who respectively imported, manufactured, prepared or\npacked the food; and\n(h) a signature purporting to be that of the Chief Health Officer,\nthe chief executive or other officer of an enforcement agency,\nan authorised officer or an approved analyst is that signature.\n(2) For subsection (1)(h), the approved analyst is the following:\n(a) if the approved analyst is an individual – the individual;\n(b) if the approved analyst is an organisation – an individual who\nis:\n(i) an employee or officer of the organisation; and\n(ii) authorised by the organisation to sign the certificate of\nanalysis.\n\nFood Act 2004 68\n","sortOrder":128},{"sectionNumber":"120","sectionType":"section","heading":"Certificate evidence of results of analysis and evidence of","content":"120 Certificate evidence of results of analysis and evidence of\nanalysts\n(1) A certificate of the result of an analysis relating to an offence\nagainst this Act or the Regulations obtained by a party to\nproceedings for the offence is:\n(a) admissible in the proceedings or any other proceedings\nrelating to the offence; and\n(b) evidence of the facts stated in it if:\n(i) it was issued under section 93(2); and\n(ii) a copy of it is served by the party who obtained it on the\nother parties to the proceedings at least 7 days before\nthe hearing of the proceedings.\n(2) The party who produces a certificate referred to in subsection (1) is\nnot required to call the analyst who carried out the analysis the\nsubject of the certificate as a witness in the proceedings unless the\ncourt hearing the proceedings orders otherwise (whether on\napplication or by any other means).\n(3) In proceedings for an offence against this Act or the Regulations,\nthe prosecution cannot rely on an analysis as evidence unless the\nperson who carried out the analysis:\n(a) is an approved analyst; or\n(b) was acting under the supervision of an approved analyst.\n","sortOrder":129},{"sectionNumber":"121","sectionType":"section","heading":"Documents as evidence of matters under Act or Regulations","content":"121 Documents as evidence of matters under Act or Regulations\nIn any proceedings for an offence against this Act or the\nRegulations:\n(a) a document purporting to be a copy of any registration,\napproval, notice, order or authority under this Act is evidence\nof that registration, approval, notice, order or authority;\n(b) a document purporting to be signed by the Chief Health\nOfficer certifying that at a specified time or during a specified\nperiod:\n(i) there was or was not in force a registration, approval,\nnotice, order or authority in relation to a specified\nperson; or\n\nFood Act 2004 69\n(ii) that a registration, approval, notice, order or authority\nwas or was not subject to specified conditions,\nis evidence of the matters contained in the document; and\n(c) a document purporting to be signed by the Chief Health\nOfficer certifying:\n(i) as to the receipt or otherwise of a notice, application or\npayment; or\n(ii) that an amount of fees or other money is payable under\nthis Act by a specified person and has at the date of the\ncertificate not been paid,\nis evidence of the matters contained in the document.\n","sortOrder":130},{"sectionNumber":"122","sectionType":"section","heading":"Power of court to order further analysis","content":"122 Power of court to order further analysis\n(1) If a court hearing proceedings for an offence against this Act or the\nRegulations is satisfied that there is an inconsistency between the\nevidence of the analysts for the parties to the proceedings, the\ncourt may, at the request of a party to the proceedings or on its own\nmotion, order that a part of a sample taken under section 89 be\nsent by the enforcement agency, under whose authority the\nauthorised officer who took the sample was acting, to another\nanalyst specified by the court or agreed to by the parties.\n(2) The analyst who is sent the part of the sample for analysis must\nmake an analysis of the part for the information of the court.\n(3) Subject to section 126, the cost of the analysis must be paid by the\nenforcement agency referred to in subsection (1).\n","sortOrder":131},{"sectionNumber":"123","sectionType":"section","heading":"Right of defendant to have third person before court","content":"123 Right of defendant to have third person before court\n(1) If a defendant charged with an offence under this Act or the\nRegulations alleges that the act or omission constituting the offence\nwas due to the act or default of another person, the defendant may,\non complying with this section, have that other person brought\nbefore the court which will hear and determine the charge.\n(2) The defendant must:\n(a) at least 7 days before the return date of the summons served\non the defendant, give the informant and the court written\nnotice of his or her intention to bring the other person before\nthe court;\n\nFood Act 2004 70\n(b) include in the notice under paragraph (a) particulars of his or\nher claim that the contravention was due to the act or default\nof the other person and that the defendant exercised due\ndiligence to ensure compliance with the provisions of this Act\nor the Regulations against which the alleged offence was\ncommitted; and\n(c) lay an information against the other person for the offence he\nor she is charged with or another offence against this Act or\nthe Regulations.\n(3) If the defendant complies with subsection (2), the court must issue\na summons directed to the other person requiring the other person\nto appear before the court on the date and at the time and place\nspecified in the summons and, if that date is not the return date for\nthe original summons, must adjourn the hearing of the original\ncharge to that date or the hearing of both charges to a later date\nand notify the parties accordingly.\n(4) On hearing the charges, the original informant or his or her legal\npractitioner as well as the other person who the defendant alleges\ncommitted the offence may:\n(a) if the defendant gives evidence – cross-examine the\ndefendant;\n(b) cross-examine the witnesses called by the defendant (if any);\nand\n(c) call evidence in rebuttal.\n(5) The court:\n(a) may convict the other person if the commission of the offence\nis proved and the original defendant satisfies the court that the\nelements of the offence were constituted by the acts or\nomissions of the other person; and\n(b) must dismiss the charge against the original defendant if the\noriginal defendant satisfies the court that he or she exercised\ndue diligence to ensure compliance with the relevant provision\nof the Act or the Regulations.\n(6) This section does not operate to prevent a court ordering that\nproceedings against the other person are to be heard separately if\nthe court considers it just to do so.\n\nFood Act 2004 71\n","sortOrder":132},{"sectionNumber":"124","sectionType":"section","heading":"Alternative defendants","content":"124 Alternative defendants\n(1) If it appears to an enforcement agency that an offence against this\nAct or the Regulations has been committed and that a person is\nlikely to be charged with committing the offence but the\nenforcement agency is reasonably satisfied that:\n(a) the offence was due to the act or omission of another person;\nand\n(b) the first-mentioned person could successfully defend a\nproceeding by relying on section 123,\nthe enforcement agency may commence proceedings against the\nother person for the offence without proceedings being commenced\nagainst the first-mentioned person.\n(2) In the proceedings, the other person may be charged with the\noffence with which the first-mentioned person might have been\ncharged and, on proof that the offence was due to the acts or\nomissions of the other person, the other person may be found guilty\nof committing the offence.\n","sortOrder":133},{"sectionNumber":"125","sectionType":"section","heading":"Disclosure by witnesses","content":"125 Disclosure by witnesses\n(1) In proceedings for an offence against this Act or the Regulations, a\nwitness for the prosecution is not compelled to disclose the fact that\nthe witness received information, the nature of the information\nreceived by the witness or the name of the person from whom the\nwitness received the information.\n(2) An authorised officer appearing as a witness in proceedings for an\noffence against this Act or the Regulations is not compelled to\nproduce a document containing confidential matter made or\nreceived in his or her capacity as an authorised officer.\n(3) Despite subsections (1) and (2), if a court hearing proceedings\nreferred to in subsection (1) or (2) considers that it is just to do so,\nthe court may order the disclosure of information or the production\nof a document referred to in that subsection.\n","sortOrder":134},{"sectionNumber":"126","sectionType":"section","heading":"Court may order costs and expenses","content":"126 Court may order costs and expenses\n(1) A court that hears proceedings for an offence against this Act or the\nRegulations has power to make the orders it considers just in\nrespect of the costs and expenses of and incidental to the\nexamination, seizure, detention, storage, analysis (including further\nanalysis), destruction or other disposition of a substance or thing\nthe subject of the proceedings.\n\nFood Act 2004 72\n(2) Subsection (1) applies in addition to any other law that empowers\nthe court to award costs.\n","sortOrder":135},{"sectionNumber":"127","sectionType":"section","heading":"Court may order forfeiture","content":"127 Court may order forfeiture\nOn finding a person guilty of committing an offence against this Act\nor the Regulations, the court may order the forfeiture to the Territory\nof any substance or thing used in the commission of the offence.\n","sortOrder":136},{"sectionNumber":"128","sectionType":"section","heading":"Court may order corrective advertising","content":"128 Court may order corrective advertising\nOn finding a person guilty of committing an offence against this Act\nor the Regulations, the court may make one or both of the following\norders:\n(a) an order requiring the offender to disclose in a particular\nmanner to the public, to a particular person or to a particular\nclass of persons specified information or information of a\nspecified class which the offender possesses or to which the\noffender has access;\n(b) an order requiring the offender to publish advertisements at\nhis or her own expense and in the manner, at the times and in\nthe terms specified in the order.\n","sortOrder":137},{"sectionNumber":"129","sectionType":"section","heading":"Adoption and application of national guidelines","content":"129 Adoption and application of national guidelines\n(1) The Chief Health Officer may adopt national guidelines relating to\nthe administration of this Act.\n(2) The Chief Health Officer and other enforcement agencies and\nauthorised officers must comply with the national guidelines\nadopted under subsection (1) when exercising powers and\nperforming functions under this Act.\n(3) A person carrying out duties in the course of carrying on the\noperations of a food business must comply with the national\nguidelines adopted under subsection (1).\n\nFood Act 2004 73\n(4) In this section:\nnational guidelines means guidelines prepared by Food\nStandards Australia New Zealand.\n","sortOrder":138},{"sectionNumber":"130","sectionType":"section","heading":"Protection from liability","content":"130 Protection from liability\n(1) This section applies to a person who is or has been:\n(a) the Chief Health Officer;\n(b) the chief executive of an enforcement agency or another\nofficer or member of the staff of the enforcement agency;\n(c) a member of an enforcement agency;\n(d) an authorised officer; or\n(e) an approved analyst or a person carrying out analyses under\nthe supervision of an approved analyst.\n(2) The person is not civilly or criminally liable for an act done or\nomitted to be done by the person in good faith in the exercise or\npurported exercise of a power, or the performance or purported\nperformance of a function, under this Act.\n(3) Subsection (2) does not affect any liability the Territory would, apart\nfrom that subsection, have for the act or omission.\n(4) This section has effect subject to Part VIIA of the Police\nAdministration Act 1978 to the extent it relates to the civil liability of\nan authorised officer who is or has been a member of the Police\nForce.\n","sortOrder":139},{"sectionNumber":"131","sectionType":"section","heading":"Bribery","content":"131 Bribery\nA person must not give, procure, offer or promise a bribe,\nrecompense or reward to influence a person in the exercise of his\nor her powers or the performance of his or her functions or duties\nunder this Act.\n400 penalty units or imprisonment for\n\nFood Act 2004 74\n","sortOrder":140},{"sectionNumber":"132","sectionType":"section","heading":"Disclosure of confidential information","content":"132 Disclosure of confidential information\n(1) Subject to subsection (2), a person must not disclose information or\npublish a document or part of a document obtained by him or her in\nconnection with the administration of this Act or the Regulations\nunless the disclosure or publication is made:\n(a) with the consent of the person from whom the information or\ndocument was obtained;\n(b) in connection with the administration of this Act or the\nRegulations; or\n(c) for the purposes of legal proceedings relating to the\nadministration of this Act or the Regulations or a report of such\nproceedings.\n(2) The Chief Health Officer or an authorised officer may, if authorised\nto do so by the Minister (whether generally authorised or authorised\nfor a particular purpose) communicate to Food Standards Australia\nNew Zealand, or a person or other authority administering or\nenforcing a law of another jurisdiction that corresponds to this Act,\ninformation which comes to his or her knowledge because of the\nexercise of his or her powers, performance of his or her functions or\ndischarge of his or her duties under this Act.\n","sortOrder":141},{"sectionNumber":"133","sectionType":"section","heading":"Publication of names of offenders","content":"133 Publication of names of offenders\n(1) The Chief Health Officer may publish in the Gazette, or a\nnewspaper or other publication circulating in the Territory or a part\nof the Territory, a notice in respect of a person who is found guilty,\nor whose employee or agent is found guilty, of an offence against\nthis Act or the Regulations relating to handling or selling of food.\n(2) The notice may contain the following information:\n(a) the address of the person's place of business;\n(b) the name under which the person carries on business;\n(c) a description of the nature of the offence, the decision of the\ncourt, the penalty imposed or any forfeiture incurred;\n\nFood Act 2004 75\n(d) any other information relating to the safety of the food\nconcerned as the Chief Health Officer considers appropriate.\n(3) If the Chief Health Officer publishes a notice under subsection (1),\nhe or she must do so within 21 days after the finding of guilt is\nmade, unless the person found guilty appeals against the finding of\nguilt.\n(4) If the person appeals, the Chief Health Officer must not publish a\nnotice under this section unless a final order is made on appeal\naffirming the finding of guilt.\n(5) If the finding of guilt is affirmed by final order on appeal and the\nChief Health Officer decides to publish a notice under\nsubsection (1) in respect of the affirmed finding of guilt, the Chief\nHealth Officer must do so no later than 21 days after the final order\non appeal is made.\n(6) A person who in good faith publishes the edition of the newspaper\nor other publication in which a notice under this section is published\nincurs no liability for doing so.\n","sortOrder":142},{"sectionNumber":"134","sectionType":"section","heading":"Regulations","content":"134 Regulations\n(1) The Administrator may make regulations, not inconsistent with this\nAct, prescribing matters:\n(a) required or permitted by this Act to be prescribed; or\n(b) necessary or convenient to be prescribed for carrying out or\ngiving effect to this Act.\n(2) The Regulations may:\n(a) prescribe the fees payable in relation to matters under this Act\nor the Regulations and, in doing so, may:\n(i) prescribe different fees to apply in different\ncircumstances or areas;\n(ii) provide for the payment of a part or proportion of a fee;\n(iii) provide for the exemption of a person or a class of\npersons from the payment of a fee; or\n(iv) provide for the exemption from the payment of a fee in\nprescribed circumstances;\n(b) prescribe the time and manner for the payment of fees;\n\nFood Act 2004 76\n(c) provide for the classification of food businesses;\n(d) require the development, implementation, review and variation\nof food safety programs for a food business or a class of food\nbusinesses in accordance with Standard 3.2.1 of the Food\nStandards Code;\n(e) provide for the auditing of food safety programs to ascertain\nwhether they comply with this Act, the Regulations and the\nFood Standards Code and for the assessment of food\nbusinesses to ascertain whether they comply, and are being\nconducted in accordance with, this Act, the Regulations and\nthe Food Safety Standards, including providing for the\n(i) the determination of the frequency of the conduct of\naudits of food safety programs and assessments of food\nbusinesses;\n(ii) the making of reports of the results of an audit of a food\nsafety program or assessment of the food business;\n(iii) the contents of reports referred to in subparagraph (ii);\n(iv) the remedying of any deficiencies identified by an audit\nor assessment and follow-up procedures to check if\ndeficiencies are remedied;\n(f) provide for the approval of persons as food safety auditors by\nthe Chief Health Officer, including providing for the following:\n(i) the making of an application by a person for approval as\na food safety auditor and the form of the application;\n(ii) the matters the Chief Health Officer must consider or be\nsatisfied about when deciding whether to grant or refuse\nan application for approval;\n(iii) the term of an approval of a food safety auditor;\n(iv) the granting of approval subject to conditions;\n(v) the preparation and maintenance of a list of food safety\nauditors by the Chief Health Officer and the making of\nthe list available for inspection by the public;\n(vi) the duties, powers and functions of food safety auditors;\n\nFood Act 2004 77\n(vii) the requirement of food safety auditors to notify the Chief\nHealth Officer of all direct and indirect interests of the\nauditor in food businesses;\n(viii) the requirement that identity cards are to be issued to\nfood safety auditors and providing for the form and use\nof the identity cards;\n(ix) the variation of the conditions (if any) of an approval and\nthe suspension and cancellation of an approval;\n(x) the review by the Local Court of the merits of the\ndecisions of the Chief Health Officer relating to an\napproval of a food safety auditor;\n(xi) offences relating to obstructing or impersonating a food\nsafety auditor;\n(g) regulate, restrict or prohibit the use or sale of a substance or\nthing or a class of substances or things as food or as an\ningredient or additive in food;\n(h) require persons selling a specified class of food to provide\nspecified information in relation to the food to purchasers;\n(i) impose requirements with regard to packaging and labelling\nfood generally or a class of food;\n(j) provide for regular analysis, examination or testing of food;\n(k) provide for keeping of records relating to the handling and\nselling of food and the inspection of those records;\n(l) regulate the form and content of advertisements relating to\n(m) regulate or restrict the use of automatic food vending\nmachines;\n(n) prescribe a condition or class of conditions that may be\nimposed on the registration of a food business or renewed\nregistration of a food business;\n(o) provide for the making of reports by proprietors of food\nbusinesses relating to the operations of the food businesses;\n(p) require the provision of information, returns or reports to the\nMinister or other person or authority;\n\nFood Act 2004 78\n(q) provide for the payment of a prescribed amount instead of a\npenalty that may otherwise be imposed for an offence against\nthis Act or the Regulations, the service of a notice relating to\npayment of the amount on a person alleged to have\ncommitted the offence and the particulars to be included in the\nnotice;\n(r) designate an offence against a regulation as a regulatory\noffence; and\n(s) prescribe penalties not exceeding 100 penalty units or, if the\noffence is committed by a body corporate, 500 penalty units\nfor offences against the Regulations.\n(3) A regulation referred to in subsection (2)(c), (d), (e) or (f) may:\n(a) require a matter or thing to which it refers to be approved by or\ndone to the satisfaction of the Chief Health Officer; or\n(b) confer a discretion on the Chief Health Officer.\n","sortOrder":143},{"sectionNumber":"135","sectionType":"section","heading":"Regulations may apply, adopt or incorporate other documents","content":"135 Regulations may apply, adopt or incorporate other documents\n(1) Subject to subsection (3), the Regulations may apply, adopt or\nincorporate, whether wholly or in part or with or without\nmodification, a standard, code or other document as in force at a\nparticular date or as in force from time to time.\n(2) A standard, code or other document applied, adopted or\nincorporated under subsection (1) may refer to, apply, adopt or\nincorporate or may require a thing to be done in accordance with,\nthe whole or a specified part of a document, standard, rule,\nspecification or method formulated, issued, prescribed or published\nby another person or body, whether with or without modification or\nas in force at a particular date or as in force from time to time.\n(3) The Regulations must:\n(a) describe the subject matter of the standard, code or other\ndocument applied, adopted or incorporated under\nsubsection (1);\n(b) specify the date on which the standard, code or document\napplies or is adopted or incorporated (which may not be earlier\nthan the commencement of the Regulations); and\n(c) specify the place where and the times when a member of the\npublic may either inspect, or purchase for a reasonable fee, a\ncopy of the standard, code or document.\n\nFood Act 2004 79\n","sortOrder":144},{"sectionNumber":"136","sectionType":"section","heading":"Temporary regulations that apply in addition to or in place of","content":"136 Temporary regulations that apply in addition to or in place of\nFood Standards Code\n(1) The Administrator may make a regulation that contains a provision\nthat is in addition to, or in substitution for, a provision of the Food\nStandards Code as it applies in the Territory.\n(2) The Administrator must not make a regulation referred to in\nsubsection (1) unless the Minister certifies that the regulation is\nnecessary because it relates to public health and safety.\n(3) A regulation referred to in subsection (1) continues in force for the\nperiod not exceeding 12 months specified in the Regulations.\n","sortOrder":145},{"sectionNumber":"137","sectionType":"section","heading":"Definitions","content":"137 Definitions\nIn this Part:\nPublic Health (Eating Houses) Regulations means the Public\nHealth (Shops, Eating Houses, Boarding-houses, Hostels and\nHotels) Regulations 1960.\nrepealed Food Act means the Food Act 1986 in force before the\ncommencement of this Act.\n","sortOrder":146},{"sectionNumber":"138","sectionType":"section","heading":"Repeal","content":"138 Repeal\nThe Acts specified in the Schedule are repealed.\n","sortOrder":147},{"sectionNumber":"139","sectionType":"section","heading":"Savings: authorized officers","content":"139 Savings: authorized officers\n(1) A person who, immediately before the commencement of Part 4,\nDivision 3, was an authorized officer within the meaning of the\nrepealed Food Act is, on and after that commencement, taken to be\nan authorised officer until the period that he or she would, but for\nthat commencement, have been appointed under the repealed Act\nexpires.\n(2) This Act applies to and in relation to each authorized officer referred\nto in subsection (1) as if he or she were an authorised officer\nappointed under section 37.\n(3) Subject to the appearance of a contrary intention, a reference in\nany Act, instrument of a legislative or administrative character or\nother document to an authorized officer within the meaning of the\nrepealed Food Act is, on the commencement of Part 4, Division 3,\ntaken to be and to have effect as if it were a reference to an\n\nFood Act 2004 80\nauthorised officer.\n(4) This section does not affect the power of the Chief Health Officer to\nappoint other authorised officers under section 37.\n","sortOrder":148},{"sectionNumber":"140","sectionType":"section","heading":"Savings: analysts","content":"140 Savings: analysts\n(1) A person who, immediately before the commencement of Part 8,\nDivision 3, was an analyst within the meaning of the repealed Food\nAct is, on and after that commencement, taken to be an approved\nanalyst until the period for which he or she would, but for that\ncommencement, have been appointed under the repealed Act\nexpires.\n(2) This Act applies to and in relation to each analyst referred to in\nsubsection (1) as if he or she were an analyst approved under\nsection 94.\n(3) Subject to the appearance of a contrary intention, a reference in an\nAct, instrument of a legislative or administrative character or other\ndocument to an analyst within the meaning of the repealed Food\nAct is, on the commencement of Part 8, Division 3, taken to be and\nto have effect as if it were a reference to an approved analyst.\n(4) This section does not affect the power of the Chief Health Officer to\napprove other analysts under section 94.\n","sortOrder":149},{"sectionNumber":"141","sectionType":"section","heading":"Savings: samples taken and items seized under repealed","content":"141 Savings: samples taken and items seized under repealed\nFood Act\n(1) A sample of food obtained under section 16 of the repealed Food\nAct is, on and after the commencement of Part 8, Divisions 1 and 2:\n(a) if the sample has not been analysed – taken to be, and this\nAct applies to it and it may be dealt with under this Act as if it\nwere, a sample of food obtained under and in accordance with\nPart 8, Division 1 and submitted for analysis in accordance\nwith Part 8, Division 2; and\n(b) if the sample has been analysed – taken to have been\nanalysed under and in accordance with Part 8, Division 2 of\nthis Act, and the analyst who analysed the sample is taken to\nhave been an approved analyst and the report of that analyst\nin respect of the sample under section 20 of the repealed\nFood Act is taken to be, and this Act applies to it and it may be\ndealt with under this Act as if it were, a certificate of analysis\ngiven under and in accordance with section 93.\n(2) Subject to subsection (3), an article that was seized under the\nrepealed Food Act and was, immediately before the\n\nFood Act 2004 81\ncommencement of Part 6, being detained under the repealed Food\nAct by or at the direction of an authorized officer is, on and after\nthat commencement, taken to be, and this Act applies to it and it\nmay be dealt with under this Act as if it were, a substance or thing\nseized under Part 6, Division 1.\n(3) Any notice of the seizure and detention of an article given by an\nauthorized officer under section 24 of the repealed Food Act is, on\nand after the commencement of Part 6, taken to be and to have\neffect, and this Act applies to it and it may be dealt with under this\nAct, as if it were written notification given under and in accordance\nwith section 58.\n","sortOrder":150},{"sectionNumber":"142","sectionType":"section","heading":"Savings: registration as eating house under Public Health","content":"142 Savings: registration as eating house under Public Health\n(Eating Houses) Regulations\n(1) If, immediately before the commencement of Part 7, a certificate of\nregistration of an eating house issued under regulation 13 of the\nPublic Health (Eating Houses) Regulations was in force, on and\nafter that commencement the certificate continues in force as if it\nwere the registration of a food business until the period the\ncertificate would, but for that commencement, have been in force\nunder those Regulations expires.\n(2) This Act applies to and in relation to each certificate of registration\nreferred to in subsection (1), and the certificate may be dealt with\nunder this Act, as if it were the registration of a food business\ngranted under section 72.\n(3) Subject to the appearance of a contrary intention, a reference in\nany Act, instrument of a legislative or administrative character or\nother document to an eating house within the meaning of the\nrepealed Food Act is, on and after the commencement of this Act,\ntaken to be and to have effect as if it were a reference to a food\n","sortOrder":151},{"sectionNumber":"143","sectionType":"section","heading":"Savings: applications for registration as an eating house","content":"143 Savings: applications for registration as an eating house\nunder Public Health (Eating Houses) Regulations\nIf, immediately before the commencement of Part 7, an application\nfor registration of an eating house made under regulation 13 of the\nPublic Heath (Eating Houses) Regulations is pending, the\napplication is, on and after that commencement, taken to be an\napplication to register a food business made under and in\naccordance with section 71 and this Act applies to, and the\napplication is to be dealt with under this Act, as if it were an\napplication to register a food business.\n\nFood Act 2004 82\n","sortOrder":152},{"sectionNumber":"144","sectionType":"section","heading":"Savings: Food (Administration) Regulations 1995 and other","content":"144 Savings: Food (Administration) Regulations 1995 and other\ninstruments of legislative or administrative character\n(1) The Food (Administration) Regulations 1995 in force under the\nrepealed Food Act immediately before the commencement of this\nAct continue, on and from that commencement, to be in force as if\nthey were regulations made under and in accordance with this Act\nand apply, and may be varied, amended or repealed, as if they\nwere made under this Act.\n(2) A notice served under section 11 of the repealed Food Act in\nrespect of which a certificate referred to in section 11(2) of that Act\nhas, on the commencement of this Act, not been issued to the\nproprietor concerned or not withdrawn, continues on and after that\ncommencement to have effect and this Act applies, and the notice\nis to be dealt with under this Act, as if it were an improvement\nnotice.\n(3) A notice published in the Gazette under section 54 or 55 of the\nrepealed Food Act and in force immediately before the\ncommencement of this Act continues to have effect on and after\nthat commencement and this Act applies, and the notice may be\ndealt with under this Act, as if it were an emergency order.\n","sortOrder":153},{"sectionNumber":"145","sectionType":"section","heading":"Administrator may make regulations dealing with savings and","content":"145 Administrator may make regulations dealing with savings and\ntransitional matters\n(1) The Administrator may make regulations containing provisions of a\nsavings or transitional nature consequent on the enactment of this\nAct.\n(2) A regulation referred to in subsection (1):\n(a) has effect subject to sections 139, 140, 141, 142, 143 and 144\nbut despite any other provisions of this Act; and\n(b) may take effect from the date of assent to this Act or a later\ndate.\n(3) To the extent that a regulation referred to in subsection (2)(b) takes\neffect from a date that is earlier than the date it is notified in the\nGazette, the regulation does not operate so as to:\n(a) affect, in a manner prejudicial to a person (other than the\nTerritory or an authority of the Territory), the rights of the\nperson existing before the date it is notified; or\n(b) impose liabilities on a person (other than the Territory or an\nauthority of the Territory) in respect of anything done or\nomitted to be done before the date it is notified.\n\nPart 14 Transitional matters for Statute Law Amendment (Directors' Liability) Act 2015\nFood Act 2004 83\nPart 14 Transitional matters for Statute Law\nAmendment (Directors' Liability) Act 2015\n146 Offences – before and after commencement\n(1) Sections 114 and 114A, as inserted by the Statute Law Amendment\n(Directors' Liability) Act 2015, (the new sections) apply in relation\nto a relevant offence committed by a body corporate after the\ncommencement of Part 2, Division 13 of that Act (the\ncommencement) only if:\n(a) all the conduct constituting the relevant offence occurred after\nthe commencement; and\n(b) all the conduct of the executive officer constituting the offence\nagainst the new section occurred after the commencement.\n(2) Section 114, as in force before the commencement:\n(a) continues to apply in relation to offences committed by a body\ncorporate before the commencement; and\n(b) applies in relation to relevant offences committed by a body\ncorporate after the commencement to which, as a result of\nsubsection (1), the new sections do not apply.\n\nFood Act 2004 84\nsection 138\nFood Act 1986 Act No. 45, 1986\nFood Amendment Act 1990 Act No. 60, 1990\n\nFood Act 2004 85\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nFood Act 2004 (Act No. 20, 2004)\nAssent date 15 March 2004\nCommenced 1 July 2004 (Gaz G26, 30 June 2004, p 3)\nPolice Administration Amendment (Powers and Liability) Act 2005 (Act No. 11, 2005)\nAssent date 17 March 2005\nCommenced 20 April 2005 (Gaz G16, 20 April 2005, p 5)\nStatute Law Revision Act 2005 (Act No. 44, 2005)\nAssent date 14 December 2005\nCommenced 14 December 2005\nPublic and Environmental Health Act 2011 (Act No. 7, 2011)\nAssent date 16 March 2011\nCommenced 1 July 2011 (Gaz S28, 3 June 2011)\nPenalties Amendment (Children and Families, Health and Primary Industry, Fisheries\nand Resources) Act 2011 (Act No. 28, 2011)\nAssent date 31 August 2011\nCommenced 21 September 2011 (Gaz G38, 21 September 2011, p 4)\nStatute Law (Miscellaneous Provisions) Act 2011 (Act No. 44, 2011)\nAssent date 21 December 2011\nCommenced 27 January 2012 ((other than amdts to Darwin Port\nCorporation Act and Marine Act listed in the Sch to Act) Gaz\nS3, 27 January 2012))\nEmergency Management Act 2013 (Act No. 27, 2013)\nAssent date 8 November 2013\nCommenced 27 November 2013 (Gaz S63, 27 November 2013)\n\nFood Act 2004 86\nStatute Law Amendment (Directors' Liability) Act 2015 (Act No. 26, 2015)\nAssent date 18 September 2015\nCommenced 14 October 2015 (Gaz G41, 14 October 2015, p 3)\nLocal Court (Related Amendments) Act 2016 (Act No. 8, 2016)\nAssent date 6 April 2016\nCommenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related\nAmendments) Act 2016 (Act No. 9, 2016) and Gaz S34,\n29 April 2016)\nStatute Law Amendment (Territory Economic Reconstruction) Act 2021 (Act No. 19,\n2021)\nAssent date 31 August 2021\nCommenced pt 6: 2 October 2021; rem: 29 September 2021 (Gaz G39,\n29 September 2021, p 1)\nFood Amendment Act 2023 (Act No. 22, 2023)\nAssent date 21 September 2023\nCommenced 12 October 2023 (Gaz G21, 12 October 2023, p 1)\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1, 40, 130 and 137.\n4 LIST OF AMENDMENTS\nlt amd No. 22, 2023, s 4\ns 3 amd No. 22, 2023, s 5\ns 6 amd No. 7, 2011, s 140; No. 19, 2021, s 67; No. 22, 2023, s 6\nss 12 – 20 amd No. 28, 2011, s 4\ns 32 amd No. 28, 2011, s 4\ns 36 amd No. 19, 2021, s 68\ns 40 amd No. 27, 2013, s 128\ns 46 amd No. 28, 2011, s 4\ns 51 amd No. 8, 2016, s 45\nss 52 – 55 amd No. 28, 2011, s 4\ns 66 amd No. 8, 2016, s 45\ns 70 amd No. 28, 2011, s 4\ns 71 amd No. 28, 2011, s 4; No. 19, 2021, s 69\ns 72A ins No. 19, 2021, s 70\ns 73 amd No. 28, 2011, s 4\ns 74 amd No. 44, 2011, s 20\ns 75 amd No. 28, 2011, s 4\ns 79 amd No. 28, 2011, s 4\ns 82 amd No. 28, 2011, s 4\ns 83 amd No. 28, 2011, s 4\nsub No. 44, 2011, s 21\npt 7A hdg ins No. 22, 2023, s 7\nss 84A – 84F ins No. 22, 2023, s 7\ns 92 amd No. 19, 2021, s 71\ns 93 amd No. 19, 2021, s 72\ns 94 sub No. 19, 2021, s 73\ns 96 amd No. 28, 2011, s 4; No. 19, 2021, s 74\n\nFood Act 2004 87\ns 97 amd No. 19, 2021, s 75\ns 98 amd No. 44, 2005, s 27\ns 100 amd No. 22, 2023, s 8\ns 102 amd No. 28, 2011, s 4\nss 106 – 107 amd No. 28, 2011, s 4\ns 111 amd No. 44, 2005, s 27\ns 114 sub No. 26, 2015, s 40\ns 114A ins No. 26, 2015, s 40\ns 119 amd No. 19, 2021, s 76\ns 129 amd No. 28, 2011, s 4\ns 130 amd No. 11, 2005, s 21; No. 44, 2005, s 27\nss 131 – 132 amd No. 28, 2011, s 4\npt 14 hdg ins No. 26, 2015, s 41\ns 146 ins No. 26, 2015, s 41","sortOrder":154}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"_metrics":{"completionTokens":670},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act has expanded significantly beyond traditional food safety regulation. The original 2004 Act focused on food safety and suitability. The 2023 amendments (Food Amendment Act 2023) inserted Part 7A, creating a comprehensive 'food security' regime for remote Aboriginal communities. This adds social policy objectives (food access, affordability, nutrition, business viability) to what was originally a public health and consumer protection statute. The long title was amended to include 'security of access to food, drink and grocery items in remote communities' — a substantial broadening of scope."},"complexity_factors":["Extensive cross-referencing to the national Food Standards Code (external document not reproduced)","Multiple overlapping enforcement mechanisms: improvement notices, prohibition orders, emergency orders, criminal prosecutions, and civil compensation schemes","Nested definitions with 47+ defined terms in section 6 alone, including complex recursive definitions of 'sell' (16 sub-paragraphs)","Dual liability regime: both body corporate and executive officer liability (sections 114 and 114A with different fault elements)","Conditional logic throughout: defences that apply to some offences but not others (e.g. section 25 excludes 'mistaken belief' defence for Division 2 offences)","Part 7A food security provisions create a parallel regulatory scheme within the main Act with separate standards, guidelines, and review mechanisms","Transitional provisions spanning multiple repealed Acts and saving clauses for certificates, appointments, and pending applications"],"plain_english_summary":"This is the **Northern Territory's main food safety law**, which sets rules to ensure food sold in the NT is safe to eat and properly labelled.\n\n**What it does:**\n- **Makes it illegal** to sell or handle food in ways that make it unsafe or unsuitable for human consumption\n- **Requires food businesses to register** with the Chief Health Officer and comply with national Food Standards Code\n- **Creates special rules for remote Aboriginal communities** (Part 7A) — \"community stores\" must provide ongoing access to reasonably priced, safe food and grocery items\n- **Gives inspectors strong powers** — authorised officers can enter premises, inspect food, take samples, seize unsafe products, and issue emergency recall orders\n- **Sets up a tiered enforcement system** — from informal improvement notices, to prohibition orders that can shut down businesses, to criminal prosecutions with heavy fines (up to 1,000 penalty units or 2 years imprisonment for serious offences)\n\n**Who it affects:**\n- Anyone running a food business (restaurants, cafes, supermarkets, food trucks, vending machines)\n- Community stores in remote Aboriginal communities (special food security obligations)\n- Company directors and managers (can be personally liable for corporate offences)\n\n**Key features:**\n- **Serious offences** (knowingly selling unsafe food) carry criminal penalties\n- **Regulatory offences** (strict liability) for less serious breaches\n- **Defences available** for due diligence, mistaken belief, and food for export\n- **Emergency powers** allow immediate food recalls and public health orders\n- **Primary food production** (farming, fishing) is mostly exempt from registration requirements"},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"Yes. The Act has expanded beyond a traditional food‑safety and labelling statute. Notable additions after the original enactment include: (1) a food‑security strand directed at remote community stores (Part 7A; ss84A–84F), which creates registration conditions and standards aimed at ensuring continued access to reasonably priced and nutritionally appropriate goods for residents of remote Aboriginal communities (object at s3(d); ss84B–84C); and (2) strengthened corporate liability measures holding executive officers liable in certain corporate contraventions (ss114, 114A). The Act also contains broad regulation‑making powers (ss134–136) and emergency powers (Part 5) that increase administrative scope and discretion. Those additions materially broaden the legislative purpose from pure food‑safety regulation to include food‑security policy and expanded enforcement/ governance mechanisms."},"complexity_factors":["Lengthy Act with 14 Parts and many Divisions (Parts 1–14, multiple schedules)","Large interpretation section with numerous defined terms (ss6–11) including cross‑references to external instruments (Food Standards Code, FSANZ Act)","Extensive cross‑referencing to subordinate regulations and external standards (ss3(c), 20, 129, 134–136)","Multiple enforcement pathways and actors: Chief Health Officer, enforcement agencies, authorised officers, police (ss30–39, 33–36)","Layered offences: distinct criminal and regulatory offences with different maximum penalties and alternative verdicts (ss12–20, 29)","Complex conditional powers: emergency orders (ss41–47), recall orders (s43), improvement and prohibition regimes (Parts 9–10) with compensation and review mechanisms","Detailed procedural and evidentiary rules for sampling, analysis and prosecutions (Parts 8 and 11; ss85–93, 112–126)","Approval and oversight regimes for analysts and auditors with notice, suspension and review steps (ss94–99, s134(2)(e)–(f))","Director and executive liability provisions added later (ss114, 114A) creating corporate governance implications","Special food‑security regime for community stores (Part 7A, ss84A–84F) expanding scope and new standards/guidelines to be published","Multiple saving, transitional and delegation provisions (Parts 13–14; ss31, 145) that create temporal complexity and practical transition rules"],"plain_english_summary":"This Act creates a regulatory framework for food sold in the Northern Territory: it makes unsafe or falsely described food an offence, requires most food businesses to register, authorises inspections, sampling, seizures, improvement/prohibition orders and emergency health powers, and incorporates the Australia New Zealand Food Standards Code. It affects proprietors, employees, corporate officers, approved analysts/auditors and declared remote community stores. It matters because it protects public health and consumer information while imposing compliance, audit and liability costs—especially for small and remote operators."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/food-act-2004","history":"/api/acts/food-act-2004/history","analysis":"/api/acts/food-act-2004/analysis","conflicts":"/api/acts/food-act-2004/conflicts","importantCases":"/api/acts/food-act-2004/important-cases","documents":"/api/acts/food-act-2004/documents"}}