{"id":"qld:act-2006-003","name":"Food Act 2006","slug":"food-act-2006","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"3 of 2006","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30297,"registerId":"qld-act-2006-003-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"ch.1-pt.1","sectionType":"part","heading":"Introduction","content":"# Introduction","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Food Act 2006 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act commences on a day to be fixed by proclamation.","sortOrder":2},{"sectionNumber":"ch.1-pt.2","sectionType":"part","heading":"Application and purposes of Act","content":"# Application and purposes of Act","sortOrder":3},{"sectionNumber":"ch.1-pt.2-div.1","sectionType":"division","heading":"Application","content":"## Application","sortOrder":4},{"sectionNumber":"sec.3","sectionType":"section","heading":"Act binds all persons","content":"### sec.3 Act binds all persons\n\nThis Act binds all persons.\nHowever, this Act does not bind the State, a government owned corporation or a rail government entity under the Transport Infrastructure Act 1994 .\ns 3 amd 2013 No. 19 s 120 sch 1\n(sec.3-ssec.1) This Act binds all persons.\n(sec.3-ssec.2) However, this Act does not bind the State, a government owned corporation or a rail government entity under the Transport Infrastructure Act 1994 .","sortOrder":5},{"sectionNumber":"sec.4","sectionType":"section","heading":"Exemption from application of Act","content":"### sec.4 Exemption from application of Act\n\nThis Act does not apply to—\nthe handling or sale of food at a tuckshop operated by a parents and citizens association at a State school; or\nthe handling, at a person’s home, of food intended to be given away to a non-profit organisation for sale by the organisation.\nbaking a cake at a person’s home to give to a junior football club committee for sale by the committee at a fundraising stall\nIn this section—\nparents and citizens association see the Education (General Provisions) Act 2006 , schedule 4 .\nState school see the Education (General Provisions) Act 2006 , schedule 4 .\ns 4 amd 2006 No. 39 s 512 (1) sch 1\n(sec.4-ssec.1) This Act does not apply to— the handling or sale of food at a tuckshop operated by a parents and citizens association at a State school; or the handling, at a person’s home, of food intended to be given away to a non-profit organisation for sale by the organisation. baking a cake at a person’s home to give to a junior football club committee for sale by the committee at a fundraising stall\n(sec.4-ssec.2) In this section— parents and citizens association see the Education (General Provisions) Act 2006 , schedule 4 . State school see the Education (General Provisions) Act 2006 , schedule 4 .\n- (a) the handling or sale of food at a tuckshop operated by a parents and citizens association at a State school; or\n- (b) the handling, at a person’s home, of food intended to be given away to a non-profit organisation for sale by the organisation. Example— baking a cake at a person’s home to give to a junior football club committee for sale by the committee at a fundraising stall","sortOrder":6},{"sectionNumber":"sec.5","sectionType":"section","heading":"General application of Act to ships","content":"### sec.5 General application of Act to ships\n\nThis section states the application of this Act to ships in Queensland waters and ships in waters beyond the outer limit of Queensland waters ( other waters ).\nThis Act applies to—\na ship in Queensland waters; and\nto the extent this Act applies in other waters, for example, under the Crimes at Sea Act 2001 —a ship in other waters if the ship is travelling from a place in Queensland to a place in Queensland.\nThis Act does not apply to—\na ship in other waters if the ship is travelling from a place outside of Queensland to a place outside of Queensland; or\na ship of the Australian Defence Force or another country.\n(sec.5-ssec.1) This section states the application of this Act to ships in Queensland waters and ships in waters beyond the outer limit of Queensland waters ( other waters ).\n(sec.5-ssec.2) This Act applies to— a ship in Queensland waters; and to the extent this Act applies in other waters, for example, under the Crimes at Sea Act 2001 —a ship in other waters if the ship is travelling from a place in Queensland to a place in Queensland.\n(sec.5-ssec.3) This Act does not apply to— a ship in other waters if the ship is travelling from a place outside of Queensland to a place outside of Queensland; or a ship of the Australian Defence Force or another country.\n- (a) a ship in Queensland waters; and\n- (b) to the extent this Act applies in other waters, for example, under the Crimes at Sea Act 2001 —a ship in other waters if the ship is travelling from a place in Queensland to a place in Queensland.\n- (a) a ship in other waters if the ship is travelling from a place outside of Queensland to a place outside of Queensland; or\n- (b) a ship of the Australian Defence Force or another country.","sortOrder":7},{"sectionNumber":"sec.6","sectionType":"section","heading":"How Act affects particular rights and remedies","content":"### sec.6 How Act affects particular rights and remedies\n\nNo provision of this Act creates a civil cause of action based on a contravention of the provision.\nThis Act does not affect or limit a civil right or remedy that exists apart from this Act, whether at common law or otherwise.\nWithout limiting subsection (2) , compliance with this Act does not necessarily show that a civil obligation that exists apart from this Act has been satisfied or has not been breached.\n(sec.6-ssec.1) No provision of this Act creates a civil cause of action based on a contravention of the provision.\n(sec.6-ssec.2) This Act does not affect or limit a civil right or remedy that exists apart from this Act, whether at common law or otherwise.\n(sec.6-ssec.3) Without limiting subsection (2) , compliance with this Act does not necessarily show that a civil obligation that exists apart from this Act has been satisfied or has not been breached.","sortOrder":8},{"sectionNumber":"sec.7","sectionType":"section","heading":"Act not affected by Food Production (Safety) Act 2000","content":"### sec.7 Act not affected by Food Production (Safety) Act 2000\n\nThe Food Production (Safety) Act 2000 is additional to, and does not limit, this Act.","sortOrder":9},{"sectionNumber":"ch.1-pt.2-div.2","sectionType":"division","heading":"Purposes of Act","content":"## Purposes of Act","sortOrder":10},{"sectionNumber":"sec.8","sectionType":"section","heading":"Main purposes","content":"### sec.8 Main purposes\n\nThe main purposes of this Act are as follows—\nto ensure food for sale is safe and suitable for human consumption;\nto prevent misleading conduct relating to the sale of food;\nto apply the food standards code.\n- (a) to ensure food for sale is safe and suitable for human consumption;\n- (b) to prevent misleading conduct relating to the sale of food;\n- (c) to apply the food standards code.","sortOrder":11},{"sectionNumber":"sec.9","sectionType":"section","heading":"How main purposes are primarily achieved","content":"### sec.9 How main purposes are primarily achieved\n\nThe main purposes are to be achieved primarily by—\nproviding for the licensing of particular food businesses; and\nrequiring particular licensees to have an accredited food safety program; and\nproviding for the accreditation and auditing of food safety programs; and\nproviding for the display of nutritional information for food; and\nproviding for the monitoring and enforcement of compliance with this Act and the food standards code.\ns 9 amd 2016 No. 8 s 3\n- (a) providing for the licensing of particular food businesses; and\n- (b) requiring particular licensees to have an accredited food safety program; and\n- (c) providing for the accreditation and auditing of food safety programs; and\n- (d) providing for the display of nutritional information for food; and\n- (e) providing for the monitoring and enforcement of compliance with this Act and the food standards code.","sortOrder":12},{"sectionNumber":"ch.1-pt.3","sectionType":"part","heading":"Interpretation","content":"# Interpretation","sortOrder":13},{"sectionNumber":"ch.1-pt.3-div.1","sectionType":"division","heading":"Dictionary and notes in text","content":"## Dictionary and notes in text","sortOrder":14},{"sectionNumber":"sec.10","sectionType":"section","heading":"Definitions","content":"### sec.10 Definitions\n\nThe dictionary in schedule 3 defines particular words used in this Act.","sortOrder":15},{"sectionNumber":"sec.11","sectionType":"section","heading":"Notes in text","content":"### sec.11 Notes in text\n\nA note in the text of this Act is part of the Act .","sortOrder":16},{"sectionNumber":"ch.1-pt.3-div.2","sectionType":"division","heading":"Particular definitions","content":"## Particular definitions","sortOrder":17},{"sectionNumber":"sec.12","sectionType":"section","heading":"Meaning of food","content":"### sec.12 Meaning of food\n\nFood includes—\na substance or thing of a kind used, or represented as being for use, for human consumption (whether it is raw, prepared or partly prepared); and\na substance or thing of a kind used, or represented as being for use, as an ingredient or additive in a substance or thing mentioned in paragraph (a) ; and\na substance used in preparing a substance or thing mentioned in paragraph (a) if it comes into direct contact with the substance or thing mentioned in that paragraph, including, for example, a processing aid; and\nchewing gum or an ingredient or additive in chewing gum, or a substance used in preparing chewing gum; and\nwater, other than reticulated water, that is—\nfor sale by retail (whether it is packaged for sale or not); and\nintended for human consumption; and\nwater that is carried in bulk in a vehicle and intended for human consumption, regardless of the source of the water; and\na reticulated water supply system\nreticulated water on premises where a food business is carried on; and\na substance or thing declared to be a food under a declaration in force under the Food Standards Australia New Zealand Act 1991 (Cwlth) , section 3B ;\nwhether or not the substance, thing, chewing gum or water is in a condition fit for human consumption.\nHowever, food does not include a therapeutic good within the meaning of the Therapeutic Goods Act 1989 (Cwlth) .\n(sec.12-ssec.1) Food includes— a substance or thing of a kind used, or represented as being for use, for human consumption (whether it is raw, prepared or partly prepared); and a substance or thing of a kind used, or represented as being for use, as an ingredient or additive in a substance or thing mentioned in paragraph (a) ; and a substance used in preparing a substance or thing mentioned in paragraph (a) if it comes into direct contact with the substance or thing mentioned in that paragraph, including, for example, a processing aid; and chewing gum or an ingredient or additive in chewing gum, or a substance used in preparing chewing gum; and water, other than reticulated water, that is— for sale by retail (whether it is packaged for sale or not); and intended for human consumption; and water that is carried in bulk in a vehicle and intended for human consumption, regardless of the source of the water; and a reticulated water supply system reticulated water on premises where a food business is carried on; and a substance or thing declared to be a food under a declaration in force under the Food Standards Australia New Zealand Act 1991 (Cwlth) , section 3B ; whether or not the substance, thing, chewing gum or water is in a condition fit for human consumption.\n(sec.12-ssec.2) However, food does not include a therapeutic good within the meaning of the Therapeutic Goods Act 1989 (Cwlth) .\n- (a) a substance or thing of a kind used, or represented as being for use, for human consumption (whether it is raw, prepared or partly prepared); and\n- (b) a substance or thing of a kind used, or represented as being for use, as an ingredient or additive in a substance or thing mentioned in paragraph (a) ; and\n- (c) a substance used in preparing a substance or thing mentioned in paragraph (a) if it comes into direct contact with the substance or thing mentioned in that paragraph, including, for example, a processing aid; and\n- (d) chewing gum or an ingredient or additive in chewing gum, or a substance used in preparing chewing gum; and\n- (e) water, other than reticulated water, that is— (i) for sale by retail (whether it is packaged for sale or not); and (ii) intended for human consumption; and\n- (i) for sale by retail (whether it is packaged for sale or not); and\n- (ii) intended for human consumption; and\n- (f) water that is carried in bulk in a vehicle and intended for human consumption, regardless of the source of the water; and Example of a source of water— a reticulated water supply system\n- (g) reticulated water on premises where a food business is carried on; and\n- (h) a substance or thing declared to be a food under a declaration in force under the Food Standards Australia New Zealand Act 1991 (Cwlth) , section 3B ;\n- (i) for sale by retail (whether it is packaged for sale or not); and\n- (ii) intended for human consumption; and","sortOrder":18},{"sectionNumber":"sec.13","sectionType":"section","heading":"Meaning of food business","content":"### sec.13 Meaning of food business\n\nFood business means a business, enterprise or activity that involves—\nthe handling of food intended for sale; or\nthe sale of food;\nregardless of whether the business, enterprise or activity concerned is of a commercial, charitable or community nature and whether it involves the handling or sale of food on 1 occasion only.\n- (a) the handling of food intended for sale; or\n- (b) the sale of food;","sortOrder":19},{"sectionNumber":"sec.14","sectionType":"section","heading":"Meaning of food standards code","content":"### sec.14 Meaning of food standards code\n\nSubject to subsection (2) , food standards code means the Australia New Zealand Food Standards Code as defined in the Food Standards Australia New Zealand Act 1991 (Cwlth) .\nIn applying the food standards code for this Act—\nthe code applies with the changes—\nstated in schedule 2 ; or\nprescribed under a regulation made under section 278 (2) (a) ; and\nA regulation made under section 278 (2) (a) expires 1 year after it is made.\nstandard 3.2.1, clause 4 of standard 3.2.2, standard 3.3.1 and chapter 4 of the code do not apply.\ns 14 amd 2011 No. 41 s 4\n(sec.14-ssec.1) Subject to subsection (2) , food standards code means the Australia New Zealand Food Standards Code as defined in the Food Standards Australia New Zealand Act 1991 (Cwlth) .\n(sec.14-ssec.2) In applying the food standards code for this Act— the code applies with the changes— stated in schedule 2 ; or prescribed under a regulation made under section 278 (2) (a) ; and A regulation made under section 278 (2) (a) expires 1 year after it is made. standard 3.2.1, clause 4 of standard 3.2.2, standard 3.3.1 and chapter 4 of the code do not apply.\n- (a) the code applies with the changes— (i) stated in schedule 2 ; or (ii) prescribed under a regulation made under section 278 (2) (a) ; and Note— A regulation made under section 278 (2) (a) expires 1 year after it is made.\n- (i) stated in schedule 2 ; or\n- (ii) prescribed under a regulation made under section 278 (2) (a) ; and Note— A regulation made under section 278 (2) (a) expires 1 year after it is made.\n- (b) standard 3.2.1, clause 4 of standard 3.2.2, standard 3.3.1 and chapter 4 of the code do not apply.\n- (i) stated in schedule 2 ; or\n- (ii) prescribed under a regulation made under section 278 (2) (a) ; and Note— A regulation made under section 278 (2) (a) expires 1 year after it is made.","sortOrder":20},{"sectionNumber":"sec.15","sectionType":"section","heading":"Meaning of handling of food","content":"### sec.15 Meaning of handling of food\n\nHandling , of food, includes the making, manufacturing, producing, collecting, extracting, processing, storing, transporting, delivering, preparing, treating, preserving, packing, cooking, thawing, serving and displaying of food.","sortOrder":21},{"sectionNumber":"sec.16","sectionType":"section","heading":"Meaning of manufacture","content":"### sec.16 Meaning of manufacture\n\nManufacture , in relation to food, includes the following—\nmaking food by combining ingredients;\nproducing frozen meals in a factory\nproducing cake mixes\nsignificantly changing the condition or nature of food by any process;\nmilling flour\npeeling, cutting and freezing vegetables\nbottling or canning food, including, for example, bottling water or canning fruit;\npacking unpackaged food, other than unprocessed primary produce;\npacking bulk ground coffee into packages for retail sale\nmaking ice.\nHowever, manufacture , in relation to food, does not include the following—\npreparing food at a particular place for retail sale at the place, including sale for immediate consumption;\npreparing food at a restaurant for sale to a person dining in the restaurant\npreparing and packing sandwiches in a package at a cafe for retail sale at the cafe\npreparing food for a food business that involves off-site catering;\nmaking ice at a particular place for use at the place;\nchanging the condition of food merely by changing its temperature.\n(sec.16-ssec.1) Manufacture , in relation to food, includes the following— making food by combining ingredients; producing frozen meals in a factory producing cake mixes significantly changing the condition or nature of food by any process; milling flour peeling, cutting and freezing vegetables bottling or canning food, including, for example, bottling water or canning fruit; packing unpackaged food, other than unprocessed primary produce; packing bulk ground coffee into packages for retail sale making ice.\n(sec.16-ssec.2) However, manufacture , in relation to food, does not include the following— preparing food at a particular place for retail sale at the place, including sale for immediate consumption; preparing food at a restaurant for sale to a person dining in the restaurant preparing and packing sandwiches in a package at a cafe for retail sale at the cafe preparing food for a food business that involves off-site catering; making ice at a particular place for use at the place; changing the condition of food merely by changing its temperature.\n- (a) making food by combining ingredients; Examples— • producing frozen meals in a factory • producing cake mixes\n- • producing frozen meals in a factory\n- • producing cake mixes\n- (b) significantly changing the condition or nature of food by any process; Examples— • milling flour • peeling, cutting and freezing vegetables\n- • milling flour\n- • peeling, cutting and freezing vegetables\n- (c) bottling or canning food, including, for example, bottling water or canning fruit;\n- (d) packing unpackaged food, other than unprocessed primary produce; Example— packing bulk ground coffee into packages for retail sale\n- (e) making ice.\n- • producing frozen meals in a factory\n- • producing cake mixes\n- • milling flour\n- • peeling, cutting and freezing vegetables\n- (a) preparing food at a particular place for retail sale at the place, including sale for immediate consumption; Examples— • preparing food at a restaurant for sale to a person dining in the restaurant • preparing and packing sandwiches in a package at a cafe for retail sale at the cafe\n- • preparing food at a restaurant for sale to a person dining in the restaurant\n- • preparing and packing sandwiches in a package at a cafe for retail sale at the cafe\n- (b) preparing food for a food business that involves off-site catering;\n- (c) making ice at a particular place for use at the place;\n- (d) changing the condition of food merely by changing its temperature.\n- • preparing food at a restaurant for sale to a person dining in the restaurant\n- • preparing and packing sandwiches in a package at a cafe for retail sale at the cafe","sortOrder":22},{"sectionNumber":"sec.17","sectionType":"section","heading":"Meaning of off-site catering","content":"### sec.17 Meaning of off-site catering\n\nOff-site catering , in relation to a food business, means serving potentially hazardous food at a place other than the principal place of business for the food business.\nOff-site catering does not include—\nmerely delivering food under an arrangement with, or on the order of, a consumer; or\ndelivering pizzas from a takeaway pizza shop\nthe sale of food from mobile premises or temporary premises.\nthe sale of ice-creams from a mobile ice-cream van\n(sec.17-ssec.1) Off-site catering , in relation to a food business, means serving potentially hazardous food at a place other than the principal place of business for the food business.\n(sec.17-ssec.2) Off-site catering does not include— merely delivering food under an arrangement with, or on the order of, a consumer; or delivering pizzas from a takeaway pizza shop the sale of food from mobile premises or temporary premises. the sale of ice-creams from a mobile ice-cream van\n- (a) merely delivering food under an arrangement with, or on the order of, a consumer; or Example— delivering pizzas from a takeaway pizza shop\n- (b) the sale of food from mobile premises or temporary premises. Example— the sale of ice-creams from a mobile ice-cream van","sortOrder":23},{"sectionNumber":"sec.18","sectionType":"section","heading":"Meaning of on-site catering","content":"### sec.18 Meaning of on-site catering\n\nOn-site catering , in relation to a food business, means preparing and serving potentially hazardous food, to all consumers of the food at the premises from which the business is carried on, under an agreement under which the food is—\nof a predetermined type; and\nfor a predetermined number of persons; and\nserved at a predetermined time; and\nfor a predetermined cost.\nOn-site catering does not include—\npreparing and serving food at an eating establishment; or\nmerely preparing and displaying food for self-service by consumers.\npreparing food for consumption from a buffet at a restaurant\nIn this section—\neating establishment means a restaurant, cafe or similar food business that involves the preparation and service of food on the order of a person for immediate consumption by the person.\n(sec.18-ssec.1) On-site catering , in relation to a food business, means preparing and serving potentially hazardous food, to all consumers of the food at the premises from which the business is carried on, under an agreement under which the food is— of a predetermined type; and for a predetermined number of persons; and served at a predetermined time; and for a predetermined cost.\n(sec.18-ssec.2) On-site catering does not include— preparing and serving food at an eating establishment; or merely preparing and displaying food for self-service by consumers. preparing food for consumption from a buffet at a restaurant\n(sec.18-ssec.3) In this section— eating establishment means a restaurant, cafe or similar food business that involves the preparation and service of food on the order of a person for immediate consumption by the person.\n- (a) of a predetermined type; and\n- (b) for a predetermined number of persons; and\n- (c) served at a predetermined time; and\n- (d) for a predetermined cost.\n- (a) preparing and serving food at an eating establishment; or\n- (b) merely preparing and displaying food for self-service by consumers. Example for paragraph (b) — preparing food for consumption from a buffet at a restaurant","sortOrder":24},{"sectionNumber":"sec.19","sectionType":"section","heading":"Meaning of sell","content":"### sec.19 Meaning of sell\n\nSell includes—\nbarter, offer or attempt to sell; and\nreceive for sale; and\nhave in possession for sale; and\ndisplay for sale; and\ncause or permit to be sold or offered for sale; and\nsend, forward or deliver for sale; and\ndispose of in any way for valuable consideration; and\ndispose of to an agent for sale on consignment; and\nprovide under a contract of service; and\nin relation to food, supply the food as a meal or part of a meal to an employee, under a term of an award governing the employment of the employee or a term of the employee’s contract of service, for consumption by the employee at the employee’s place of work; and\ndispose of by way of raffle, lottery or other game of chance; and\noffer as a prize or reward; and\ngive away for the purpose of advertisement or in furtherance of trade or business; and\nin relation to food, supply the food under a contract (whether or not the contract is made with the consumer of the food), together with accommodation, service or entertainment, in consideration of an inclusive charge for the food supplied and the accommodation, service or entertainment; and\nin relation to food, give the food away, from a food business, to a person; and\nsell for the purpose of resale.\nHowever, sell does not include, in relation to food—\nprepare the food at a private residence, and supply it at the residence, to a person employed at the residence for consumption by the person; or\npreparing and supplying meals to a live-in gardener or housekeeper\nprepare the food at a private residence and supply it at the residence for a fee.\npreparing and supplying food at a family home to a student boarding in the home\npreparing and supplying food at the home of a person with a disability as part of a home support service for the person\nFor this Act, food or equipment that is displayed for the purpose of being offered as a prize or reward, or given away for the purpose of advertisement or in the furtherance of trade or business, is taken to have been displayed for sale by the owner of the food or equipment.\nIn this section—\nbed and breakfast facility means premises from which a food business providing accommodation and breakfast for guests is carried on, if the person who carries on the business lives at the premises.\nfarmstay premises means premises on a farm, other than a bed and breakfast facility, at which paying guests of the farm are given food and accommodation.\nprivate residence does not include the following—\npremises in which a residential service under the Residential Services (Accreditation) Act 2002 is conducted;\npremises in which residential care within the meaning of the Aged Care Act 1997 (Cwlth) is provided;\nfarmstay premises;\na bed and breakfast facility.\n(sec.19-ssec.1) Sell includes— barter, offer or attempt to sell; and receive for sale; and have in possession for sale; and display for sale; and cause or permit to be sold or offered for sale; and send, forward or deliver for sale; and dispose of in any way for valuable consideration; and dispose of to an agent for sale on consignment; and provide under a contract of service; and in relation to food, supply the food as a meal or part of a meal to an employee, under a term of an award governing the employment of the employee or a term of the employee’s contract of service, for consumption by the employee at the employee’s place of work; and dispose of by way of raffle, lottery or other game of chance; and offer as a prize or reward; and give away for the purpose of advertisement or in furtherance of trade or business; and in relation to food, supply the food under a contract (whether or not the contract is made with the consumer of the food), together with accommodation, service or entertainment, in consideration of an inclusive charge for the food supplied and the accommodation, service or entertainment; and in relation to food, give the food away, from a food business, to a person; and sell for the purpose of resale.\n(sec.19-ssec.2) However, sell does not include, in relation to food— prepare the food at a private residence, and supply it at the residence, to a person employed at the residence for consumption by the person; or preparing and supplying meals to a live-in gardener or housekeeper prepare the food at a private residence and supply it at the residence for a fee. preparing and supplying food at a family home to a student boarding in the home preparing and supplying food at the home of a person with a disability as part of a home support service for the person\n(sec.19-ssec.3) For this Act, food or equipment that is displayed for the purpose of being offered as a prize or reward, or given away for the purpose of advertisement or in the furtherance of trade or business, is taken to have been displayed for sale by the owner of the food or equipment.\n(sec.19-ssec.4) In this section— bed and breakfast facility means premises from which a food business providing accommodation and breakfast for guests is carried on, if the person who carries on the business lives at the premises. farmstay premises means premises on a farm, other than a bed and breakfast facility, at which paying guests of the farm are given food and accommodation. private residence does not include the following— premises in which a residential service under the Residential Services (Accreditation) Act 2002 is conducted; premises in which residential care within the meaning of the Aged Care Act 1997 (Cwlth) is provided; farmstay premises; a bed and breakfast facility.\n- (a) barter, offer or attempt to sell; and\n- (b) receive for sale; and\n- (c) have in possession for sale; and\n- (d) display for sale; and\n- (e) cause or permit to be sold or offered for sale; and\n- (f) send, forward or deliver for sale; and\n- (g) dispose of in any way for valuable consideration; and\n- (h) dispose of to an agent for sale on consignment; and\n- (i) provide under a contract of service; and\n- (j) in relation to food, supply the food as a meal or part of a meal to an employee, under a term of an award governing the employment of the employee or a term of the employee’s contract of service, for consumption by the employee at the employee’s place of work; and\n- (k) dispose of by way of raffle, lottery or other game of chance; and\n- (l) offer as a prize or reward; and\n- (m) give away for the purpose of advertisement or in furtherance of trade or business; and\n- (n) in relation to food, supply the food under a contract (whether or not the contract is made with the consumer of the food), together with accommodation, service or entertainment, in consideration of an inclusive charge for the food supplied and the accommodation, service or entertainment; and\n- (o) in relation to food, give the food away, from a food business, to a person; and\n- (p) sell for the purpose of resale.\n- (a) prepare the food at a private residence, and supply it at the residence, to a person employed at the residence for consumption by the person; or Example— preparing and supplying meals to a live-in gardener or housekeeper\n- (b) prepare the food at a private residence and supply it at the residence for a fee. Examples— • preparing and supplying food at a family home to a student boarding in the home • preparing and supplying food at the home of a person with a disability as part of a home support service for the person\n- • preparing and supplying food at a family home to a student boarding in the home\n- • preparing and supplying food at the home of a person with a disability as part of a home support service for the person\n- • preparing and supplying food at a family home to a student boarding in the home\n- • preparing and supplying food at the home of a person with a disability as part of a home support service for the person\n- (a) premises in which a residential service under the Residential Services (Accreditation) Act 2002 is conducted;\n- (b) premises in which residential care within the meaning of the Aged Care Act 1997 (Cwlth) is provided;\n- (c) farmstay premises;\n- (d) a bed and breakfast facility.","sortOrder":25},{"sectionNumber":"sec.20","sectionType":"section","heading":"Meaning of unsafe food","content":"### sec.20 Meaning of unsafe food\n\nFood is unsafe at a particular time if it would be likely to cause physical harm to a person who might later consume it, assuming—\nit was, after that particular time and before being consumed by the person, properly subjected to all processes, if any, that are relevant to its reasonable intended use; and\nnothing happened to it after that particular time and before being consumed by the person that would prevent its being used for its reasonable intended use; and\nit was consumed by the person according to its reasonable intended use.\nHowever, food is not unsafe merely because its inherent nutritional or chemical properties cause, or its inherent nature causes, adverse reactions only in persons with allergies or sensitivities that are not common to the majority of persons.\nIn subsection (l)—\nprocesses include processes involving storage and preparation.\n(sec.20-ssec.1) Food is unsafe at a particular time if it would be likely to cause physical harm to a person who might later consume it, assuming— it was, after that particular time and before being consumed by the person, properly subjected to all processes, if any, that are relevant to its reasonable intended use; and nothing happened to it after that particular time and before being consumed by the person that would prevent its being used for its reasonable intended use; and it was consumed by the person according to its reasonable intended use.\n(sec.20-ssec.2) However, food is not unsafe merely because its inherent nutritional or chemical properties cause, or its inherent nature causes, adverse reactions only in persons with allergies or sensitivities that are not common to the majority of persons.\n(sec.20-ssec.3) In subsection (l)— processes include processes involving storage and preparation.\n- (a) it was, after that particular time and before being consumed by the person, properly subjected to all processes, if any, that are relevant to its reasonable intended use; and\n- (b) nothing happened to it after that particular time and before being consumed by the person that would prevent its being used for its reasonable intended use; and\n- (c) it was consumed by the person according to its reasonable intended use.","sortOrder":26},{"sectionNumber":"sec.21","sectionType":"section","heading":"Meaning of unsuitable food","content":"### sec.21 Meaning of unsuitable food\n\nFood is unsuitable if it is food that—\nis damaged, deteriorated or perished to an extent that affects its reasonable intended use; or\ncontains a damaged, deteriorated or perished substance that affects its reasonable intended use; or\nis the product of a diseased animal, or an animal that has died other than by slaughter, and has not been declared under an Act to be safe for human consumption; or\ncontains a biological or chemical agent, or other matter or substance, that is foreign to the nature of the food.\nHowever, food is not unsuitable merely because—\nit contains an agricultural or veterinary chemical in an amount that does not contravene the food standards code; or\nit contains a metal or non-metal contaminant (within the meaning of the food standards code) in an amount that does not contravene the permitted level for the contaminant as stated in the food standards code; or\nit contains a matter or substance that is permitted by the food standards code.\nIn this section—\nanimal includes an amphibian, bird, crustacean, fish, mollusc and reptile.\nslaughter , of an animal, includes the killing of an animal in the process of capturing, taking or harvesting it for the purposes of preparing it for use as food.\n(sec.21-ssec.1) Food is unsuitable if it is food that— is damaged, deteriorated or perished to an extent that affects its reasonable intended use; or contains a damaged, deteriorated or perished substance that affects its reasonable intended use; or is the product of a diseased animal, or an animal that has died other than by slaughter, and has not been declared under an Act to be safe for human consumption; or contains a biological or chemical agent, or other matter or substance, that is foreign to the nature of the food.\n(sec.21-ssec.2) However, food is not unsuitable merely because— it contains an agricultural or veterinary chemical in an amount that does not contravene the food standards code; or it contains a metal or non-metal contaminant (within the meaning of the food standards code) in an amount that does not contravene the permitted level for the contaminant as stated in the food standards code; or it contains a matter or substance that is permitted by the food standards code.\n(sec.21-ssec.3) In this section— animal includes an amphibian, bird, crustacean, fish, mollusc and reptile. slaughter , of an animal, includes the killing of an animal in the process of capturing, taking or harvesting it for the purposes of preparing it for use as food.\n- (a) is damaged, deteriorated or perished to an extent that affects its reasonable intended use; or\n- (b) contains a damaged, deteriorated or perished substance that affects its reasonable intended use; or\n- (c) is the product of a diseased animal, or an animal that has died other than by slaughter, and has not been declared under an Act to be safe for human consumption; or\n- (d) contains a biological or chemical agent, or other matter or substance, that is foreign to the nature of the food.\n- (a) it contains an agricultural or veterinary chemical in an amount that does not contravene the food standards code; or\n- (b) it contains a metal or non-metal contaminant (within the meaning of the food standards code) in an amount that does not contravene the permitted level for the contaminant as stated in the food standards code; or\n- (c) it contains a matter or substance that is permitted by the food standards code.","sortOrder":27},{"sectionNumber":"ch.1-pt.4","sectionType":"part","heading":"Roles of the State and local governments","content":"# Roles of the State and local governments","sortOrder":28},{"sectionNumber":"sec.22","sectionType":"section","heading":"Provisions that are administered only by the State","content":"### sec.22 Provisions that are administered only by the State\n\nThe following provisions of this Act are to be administered and enforced by the State and not by local governments—\nsections 34 , 37 , 38 and 39 (2) to (4) ;\nchapter 5 ;\nsection 159 ;\nchapter 6A ;\nchapter 7 , part 4 .\nThis section is subject to section 25 .\ns 22 amd 2016 No. 8 s 4\n(sec.22-ssec.1) The following provisions of this Act are to be administered and enforced by the State and not by local governments— sections 34 , 37 , 38 and 39 (2) to (4) ; chapter 5 ; section 159 ; chapter 6A ; chapter 7 , part 4 .\n(sec.22-ssec.2) This section is subject to section 25 .\n- (a) sections 34 , 37 , 38 and 39 (2) to (4) ;\n- (b) chapter 5 ;\n- (c) section 159 ;\n- (d) chapter 6A ;\n- (e) chapter 7 , part 4 .","sortOrder":29},{"sectionNumber":"sec.23","sectionType":"section","heading":"Provisions that are administered only by local governments","content":"### sec.23 Provisions that are administered only by local governments\n\nThe following provisions of this Act are to be administered and enforced by local governments and not by the State—\nsection 39 (1) ;\nchapters 3 and 4;\nchapter 6 , other than section 159 .\nThis section is subject to section 25 .\n(sec.23-ssec.1) The following provisions of this Act are to be administered and enforced by local governments and not by the State— section 39 (1) ; chapters 3 and 4; chapter 6 , other than section 159 .\n(sec.23-ssec.2) This section is subject to section 25 .\n- (a) section 39 (1) ;\n- (b) chapters 3 and 4;\n- (c) chapter 6 , other than section 159 .","sortOrder":30},{"sectionNumber":"sec.24","sectionType":"section","heading":"Provisions that are administered by both State and local governments","content":"### sec.24 Provisions that are administered by both State and local governments\n\nSections 32 , 33 , 35 and 36 are to be administered and enforced by the State and local governments.","sortOrder":31},{"sectionNumber":"sec.25","sectionType":"section","heading":"When State and local governments administer this Act in partnership","content":"### sec.25 When State and local governments administer this Act in partnership\n\nThe chief executive officer of a local government and the chief executive may agree that—\nthe State do a thing in the administration or enforcement of this Act for a matter mentioned in section 23 (1) ; or\nthe local government do a thing in the administration or enforcement of this Act for a matter mentioned in section 22 (1) .\nFor subsection (1) (a) , the chief executive may perform functions and exercise powers for this Act for a matter mentioned in section 23 (1) .\nFor subsection (1) (b) , the chief executive officer may perform functions and exercise powers for this Act for a matter mentioned in section 22 (1) .\n(sec.25-ssec.1) The chief executive officer of a local government and the chief executive may agree that— the State do a thing in the administration or enforcement of this Act for a matter mentioned in section 23 (1) ; or the local government do a thing in the administration or enforcement of this Act for a matter mentioned in section 22 (1) .\n(sec.25-ssec.2) For subsection (1) (a) , the chief executive may perform functions and exercise powers for this Act for a matter mentioned in section 23 (1) .\n(sec.25-ssec.3) For subsection (1) (b) , the chief executive officer may perform functions and exercise powers for this Act for a matter mentioned in section 22 (1) .\n- (a) the State do a thing in the administration or enforcement of this Act for a matter mentioned in section 23 (1) ; or\n- (b) the local government do a thing in the administration or enforcement of this Act for a matter mentioned in section 22 (1) .","sortOrder":32},{"sectionNumber":"sec.26","sectionType":"section","heading":"Action by the State if local government does not administer and enforce this Act","content":"### sec.26 Action by the State if local government does not administer and enforce this Act\n\nSubsection (2) applies if the chief executive—\nis satisfied a local government has not done, or sufficiently done, a thing in the administration or enforcement of this Act for a matter mentioned in section 23 (1) ; and\nis reasonably of the opinion that doing the thing is necessary—\nto reduce a significant risk associated with the sale of unsafe or unsuitable food; or\nto prevent a significant risk to public health or safety recurring.\nThe chief executive may do the thing and the reasonable costs and expenses incurred by the chief executive are a debt payable by the local government to the State.\nFor subsection (1) (b) , in forming an opinion about whether there is a significant risk associated with the sale of unsafe or unsuitable food, or to public health or safety, the chief executive must have regard to—\nthe potential consequences to the health of individuals; and\nthe number of persons likely to be exposed to the risk.\nFor this section, the chief executive may perform functions and exercise powers for this Act for a matter mentioned in section 23 (1) .\n(sec.26-ssec.1) Subsection (2) applies if the chief executive— is satisfied a local government has not done, or sufficiently done, a thing in the administration or enforcement of this Act for a matter mentioned in section 23 (1) ; and is reasonably of the opinion that doing the thing is necessary— to reduce a significant risk associated with the sale of unsafe or unsuitable food; or to prevent a significant risk to public health or safety recurring.\n(sec.26-ssec.2) The chief executive may do the thing and the reasonable costs and expenses incurred by the chief executive are a debt payable by the local government to the State.\n(sec.26-ssec.3) For subsection (1) (b) , in forming an opinion about whether there is a significant risk associated with the sale of unsafe or unsuitable food, or to public health or safety, the chief executive must have regard to— the potential consequences to the health of individuals; and the number of persons likely to be exposed to the risk.\n(sec.26-ssec.4) For this section, the chief executive may perform functions and exercise powers for this Act for a matter mentioned in section 23 (1) .\n- (a) is satisfied a local government has not done, or sufficiently done, a thing in the administration or enforcement of this Act for a matter mentioned in section 23 (1) ; and\n- (b) is reasonably of the opinion that doing the thing is necessary— (i) to reduce a significant risk associated with the sale of unsafe or unsuitable food; or (ii) to prevent a significant risk to public health or safety recurring.\n- (i) to reduce a significant risk associated with the sale of unsafe or unsuitable food; or\n- (ii) to prevent a significant risk to public health or safety recurring.\n- (i) to reduce a significant risk associated with the sale of unsafe or unsuitable food; or\n- (ii) to prevent a significant risk to public health or safety recurring.\n- (a) the potential consequences to the health of individuals; and\n- (b) the number of persons likely to be exposed to the risk.","sortOrder":33},{"sectionNumber":"sec.27","sectionType":"section","heading":"Procedure before taking action under s 26","content":"### sec.27 Procedure before taking action under s 26\n\nBefore the chief executive does a thing under section 26 (2) , the chief executive must—\nconsult with the chief executive officer of the local government; and\ngive the local government a reasonable opportunity to do the thing.\n- (a) consult with the chief executive officer of the local government; and\n- (b) give the local government a reasonable opportunity to do the thing.","sortOrder":34},{"sectionNumber":"sec.28","sectionType":"section","heading":"State may require report from local government","content":"### sec.28 State may require report from local government\n\nThis section applies to a matter under this Act administered and enforced—\nby both the State and local governments under section 24 or 25 ; or\nby local governments only.\nThe chief executive, by notice, may ask a local government to give the chief executive information about the local government’s administration and enforcement of the matter within a stated reasonable time.\nThe local government must comply with the request.\nHowever, before giving notice under this section, the chief executive must consult with the chief executive officer of the local government.\n(sec.28-ssec.1) This section applies to a matter under this Act administered and enforced— by both the State and local governments under section 24 or 25 ; or by local governments only.\n(sec.28-ssec.2) The chief executive, by notice, may ask a local government to give the chief executive information about the local government’s administration and enforcement of the matter within a stated reasonable time.\n(sec.28-ssec.3) The local government must comply with the request.\n(sec.28-ssec.4) However, before giving notice under this section, the chief executive must consult with the chief executive officer of the local government.\n- (a) by both the State and local governments under section 24 or 25 ; or\n- (b) by local governments only.","sortOrder":35},{"sectionNumber":"sec.29","sectionType":"section","heading":"Chief executive may give report to local government","content":"### sec.29 Chief executive may give report to local government\n\nThe chief executive may give a local government a report about the administration of this Act by the chief executive and local governments.\nThe report may contain information the chief executive considers appropriate, including, for example, information about the licensing of food businesses, or enforcement, under this Act.\nThe chief executive may give the report when the chief executive considers it appropriate.\n(sec.29-ssec.1) The chief executive may give a local government a report about the administration of this Act by the chief executive and local governments.\n(sec.29-ssec.2) The report may contain information the chief executive considers appropriate, including, for example, information about the licensing of food businesses, or enforcement, under this Act.\n(sec.29-ssec.3) The chief executive may give the report when the chief executive considers it appropriate.","sortOrder":36},{"sectionNumber":"sec.30","sectionType":"section","heading":"Local laws relating to purposes of Act","content":"### sec.30 Local laws relating to purposes of Act\n\nA local government must not make a local law about a matter relating to the purposes of this Act unless it is necessary to make the law to carry out or give effect to the local government’s administration or enforcement of the Act .","sortOrder":37},{"sectionNumber":"sec.31","sectionType":"section","heading":"Fees payable to local governments","content":"### sec.31 Fees payable to local governments\n\nA local government may make a resolution or local law about the fees payable to it for providing a service or taking action under this Act.\nFor a fee for providing a service or taking action, a resolution or local law under subsection (1) may only prescribe a fee that is not more than the cost to the local government of providing the service or taking the action.\n(sec.31-ssec.1) A local government may make a resolution or local law about the fees payable to it for providing a service or taking action under this Act.\n(sec.31-ssec.2) For a fee for providing a service or taking action, a resolution or local law under subsection (1) may only prescribe a fee that is not more than the cost to the local government of providing the service or taking the action.","sortOrder":38},{"sectionNumber":"ch.2-pt.1","sectionType":"part","heading":"Serious offences relating to food","content":"# Serious offences relating to food","sortOrder":39},{"sectionNumber":"sec.32","sectionType":"section","heading":"Handling of food in unsafe way","content":"### sec.32 Handling of food in unsafe way\n\nA person must not handle food intended for sale in a way that the person knows, or reasonably ought to know, will make, or is likely to make, the food unsafe.\nMaximum penalty—1,000 penalty units or 2 years imprisonment.\nThis provision is an executive liability provision—see section 260 .\ns 32 amd 2008 No. 66 s 4 sch pt 1 ; 2013 No. 51 s 229 sch 1","sortOrder":40},{"sectionNumber":"sec.33","sectionType":"section","heading":"Sale of unsafe food","content":"### sec.33 Sale of unsafe food\n\nA person must not sell food that the person knows, or reasonably ought to know, is unsafe.\nMaximum penalty—1,000 penalty units or 2 years imprisonment.\nThis provision is an executive liability provision—see section 260 .\ns 33 amd 2008 No. 66 s 4 sch pt 1 ; 2013 No. 51 s 229 sch 1","sortOrder":41},{"sectionNumber":"sec.34","sectionType":"section","heading":"False description of food","content":"### sec.34 False description of food\n\nA person must not cause food intended for sale to be falsely described if the person knows, or reasonably ought to know, that a consumer of the food who relies on the description will, or is likely to, suffer physical harm.\nMaximum penalty—1,000 penalty units or 2 years imprisonment.\nThis provision is an executive liability provision—see section 260 .\nA person must not sell food that the person knows, or reasonably ought to know, is falsely described and will, or is likely to, cause physical harm to a consumer of the food who relies on the description.\nMaximum penalty—1,000 penalty units or 2 years imprisonment.\nThis provision is an executive liability provision—see section 260 .\ns 34 amd 2008 No. 66 s 4 sch pt 1 ; 2013 No. 51 s 229 sch 1\n(sec.34-ssec.1) A person must not cause food intended for sale to be falsely described if the person knows, or reasonably ought to know, that a consumer of the food who relies on the description will, or is likely to, suffer physical harm. Maximum penalty—1,000 penalty units or 2 years imprisonment. This provision is an executive liability provision—see section 260 .\n(sec.34-ssec.2) A person must not sell food that the person knows, or reasonably ought to know, is falsely described and will, or is likely to, cause physical harm to a consumer of the food who relies on the description. Maximum penalty—1,000 penalty units or 2 years imprisonment. This provision is an executive liability provision—see section 260 .","sortOrder":42},{"sectionNumber":"ch.2-pt.2","sectionType":"part","heading":"Other offences relating to food","content":"# Other offences relating to food","sortOrder":43},{"sectionNumber":"sec.35","sectionType":"section","heading":"Handling and sale of unsafe food","content":"### sec.35 Handling and sale of unsafe food\n\nA person must not handle food intended for sale in a way that will make, or is likely to make, the food unsafe.\nMaximum penalty—500 penalty units.\nThis provision is an executive liability provision—see section 260 .\nA person must not sell food that is unsafe.\nMaximum penalty—500 penalty units.\nThis provision is an executive liability provision—see section 260 .\ns 35 amd 2008 No. 66 s 4 sch pt 1 ; 2013 No. 51 s 229 sch 1\n(sec.35-ssec.1) A person must not handle food intended for sale in a way that will make, or is likely to make, the food unsafe. Maximum penalty—500 penalty units. This provision is an executive liability provision—see section 260 .\n(sec.35-ssec.2) A person must not sell food that is unsafe. Maximum penalty—500 penalty units. This provision is an executive liability provision—see section 260 .","sortOrder":44},{"sectionNumber":"sec.36","sectionType":"section","heading":"Handling and sale of unsuitable food","content":"### sec.36 Handling and sale of unsuitable food\n\nA person must not handle food intended for sale in a way that will make, or is likely to make, the food unsuitable.\nMaximum penalty—400 penalty units.\nThis provision is an executive liability provision—see section 260 .\nA person must not sell food that is unsuitable.\nMaximum penalty—400 penalty units.\nThis provision is an executive liability provision—see section 260 .\nFor the purposes of this section, it is immaterial whether the food concerned is safe.\ns 36 amd 2008 No. 66 s 4 sch pt 1 ; 2013 No. 51 s 229 sch 1\n(sec.36-ssec.1) A person must not handle food intended for sale in a way that will make, or is likely to make, the food unsuitable. Maximum penalty—400 penalty units. This provision is an executive liability provision—see section 260 .\n(sec.36-ssec.2) A person must not sell food that is unsuitable. Maximum penalty—400 penalty units. This provision is an executive liability provision—see section 260 .\n(sec.36-ssec.3) For the purposes of this section, it is immaterial whether the food concerned is safe.","sortOrder":45},{"sectionNumber":"sec.37","sectionType":"section","heading":"Misleading conduct relating to sale of food","content":"### sec.37 Misleading conduct relating to sale of food\n\nA person must not, in the course of carrying on a food business, engage in conduct that is misleading or deceptive or is likely to mislead or deceive in relation to the advertising, packaging or labelling of food intended for sale or the sale of food.\nMaximum penalty—500 penalty units.\nThis provision is an executive liability provision—see section 260 .\nA person must not, for the purpose of effecting or promoting the sale of food in the course of carrying on a food business, cause the food to be advertised, packaged or labelled in a way that falsely describes the food.\nMaximum penalty—500 penalty units.\nThis provision is an executive liability provision—see section 260 .\nA person must not, in the course of carrying on a food business, sell food that is packaged or labelled in a way that falsely describes the food.\nMaximum penalty—500 penalty units.\nThis provision is an executive liability provision—see section 260 .\nNeither subsection (2) nor (3) limits the generality of subsection (1) .\ns 37 amd 2008 No. 66 s 4 sch pt 1 ; 2013 No. 51 s 229 sch 1\n(sec.37-ssec.1) A person must not, in the course of carrying on a food business, engage in conduct that is misleading or deceptive or is likely to mislead or deceive in relation to the advertising, packaging or labelling of food intended for sale or the sale of food. Maximum penalty—500 penalty units. This provision is an executive liability provision—see section 260 .\n(sec.37-ssec.2) A person must not, for the purpose of effecting or promoting the sale of food in the course of carrying on a food business, cause the food to be advertised, packaged or labelled in a way that falsely describes the food. Maximum penalty—500 penalty units. This provision is an executive liability provision—see section 260 .\n(sec.37-ssec.3) A person must not, in the course of carrying on a food business, sell food that is packaged or labelled in a way that falsely describes the food. Maximum penalty—500 penalty units. This provision is an executive liability provision—see section 260 .\n(sec.37-ssec.4) Neither subsection (2) nor (3) limits the generality of subsection (1) .","sortOrder":46},{"sectionNumber":"sec.38","sectionType":"section","heading":"Sale of unfit equipment or packaging or labelling material","content":"### sec.38 Sale of unfit equipment or packaging or labelling material\n\nA person must not sell equipment that, if used for the purposes for which it was designed or intended to be used—\nwould make or be likely to make food unsafe; or\nwould put other equipment, or would be likely to put other equipment, in a condition that, if the other equipment were used for the purposes for which it was designed or intended to be used, it would make, or be likely to make, food unsafe.\nMaximum penalty—500 penalty units.\nThis provision is an executive liability provision—see section 260 .\nA person must not sell packaging or labelling material that, if used for the purposes for which it was designed or intended to be used, would make or be likely to make food unsafe.\nMaximum penalty—500 penalty units.\nThis provision is an executive liability provision—see section 260 .\ns 38 amd 2008 No. 66 s 4 sch pt 1 ; 2013 No. 51 s 229 sch 1\n(sec.38-ssec.1) A person must not sell equipment that, if used for the purposes for which it was designed or intended to be used— would make or be likely to make food unsafe; or would put other equipment, or would be likely to put other equipment, in a condition that, if the other equipment were used for the purposes for which it was designed or intended to be used, it would make, or be likely to make, food unsafe. Maximum penalty—500 penalty units. This provision is an executive liability provision—see section 260 .\n(sec.38-ssec.2) A person must not sell packaging or labelling material that, if used for the purposes for which it was designed or intended to be used, would make or be likely to make food unsafe. Maximum penalty—500 penalty units. This provision is an executive liability provision—see section 260 .\n- (a) would make or be likely to make food unsafe; or\n- (b) would put other equipment, or would be likely to put other equipment, in a condition that, if the other equipment were used for the purposes for which it was designed or intended to be used, it would make, or be likely to make, food unsafe.","sortOrder":47},{"sectionNumber":"sec.39","sectionType":"section","heading":"Compliance with food standards code","content":"### sec.39 Compliance with food standards code\n\nA person must comply with a requirement imposed on the person by a provision of the food standards code in relation to the conduct of a food business or to food intended for sale or food for sale.\nMaximum penalty—500 penalty units.\nThis provision is an executive liability provision—see section 260 .\nA person must not sell food that does not comply with a requirement of the food standards code that relates to the food.\nMaximum penalty—500 penalty units.\nThis provision is an executive liability provision—see section 260 .\nA person must not sell or advertise food that is packaged or labelled in a way that contravenes a provision of the food standards code.\nMaximum penalty—500 penalty units.\nThis provision is an executive liability provision—see section 260 .\nA person must not sell or advertise for sale food in a way that contravenes a provision of the food standards code.\nMaximum penalty—500 penalty units.\nThis provision is an executive liability provision—see section 260 .\ns 39 amd 2008 No. 66 s 4 sch pt 1 ; 2013 No. 51 s 229 sch 1\n(sec.39-ssec.1) A person must comply with a requirement imposed on the person by a provision of the food standards code in relation to the conduct of a food business or to food intended for sale or food for sale. Maximum penalty—500 penalty units. This provision is an executive liability provision—see section 260 .\n(sec.39-ssec.2) A person must not sell food that does not comply with a requirement of the food standards code that relates to the food. Maximum penalty—500 penalty units. This provision is an executive liability provision—see section 260 .\n(sec.39-ssec.3) A person must not sell or advertise food that is packaged or labelled in a way that contravenes a provision of the food standards code. Maximum penalty—500 penalty units. This provision is an executive liability provision—see section 260 .\n(sec.39-ssec.4) A person must not sell or advertise for sale food in a way that contravenes a provision of the food standards code. Maximum penalty—500 penalty units. This provision is an executive liability provision—see section 260 .","sortOrder":48},{"sectionNumber":"sec.40","sectionType":"section","heading":"False descriptions of food","content":"### sec.40 False descriptions of food\n\nFor this chapter, food that is falsely described includes food to which any 1 or more of the following paragraphs applies—\nthe food is represented as being of a particular nature or substance for which there is a prescribed standard under the food standards code and the food does not comply with that prescribed standard;\nthe food is represented as being of a particular nature or substance and it contains, or is mixed or diluted with, any substance in a quantity or proportion that significantly diminishes its food value or nutritive properties as compared with food of the represented nature or substance;\nthe food is represented as being of a particular nature or substance and it contains, or is mixed or diluted with, a substance of lower commercial value than food of the represented nature or substance;\nthe food is represented as being of a particular nature or substance and a constituent of the food has been wholly or partly removed so that its properties are diminished as compared with food of the represented nature or substance;\na word, statement, device or design used in the packaging or labelling of the food, or in an advertisement for the food, would create a false impression about the nature or substance of the food, or the commercial value of the food, in the mind of a reasonable person;\nthe food is not of the nature or substance represented by the way in which it is packaged, labelled or offered for sale.\nWithout limiting the application of subsection (1) of this section to section 34 (2) , food is falsely described for the purposes of section 34 (2) if it is supplied in response to a purchaser’s request for a particular type of food or a food that does not contain a particular ingredient, and the food is not of that type or contains that ingredient.\n(sec.40-ssec.1) For this chapter, food that is falsely described includes food to which any 1 or more of the following paragraphs applies— the food is represented as being of a particular nature or substance for which there is a prescribed standard under the food standards code and the food does not comply with that prescribed standard; the food is represented as being of a particular nature or substance and it contains, or is mixed or diluted with, any substance in a quantity or proportion that significantly diminishes its food value or nutritive properties as compared with food of the represented nature or substance; the food is represented as being of a particular nature or substance and it contains, or is mixed or diluted with, a substance of lower commercial value than food of the represented nature or substance; the food is represented as being of a particular nature or substance and a constituent of the food has been wholly or partly removed so that its properties are diminished as compared with food of the represented nature or substance; a word, statement, device or design used in the packaging or labelling of the food, or in an advertisement for the food, would create a false impression about the nature or substance of the food, or the commercial value of the food, in the mind of a reasonable person; the food is not of the nature or substance represented by the way in which it is packaged, labelled or offered for sale.\n(sec.40-ssec.2) Without limiting the application of subsection (1) of this section to section 34 (2) , food is falsely described for the purposes of section 34 (2) if it is supplied in response to a purchaser’s request for a particular type of food or a food that does not contain a particular ingredient, and the food is not of that type or contains that ingredient.\n- (a) the food is represented as being of a particular nature or substance for which there is a prescribed standard under the food standards code and the food does not comply with that prescribed standard;\n- (b) the food is represented as being of a particular nature or substance and it contains, or is mixed or diluted with, any substance in a quantity or proportion that significantly diminishes its food value or nutritive properties as compared with food of the represented nature or substance;\n- (c) the food is represented as being of a particular nature or substance and it contains, or is mixed or diluted with, a substance of lower commercial value than food of the represented nature or substance;\n- (d) the food is represented as being of a particular nature or substance and a constituent of the food has been wholly or partly removed so that its properties are diminished as compared with food of the represented nature or substance;\n- (e) a word, statement, device or design used in the packaging or labelling of the food, or in an advertisement for the food, would create a false impression about the nature or substance of the food, or the commercial value of the food, in the mind of a reasonable person;\n- (f) the food is not of the nature or substance represented by the way in which it is packaged, labelled or offered for sale.","sortOrder":49},{"sectionNumber":"sec.41","sectionType":"section","heading":"Application of provisions outside the State","content":"### sec.41 Application of provisions outside the State\n\nFor this chapter, it does not matter that the food concerned was sold or intended for sale outside the State.","sortOrder":50},{"sectionNumber":"ch.2-pt.3","sectionType":"part","heading":"Defences","content":"# Defences","sortOrder":51},{"sectionNumber":"sec.42","sectionType":"section","heading":"Defence relating to publication of advertisements","content":"### sec.42 Defence relating to publication of advertisements\n\nIn proceedings for an offence under this chapter in relation to the publication of an advertisement, it is a defence for a person to prove that—\nthe person carried on the business of publishing or arranging for the publication of advertisements; and\nthe person published or arranged for the publication of the advertisement concerned in the ordinary course of that business.\nSubsection (1) does not apply if the person—\nshould reasonably have known that the publication of the advertisement was an offence; or\nis the proprietor of a food business or is otherwise engaged in the conduct of a food business for which the advertisement was published; or\nhad previously been informed in writing by the chief executive that publication of an advertisement of that type would constitute an offence.\n(sec.42-ssec.1) In proceedings for an offence under this chapter in relation to the publication of an advertisement, it is a defence for a person to prove that— the person carried on the business of publishing or arranging for the publication of advertisements; and the person published or arranged for the publication of the advertisement concerned in the ordinary course of that business.\n(sec.42-ssec.2) Subsection (1) does not apply if the person— should reasonably have known that the publication of the advertisement was an offence; or is the proprietor of a food business or is otherwise engaged in the conduct of a food business for which the advertisement was published; or had previously been informed in writing by the chief executive that publication of an advertisement of that type would constitute an offence.\n- (a) the person carried on the business of publishing or arranging for the publication of advertisements; and\n- (b) the person published or arranged for the publication of the advertisement concerned in the ordinary course of that business.\n- (a) should reasonably have known that the publication of the advertisement was an offence; or\n- (b) is the proprietor of a food business or is otherwise engaged in the conduct of a food business for which the advertisement was published; or\n- (c) had previously been informed in writing by the chief executive that publication of an advertisement of that type would constitute an offence.","sortOrder":52},{"sectionNumber":"sec.43","sectionType":"section","heading":"Defence relating to food for export","content":"### sec.43 Defence relating to food for export\n\nIn proceedings for an offence under this chapter involving a contravention of a provision of the food standards code in relation to food, it is a defence for a person to prove that—\nthe food concerned is to be exported to another country; and\nthe food complies with the laws in force at the time of the alleged offence in the place to which the food is to be exported being laws that deal with the same subject matter as the provision of the food standards code concerned.\nThis section does not apply to food that was originally intended for export but was sold in the State.\n(sec.43-ssec.1) In proceedings for an offence under this chapter involving a contravention of a provision of the food standards code in relation to food, it is a defence for a person to prove that— the food concerned is to be exported to another country; and the food complies with the laws in force at the time of the alleged offence in the place to which the food is to be exported being laws that deal with the same subject matter as the provision of the food standards code concerned.\n(sec.43-ssec.2) This section does not apply to food that was originally intended for export but was sold in the State.\n- (a) the food concerned is to be exported to another country; and\n- (b) the food complies with the laws in force at the time of the alleged offence in the place to which the food is to be exported being laws that deal with the same subject matter as the provision of the food standards code concerned.","sortOrder":53},{"sectionNumber":"sec.44","sectionType":"section","heading":"Defence of due diligence","content":"### sec.44 Defence of due diligence\n\nIn proceedings for an offence under this chapter, it is a defence for a person to prove that the person exercised all due diligence to prevent the commission of the offence by the person or by another person under the person’s control.\nWithout limiting the ways in which a person may satisfy the requirements of subsection (1) , a person satisfies those requirements if it is proved—\nthat the commission of the offence was due to—\nan act or default of another person; or\nreliance on information supplied by another person; and\nthat—\nthe person carried out all checks of the food concerned as were reasonable in all the circumstances; or\nit was reasonable in all the circumstances to rely on checks carried out by the person who supplied the food concerned to the person; and\nthat the person did not import the food into the State from another country; and\nif the offence involves the sale of food, that—\nthe person sold the food in the same condition as when the person purchased it; or\nthe person sold the food in a different condition to that in which the person purchased it, but that the difference did not result in a contravention of this Act.\nWithout limiting the ways in which a person may satisfy the requirements of subsection (1) or (2) (b) (i) , a person may satisfy those requirements by proving that the person complied with—\nan accredited food safety program; or\na scheme (for example, a quality assurance program or an industry code of practice) that was—\ndesigned to manage food safety hazards and based on Australian national or international standards, codes or guidelines designed for that purpose; and\ndocumented in some way.\nIn subsection (2) (a) —\nanother person does not include a person who was—\nan employee or agent of the defendant; or\nin the case of a defendant that is a body corporate, a director, employee or agent of the defendant.\n(sec.44-ssec.1) In proceedings for an offence under this chapter, it is a defence for a person to prove that the person exercised all due diligence to prevent the commission of the offence by the person or by another person under the person’s control.\n(sec.44-ssec.2) Without limiting the ways in which a person may satisfy the requirements of subsection (1) , a person satisfies those requirements if it is proved— that the commission of the offence was due to— an act or default of another person; or reliance on information supplied by another person; and that— the person carried out all checks of the food concerned as were reasonable in all the circumstances; or it was reasonable in all the circumstances to rely on checks carried out by the person who supplied the food concerned to the person; and that the person did not import the food into the State from another country; and if the offence involves the sale of food, that— the person sold the food in the same condition as when the person purchased it; or the person sold the food in a different condition to that in which the person purchased it, but that the difference did not result in a contravention of this Act.\n(sec.44-ssec.3) Without limiting the ways in which a person may satisfy the requirements of subsection (1) or (2) (b) (i) , a person may satisfy those requirements by proving that the person complied with— an accredited food safety program; or a scheme (for example, a quality assurance program or an industry code of practice) that was— designed to manage food safety hazards and based on Australian national or international standards, codes or guidelines designed for that purpose; and documented in some way.\n(sec.44-ssec.4) In subsection (2) (a) — another person does not include a person who was— an employee or agent of the defendant; or in the case of a defendant that is a body corporate, a director, employee or agent of the defendant.\n- (a) that the commission of the offence was due to— (i) an act or default of another person; or (ii) reliance on information supplied by another person; and\n- (i) an act or default of another person; or\n- (ii) reliance on information supplied by another person; and\n- (b) that— (i) the person carried out all checks of the food concerned as were reasonable in all the circumstances; or (ii) it was reasonable in all the circumstances to rely on checks carried out by the person who supplied the food concerned to the person; and\n- (i) the person carried out all checks of the food concerned as were reasonable in all the circumstances; or\n- (ii) it was reasonable in all the circumstances to rely on checks carried out by the person who supplied the food concerned to the person; and\n- (c) that the person did not import the food into the State from another country; and\n- (d) if the offence involves the sale of food, that— (i) the person sold the food in the same condition as when the person purchased it; or (ii) the person sold the food in a different condition to that in which the person purchased it, but that the difference did not result in a contravention of this Act.\n- (i) the person sold the food in the same condition as when the person purchased it; or\n- (ii) the person sold the food in a different condition to that in which the person purchased it, but that the difference did not result in a contravention of this Act.\n- (i) an act or default of another person; or\n- (ii) reliance on information supplied by another person; and\n- (i) the person carried out all checks of the food concerned as were reasonable in all the circumstances; or\n- (ii) it was reasonable in all the circumstances to rely on checks carried out by the person who supplied the food concerned to the person; and\n- (i) the person sold the food in the same condition as when the person purchased it; or\n- (ii) the person sold the food in a different condition to that in which the person purchased it, but that the difference did not result in a contravention of this Act.\n- (a) an accredited food safety program; or\n- (b) a scheme (for example, a quality assurance program or an industry code of practice) that was— (i) designed to manage food safety hazards and based on Australian national or international standards, codes or guidelines designed for that purpose; and (ii) documented in some way.\n- (i) designed to manage food safety hazards and based on Australian national or international standards, codes or guidelines designed for that purpose; and\n- (ii) documented in some way.\n- (i) designed to manage food safety hazards and based on Australian national or international standards, codes or guidelines designed for that purpose; and\n- (ii) documented in some way.\n- (a) an employee or agent of the defendant; or\n- (b) in the case of a defendant that is a body corporate, a director, employee or agent of the defendant.","sortOrder":54},{"sectionNumber":"sec.45","sectionType":"section","heading":"Disapplication of Criminal Code , ss 23 and 24","content":"### sec.45 Disapplication of Criminal Code , ss 23 and 24\n\nThe Criminal Code , section 23 , does not apply to an offence under this chapter.\nThe Criminal Code , section 24 , does not apply to an offence under part 2 .\n(sec.45-ssec.1) The Criminal Code , section 23 , does not apply to an offence under this chapter.\n(sec.45-ssec.2) The Criminal Code , section 24 , does not apply to an offence under part 2 .","sortOrder":55},{"sectionNumber":"sec.46","sectionType":"section","heading":"Defence relating to handling food","content":"### sec.46 Defence relating to handling food\n\nIn proceedings for an offence under section 32 , 35 (1) or 36 (1) , it is a defence for a person to prove that the person caused the food to which the offence relates to be destroyed or otherwise disposed of immediately after the food was handled in the way that was likely to make it unsafe or unsuitable.","sortOrder":56},{"sectionNumber":"sec.47","sectionType":"section","heading":"Defence relating to sale of unfit equipment or packaging or labelling material","content":"### sec.47 Defence relating to sale of unfit equipment or packaging or labelling material\n\nIn proceedings for an offence under section 38 (1) or (2) , it is a defence for a person to prove that the person reasonably believed that the equipment or material concerned was not intended for use in connection with the handling of food.","sortOrder":57},{"sectionNumber":"ch.3-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":58},{"sectionNumber":"sec.48","sectionType":"section","heading":"Meaning of licensable food business","content":"### sec.48 Meaning of licensable food business\n\nLicensable food business means a food business that—\ninvolves the manufacture of food; or\nis carried on by an entity other than a non-profit organisation and involves the sale of unpackaged food by retail; or\na restaurant or delicatessen\na catering business\na takeaway pizza shop\na motel supplying meals with accommodation\na food business that involves selling hamburgers from a motor vehicle or unpackaged food from a food vending machine\nis carried on by a non-profit organisation and involves the sale, on at least 12 days each financial year, of meals prepared by the organisation at a particular place.\na restaurant, open daily to the public, operated by a sporting club to raise revenue for the club\na non-profit organisation preparing and selling meals to homeless persons at a homeless persons’ hostel\nthe preparation of meals by Meals on Wheels\nHowever, a licensable food business does not include a food business that consists only of 1 or more of the following—\nthe production of primary produce under an accreditation granted under the Food Production (Safety) Act 2000 , part 5 ;\nthe sale of unpackaged snack food;\nthe sale of whole fruit or vegetables;\nthe sale of seeds, spices, dried herbs, tea leaves, coffee beans or ground coffee;\nthe grinding of coffee beans;\nthe sale of drinks (other than fruit or vegetable juice processed at the place of sale) including, for example, tea, coffee, soft drinks and alcoholic drinks;\nthe sale of ice including flavoured ice;\nthe sale of meals by a non-profit organisation if—\nthe meal consists only of fruit, cereal, toast, or similar food; or\nthe consumer of the meal helps to prepare it;\nthe sale of meals by a non-profit organisation that—\nare pre-prepared by an entity other than the organisation; and\nare stored and heated or otherwise prepared by the organisation in accordance with directions of the meal’s manufacturer;\nthe sale of a frozen meal, at the canteen of an independent school, after the meal is microwaved in accordance with instructions on the meal’s packaging\nthe sale by a non-profit organisation of a meal prepared as part of an educational or training activity conducted by the organisation involving food preparation, hospitality or catering;\nthe sale of other food prescribed under a regulation.\nIn this section—\nsnack food means any of the following food that is not potentially hazardous food—\nbiscuits or cakes;\nconfectionery, corn chips, potato chips or nuts;\ndried or glazed fruit;\nother food prescribed under a regulation.\ns 48 amd 2011 No. 41 s 6\n(sec.48-ssec.1) Licensable food business means a food business that— involves the manufacture of food; or is carried on by an entity other than a non-profit organisation and involves the sale of unpackaged food by retail; or a restaurant or delicatessen a catering business a takeaway pizza shop a motel supplying meals with accommodation a food business that involves selling hamburgers from a motor vehicle or unpackaged food from a food vending machine is carried on by a non-profit organisation and involves the sale, on at least 12 days each financial year, of meals prepared by the organisation at a particular place. a restaurant, open daily to the public, operated by a sporting club to raise revenue for the club a non-profit organisation preparing and selling meals to homeless persons at a homeless persons’ hostel the preparation of meals by Meals on Wheels\n(sec.48-ssec.2) However, a licensable food business does not include a food business that consists only of 1 or more of the following— the production of primary produce under an accreditation granted under the Food Production (Safety) Act 2000 , part 5 ; the sale of unpackaged snack food; the sale of whole fruit or vegetables; the sale of seeds, spices, dried herbs, tea leaves, coffee beans or ground coffee; the grinding of coffee beans; the sale of drinks (other than fruit or vegetable juice processed at the place of sale) including, for example, tea, coffee, soft drinks and alcoholic drinks; the sale of ice including flavoured ice; the sale of meals by a non-profit organisation if— the meal consists only of fruit, cereal, toast, or similar food; or the consumer of the meal helps to prepare it; the sale of meals by a non-profit organisation that— are pre-prepared by an entity other than the organisation; and are stored and heated or otherwise prepared by the organisation in accordance with directions of the meal’s manufacturer; the sale of a frozen meal, at the canteen of an independent school, after the meal is microwaved in accordance with instructions on the meal’s packaging the sale by a non-profit organisation of a meal prepared as part of an educational or training activity conducted by the organisation involving food preparation, hospitality or catering; the sale of other food prescribed under a regulation.\n(sec.48-ssec.3) In this section— snack food means any of the following food that is not potentially hazardous food— biscuits or cakes; confectionery, corn chips, potato chips or nuts; dried or glazed fruit; other food prescribed under a regulation.\n- (a) involves the manufacture of food; or\n- (b) is carried on by an entity other than a non-profit organisation and involves the sale of unpackaged food by retail; or Examples— • a restaurant or delicatessen • a catering business • a takeaway pizza shop • a motel supplying meals with accommodation • a food business that involves selling hamburgers from a motor vehicle or unpackaged food from a food vending machine\n- • a restaurant or delicatessen\n- • a catering business\n- • a takeaway pizza shop\n- • a motel supplying meals with accommodation\n- • a food business that involves selling hamburgers from a motor vehicle or unpackaged food from a food vending machine\n- (c) is carried on by a non-profit organisation and involves the sale, on at least 12 days each financial year, of meals prepared by the organisation at a particular place. Examples— • a restaurant, open daily to the public, operated by a sporting club to raise revenue for the club • a non-profit organisation preparing and selling meals to homeless persons at a homeless persons’ hostel • the preparation of meals by Meals on Wheels\n- • a restaurant, open daily to the public, operated by a sporting club to raise revenue for the club\n- • a non-profit organisation preparing and selling meals to homeless persons at a homeless persons’ hostel\n- • the preparation of meals by Meals on Wheels\n- • a restaurant or delicatessen\n- • a catering business\n- • a takeaway pizza shop\n- • a motel supplying meals with accommodation\n- • a food business that involves selling hamburgers from a motor vehicle or unpackaged food from a food vending machine\n- • a restaurant, open daily to the public, operated by a sporting club to raise revenue for the club\n- • a non-profit organisation preparing and selling meals to homeless persons at a homeless persons’ hostel\n- • the preparation of meals by Meals on Wheels\n- (a) the production of primary produce under an accreditation granted under the Food Production (Safety) Act 2000 , part 5 ;\n- (b) the sale of unpackaged snack food;\n- (c) the sale of whole fruit or vegetables;\n- (d) the sale of seeds, spices, dried herbs, tea leaves, coffee beans or ground coffee;\n- (e) the grinding of coffee beans;\n- (f) the sale of drinks (other than fruit or vegetable juice processed at the place of sale) including, for example, tea, coffee, soft drinks and alcoholic drinks;\n- (g) the sale of ice including flavoured ice;\n- (h) the sale of meals by a non-profit organisation if— (i) the meal consists only of fruit, cereal, toast, or similar food; or (ii) the consumer of the meal helps to prepare it;\n- (i) the meal consists only of fruit, cereal, toast, or similar food; or\n- (ii) the consumer of the meal helps to prepare it;\n- (i) the sale of meals by a non-profit organisation that— (i) are pre-prepared by an entity other than the organisation; and (ii) are stored and heated or otherwise prepared by the organisation in accordance with directions of the meal’s manufacturer; Example— the sale of a frozen meal, at the canteen of an independent school, after the meal is microwaved in accordance with instructions on the meal’s packaging\n- (i) are pre-prepared by an entity other than the organisation; and\n- (ii) are stored and heated or otherwise prepared by the organisation in accordance with directions of the meal’s manufacturer;\n- (j) the sale by a non-profit organisation of a meal prepared as part of an educational or training activity conducted by the organisation involving food preparation, hospitality or catering;\n- (k) the sale of other food prescribed under a regulation.\n- (i) the meal consists only of fruit, cereal, toast, or similar food; or\n- (ii) the consumer of the meal helps to prepare it;\n- (i) are pre-prepared by an entity other than the organisation; and\n- (ii) are stored and heated or otherwise prepared by the organisation in accordance with directions of the meal’s manufacturer;\n- (a) biscuits or cakes;\n- (b) confectionery, corn chips, potato chips or nuts;\n- (c) dried or glazed fruit;\n- (d) other food prescribed under a regulation.","sortOrder":59},{"sectionNumber":"ch.3-pt.2","sectionType":"part","heading":"Offences about carrying on licensable food businesses","content":"# Offences about carrying on licensable food businesses","sortOrder":60},{"sectionNumber":"sec.49","sectionType":"section","heading":"Licence required to carry on licensable food business","content":"### sec.49 Licence required to carry on licensable food business\n\nA person must not carry on a licensable food business unless the person holds a licence to carry on the business.\nMaximum penalty—1,000 penalty units.\nThis provision is an executive liability provision—see section 260 .\ns 49 amd 2013 No. 51 s 229 sch 1","sortOrder":61},{"sectionNumber":"sec.50","sectionType":"section","heading":"Where licensee may carry on licensable food business","content":"### sec.50 Where licensee may carry on licensable food business\n\nA licensee must not carry on a licensable food business from premises other than premises stated in the licence for carrying on the business.\nMaximum penalty—500 penalty units.\nIf a corporation commits an offence against this provision, each executive officer of the corporation may be taken, under section 260A , to have also committed the offence.\nDespite subsection (1) , if a licensee’s food business under a licence involves off-site catering, the licensee may, to carry on the off-site catering, handle food at premises other than premises stated in the licence for carrying on the business.\ns 50 amd 2013 No. 51 s 229 sch 1\n(sec.50-ssec.1) A licensee must not carry on a licensable food business from premises other than premises stated in the licence for carrying on the business. Maximum penalty—500 penalty units. If a corporation commits an offence against this provision, each executive officer of the corporation may be taken, under section 260A , to have also committed the offence.\n(sec.50-ssec.2) Despite subsection (1) , if a licensee’s food business under a licence involves off-site catering, the licensee may, to carry on the off-site catering, handle food at premises other than premises stated in the licence for carrying on the business.","sortOrder":62},{"sectionNumber":"sec.51","sectionType":"section","heading":"Licensee to comply with conditions of licence","content":"### sec.51 Licensee to comply with conditions of licence\n\nA licensee must not contravene a condition of the licence.\nMaximum penalty—200 penalty units.\nIf a corporation commits an offence against this provision, each executive officer of the corporation may be taken, under section 260A , to have also committed the offence.\nThe penalty under subsection (1) may be imposed whether or not the licence is suspended or cancelled because of the contravention.\ns 51 amd 2013 No. 51 s 229 sch 1\n(sec.51-ssec.1) A licensee must not contravene a condition of the licence. Maximum penalty—200 penalty units. If a corporation commits an offence against this provision, each executive officer of the corporation may be taken, under section 260A , to have also committed the offence.\n(sec.51-ssec.2) The penalty under subsection (1) may be imposed whether or not the licence is suspended or cancelled because of the contravention.","sortOrder":63},{"sectionNumber":"ch.3-pt.3","sectionType":"part","heading":"Applications for, and issue of, licences","content":"# Applications for, and issue of, licences","sortOrder":64},{"sectionNumber":"ch.3-pt.3-div.1","sectionType":"division","heading":"Applications for licence","content":"## Applications for licence","sortOrder":65},{"sectionNumber":"sec.52","sectionType":"section","heading":"Application","content":"### sec.52 Application\n\nA person may apply for a licence to carry on a licensable food business.\nThe application must be made to—\nfor a food business that involves off-site catering—the local government for the area in which the applicant’s principal place of business is located or proposed to be located; or\nfor another food business—\nif the food business is to be carried on from fixed premises or temporary premises—the local government for the area in which the premises are, or will be, located; or\nif the food business is to be carried on from mobile premises—any local government for an area in which the business intends to operate.\nThe application must comply with section 85 .\n(sec.52-ssec.1) A person may apply for a licence to carry on a licensable food business.\n(sec.52-ssec.2) The application must be made to— for a food business that involves off-site catering—the local government for the area in which the applicant’s principal place of business is located or proposed to be located; or for another food business— if the food business is to be carried on from fixed premises or temporary premises—the local government for the area in which the premises are, or will be, located; or if the food business is to be carried on from mobile premises—any local government for an area in which the business intends to operate.\n(sec.52-ssec.3) The application must comply with section 85 .\n- (a) for a food business that involves off-site catering—the local government for the area in which the applicant’s principal place of business is located or proposed to be located; or\n- (b) for another food business— (i) if the food business is to be carried on from fixed premises or temporary premises—the local government for the area in which the premises are, or will be, located; or (ii) if the food business is to be carried on from mobile premises—any local government for an area in which the business intends to operate.\n- (i) if the food business is to be carried on from fixed premises or temporary premises—the local government for the area in which the premises are, or will be, located; or\n- (ii) if the food business is to be carried on from mobile premises—any local government for an area in which the business intends to operate.\n- (i) if the food business is to be carried on from fixed premises or temporary premises—the local government for the area in which the premises are, or will be, located; or\n- (ii) if the food business is to be carried on from mobile premises—any local government for an area in which the business intends to operate.","sortOrder":66},{"sectionNumber":"sec.53","sectionType":"section","heading":"What the application must state","content":"### sec.53 What the application must state\n\nThe application must state all of the following—\nif the applicant is a corporation—\nthe corporation’s name; and\nthe names of its directors; and\nthe address of its registered office under the Corporations Act ;\nif the applicant is an incorporated association—\nthe incorporated association’s name; and\nthe names of the members of its management committee; and\nthe incorporated association’s nominated address under the Associations Incorporation Act 1981 ;\nfor an applicant other than an entity mentioned in paragraph (a) or (b) , the applicant’s name and address;\nfor fixed premises, the address of the premises;\nfor mobile premises—\na description of the premises that includes—\nif the premises are a vehicle that is required to be registered—the registration number of the vehicle; or\nif the premises are a food vending machine—the serial number or other unique identifying number or mark of the food vending machine; and\nan address, in the area of the local government to which the application is made, at which the premises may be inspected for deciding the application;\nfor temporary premises, the proposed location of the premises;\na brief description of the food business proposed to be carried on under the licence;\ncafe, restaurant, smallgoods manufacturing, catering, takeaway pizza shop\nif the food business involves off-site catering—the make and model of each food transport vehicle proposed to be used for the business, including the registration number if the vehicle is required to be registered;\nif the applicant (or, if the applicant is a corporation or an incorporated association, an executive officer of the corporation or a member of the association’s management committee) has a conviction for a relevant offence, other than a spent conviction—details of the offence and the circumstances of its commission;\nthe details, required in the approved form for the application, to enable the local government to decide whether—\nthe applicant is a suitable person to hold a licence; and\nthe premises from which the food business is to be carried on are suitable for carrying on the business;\nif known by the applicant, the name and contact details of the proposed food safety supervisor for the food business;\nSee section 86 for requirement for licensee to have a food safety supervisor.\nthe term for which the licence is sought.\nIn this section—\nfood transport vehicle , for a food business that involves off-site catering, means a vehicle, other than mobile premises, used to transport food for the business.\ns 53 amd 2011 No. 41 s 7 ; 2020 No. 17 s 68 sch 1\n(sec.53-ssec.1) The application must state all of the following— if the applicant is a corporation— the corporation’s name; and the names of its directors; and the address of its registered office under the Corporations Act ; if the applicant is an incorporated association— the incorporated association’s name; and the names of the members of its management committee; and the incorporated association’s nominated address under the Associations Incorporation Act 1981 ; for an applicant other than an entity mentioned in paragraph (a) or (b) , the applicant’s name and address; for fixed premises, the address of the premises; for mobile premises— a description of the premises that includes— if the premises are a vehicle that is required to be registered—the registration number of the vehicle; or if the premises are a food vending machine—the serial number or other unique identifying number or mark of the food vending machine; and an address, in the area of the local government to which the application is made, at which the premises may be inspected for deciding the application; for temporary premises, the proposed location of the premises; a brief description of the food business proposed to be carried on under the licence; cafe, restaurant, smallgoods manufacturing, catering, takeaway pizza shop if the food business involves off-site catering—the make and model of each food transport vehicle proposed to be used for the business, including the registration number if the vehicle is required to be registered; if the applicant (or, if the applicant is a corporation or an incorporated association, an executive officer of the corporation or a member of the association’s management committee) has a conviction for a relevant offence, other than a spent conviction—details of the offence and the circumstances of its commission; the details, required in the approved form for the application, to enable the local government to decide whether— the applicant is a suitable person to hold a licence; and the premises from which the food business is to be carried on are suitable for carrying on the business; if known by the applicant, the name and contact details of the proposed food safety supervisor for the food business; See section 86 for requirement for licensee to have a food safety supervisor. the term for which the licence is sought.\n(sec.53-ssec.2) In this section— food transport vehicle , for a food business that involves off-site catering, means a vehicle, other than mobile premises, used to transport food for the business.\n- (a) if the applicant is a corporation— (i) the corporation’s name; and (ii) the names of its directors; and (iii) the address of its registered office under the Corporations Act ;\n- (i) the corporation’s name; and\n- (ii) the names of its directors; and\n- (iii) the address of its registered office under the Corporations Act ;\n- (b) if the applicant is an incorporated association— (i) the incorporated association’s name; and (ii) the names of the members of its management committee; and (iii) the incorporated association’s nominated address under the Associations Incorporation Act 1981 ;\n- (i) the incorporated association’s name; and\n- (ii) the names of the members of its management committee; and\n- (iii) the incorporated association’s nominated address under the Associations Incorporation Act 1981 ;\n- (c) for an applicant other than an entity mentioned in paragraph (a) or (b) , the applicant’s name and address;\n- (d) for fixed premises, the address of the premises;\n- (e) for mobile premises— (i) a description of the premises that includes— (A) if the premises are a vehicle that is required to be registered—the registration number of the vehicle; or (B) if the premises are a food vending machine—the serial number or other unique identifying number or mark of the food vending machine; and (ii) an address, in the area of the local government to which the application is made, at which the premises may be inspected for deciding the application;\n- (i) a description of the premises that includes— (A) if the premises are a vehicle that is required to be registered—the registration number of the vehicle; or (B) if the premises are a food vending machine—the serial number or other unique identifying number or mark of the food vending machine; and\n- (A) if the premises are a vehicle that is required to be registered—the registration number of the vehicle; or\n- (B) if the premises are a food vending machine—the serial number or other unique identifying number or mark of the food vending machine; and\n- (ii) an address, in the area of the local government to which the application is made, at which the premises may be inspected for deciding the application;\n- (f) for temporary premises, the proposed location of the premises;\n- (g) a brief description of the food business proposed to be carried on under the licence; Examples— cafe, restaurant, smallgoods manufacturing, catering, takeaway pizza shop\n- (h) if the food business involves off-site catering—the make and model of each food transport vehicle proposed to be used for the business, including the registration number if the vehicle is required to be registered;\n- (i) if the applicant (or, if the applicant is a corporation or an incorporated association, an executive officer of the corporation or a member of the association’s management committee) has a conviction for a relevant offence, other than a spent conviction—details of the offence and the circumstances of its commission;\n- (j) the details, required in the approved form for the application, to enable the local government to decide whether— (i) the applicant is a suitable person to hold a licence; and (ii) the premises from which the food business is to be carried on are suitable for carrying on the business;\n- (i) the applicant is a suitable person to hold a licence; and\n- (ii) the premises from which the food business is to be carried on are suitable for carrying on the business;\n- (k) if known by the applicant, the name and contact details of the proposed food safety supervisor for the food business; Editor’s note— See section 86 for requirement for licensee to have a food safety supervisor.\n- (l) the term for which the licence is sought.\n- (i) the corporation’s name; and\n- (ii) the names of its directors; and\n- (iii) the address of its registered office under the Corporations Act ;\n- (i) the incorporated association’s name; and\n- (ii) the names of the members of its management committee; and\n- (iii) the incorporated association’s nominated address under the Associations Incorporation Act 1981 ;\n- (i) a description of the premises that includes— (A) if the premises are a vehicle that is required to be registered—the registration number of the vehicle; or (B) if the premises are a food vending machine—the serial number or other unique identifying number or mark of the food vending machine; and\n- (A) if the premises are a vehicle that is required to be registered—the registration number of the vehicle; or\n- (B) if the premises are a food vending machine—the serial number or other unique identifying number or mark of the food vending machine; and\n- (ii) an address, in the area of the local government to which the application is made, at which the premises may be inspected for deciding the application;\n- (A) if the premises are a vehicle that is required to be registered—the registration number of the vehicle; or\n- (B) if the premises are a food vending machine—the serial number or other unique identifying number or mark of the food vending machine; and\n- (i) the applicant is a suitable person to hold a licence; and\n- (ii) the premises from which the food business is to be carried on are suitable for carrying on the business;","sortOrder":67},{"sectionNumber":"sec.54","sectionType":"section","heading":"When food safety program is to accompany application","content":"### sec.54 When food safety program is to accompany application\n\nIf, under section 99 , the applicant must have an accredited food safety program for the food business, the application must be accompanied by the proposed food safety program for the business.\nIf the applicant is not an applicant mentioned in subsection (1) , the application may be accompanied by a proposed food safety program for the food business.\n(sec.54-ssec.1) If, under section 99 , the applicant must have an accredited food safety program for the food business, the application must be accompanied by the proposed food safety program for the business.\n(sec.54-ssec.2) If the applicant is not an applicant mentioned in subsection (1) , the application may be accompanied by a proposed food safety program for the food business.","sortOrder":68},{"sectionNumber":"sec.55","sectionType":"section","heading":"Consideration of application","content":"### sec.55 Consideration of application\n\nThe local government must consider the application and decide to grant, or refuse to grant, the application.","sortOrder":69},{"sectionNumber":"sec.56","sectionType":"section","heading":"Criteria for granting application","content":"### sec.56 Criteria for granting application\n\nThe local government may grant the application only if satisfied of all of the following—\nthe applicant is a suitable person to hold a licence;\nthe premises from which the food business is to be carried on are suitable for carrying on the business;\nif the application is accompanied by a proposed food safety program for the food business—\nthe proposed food safety program complies with section 98 ; and\nimplementation of the program is reasonably likely to effectively control the food safety hazards of the business.\nTo decide if it is satisfied about the matters mentioned in subsection (1) (c) , the local government must obtain and consider the written advice of an auditor about whether or not the auditor considers the food safety program complies with section 98 .\n(sec.56-ssec.1) The local government may grant the application only if satisfied of all of the following— the applicant is a suitable person to hold a licence; the premises from which the food business is to be carried on are suitable for carrying on the business; if the application is accompanied by a proposed food safety program for the food business— the proposed food safety program complies with section 98 ; and implementation of the program is reasonably likely to effectively control the food safety hazards of the business.\n(sec.56-ssec.2) To decide if it is satisfied about the matters mentioned in subsection (1) (c) , the local government must obtain and consider the written advice of an auditor about whether or not the auditor considers the food safety program complies with section 98 .\n- (a) the applicant is a suitable person to hold a licence;\n- (b) the premises from which the food business is to be carried on are suitable for carrying on the business;\n- (c) if the application is accompanied by a proposed food safety program for the food business— (i) the proposed food safety program complies with section 98 ; and (ii) implementation of the program is reasonably likely to effectively control the food safety hazards of the business.\n- (i) the proposed food safety program complies with section 98 ; and\n- (ii) implementation of the program is reasonably likely to effectively control the food safety hazards of the business.\n- (i) the proposed food safety program complies with section 98 ; and\n- (ii) implementation of the program is reasonably likely to effectively control the food safety hazards of the business.","sortOrder":70},{"sectionNumber":"sec.57","sectionType":"section","heading":"Suitability of person to hold licence","content":"### sec.57 Suitability of person to hold licence\n\nIn deciding whether the applicant is a suitable person to hold a licence, the local government may have regard to the following matters—\nwhether the applicant has appropriate skills and knowledge to sell safe and suitable food under the licence;\nwhether the applicant has obtained, or can obtain, the services of other persons with appropriate skills and knowledge to sell safe and suitable food under the licence;\nwhether the applicant (or, if the applicant is a corporation or an incorporated association, an executive officer of the corporation or a member of the association’s management committee) has a conviction for a relevant offence, other than a spent conviction;\nwhether the applicant (or, if the applicant is a corporation or an incorporated association, an executive officer of the corporation or a member of the association’s management committee)—\nheld a licence under this Act, the Food Act 1981 or a corresponding law that was suspended or cancelled; or\nhas been refused a licence under this Act, the Food Act 1981 or a corresponding law;\nanything else relevant to the applicant’s ability to handle or sell safe and suitable food.\n- (a) whether the applicant has appropriate skills and knowledge to sell safe and suitable food under the licence;\n- (b) whether the applicant has obtained, or can obtain, the services of other persons with appropriate skills and knowledge to sell safe and suitable food under the licence;\n- (c) whether the applicant (or, if the applicant is a corporation or an incorporated association, an executive officer of the corporation or a member of the association’s management committee) has a conviction for a relevant offence, other than a spent conviction;\n- (d) whether the applicant (or, if the applicant is a corporation or an incorporated association, an executive officer of the corporation or a member of the association’s management committee)— (i) held a licence under this Act, the Food Act 1981 or a corresponding law that was suspended or cancelled; or (ii) has been refused a licence under this Act, the Food Act 1981 or a corresponding law;\n- (i) held a licence under this Act, the Food Act 1981 or a corresponding law that was suspended or cancelled; or\n- (ii) has been refused a licence under this Act, the Food Act 1981 or a corresponding law;\n- (e) anything else relevant to the applicant’s ability to handle or sell safe and suitable food.\n- (i) held a licence under this Act, the Food Act 1981 or a corresponding law that was suspended or cancelled; or\n- (ii) has been refused a licence under this Act, the Food Act 1981 or a corresponding law;","sortOrder":71},{"sectionNumber":"sec.58","sectionType":"section","heading":"Suitability of premises","content":"### sec.58 Suitability of premises\n\nIn deciding whether premises are suitable for carrying on a licensable food business, the local government—\nmay have regard to whether the premises comply with the food standards code, standard 3.2.3; and\nmust obtain and consider the written advice of an authorised person about whether or not the authorised person considers the premises are suitable for carrying on the business.\n- (a) may have regard to whether the premises comply with the food standards code, standard 3.2.3; and\n- (b) must obtain and consider the written advice of an authorised person about whether or not the authorised person considers the premises are suitable for carrying on the business.","sortOrder":72},{"sectionNumber":"sec.59","sectionType":"section","heading":"Inquiry about application","content":"### sec.59 Inquiry about application\n\nBefore deciding the application, the local government—\nmay make inquiries to decide the suitability of—\nthe applicant to hold a licence; and\nthe premises for carrying on a licensable food business; and\nmay, by notice given to the applicant, require the applicant to give the local government within the reasonable period of at least 30 days stated in the notice, further information or a document the local government reasonably requires to decide the application.\nThe applicant is taken to have withdrawn the application if, within the stated period, the applicant does not comply with a requirement under subsection (1) (b) .\nA notice under subsection (1) (b) must be given to the applicant within 30 days after the local government receives the application.\nThe information or document under subsection (1) (b) must, if the notice requires, be verified by statutory declaration.\n(sec.59-ssec.1) Before deciding the application, the local government— may make inquiries to decide the suitability of— the applicant to hold a licence; and the premises for carrying on a licensable food business; and may, by notice given to the applicant, require the applicant to give the local government within the reasonable period of at least 30 days stated in the notice, further information or a document the local government reasonably requires to decide the application.\n(sec.59-ssec.2) The applicant is taken to have withdrawn the application if, within the stated period, the applicant does not comply with a requirement under subsection (1) (b) .\n(sec.59-ssec.3) A notice under subsection (1) (b) must be given to the applicant within 30 days after the local government receives the application.\n(sec.59-ssec.4) The information or document under subsection (1) (b) must, if the notice requires, be verified by statutory declaration.\n- (a) may make inquiries to decide the suitability of— (i) the applicant to hold a licence; and (ii) the premises for carrying on a licensable food business; and\n- (i) the applicant to hold a licence; and\n- (ii) the premises for carrying on a licensable food business; and\n- (b) may, by notice given to the applicant, require the applicant to give the local government within the reasonable period of at least 30 days stated in the notice, further information or a document the local government reasonably requires to decide the application.\n- (i) the applicant to hold a licence; and\n- (ii) the premises for carrying on a licensable food business; and","sortOrder":73},{"sectionNumber":"ch.3-pt.3-div.2","sectionType":"division","heading":"Decisions on applications for licence","content":"## Decisions on applications for licence","sortOrder":74},{"sectionNumber":"sec.60","sectionType":"section","heading":"Decision on application","content":"### sec.60 Decision on application\n\nIf the local government decides to grant the application, the local government must issue the licence to the applicant.\nIf the local government decides to refuse to grant the application, or impose conditions on the licence, the local government must as soon as practicable give the applicant an information notice for the decision.\nThis section does not apply to a decision to issue a provisional licence under section 64 .\n(sec.60-ssec.1) If the local government decides to grant the application, the local government must issue the licence to the applicant.\n(sec.60-ssec.2) If the local government decides to refuse to grant the application, or impose conditions on the licence, the local government must as soon as practicable give the applicant an information notice for the decision.\n(sec.60-ssec.3) This section does not apply to a decision to issue a provisional licence under section 64 .","sortOrder":75},{"sectionNumber":"sec.61","sectionType":"section","heading":"Failure to decide application","content":"### sec.61 Failure to decide application\n\nSubject to subsections (2) and (3) , if the local government fails to decide the application within 30 days after its receipt, the failure is taken to be a decision by the local government to refuse to grant the application.\nSubsection (3) applies if—\na person has made an application for a licence; and\nthe local government has, under section 59 (1) (b) , required the applicant to give the local government further information or a document.\nThe local government is taken to have refused to grant the application if the local government does not decide the application within 30 days after the local government receives the further information or document verified, if required, by statutory declaration.\nIf the application is refused under this section, the applicant is entitled to be given an information notice by the local government for the decision.\nThis section is subject to sections 62 and 66 .\nUnder section 66 , the period for consideration of the application may be extended to the end of the term of a provisional licence issued for the food business to which the application relates.\n(sec.61-ssec.1) Subject to subsections (2) and (3) , if the local government fails to decide the application within 30 days after its receipt, the failure is taken to be a decision by the local government to refuse to grant the application.\n(sec.61-ssec.2) Subsection (3) applies if— a person has made an application for a licence; and the local government has, under section 59 (1) (b) , required the applicant to give the local government further information or a document.\n(sec.61-ssec.3) The local government is taken to have refused to grant the application if the local government does not decide the application within 30 days after the local government receives the further information or document verified, if required, by statutory declaration.\n(sec.61-ssec.4) If the application is refused under this section, the applicant is entitled to be given an information notice by the local government for the decision.\n(sec.61-ssec.5) This section is subject to sections 62 and 66 . Under section 66 , the period for consideration of the application may be extended to the end of the term of a provisional licence issued for the food business to which the application relates.\n- (a) a person has made an application for a licence; and\n- (b) the local government has, under section 59 (1) (b) , required the applicant to give the local government further information or a document.","sortOrder":76},{"sectionNumber":"sec.62","sectionType":"section","heading":"Further consideration of application","content":"### sec.62 Further consideration of application\n\nThis section applies if the local government considers more time is needed to make a decision about the application because of the complexity of the matters that need to be considered in deciding the application.\nThe local government may at any time before the final consideration day give notice to the applicant that—\nbecause of the complexity of the matters that need to be considered in deciding the application, the local government needs more time to decide the application; and\nA local government might need more time to consider a proposed food safety program that accompanies the application.\nthe period within which the local government must decide the application is extended to a day (the extended day ) that is 30 days after the final consideration day.\nAlso, the applicant and local government may at any time before the final consideration day agree in writing on a day (the agreed extended day ) by which the application must be decided.\nThe local government is taken to have refused to grant the application if the local government does not decide the application by the latest of the following days—\nif the local government has given a notice to the applicant under subsection (2) —the extended day;\nif there is an agreement between the applicant and the local government under subsection (3) —the agreed extended day;\nif both subsections (2) and (3) apply—the later of the extended day and the agreed extended day.\nThis section is subject to section 66 .\nIn this section—\nfinal consideration day means the latest of the following days—\nthe day that is 30 days after receipt of the application;\nif the local government has, under section 59 (1) (b) , required the applicant to give the local government further information or a document—the day that is 30 days after the local government receives the further information or document verified, if required, by statutory declaration.\n(sec.62-ssec.1) This section applies if the local government considers more time is needed to make a decision about the application because of the complexity of the matters that need to be considered in deciding the application.\n(sec.62-ssec.2) The local government may at any time before the final consideration day give notice to the applicant that— because of the complexity of the matters that need to be considered in deciding the application, the local government needs more time to decide the application; and A local government might need more time to consider a proposed food safety program that accompanies the application. the period within which the local government must decide the application is extended to a day (the extended day ) that is 30 days after the final consideration day.\n(sec.62-ssec.3) Also, the applicant and local government may at any time before the final consideration day agree in writing on a day (the agreed extended day ) by which the application must be decided.\n(sec.62-ssec.4) The local government is taken to have refused to grant the application if the local government does not decide the application by the latest of the following days— if the local government has given a notice to the applicant under subsection (2) —the extended day; if there is an agreement between the applicant and the local government under subsection (3) —the agreed extended day; if both subsections (2) and (3) apply—the later of the extended day and the agreed extended day.\n(sec.62-ssec.5) This section is subject to section 66 .\n(sec.62-ssec.6) In this section— final consideration day means the latest of the following days— the day that is 30 days after receipt of the application; if the local government has, under section 59 (1) (b) , required the applicant to give the local government further information or a document—the day that is 30 days after the local government receives the further information or document verified, if required, by statutory declaration.\n- (a) because of the complexity of the matters that need to be considered in deciding the application, the local government needs more time to decide the application; and Example— A local government might need more time to consider a proposed food safety program that accompanies the application.\n- (b) the period within which the local government must decide the application is extended to a day (the extended day ) that is 30 days after the final consideration day.\n- (a) if the local government has given a notice to the applicant under subsection (2) —the extended day;\n- (b) if there is an agreement between the applicant and the local government under subsection (3) —the agreed extended day;\n- (c) if both subsections (2) and (3) apply—the later of the extended day and the agreed extended day.\n- (a) the day that is 30 days after receipt of the application;\n- (b) if the local government has, under section 59 (1) (b) , required the applicant to give the local government further information or a document—the day that is 30 days after the local government receives the further information or document verified, if required, by statutory declaration.","sortOrder":77},{"sectionNumber":"sec.63","sectionType":"section","heading":"Accreditation of food safety program on grant of application","content":"### sec.63 Accreditation of food safety program on grant of application\n\nThis section applies if—\nthe application is accompanied by a proposed food safety program for the food business under the licence; and\nthe local government decides to grant the application.\nThe local government—\nis taken to have accredited the food safety program when it decides to grant the application; and\nmust—\nrecord on the program that it is accredited; and\ngive the accredited program to the applicant; and\nkeep a copy of the accredited program.\nA food safety program is not taken to be accredited under this section on the issue of a provisional licence.\n(sec.63-ssec.1) This section applies if— the application is accompanied by a proposed food safety program for the food business under the licence; and the local government decides to grant the application.\n(sec.63-ssec.2) The local government— is taken to have accredited the food safety program when it decides to grant the application; and must— record on the program that it is accredited; and give the accredited program to the applicant; and keep a copy of the accredited program. A food safety program is not taken to be accredited under this section on the issue of a provisional licence.\n- (a) the application is accompanied by a proposed food safety program for the food business under the licence; and\n- (b) the local government decides to grant the application.\n- (a) is taken to have accredited the food safety program when it decides to grant the application; and\n- (b) must— (i) record on the program that it is accredited; and (ii) give the accredited program to the applicant; and (iii) keep a copy of the accredited program. Note— A food safety program is not taken to be accredited under this section on the issue of a provisional licence.\n- (i) record on the program that it is accredited; and\n- (ii) give the accredited program to the applicant; and\n- (iii) keep a copy of the accredited program.\n- (i) record on the program that it is accredited; and\n- (ii) give the accredited program to the applicant; and\n- (iii) keep a copy of the accredited program.","sortOrder":78},{"sectionNumber":"ch.3-pt.3-div.3","sectionType":"division","heading":"Provisional licences","content":"## Provisional licences","sortOrder":79},{"sectionNumber":"sec.64","sectionType":"section","heading":"Issue of provisional licence","content":"### sec.64 Issue of provisional licence\n\nBefore finally deciding an application for a licence, a local government may issue a provisional licence to the applicant if the local government—\nis not fully satisfied about all the matters mentioned in section 56 (1) ; and\nreasonably believes it will grant the application, having regard to the application and any information or documents given to the local government for deciding the application.\nA local government might decide to issue a provisional licence to an applicant if the local government considers—\nthe applicant is temporarily unable to comply with the applicant’s proposed food safety program; or\nthe premises from which the food business under the proposed licence is to be carried on needs only minor alterations or repairs to equipment or fittings to make the premises suitable for carrying on the business.\n- (a) is not fully satisfied about all the matters mentioned in section 56 (1) ; and\n- (b) reasonably believes it will grant the application, having regard to the application and any information or documents given to the local government for deciding the application.\n- (a) the applicant is temporarily unable to comply with the applicant’s proposed food safety program; or\n- (b) the premises from which the food business under the proposed licence is to be carried on needs only minor alterations or repairs to equipment or fittings to make the premises suitable for carrying on the business.","sortOrder":80},{"sectionNumber":"sec.65","sectionType":"section","heading":"When provisional licence ends","content":"### sec.65 When provisional licence ends\n\nThe provisional licence ends when the earliest of the following happens—\nthe term of the provisional licence ends;\nthe local government—\ngrants the application for a licence under section 60 (1) ; or\ngives the applicant an information notice under section 60 (2) for a decision to refuse to grant the application.\n- (a) the term of the provisional licence ends;\n- (b) the local government— (i) grants the application for a licence under section 60 (1) ; or (ii) gives the applicant an information notice under section 60 (2) for a decision to refuse to grant the application.\n- (i) grants the application for a licence under section 60 (1) ; or\n- (ii) gives the applicant an information notice under section 60 (2) for a decision to refuse to grant the application.\n- (i) grants the application for a licence under section 60 (1) ; or\n- (ii) gives the applicant an information notice under section 60 (2) for a decision to refuse to grant the application.","sortOrder":81},{"sectionNumber":"sec.66","sectionType":"section","heading":"Extension of period for consideration of application if provisional licence issued","content":"### sec.66 Extension of period for consideration of application if provisional licence issued\n\nThis section applies if the local government would, apart from this section, be taken to have refused to grant the application for a licence under section 61 or 62 during the term of the provisional licence.\nDespite section 61 or 62 , the period for consideration of the application before it is taken to have been refused by the local government is extended to the end of the term of the provisional licence.\n(sec.66-ssec.1) This section applies if the local government would, apart from this section, be taken to have refused to grant the application for a licence under section 61 or 62 during the term of the provisional licence.\n(sec.66-ssec.2) Despite section 61 or 62 , the period for consideration of the application before it is taken to have been refused by the local government is extended to the end of the term of the provisional licence.","sortOrder":82},{"sectionNumber":"ch.3-pt.4","sectionType":"part","heading":"Term and conditions of licences","content":"# Term and conditions of licences","sortOrder":83},{"sectionNumber":"sec.67","sectionType":"section","heading":"Term of licence other than provisional licence","content":"### sec.67 Term of licence other than provisional licence\n\nA licence other than a provisional licence remains in force, unless sooner cancelled or suspended, for the term of not more than 3 years decided by the local government that issues it.\n1 week for a licence to sell unpackaged food at a music festival\n1 year for a licence for a new restaurant\n- • 1 week for a licence to sell unpackaged food at a music festival\n- • 1 year for a licence for a new restaurant","sortOrder":84},{"sectionNumber":"sec.68","sectionType":"section","heading":"Term of provisional licence","content":"### sec.68 Term of provisional licence\n\nA provisional licence remains in force for the term of not more than 3 months decided by the local government that issues it.\nIf the initial term of a provisional licence is less than 3 months, the local government may, by notice given to the applicant, extend or further extend its term.\nSubsection (2) does not allow the local government to extend or further extend the term of a provisional licence beyond the end of 3 months after it is issued.\n(sec.68-ssec.1) A provisional licence remains in force for the term of not more than 3 months decided by the local government that issues it.\n(sec.68-ssec.2) If the initial term of a provisional licence is less than 3 months, the local government may, by notice given to the applicant, extend or further extend its term.\n(sec.68-ssec.3) Subsection (2) does not allow the local government to extend or further extend the term of a provisional licence beyond the end of 3 months after it is issued.","sortOrder":85},{"sectionNumber":"sec.69","sectionType":"section","heading":"Conditions of licence","content":"### sec.69 Conditions of licence\n\nA licence is subject to all of the following conditions—\nthe licensee must comply with this Act;\nif, under section 99 , the licensee must have an accredited food safety program for the food business under the licence—\nthe licensee must comply with the accredited program; and\nthe licensee must allow an auditor to have reasonable access to the licensee’s premises under the licence to conduct audits under this Act;\nUnder section 99 , the holder of a provisional licence is not required to have an accredited food safety program.\nthe licensee must—\nif the premises under the licence are fixed or temporary premises—display the licence, or a copy of the licence, in a prominent position at the premises so it is easily visible to persons at the premises; and\ndisplaying it at the customer counter of a restaurant\ndisplaying it in a publicly accessible reception area of premises where food is manufactured\nif the premises under the licence are mobile premises—display details of the licence prescribed under a regulation in a prominent position on the premises so the details are easily visible to persons at the premises; and\nensure the licensee’s premises under the licence comply with the food standards code, standard 3.2.3;\nthe licensee must allow an authorised person to have reasonable access to the licensee’s premises under the licence during normal business hours for the food business under the licence;\nother reasonable conditions the local government considers appropriate for the food business under the licence and that are stated in the licence or of which the licensee is notified under subsection (3) .\nA condition may be imposed under subsection (1) (e) —\nwhen the licence is issued, renewed, restored or amended; or\nat another time if the local government considers it necessary to impose the condition to ensure food for sale is safe and suitable for human consumption.\nIf the local government decides to impose conditions on a licence, other than a provisional licence, under subsection (2) (b) , the local government must as soon as practicable give the licensee an information notice for the decision.\nSubsection (1) (c) (iii) applies to a provisional licence only to the extent the premises under the licence can reasonably comply with the food standards code, standard 3.2.3, having regard to the basis on which the provisional licence is issued.\n(sec.69-ssec.1) A licence is subject to all of the following conditions— the licensee must comply with this Act; if, under section 99 , the licensee must have an accredited food safety program for the food business under the licence— the licensee must comply with the accredited program; and the licensee must allow an auditor to have reasonable access to the licensee’s premises under the licence to conduct audits under this Act; Under section 99 , the holder of a provisional licence is not required to have an accredited food safety program. the licensee must— if the premises under the licence are fixed or temporary premises—display the licence, or a copy of the licence, in a prominent position at the premises so it is easily visible to persons at the premises; and displaying it at the customer counter of a restaurant displaying it in a publicly accessible reception area of premises where food is manufactured if the premises under the licence are mobile premises—display details of the licence prescribed under a regulation in a prominent position on the premises so the details are easily visible to persons at the premises; and ensure the licensee’s premises under the licence comply with the food standards code, standard 3.2.3; the licensee must allow an authorised person to have reasonable access to the licensee’s premises under the licence during normal business hours for the food business under the licence; other reasonable conditions the local government considers appropriate for the food business under the licence and that are stated in the licence or of which the licensee is notified under subsection (3) .\n(sec.69-ssec.2) A condition may be imposed under subsection (1) (e) — when the licence is issued, renewed, restored or amended; or at another time if the local government considers it necessary to impose the condition to ensure food for sale is safe and suitable for human consumption.\n(sec.69-ssec.3) If the local government decides to impose conditions on a licence, other than a provisional licence, under subsection (2) (b) , the local government must as soon as practicable give the licensee an information notice for the decision.\n(sec.69-ssec.4) Subsection (1) (c) (iii) applies to a provisional licence only to the extent the premises under the licence can reasonably comply with the food standards code, standard 3.2.3, having regard to the basis on which the provisional licence is issued.\n- (a) the licensee must comply with this Act;\n- (b) if, under section 99 , the licensee must have an accredited food safety program for the food business under the licence— (i) the licensee must comply with the accredited program; and (ii) the licensee must allow an auditor to have reasonable access to the licensee’s premises under the licence to conduct audits under this Act; Note— Under section 99 , the holder of a provisional licence is not required to have an accredited food safety program.\n- (i) the licensee must comply with the accredited program; and\n- (ii) the licensee must allow an auditor to have reasonable access to the licensee’s premises under the licence to conduct audits under this Act;\n- (c) the licensee must— (i) if the premises under the licence are fixed or temporary premises—display the licence, or a copy of the licence, in a prominent position at the premises so it is easily visible to persons at the premises; and Examples of displaying a licence in a prominent position— • displaying it at the customer counter of a restaurant • displaying it in a publicly accessible reception area of premises where food is manufactured (ii) if the premises under the licence are mobile premises—display details of the licence prescribed under a regulation in a prominent position on the premises so the details are easily visible to persons at the premises; and (iii) ensure the licensee’s premises under the licence comply with the food standards code, standard 3.2.3;\n- (i) if the premises under the licence are fixed or temporary premises—display the licence, or a copy of the licence, in a prominent position at the premises so it is easily visible to persons at the premises; and Examples of displaying a licence in a prominent position— • displaying it at the customer counter of a restaurant • displaying it in a publicly accessible reception area of premises where food is manufactured\n- • displaying it at the customer counter of a restaurant\n- • displaying it in a publicly accessible reception area of premises where food is manufactured\n- (ii) if the premises under the licence are mobile premises—display details of the licence prescribed under a regulation in a prominent position on the premises so the details are easily visible to persons at the premises; and\n- (iii) ensure the licensee’s premises under the licence comply with the food standards code, standard 3.2.3;\n- (d) the licensee must allow an authorised person to have reasonable access to the licensee’s premises under the licence during normal business hours for the food business under the licence;\n- (e) other reasonable conditions the local government considers appropriate for the food business under the licence and that are stated in the licence or of which the licensee is notified under subsection (3) .\n- (i) the licensee must comply with the accredited program; and\n- (ii) the licensee must allow an auditor to have reasonable access to the licensee’s premises under the licence to conduct audits under this Act;\n- (i) if the premises under the licence are fixed or temporary premises—display the licence, or a copy of the licence, in a prominent position at the premises so it is easily visible to persons at the premises; and Examples of displaying a licence in a prominent position— • displaying it at the customer counter of a restaurant • displaying it in a publicly accessible reception area of premises where food is manufactured\n- • displaying it at the customer counter of a restaurant\n- • displaying it in a publicly accessible reception area of premises where food is manufactured\n- (ii) if the premises under the licence are mobile premises—display details of the licence prescribed under a regulation in a prominent position on the premises so the details are easily visible to persons at the premises; and\n- (iii) ensure the licensee’s premises under the licence comply with the food standards code, standard 3.2.3;\n- • displaying it at the customer counter of a restaurant\n- • displaying it in a publicly accessible reception area of premises where food is manufactured\n- (a) when the licence is issued, renewed, restored or amended; or\n- (b) at another time if the local government considers it necessary to impose the condition to ensure food for sale is safe and suitable for human consumption.","sortOrder":86},{"sectionNumber":"ch.3-pt.5","sectionType":"part","heading":"Renewal, restoration or amendment of licences","content":"# Renewal, restoration or amendment of licences","sortOrder":87},{"sectionNumber":"ch.3-pt.5-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":88},{"sectionNumber":"sec.70","sectionType":"section","heading":"Application of pt 5","content":"### sec.70 Application of pt 5\n\nThis part does not apply to a provisional licence.","sortOrder":89},{"sectionNumber":"sec.71","sectionType":"section","heading":"Notice of imminent expiry of licence","content":"### sec.71 Notice of imminent expiry of licence\n\nThe local government that issued a licence must give the licensee notice of its imminent expiry at least 60 days before the expiry.","sortOrder":90},{"sectionNumber":"ch.3-pt.5-div.2","sectionType":"division","heading":"Renewal, restoration and amendment","content":"## Renewal, restoration and amendment","sortOrder":91},{"sectionNumber":"sec.72","sectionType":"section","heading":"Application for renewal","content":"### sec.72 Application for renewal\n\nA licensee may apply to the local government that issued a licence for renewal of the licence.\nThe application must—\nbe made within 60 days before the licence ends; and\ncomply with section 85 .\nThe local government must consider the application and decide to renew, or refuse to renew, the licence.\nIn deciding the application, the local government may have regard to—\nthe matters to which the local government may have regard in deciding whether an applicant for a licence is a suitable person to hold the licence and whether the premises under a licence are suitable for carrying on a licensable food business; and\nthe results of audits of an accredited food safety program for the food business under the licence; and\nthe results of inspections to monitor compliance with this Act during the current term of the licence.\nIf the local government decides to refuse to renew the licence, or impose conditions on the licence, the local government must as soon as practicable give the licensee an information notice for the decision.\nA licence may be renewed by issuing another licence to replace it.\n(sec.72-ssec.1) A licensee may apply to the local government that issued a licence for renewal of the licence.\n(sec.72-ssec.2) The application must— be made within 60 days before the licence ends; and comply with section 85 .\n(sec.72-ssec.3) The local government must consider the application and decide to renew, or refuse to renew, the licence.\n(sec.72-ssec.4) In deciding the application, the local government may have regard to— the matters to which the local government may have regard in deciding whether an applicant for a licence is a suitable person to hold the licence and whether the premises under a licence are suitable for carrying on a licensable food business; and the results of audits of an accredited food safety program for the food business under the licence; and the results of inspections to monitor compliance with this Act during the current term of the licence.\n(sec.72-ssec.5) If the local government decides to refuse to renew the licence, or impose conditions on the licence, the local government must as soon as practicable give the licensee an information notice for the decision.\n(sec.72-ssec.6) A licence may be renewed by issuing another licence to replace it.\n- (a) be made within 60 days before the licence ends; and\n- (b) comply with section 85 .\n- (a) the matters to which the local government may have regard in deciding whether an applicant for a licence is a suitable person to hold the licence and whether the premises under a licence are suitable for carrying on a licensable food business; and\n- (b) the results of audits of an accredited food safety program for the food business under the licence; and\n- (c) the results of inspections to monitor compliance with this Act during the current term of the licence.","sortOrder":92},{"sectionNumber":"sec.73","sectionType":"section","heading":"Application for restoration","content":"### sec.73 Application for restoration\n\nA person who was a licensee may apply to the local government that issued a licence for restoration of the licence.\nThe application must—\nbe made within 30 days after the licence ends; and\ncomply with section 85 .\nThe local government must consider the application and decide to restore, or refuse to restore, the licence.\nIn deciding the application, the local government may have regard to—\nthe matters to which the local government may have regard in deciding whether an applicant for a licence is a suitable person to hold the licence and whether premises under a licence are suitable for carrying on a licensable food business; and\nthe results of audits of an accredited food safety program for the food business under the licence; and\nthe results of inspections to monitor compliance with this Act during the last term of the licence.\nIf the local government decides to refuse to restore the licence, or impose conditions on the licence, the local government must as soon as practicable give the person an information notice for the decision.\nAn expired licence may be restored by issuing another licence to replace it.\nSubsection (1) does not apply to a licence cancelled under section 82 .\n(sec.73-ssec.1) A person who was a licensee may apply to the local government that issued a licence for restoration of the licence.\n(sec.73-ssec.2) The application must— be made within 30 days after the licence ends; and comply with section 85 .\n(sec.73-ssec.3) The local government must consider the application and decide to restore, or refuse to restore, the licence.\n(sec.73-ssec.4) In deciding the application, the local government may have regard to— the matters to which the local government may have regard in deciding whether an applicant for a licence is a suitable person to hold the licence and whether premises under a licence are suitable for carrying on a licensable food business; and the results of audits of an accredited food safety program for the food business under the licence; and the results of inspections to monitor compliance with this Act during the last term of the licence.\n(sec.73-ssec.5) If the local government decides to refuse to restore the licence, or impose conditions on the licence, the local government must as soon as practicable give the person an information notice for the decision.\n(sec.73-ssec.6) An expired licence may be restored by issuing another licence to replace it.\n(sec.73-ssec.7) Subsection (1) does not apply to a licence cancelled under section 82 .\n- (a) be made within 30 days after the licence ends; and\n- (b) comply with section 85 .\n- (a) the matters to which the local government may have regard in deciding whether an applicant for a licence is a suitable person to hold the licence and whether premises under a licence are suitable for carrying on a licensable food business; and\n- (b) the results of audits of an accredited food safety program for the food business under the licence; and\n- (c) the results of inspections to monitor compliance with this Act during the last term of the licence.","sortOrder":93},{"sectionNumber":"sec.74","sectionType":"section","heading":"Application for amendment","content":"### sec.74 Application for amendment\n\nA licensee may apply to the local government that issued a licence for an amendment of the licence.\nThe application must—\nbe accompanied by the licence; and\ncomply with section 85 .\nThe local government must consider the application and decide to amend, or refuse to amend, the licence.\nWithout limiting subsection (1) , the local government may amend a licence by changing the location of the premises from which the licensee proposes to carry on a licensable food business.\nIf the amendment relates to the premises covered by the licence, the local government may amend the licence only if satisfied on reasonable grounds that the premises are suitable for carrying on a licensable food business.\nIf the local government decides to refuse to amend the licence, the local government must as soon as practicable give the licensee—\nthe licence; and\nan information notice for the decision.\nIf the local government decides to impose conditions on the licence, the local government must as soon as practicable give the licensee an information notice for the decision.\nA licence may be amended by—\nendorsing the existing licence with details of the amendment; or\ncancelling the existing licence and issuing another licence containing the amendment.\n(sec.74-ssec.1) A licensee may apply to the local government that issued a licence for an amendment of the licence.\n(sec.74-ssec.2) The application must— be accompanied by the licence; and comply with section 85 .\n(sec.74-ssec.3) The local government must consider the application and decide to amend, or refuse to amend, the licence.\n(sec.74-ssec.4) Without limiting subsection (1) , the local government may amend a licence by changing the location of the premises from which the licensee proposes to carry on a licensable food business.\n(sec.74-ssec.5) If the amendment relates to the premises covered by the licence, the local government may amend the licence only if satisfied on reasonable grounds that the premises are suitable for carrying on a licensable food business.\n(sec.74-ssec.6) If the local government decides to refuse to amend the licence, the local government must as soon as practicable give the licensee— the licence; and an information notice for the decision.\n(sec.74-ssec.7) If the local government decides to impose conditions on the licence, the local government must as soon as practicable give the licensee an information notice for the decision.\n(sec.74-ssec.8) A licence may be amended by— endorsing the existing licence with details of the amendment; or cancelling the existing licence and issuing another licence containing the amendment.\n- (a) be accompanied by the licence; and\n- (b) comply with section 85 .\n- (a) the licence; and\n- (b) an information notice for the decision.\n- (a) endorsing the existing licence with details of the amendment; or\n- (b) cancelling the existing licence and issuing another licence containing the amendment.","sortOrder":94},{"sectionNumber":"sec.75","sectionType":"section","heading":"Inquiry about application","content":"### sec.75 Inquiry about application\n\nBefore deciding an application under subdivision 1 , the local government may, by notice given to the applicant, require the applicant to give the local government within the reasonable period of at least 30 days stated in the notice, further information or a document the local government reasonably requires to decide the application.\nThe applicant is taken to have withdrawn the application if, within the stated period, the applicant does not comply with the requirement.\nThe information or document under subsection (1) must, if the notice requires, be verified by statutory declaration.\n(sec.75-ssec.1) Before deciding an application under subdivision 1 , the local government may, by notice given to the applicant, require the applicant to give the local government within the reasonable period of at least 30 days stated in the notice, further information or a document the local government reasonably requires to decide the application.\n(sec.75-ssec.2) The applicant is taken to have withdrawn the application if, within the stated period, the applicant does not comply with the requirement.\n(sec.75-ssec.3) The information or document under subsection (1) must, if the notice requires, be verified by statutory declaration.","sortOrder":95},{"sectionNumber":"sec.76","sectionType":"section","heading":"Licence continues pending decision about renewal or restoration","content":"### sec.76 Licence continues pending decision about renewal or restoration\n\nIf a licensee applies for renewal of a licence under section 72 , the licence is taken to continue in force from the day it would, apart from this section, have ended until the application is decided under section 72 or taken to have been withdrawn under section 75 (2) .\nIf a person applies for restoration of a licence under section 73 , the licence is taken to continue in force from the day it ended until the application is decided under section 73 or taken to have been withdrawn under section 75 (2) .\nDespite subsections (1) and (2) , if a local government decides to refuse to renew or restore the licence under section 72 (3) or 73 (3) , the licence continues in force until the information notice for the decision is given to the applicant.\nSubsections (1) and (2) do not apply if the licence is earlier suspended or cancelled.\n(sec.76-ssec.1) If a licensee applies for renewal of a licence under section 72 , the licence is taken to continue in force from the day it would, apart from this section, have ended until the application is decided under section 72 or taken to have been withdrawn under section 75 (2) .\n(sec.76-ssec.2) If a person applies for restoration of a licence under section 73 , the licence is taken to continue in force from the day it ended until the application is decided under section 73 or taken to have been withdrawn under section 75 (2) .\n(sec.76-ssec.3) Despite subsections (1) and (2) , if a local government decides to refuse to renew or restore the licence under section 72 (3) or 73 (3) , the licence continues in force until the information notice for the decision is given to the applicant.\n(sec.76-ssec.4) Subsections (1) and (2) do not apply if the licence is earlier suspended or cancelled.","sortOrder":96},{"sectionNumber":"sec.77","sectionType":"section","heading":"Failure to decide application","content":"### sec.77 Failure to decide application\n\nSubject to subsections (2) and (3) , if the local government fails to decide an application under subdivision 1 within 30 days after its receipt, the failure is taken to be a decision by the local government to refuse to renew, restore or amend the licence.\nSubsection (3) applies if—\na person has made an application under subdivision 1 ; and\nthe local government has, under section 75 (1) , required the person to give the local government further information or a document.\nThe local government is taken to have refused to renew, restore or amend the licence if the local government does not decide the application within 30 days after the local government receives the further information or document verified, if required, by statutory declaration.\nIf the application is refused under this section, the applicant is entitled to be given an information notice by the local government for the decision.\n(sec.77-ssec.1) Subject to subsections (2) and (3) , if the local government fails to decide an application under subdivision 1 within 30 days after its receipt, the failure is taken to be a decision by the local government to refuse to renew, restore or amend the licence.\n(sec.77-ssec.2) Subsection (3) applies if— a person has made an application under subdivision 1 ; and the local government has, under section 75 (1) , required the person to give the local government further information or a document.\n(sec.77-ssec.3) The local government is taken to have refused to renew, restore or amend the licence if the local government does not decide the application within 30 days after the local government receives the further information or document verified, if required, by statutory declaration.\n(sec.77-ssec.4) If the application is refused under this section, the applicant is entitled to be given an information notice by the local government for the decision.\n- (a) a person has made an application under subdivision 1 ; and\n- (b) the local government has, under section 75 (1) , required the person to give the local government further information or a document.","sortOrder":97},{"sectionNumber":"ch.3-pt.6","sectionType":"part","heading":"Suspension or cancellation of licences","content":"# Suspension or cancellation of licences","sortOrder":98},{"sectionNumber":"sec.78","sectionType":"section","heading":"Grounds for suspension or cancellation","content":"### sec.78 Grounds for suspension or cancellation\n\nEach of the following is a ground for suspending or cancelling a licence—\nthe licensee is not, or is no longer, a suitable person to hold the licence;\nif, under section 99 , the licensee must have an accredited food safety program—the licensee has not complied with the program and the noncompliance is likely to result in a significant risk to public health or safety;\nthe licensee has contravened a condition of the licence, other than a condition mentioned in section 69 (1) (b) ;\nthe licence was issued because of a materially false or misleading representation or declaration.\nFor forming a belief that the ground mentioned in subsection (1) (a) exists, a local government may have regard to the matters to which the local government may have regard in deciding whether a proposed licensee is a suitable person to hold a licence.\n(sec.78-ssec.1) Each of the following is a ground for suspending or cancelling a licence— the licensee is not, or is no longer, a suitable person to hold the licence; if, under section 99 , the licensee must have an accredited food safety program—the licensee has not complied with the program and the noncompliance is likely to result in a significant risk to public health or safety; the licensee has contravened a condition of the licence, other than a condition mentioned in section 69 (1) (b) ; the licence was issued because of a materially false or misleading representation or declaration.\n(sec.78-ssec.2) For forming a belief that the ground mentioned in subsection (1) (a) exists, a local government may have regard to the matters to which the local government may have regard in deciding whether a proposed licensee is a suitable person to hold a licence.\n- (a) the licensee is not, or is no longer, a suitable person to hold the licence;\n- (b) if, under section 99 , the licensee must have an accredited food safety program—the licensee has not complied with the program and the noncompliance is likely to result in a significant risk to public health or safety;\n- (c) the licensee has contravened a condition of the licence, other than a condition mentioned in section 69 (1) (b) ;\n- (d) the licence was issued because of a materially false or misleading representation or declaration.","sortOrder":99},{"sectionNumber":"sec.79","sectionType":"section","heading":"Show cause notice","content":"### sec.79 Show cause notice\n\nThis section applies if—\nthe local government that issued a licence believes a ground exists to suspend or cancel the licence; and\neither the licensee—\nhas not been given, and it is not intended to give the licensee, an improvement notice about a matter to which the ground relates; or\nhas been given an improvement notice about a matter to which the ground relates and the licensee has failed, without a reasonable excuse, to comply with the notice.\nUnder section 209 , an authorised person may give a person an improvement notice requiring the person to remedy, or have remedied, a contravention of a provision of this Act.\nThe local government must give the licensee a notice under this section (a show cause notice ).\nThe show cause notice must state the following—\nthe action the local government proposes taking under this part (the proposed action );\nthe grounds for the proposed action;\nan outline of the facts and circumstances forming the basis for the grounds;\nif the proposed action is suspension of the licence—the proposed suspension period;\nthat the licensee may, within a stated period (the show cause period ), make written representations to the local government to show why the proposed action should not be taken.\nThe show cause period must end at least 21 days after the licensee is given the show cause notice.\n(sec.79-ssec.1) This section applies if— the local government that issued a licence believes a ground exists to suspend or cancel the licence; and either the licensee— has not been given, and it is not intended to give the licensee, an improvement notice about a matter to which the ground relates; or has been given an improvement notice about a matter to which the ground relates and the licensee has failed, without a reasonable excuse, to comply with the notice. Under section 209 , an authorised person may give a person an improvement notice requiring the person to remedy, or have remedied, a contravention of a provision of this Act.\n(sec.79-ssec.2) The local government must give the licensee a notice under this section (a show cause notice ).\n(sec.79-ssec.3) The show cause notice must state the following— the action the local government proposes taking under this part (the proposed action ); the grounds for the proposed action; an outline of the facts and circumstances forming the basis for the grounds; if the proposed action is suspension of the licence—the proposed suspension period; that the licensee may, within a stated period (the show cause period ), make written representations to the local government to show why the proposed action should not be taken.\n(sec.79-ssec.4) The show cause period must end at least 21 days after the licensee is given the show cause notice.\n- (a) the local government that issued a licence believes a ground exists to suspend or cancel the licence; and\n- (b) either the licensee— (i) has not been given, and it is not intended to give the licensee, an improvement notice about a matter to which the ground relates; or (ii) has been given an improvement notice about a matter to which the ground relates and the licensee has failed, without a reasonable excuse, to comply with the notice.\n- (i) has not been given, and it is not intended to give the licensee, an improvement notice about a matter to which the ground relates; or\n- (ii) has been given an improvement notice about a matter to which the ground relates and the licensee has failed, without a reasonable excuse, to comply with the notice.\n- (i) has not been given, and it is not intended to give the licensee, an improvement notice about a matter to which the ground relates; or\n- (ii) has been given an improvement notice about a matter to which the ground relates and the licensee has failed, without a reasonable excuse, to comply with the notice.\n- (a) the action the local government proposes taking under this part (the proposed action );\n- (b) the grounds for the proposed action;\n- (c) an outline of the facts and circumstances forming the basis for the grounds;\n- (d) if the proposed action is suspension of the licence—the proposed suspension period;\n- (e) that the licensee may, within a stated period (the show cause period ), make written representations to the local government to show why the proposed action should not be taken.","sortOrder":100},{"sectionNumber":"sec.80","sectionType":"section","heading":"Representations about show cause notice","content":"### sec.80 Representations about show cause notice\n\nThe licensee may make written representations about the show cause notice to the local government in the show cause period.\nThe local government must consider all representations (the accepted representations ) made under subsection (1) .\n(sec.80-ssec.1) The licensee may make written representations about the show cause notice to the local government in the show cause period.\n(sec.80-ssec.2) The local government must consider all representations (the accepted representations ) made under subsection (1) .","sortOrder":101},{"sectionNumber":"sec.81","sectionType":"section","heading":"Ending show cause process without further action","content":"### sec.81 Ending show cause process without further action\n\nIf, after considering the accepted representations for the show cause notice, the local government no longer believes a ground exists to suspend or cancel the licence, the local government—\nmust not take any further action about the show cause notice; and\nmust give the licensee a notice that no further action is to be taken about the show cause notice.\n- (a) must not take any further action about the show cause notice; and\n- (b) must give the licensee a notice that no further action is to be taken about the show cause notice.","sortOrder":102},{"sectionNumber":"sec.82","sectionType":"section","heading":"Suspension or cancellation","content":"### sec.82 Suspension or cancellation\n\nThis section applies if—\nthere are no accepted representations for the show cause notice; or\nafter considering the accepted representations for the show cause notice, the local government—\nstill believes a ground exists to suspend or cancel the licence; and\nbelieves suspension or cancellation of the licence is warranted.\nThe local government may—\nif the proposed action was to suspend the licence—suspend the licence for not longer than the proposed suspension period; or\nif the proposed action was to cancel the licence—cancel the licence or suspend it for a period.\nIf the local government decides to take action under subsection (2) , the local government must as soon as practicable give the licensee an information notice for the decision.\nThe decision takes effect on the later of the following—\nthe day the information notice is given to the licensee;\nthe day stated in the information notice for that purpose.\n(sec.82-ssec.1) This section applies if— there are no accepted representations for the show cause notice; or after considering the accepted representations for the show cause notice, the local government— still believes a ground exists to suspend or cancel the licence; and believes suspension or cancellation of the licence is warranted.\n(sec.82-ssec.2) The local government may— if the proposed action was to suspend the licence—suspend the licence for not longer than the proposed suspension period; or if the proposed action was to cancel the licence—cancel the licence or suspend it for a period.\n(sec.82-ssec.3) If the local government decides to take action under subsection (2) , the local government must as soon as practicable give the licensee an information notice for the decision.\n(sec.82-ssec.4) The decision takes effect on the later of the following— the day the information notice is given to the licensee; the day stated in the information notice for that purpose.\n- (a) there are no accepted representations for the show cause notice; or\n- (b) after considering the accepted representations for the show cause notice, the local government— (i) still believes a ground exists to suspend or cancel the licence; and (ii) believes suspension or cancellation of the licence is warranted.\n- (i) still believes a ground exists to suspend or cancel the licence; and\n- (ii) believes suspension or cancellation of the licence is warranted.\n- (i) still believes a ground exists to suspend or cancel the licence; and\n- (ii) believes suspension or cancellation of the licence is warranted.\n- (a) if the proposed action was to suspend the licence—suspend the licence for not longer than the proposed suspension period; or\n- (b) if the proposed action was to cancel the licence—cancel the licence or suspend it for a period.\n- (a) the day the information notice is given to the licensee;\n- (b) the day stated in the information notice for that purpose.","sortOrder":103},{"sectionNumber":"sec.83","sectionType":"section","heading":"Immediate suspension of licence","content":"### sec.83 Immediate suspension of licence\n\nThe local government that issued a licence may suspend the licence immediately if the local government believes—\na ground exists to suspend or cancel the licence; and\nit is necessary to suspend the licence immediately because there is an immediate and serious risk to public health or safety.\nThe suspension—\ncan be effected only by the local government giving an information notice to the licensee about the decision to suspend the licence, together with a show cause notice; and\noperates immediately the notices are given to the licensee; and\ncontinues to operate until the earliest of the following happens—\nthe local government cancels the remaining period of the suspension;\nthe show cause notice is finally dealt with;\n30 days have passed since the notices were given to the licensee.\nSubsection (4) applies if—\na suspension under this section stops because—\nthe local government cancels the remaining period of the suspension; or\nthe show cause notice is finally dealt with by a decision being made not to cancel or suspend the licence; or\n30 days have passed since the notices mentioned in subsection (2) (a) were given to the licensee; and\nthe licensee has returned the licence to the local government under section 84 .\nThe local government must, as soon as practicable, give the licence to the licensee.\n(sec.83-ssec.1) The local government that issued a licence may suspend the licence immediately if the local government believes— a ground exists to suspend or cancel the licence; and it is necessary to suspend the licence immediately because there is an immediate and serious risk to public health or safety.\n(sec.83-ssec.2) The suspension— can be effected only by the local government giving an information notice to the licensee about the decision to suspend the licence, together with a show cause notice; and operates immediately the notices are given to the licensee; and continues to operate until the earliest of the following happens— the local government cancels the remaining period of the suspension; the show cause notice is finally dealt with; 30 days have passed since the notices were given to the licensee.\n(sec.83-ssec.3) Subsection (4) applies if— a suspension under this section stops because— the local government cancels the remaining period of the suspension; or the show cause notice is finally dealt with by a decision being made not to cancel or suspend the licence; or 30 days have passed since the notices mentioned in subsection (2) (a) were given to the licensee; and the licensee has returned the licence to the local government under section 84 .\n(sec.83-ssec.4) The local government must, as soon as practicable, give the licence to the licensee.\n- (a) a ground exists to suspend or cancel the licence; and\n- (b) it is necessary to suspend the licence immediately because there is an immediate and serious risk to public health or safety.\n- (a) can be effected only by the local government giving an information notice to the licensee about the decision to suspend the licence, together with a show cause notice; and\n- (b) operates immediately the notices are given to the licensee; and\n- (c) continues to operate until the earliest of the following happens— (i) the local government cancels the remaining period of the suspension; (ii) the show cause notice is finally dealt with; (iii) 30 days have passed since the notices were given to the licensee.\n- (i) the local government cancels the remaining period of the suspension;\n- (ii) the show cause notice is finally dealt with;\n- (iii) 30 days have passed since the notices were given to the licensee.\n- (i) the local government cancels the remaining period of the suspension;\n- (ii) the show cause notice is finally dealt with;\n- (iii) 30 days have passed since the notices were given to the licensee.\n- (a) a suspension under this section stops because— (i) the local government cancels the remaining period of the suspension; or (ii) the show cause notice is finally dealt with by a decision being made not to cancel or suspend the licence; or (iii) 30 days have passed since the notices mentioned in subsection (2) (a) were given to the licensee; and\n- (i) the local government cancels the remaining period of the suspension; or\n- (ii) the show cause notice is finally dealt with by a decision being made not to cancel or suspend the licence; or\n- (iii) 30 days have passed since the notices mentioned in subsection (2) (a) were given to the licensee; and\n- (b) the licensee has returned the licence to the local government under section 84 .\n- (i) the local government cancels the remaining period of the suspension; or\n- (ii) the show cause notice is finally dealt with by a decision being made not to cancel or suspend the licence; or\n- (iii) 30 days have passed since the notices mentioned in subsection (2) (a) were given to the licensee; and","sortOrder":104},{"sectionNumber":"sec.84","sectionType":"section","heading":"Return of cancelled or suspended licence to local government","content":"### sec.84 Return of cancelled or suspended licence to local government\n\nThis section applies if the local government has cancelled or suspended a licence and given an information notice for the decision to the licensee.\nThe licensee must return the licence to the local government within 7 days after receiving the information notice, unless the licensee has a reasonable excuse.\nMaximum penalty—20 penalty units.\n(sec.84-ssec.1) This section applies if the local government has cancelled or suspended a licence and given an information notice for the decision to the licensee.\n(sec.84-ssec.2) The licensee must return the licence to the local government within 7 days after receiving the information notice, unless the licensee has a reasonable excuse. Maximum penalty—20 penalty units.","sortOrder":105},{"sectionNumber":"ch.3-pt.7","sectionType":"part","heading":"Other provisions about licences and licensees","content":"# Other provisions about licences and licensees","sortOrder":106},{"sectionNumber":"ch.3-pt.7-div.1","sectionType":"division","heading":"Requirements for applications","content":"## Requirements for applications","sortOrder":107},{"sectionNumber":"sec.85","sectionType":"section","heading":"General requirements for applications under ch 3","content":"### sec.85 General requirements for applications under ch 3\n\nThis section applies to an application for—\na licence under section 52 ; or\nthe renewal of a licence under section 72 ; or\nthe restoration of a licence under section 73 ; or\nan amendment of a licence under section 74 .\nThe application must—\nbe in the approved form; and\nbe signed by or for the applicant; and\nbe accompanied by the fee, if any, for the application.\nThe approved form for the application must provide for the inclusion of the applicant’s contact details.\n(sec.85-ssec.1) This section applies to an application for— a licence under section 52 ; or the renewal of a licence under section 72 ; or the restoration of a licence under section 73 ; or an amendment of a licence under section 74 .\n(sec.85-ssec.2) The application must— be in the approved form; and be signed by or for the applicant; and be accompanied by the fee, if any, for the application.\n(sec.85-ssec.3) The approved form for the application must provide for the inclusion of the applicant’s contact details.\n- (a) a licence under section 52 ; or\n- (b) the renewal of a licence under section 72 ; or\n- (c) the restoration of a licence under section 73 ; or\n- (d) an amendment of a licence under section 74 .\n- (a) be in the approved form; and\n- (b) be signed by or for the applicant; and\n- (c) be accompanied by the fee, if any, for the application.","sortOrder":108},{"sectionNumber":"ch.3-pt.7-div.2","sectionType":"division","heading":"Food safety supervisors","content":"## Food safety supervisors","sortOrder":109},{"sectionNumber":"sec.86","sectionType":"section","heading":"Licensee to have food safety supervisor","content":"### sec.86 Licensee to have food safety supervisor\n\nA licensee must, within 30 days after the licence is issued under section 60 (1) , have a food safety supervisor for the food business under the licence.\nMaximum penalty—50 penalty units.\nIf a corporation commits an offence against this provision, each executive officer of the corporation may be taken, under section 260A , to have also committed the offence.\nThe licensee must at all times continue to have a food safety supervisor for the food business under the licence.\nMaximum penalty—50 penalty units.\nIf a corporation commits an offence against this provision, each executive officer of the corporation may be taken, under section 260A , to have also committed the offence.\nThe licensee—\nmay be the food safety supervisor for the food business; and\nmay have more than 1 food safety supervisor for the food business.\ns 86 amd 2013 No. 51 s 229 sch 1\n(sec.86-ssec.1) A licensee must, within 30 days after the licence is issued under section 60 (1) , have a food safety supervisor for the food business under the licence. Maximum penalty—50 penalty units. If a corporation commits an offence against this provision, each executive officer of the corporation may be taken, under section 260A , to have also committed the offence.\n(sec.86-ssec.2) The licensee must at all times continue to have a food safety supervisor for the food business under the licence. Maximum penalty—50 penalty units. If a corporation commits an offence against this provision, each executive officer of the corporation may be taken, under section 260A , to have also committed the offence.\n(sec.86-ssec.3) The licensee— may be the food safety supervisor for the food business; and may have more than 1 food safety supervisor for the food business.\n- (a) may be the food safety supervisor for the food business; and\n- (b) may have more than 1 food safety supervisor for the food business.","sortOrder":110},{"sectionNumber":"sec.87","sectionType":"section","heading":"Availability of food safety supervisor","content":"### sec.87 Availability of food safety supervisor\n\nThe licensee must ensure a food safety supervisor for the food business under the licence is reasonably available to be contacted by the local government that issued the licence while the food business is being carried on.\nMaximum penalty—50 penalty units.\nThe licensee must ensure a food safety supervisor for the food business under the licence is reasonably available to be contacted by persons who handle food in the food business while the food business is being carried on.\nMaximum penalty—50 penalty units.\n(sec.87-ssec.1) The licensee must ensure a food safety supervisor for the food business under the licence is reasonably available to be contacted by the local government that issued the licence while the food business is being carried on. Maximum penalty—50 penalty units.\n(sec.87-ssec.2) The licensee must ensure a food safety supervisor for the food business under the licence is reasonably available to be contacted by persons who handle food in the food business while the food business is being carried on. Maximum penalty—50 penalty units.","sortOrder":111},{"sectionNumber":"sec.88","sectionType":"section","heading":"Licensee to advise local government about food safety supervisor","content":"### sec.88 Licensee to advise local government about food safety supervisor\n\nA licensee must, within 30 days after the licence is issued under section 60 (1) , advise the local government that issued the licence of the name and contact details of each food safety supervisor for the food business under the licence.\nMaximum penalty—50 penalty units.\nSubject to subsection (1) , the licensee must, within 14 days after a person becomes a food safety supervisor for the food business, advise the local government of the person’s name and contact details.\nMaximum penalty—50 penalty units.\nThe licensee must, within 14 days after a person stops being a food safety supervisor for the food business, advise the local government of the fact.\nMaximum penalty—50 penalty units.\nThe licensee must, within 14 days after the contact details of a food safety supervisor for the food business changes, advise the local government of the change.\nMaximum penalty—50 penalty units.\n(sec.88-ssec.1) A licensee must, within 30 days after the licence is issued under section 60 (1) , advise the local government that issued the licence of the name and contact details of each food safety supervisor for the food business under the licence. Maximum penalty—50 penalty units.\n(sec.88-ssec.2) Subject to subsection (1) , the licensee must, within 14 days after a person becomes a food safety supervisor for the food business, advise the local government of the person’s name and contact details. Maximum penalty—50 penalty units.\n(sec.88-ssec.3) The licensee must, within 14 days after a person stops being a food safety supervisor for the food business, advise the local government of the fact. Maximum penalty—50 penalty units.\n(sec.88-ssec.4) The licensee must, within 14 days after the contact details of a food safety supervisor for the food business changes, advise the local government of the change. Maximum penalty—50 penalty units.","sortOrder":112},{"sectionNumber":"ch.3-pt.7-div.3","sectionType":"division","heading":"Carrying on licensable food business from mobile premises","content":"## Carrying on licensable food business from mobile premises","sortOrder":113},{"sectionNumber":"sec.89","sectionType":"section","heading":"Obligations of licensee while in second local government’s area","content":"### sec.89 Obligations of licensee while in second local government’s area\n\nThis section applies if a licensee carries on a licensable food business from mobile premises to which the licence relates in a second local government’s area.\nFor the period the licensee carries on the food business from the mobile premises in the second local government’s area, the licensee has the obligations under the licensee’s licence.\n(sec.89-ssec.1) This section applies if a licensee carries on a licensable food business from mobile premises to which the licence relates in a second local government’s area.\n(sec.89-ssec.2) For the period the licensee carries on the food business from the mobile premises in the second local government’s area, the licensee has the obligations under the licensee’s licence.","sortOrder":114},{"sectionNumber":"sec.90","sectionType":"section","heading":"Action that may be taken by second local government","content":"### sec.90 Action that may be taken by second local government\n\nThis section applies for the period the licensee carries on the food business from mobile premises in a second local government’s area.\nThe second local government has the same powers as the first local government would have had if the food business were being carried on in the first local government’s area.\nHowever, the second local government may not cancel, suspend, impose conditions on, or take any other similar action in relation to the licence.\n(sec.90-ssec.1) This section applies for the period the licensee carries on the food business from mobile premises in a second local government’s area.\n(sec.90-ssec.2) The second local government has the same powers as the first local government would have had if the food business were being carried on in the first local government’s area.\n(sec.90-ssec.3) However, the second local government may not cancel, suspend, impose conditions on, or take any other similar action in relation to the licence.","sortOrder":115},{"sectionNumber":"sec.91","sectionType":"section","heading":"Notification to first local government","content":"### sec.91 Notification to first local government\n\nThis section applies if—\na licensee has carried on a licensable food business from mobile premises in a second local government’s area; and\nthe second local government considers that the licensee has done or omitted to do something that, if done or omitted to be done in the first local government’s area, would be a contravention of the conditions of the licence.\nThe second local government may advise the first local government of the thing done or omitted to be done.\n(sec.91-ssec.1) This section applies if— a licensee has carried on a licensable food business from mobile premises in a second local government’s area; and the second local government considers that the licensee has done or omitted to do something that, if done or omitted to be done in the first local government’s area, would be a contravention of the conditions of the licence.\n(sec.91-ssec.2) The second local government may advise the first local government of the thing done or omitted to be done.\n- (a) a licensee has carried on a licensable food business from mobile premises in a second local government’s area; and\n- (b) the second local government considers that the licensee has done or omitted to do something that, if done or omitted to be done in the first local government’s area, would be a contravention of the conditions of the licence.","sortOrder":116},{"sectionNumber":"sec.92","sectionType":"section","heading":"Action that may be taken by first local government","content":"### sec.92 Action that may be taken by first local government\n\nThis section applies if the second local government has advised the first local government of a thing done or omitted to be done by the licensee while in the second local government’s area.\nThe first local government may take action in relation to the thing done or omitted to be done by the licensee as if the thing had been done or omitted to be done in the first local government’s area.\n(sec.92-ssec.1) This section applies if the second local government has advised the first local government of a thing done or omitted to be done by the licensee while in the second local government’s area.\n(sec.92-ssec.2) The first local government may take action in relation to the thing done or omitted to be done by the licensee as if the thing had been done or omitted to be done in the first local government’s area.","sortOrder":117},{"sectionNumber":"ch.3-pt.7-div.4","sectionType":"division","heading":"General provisions","content":"## General provisions","sortOrder":118},{"sectionNumber":"sec.93","sectionType":"section","heading":"Licence issued to more than 1 person","content":"### sec.93 Licence issued to more than 1 person\n\nIf a licence is issued jointly to more than 1 person, a reference in this Act to the licensee is a reference to each of the persons.","sortOrder":119},{"sectionNumber":"sec.94","sectionType":"section","heading":"Form of licence","content":"### sec.94 Form of licence\n\nA licence must—\nbe in the approved form; and\nstate the following particulars—\nthe licensee’s name and address;\nfor fixed premises, the address of the premises;\nfor mobile premises, a description of the premises that includes—\nif the premises are a vehicle that is required to be registered—the registration number of the vehicle; or\nif the premises are a food vending machine—the serial number or other unique identifying number or mark of the food vending machine;\nfor temporary premises, the proposed location of the premises;\nthe term of the licence, including the day it becomes effective and the day it ends;\na description of the food business under the licence;\nthe licence number;\nthe licence conditions.\ns 94 amd 2011 No. 41 s 8\n- (a) be in the approved form; and\n- (b) state the following particulars— (i) the licensee’s name and address; (ii) for fixed premises, the address of the premises; (iii) for mobile premises, a description of the premises that includes— (A) if the premises are a vehicle that is required to be registered—the registration number of the vehicle; or (B) if the premises are a food vending machine—the serial number or other unique identifying number or mark of the food vending machine; (iv) for temporary premises, the proposed location of the premises; (v) the term of the licence, including the day it becomes effective and the day it ends; (vi) a description of the food business under the licence; (vii) the licence number; (viii) the licence conditions.\n- (i) the licensee’s name and address;\n- (ii) for fixed premises, the address of the premises;\n- (iii) for mobile premises, a description of the premises that includes— (A) if the premises are a vehicle that is required to be registered—the registration number of the vehicle; or (B) if the premises are a food vending machine—the serial number or other unique identifying number or mark of the food vending machine;\n- (A) if the premises are a vehicle that is required to be registered—the registration number of the vehicle; or\n- (B) if the premises are a food vending machine—the serial number or other unique identifying number or mark of the food vending machine;\n- (iv) for temporary premises, the proposed location of the premises;\n- (v) the term of the licence, including the day it becomes effective and the day it ends;\n- (vi) a description of the food business under the licence;\n- (vii) the licence number;\n- (viii) the licence conditions.\n- (i) the licensee’s name and address;\n- (ii) for fixed premises, the address of the premises;\n- (iii) for mobile premises, a description of the premises that includes— (A) if the premises are a vehicle that is required to be registered—the registration number of the vehicle; or (B) if the premises are a food vending machine—the serial number or other unique identifying number or mark of the food vending machine;\n- (A) if the premises are a vehicle that is required to be registered—the registration number of the vehicle; or\n- (B) if the premises are a food vending machine—the serial number or other unique identifying number or mark of the food vending machine;\n- (iv) for temporary premises, the proposed location of the premises;\n- (v) the term of the licence, including the day it becomes effective and the day it ends;\n- (vi) a description of the food business under the licence;\n- (vii) the licence number;\n- (viii) the licence conditions.\n- (A) if the premises are a vehicle that is required to be registered—the registration number of the vehicle; or\n- (B) if the premises are a food vending machine—the serial number or other unique identifying number or mark of the food vending machine;","sortOrder":120},{"sectionNumber":"sec.95","sectionType":"section","heading":"Surrender of licence","content":"### sec.95 Surrender of licence\n\nA licensee may surrender the licence by notice given to the local government that issued it.\nThe licence must accompany the notice.\nThe surrender takes effect on the later of the following—\nthe day the notice is given to the local government;\nthe day stated in the notice for that purpose.\n(sec.95-ssec.1) A licensee may surrender the licence by notice given to the local government that issued it.\n(sec.95-ssec.2) The licence must accompany the notice.\n(sec.95-ssec.3) The surrender takes effect on the later of the following— the day the notice is given to the local government; the day stated in the notice for that purpose.\n- (a) the day the notice is given to the local government;\n- (b) the day stated in the notice for that purpose.","sortOrder":121},{"sectionNumber":"sec.96","sectionType":"section","heading":"Application for replacement of licence","content":"### sec.96 Application for replacement of licence\n\nA licensee may apply for replacement of the licence if the licence has been damaged, destroyed, lost or stolen.\nThe application must—\nbe made to the local government that issued the licence; and\ninclude information about the circumstances in which the licence was damaged, destroyed, lost or stolen; and\nbe accompanied by the fee, if any, for the application.\n(sec.96-ssec.1) A licensee may apply for replacement of the licence if the licence has been damaged, destroyed, lost or stolen.\n(sec.96-ssec.2) The application must— be made to the local government that issued the licence; and include information about the circumstances in which the licence was damaged, destroyed, lost or stolen; and be accompanied by the fee, if any, for the application.\n- (a) be made to the local government that issued the licence; and\n- (b) include information about the circumstances in which the licence was damaged, destroyed, lost or stolen; and\n- (c) be accompanied by the fee, if any, for the application.","sortOrder":122},{"sectionNumber":"sec.97","sectionType":"section","heading":"Decision about application for replacement of licence","content":"### sec.97 Decision about application for replacement of licence\n\nThe local government must consider the application and decide to grant, or refuse to grant, the application.\nThe local government must grant the application if the local government is satisfied the licence has been destroyed, lost or stolen, or damaged in a way to require its replacement.\nIf the local government decides to grant the application, the local government must, as soon as practicable, issue another licence to the applicant to replace the damaged, destroyed, lost or stolen licence.\nIf a licence is issued under subsection (3) to replace the damaged, destroyed, lost or stolen licence, the licence is taken not to have been subject to a condition mentioned in section 69 (1) (c) (i) for the period—\nstarting on the day the licensee applied for replacement of the licence; and\nending when the replacement licence is issued to the licensee.\nIf the local government decides to refuse to grant the application, the local government must as soon as practicable give the applicant an information notice for the decision.\n(sec.97-ssec.1) The local government must consider the application and decide to grant, or refuse to grant, the application.\n(sec.97-ssec.2) The local government must grant the application if the local government is satisfied the licence has been destroyed, lost or stolen, or damaged in a way to require its replacement.\n(sec.97-ssec.3) If the local government decides to grant the application, the local government must, as soon as practicable, issue another licence to the applicant to replace the damaged, destroyed, lost or stolen licence.\n(sec.97-ssec.4) If a licence is issued under subsection (3) to replace the damaged, destroyed, lost or stolen licence, the licence is taken not to have been subject to a condition mentioned in section 69 (1) (c) (i) for the period— starting on the day the licensee applied for replacement of the licence; and ending when the replacement licence is issued to the licensee.\n(sec.97-ssec.5) If the local government decides to refuse to grant the application, the local government must as soon as practicable give the applicant an information notice for the decision.\n- (a) starting on the day the licensee applied for replacement of the licence; and\n- (b) ending when the replacement licence is issued to the licensee.","sortOrder":123},{"sectionNumber":"ch.4-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":124},{"sectionNumber":"sec.98","sectionType":"section","heading":"Content of food safety program","content":"### sec.98 Content of food safety program\n\nA food safety program for a food business must—\nsystematically identify food safety hazards that are reasonably likely to occur in food handling operations of the food business; and\nidentify where, in a food handling operation of the food business, each hazard identified under paragraph (a) can be controlled and the means of control; and\nprovide for the systematic monitoring of the means of control; and\nprovide for appropriate corrective action to be taken when a hazard identified under paragraph (a) is not under control; and\nprovide for regular review of the program to ensure it is appropriate for the food business; and\nprovide for the keeping of appropriate records for the food business, including records about action taken to ensure the business is carried on in compliance with the program; and\ncontain other information, relating to the control of food safety hazards, prescribed under a regulation.\n- (a) systematically identify food safety hazards that are reasonably likely to occur in food handling operations of the food business; and\n- (b) identify where, in a food handling operation of the food business, each hazard identified under paragraph (a) can be controlled and the means of control; and\n- (c) provide for the systematic monitoring of the means of control; and\n- (d) provide for appropriate corrective action to be taken when a hazard identified under paragraph (a) is not under control; and\n- (e) provide for regular review of the program to ensure it is appropriate for the food business; and\n- (f) provide for the keeping of appropriate records for the food business, including records about action taken to ensure the business is carried on in compliance with the program; and\n- (g) contain other information, relating to the control of food safety hazards, prescribed under a regulation.","sortOrder":125},{"sectionNumber":"sec.99","sectionType":"section","heading":"Who must have accredited food safety program","content":"### sec.99 Who must have accredited food safety program\n\nA licensee, other than the holder of a provisional licence, must have an accredited food safety program for the food business under the licence if—\nthe food business involves off-site catering; or\nthe primary activity of the food business is on-site catering at the premises stated in the licence; or\nthe primary activity of the food business is on-site catering at part of the premises stated in the licence; or\na function room used for on-site catering and situated on the premises of a large hotel\nthe food business is carried on as part of the operations of a private hospital under the Private Health Facilities Act 1999 ; or\nthe food business—\ninvolves the handling of potentially hazardous food or other food that is reasonably likely to pose a risk to public health or safety; and\nis a food business prescribed under a regulation.\nMaximum penalty—1,000 penalty units.\nThis provision is an executive liability provision—see section 260 .\nHowever, for subsection (1) (c) , a regulation may exempt a licensee from subsection (1) if the scope of the on-site catering is not more than the limits prescribed in the regulation, including, for example, limits about—\nthe size of the area where the on-site catering is carried out; or\nthe seating capacity of the area; or\nthe number of persons for whom on-site catering is provided; or\nthe frequency of provision of on-site catering; or\nthe proportion of the licensee’s revenue derived from on-site catering.\ns 99 amd 2013 No. 51 s 229 sch 1\n(sec.99-ssec.1) A licensee, other than the holder of a provisional licence, must have an accredited food safety program for the food business under the licence if— the food business involves off-site catering; or the primary activity of the food business is on-site catering at the premises stated in the licence; or the primary activity of the food business is on-site catering at part of the premises stated in the licence; or a function room used for on-site catering and situated on the premises of a large hotel the food business is carried on as part of the operations of a private hospital under the Private Health Facilities Act 1999 ; or the food business— involves the handling of potentially hazardous food or other food that is reasonably likely to pose a risk to public health or safety; and is a food business prescribed under a regulation. Maximum penalty—1,000 penalty units. This provision is an executive liability provision—see section 260 .\n(sec.99-ssec.2) However, for subsection (1) (c) , a regulation may exempt a licensee from subsection (1) if the scope of the on-site catering is not more than the limits prescribed in the regulation, including, for example, limits about— the size of the area where the on-site catering is carried out; or the seating capacity of the area; or the number of persons for whom on-site catering is provided; or the frequency of provision of on-site catering; or the proportion of the licensee’s revenue derived from on-site catering.\n- (a) the food business involves off-site catering; or\n- (b) the primary activity of the food business is on-site catering at the premises stated in the licence; or\n- (c) the primary activity of the food business is on-site catering at part of the premises stated in the licence; or Example of part of premises stated in a licence— a function room used for on-site catering and situated on the premises of a large hotel\n- (d) the food business is carried on as part of the operations of a private hospital under the Private Health Facilities Act 1999 ; or\n- (e) the food business— (i) involves the handling of potentially hazardous food or other food that is reasonably likely to pose a risk to public health or safety; and (ii) is a food business prescribed under a regulation.\n- (i) involves the handling of potentially hazardous food or other food that is reasonably likely to pose a risk to public health or safety; and\n- (ii) is a food business prescribed under a regulation.\n- (i) involves the handling of potentially hazardous food or other food that is reasonably likely to pose a risk to public health or safety; and\n- (ii) is a food business prescribed under a regulation.\n- (a) the size of the area where the on-site catering is carried out; or\n- (b) the seating capacity of the area; or\n- (c) the number of persons for whom on-site catering is provided; or\n- (d) the frequency of provision of on-site catering; or\n- (e) the proportion of the licensee’s revenue derived from on-site catering.","sortOrder":126},{"sectionNumber":"sec.100","sectionType":"section","heading":"Other persons may have accredited food safety program","content":"### sec.100 Other persons may have accredited food safety program\n\nA person who is not required under section 99 to have an accredited food safety program may apply under part 2 for accreditation of a food safety program for the person’s food business.","sortOrder":127},{"sectionNumber":"sec.101","sectionType":"section","heading":"Particular persons taken to have applied for accreditation of food safety program","content":"### sec.101 Particular persons taken to have applied for accreditation of food safety program\n\nThis section applies to a person if, under chapter 3 , part 3 the person—\napplies for a licence; and\nthe application is accompanied by a proposed food safety program for the food business under the licence.\nThe person—\nis taken to have applied for accreditation of the proposed food safety program when the person applies for the licence; and\nneed not apply for accreditation of the proposed program under section 102 .\n(sec.101-ssec.1) This section applies to a person if, under chapter 3 , part 3 the person— applies for a licence; and the application is accompanied by a proposed food safety program for the food business under the licence.\n(sec.101-ssec.2) The person— is taken to have applied for accreditation of the proposed food safety program when the person applies for the licence; and need not apply for accreditation of the proposed program under section 102 .\n- (a) applies for a licence; and\n- (b) the application is accompanied by a proposed food safety program for the food business under the licence.\n- (a) is taken to have applied for accreditation of the proposed food safety program when the person applies for the licence; and\n- (b) need not apply for accreditation of the proposed program under section 102 .","sortOrder":128},{"sectionNumber":"ch.4-pt.2","sectionType":"part","heading":"Applications for accreditation of food safety programs","content":"# Applications for accreditation of food safety programs","sortOrder":129},{"sectionNumber":"sec.102","sectionType":"section","heading":"Application for accreditation","content":"### sec.102 Application for accreditation\n\nA person may apply for accreditation of a food safety program for a food business carried on by the person.\nThe application must be made to—\nfor an applicant who holds a licence for the food business—the local government that issued the licence; or\notherwise—the local government to which the applicant would apply for a licence for the food business under section 52 (2) .\nThe application must—\nbe in the approved form; and\nbe accompanied by—\nthe food safety program; and\nthe fee, if any, for the application.\n(sec.102-ssec.1) A person may apply for accreditation of a food safety program for a food business carried on by the person.\n(sec.102-ssec.2) The application must be made to— for an applicant who holds a licence for the food business—the local government that issued the licence; or otherwise—the local government to which the applicant would apply for a licence for the food business under section 52 (2) .\n(sec.102-ssec.3) The application must— be in the approved form; and be accompanied by— the food safety program; and the fee, if any, for the application.\n- (a) for an applicant who holds a licence for the food business—the local government that issued the licence; or\n- (b) otherwise—the local government to which the applicant would apply for a licence for the food business under section 52 (2) .\n- (a) be in the approved form; and\n- (b) be accompanied by— (i) the food safety program; and (ii) the fee, if any, for the application.\n- (i) the food safety program; and\n- (ii) the fee, if any, for the application.\n- (i) the food safety program; and\n- (ii) the fee, if any, for the application.","sortOrder":130},{"sectionNumber":"sec.103","sectionType":"section","heading":"Consideration of application","content":"### sec.103 Consideration of application\n\nThe local government must consider the application and decide to accredit, or refuse to accredit, the food safety program.\nTo decide the application, the local government must obtain and consider the written advice of an auditor about whether or not the auditor considers the food safety program complies with the criteria in section 104 .\n(sec.103-ssec.1) The local government must consider the application and decide to accredit, or refuse to accredit, the food safety program.\n(sec.103-ssec.2) To decide the application, the local government must obtain and consider the written advice of an auditor about whether or not the auditor considers the food safety program complies with the criteria in section 104 .","sortOrder":131},{"sectionNumber":"sec.104","sectionType":"section","heading":"Criteria for accrediting food safety program","content":"### sec.104 Criteria for accrediting food safety program\n\nThe local government may accredit the food safety program only if satisfied—\nthe program complies with section 98 ; and\nimplementation of the program is reasonably likely to effectively control the food safety hazards of the food business to which the program relates.\n- (a) the program complies with section 98 ; and\n- (b) implementation of the program is reasonably likely to effectively control the food safety hazards of the food business to which the program relates.","sortOrder":132},{"sectionNumber":"sec.105","sectionType":"section","heading":"Inquiry about application","content":"### sec.105 Inquiry about application\n\nBefore deciding the application, the local government may, by notice given to the applicant, require the applicant to give the local government within the reasonable period of at least 30 days stated in the notice, further information or a document the local government reasonably requires to decide the application.\nThe applicant is taken to have withdrawn the application if, within the stated period, the applicant does not comply with the requirement.\nThe information or document under subsection (1) must, if the notice requires, be verified by statutory declaration.\n(sec.105-ssec.1) Before deciding the application, the local government may, by notice given to the applicant, require the applicant to give the local government within the reasonable period of at least 30 days stated in the notice, further information or a document the local government reasonably requires to decide the application.\n(sec.105-ssec.2) The applicant is taken to have withdrawn the application if, within the stated period, the applicant does not comply with the requirement.\n(sec.105-ssec.3) The information or document under subsection (1) must, if the notice requires, be verified by statutory declaration.","sortOrder":133},{"sectionNumber":"sec.106","sectionType":"section","heading":"Decision on application","content":"### sec.106 Decision on application\n\nIf the local government decides to accredit the food safety program, the local government must—\nrecord on the program that it is accredited; and\ngive the accredited program to the applicant; and\nkeep a copy of the accredited program.\nIf the local government decides to refuse to accredit the food safety program, the local government must as soon as practicable give the applicant an information notice for the decision.\n(sec.106-ssec.1) If the local government decides to accredit the food safety program, the local government must— record on the program that it is accredited; and give the accredited program to the applicant; and keep a copy of the accredited program.\n(sec.106-ssec.2) If the local government decides to refuse to accredit the food safety program, the local government must as soon as practicable give the applicant an information notice for the decision.\n- (a) record on the program that it is accredited; and\n- (b) give the accredited program to the applicant; and\n- (c) keep a copy of the accredited program.","sortOrder":134},{"sectionNumber":"sec.107","sectionType":"section","heading":"Failure to decide application","content":"### sec.107 Failure to decide application\n\nSubject to subsections (2) and (3) , if the local government fails to decide the application within 30 days after its receipt, the failure is taken to be a decision by the local government to refuse to accredit the food safety program.\nSubsection (3) applies if—\na person has made an application for accreditation of a food safety program; and\nthe local government has, under section 105 (1) , required the applicant to give the local government further information or a document.\nThe local government is taken to have refused to accredit the food safety program if the local government does not decide the application within 30 days after the local government receives the further information or document.\nIf the application is refused under this section, the applicant is entitled to be given an information notice by the local government for the decision.\n(sec.107-ssec.1) Subject to subsections (2) and (3) , if the local government fails to decide the application within 30 days after its receipt, the failure is taken to be a decision by the local government to refuse to accredit the food safety program.\n(sec.107-ssec.2) Subsection (3) applies if— a person has made an application for accreditation of a food safety program; and the local government has, under section 105 (1) , required the applicant to give the local government further information or a document.\n(sec.107-ssec.3) The local government is taken to have refused to accredit the food safety program if the local government does not decide the application within 30 days after the local government receives the further information or document.\n(sec.107-ssec.4) If the application is refused under this section, the applicant is entitled to be given an information notice by the local government for the decision.\n- (a) a person has made an application for accreditation of a food safety program; and\n- (b) the local government has, under section 105 (1) , required the applicant to give the local government further information or a document.","sortOrder":135},{"sectionNumber":"sec.108","sectionType":"section","heading":"Further consideration of application","content":"### sec.108 Further consideration of application\n\nThis section applies if the local government considers more time is needed to make a decision about the application because of the complexity of the matters that need to be considered in deciding the application.\nThe local government may at any time before the final consideration day give notice to the applicant that—\nbecause of the complexity of the matters that need to be considered in deciding the application, the local government needs more time to decide the application; and\nthe period within which the local government must decide the application is extended to a day (the extended day ) that is 30 days after the final consideration day.\nAlso, the applicant and local government may at any time before the final consideration day agree in writing on a day (the agreed extended day ) by which the application must be decided.\nThe local government is taken to have refused to accredit the food safety program if the local government does not decide the application by the latest of the following days—\nif the local government has given a notice to the applicant under subsection (2) —the extended day;\nif there is an agreement between the applicant and the local government under subsection (3) —the agreed extended day;\nif both subsections (2) and (3) apply—the later of the extended day and the agreed extended day.\nIn this section—\nfinal consideration day means the latest of the following days—\nthe day that is 30 days after receipt of the application;\nif the local government has, under section 105 (1) , required the applicant to give the local government further information or a document—the day that is 30 days after the local government receives the further information or document.\n(sec.108-ssec.1) This section applies if the local government considers more time is needed to make a decision about the application because of the complexity of the matters that need to be considered in deciding the application.\n(sec.108-ssec.2) The local government may at any time before the final consideration day give notice to the applicant that— because of the complexity of the matters that need to be considered in deciding the application, the local government needs more time to decide the application; and the period within which the local government must decide the application is extended to a day (the extended day ) that is 30 days after the final consideration day.\n(sec.108-ssec.3) Also, the applicant and local government may at any time before the final consideration day agree in writing on a day (the agreed extended day ) by which the application must be decided.\n(sec.108-ssec.4) The local government is taken to have refused to accredit the food safety program if the local government does not decide the application by the latest of the following days— if the local government has given a notice to the applicant under subsection (2) —the extended day; if there is an agreement between the applicant and the local government under subsection (3) —the agreed extended day; if both subsections (2) and (3) apply—the later of the extended day and the agreed extended day.\n(sec.108-ssec.5) In this section— final consideration day means the latest of the following days— the day that is 30 days after receipt of the application; if the local government has, under section 105 (1) , required the applicant to give the local government further information or a document—the day that is 30 days after the local government receives the further information or document.\n- (a) because of the complexity of the matters that need to be considered in deciding the application, the local government needs more time to decide the application; and\n- (b) the period within which the local government must decide the application is extended to a day (the extended day ) that is 30 days after the final consideration day.\n- (a) if the local government has given a notice to the applicant under subsection (2) —the extended day;\n- (b) if there is an agreement between the applicant and the local government under subsection (3) —the agreed extended day;\n- (c) if both subsections (2) and (3) apply—the later of the extended day and the agreed extended day.\n- (a) the day that is 30 days after receipt of the application;\n- (b) if the local government has, under section 105 (1) , required the applicant to give the local government further information or a document—the day that is 30 days after the local government receives the further information or document.","sortOrder":136},{"sectionNumber":"ch.4-pt.3","sectionType":"part","heading":"Matters about compliance audits for accredited food safety programs","content":"# Matters about compliance audits for accredited food safety programs","sortOrder":137},{"sectionNumber":"sec.109","sectionType":"section","heading":"Frequency of compliance audits","content":"### sec.109 Frequency of compliance audits\n\nThis section applies if a local government accredits a food safety program under section 63 (2) (a) or part 2 .\nThe local government must, as soon as practicable after accrediting the food safety program—\ndecide how often the holder of the program must have compliance audits of the program conducted under this Act; and\ngive the holder an information notice for the decision.\nTo decide the frequency of compliance audits for subsection (2) (a) , the local government must have regard to—\nthe nature of the food handled in the food business to which the program relates; and\nthe nature and extent of food handling carried on in the food business.\nThis section is subject to section 157 .\n(sec.109-ssec.1) This section applies if a local government accredits a food safety program under section 63 (2) (a) or part 2 .\n(sec.109-ssec.2) The local government must, as soon as practicable after accrediting the food safety program— decide how often the holder of the program must have compliance audits of the program conducted under this Act; and give the holder an information notice for the decision.\n(sec.109-ssec.3) To decide the frequency of compliance audits for subsection (2) (a) , the local government must have regard to— the nature of the food handled in the food business to which the program relates; and the nature and extent of food handling carried on in the food business.\n(sec.109-ssec.4) This section is subject to section 157 .\n- (a) decide how often the holder of the program must have compliance audits of the program conducted under this Act; and\n- (b) give the holder an information notice for the decision.\n- (a) the nature of the food handled in the food business to which the program relates; and\n- (b) the nature and extent of food handling carried on in the food business.","sortOrder":138},{"sectionNumber":"sec.110","sectionType":"section","heading":"Changing frequency of compliance audits","content":"### sec.110 Changing frequency of compliance audits\n\nA local government may change the frequency of compliance audits for a food safety program accredited by the local government if, having regard to the matters mentioned in section 109 (3) , the local government considers it necessary to make the change in the interests of public health or safety.\nIn deciding whether to change the frequency of compliance audits for the food safety program, the local government also may have regard to the results of a compliance or nonconformance audit of the program.\nIf the local government decides to change the frequency of compliance audits for the food safety program by increasing the frequency of the audits, the local government must as soon as practicable give the holder of the program an information notice for the decision.\nIf the local government decides to change the frequency of compliance audits for the food safety program by decreasing the frequency of the audits, the local government must as soon as practicable give the holder of the program notice of the change.\n(sec.110-ssec.1) A local government may change the frequency of compliance audits for a food safety program accredited by the local government if, having regard to the matters mentioned in section 109 (3) , the local government considers it necessary to make the change in the interests of public health or safety.\n(sec.110-ssec.2) In deciding whether to change the frequency of compliance audits for the food safety program, the local government also may have regard to the results of a compliance or nonconformance audit of the program.\n(sec.110-ssec.3) If the local government decides to change the frequency of compliance audits for the food safety program by increasing the frequency of the audits, the local government must as soon as practicable give the holder of the program an information notice for the decision.\n(sec.110-ssec.4) If the local government decides to change the frequency of compliance audits for the food safety program by decreasing the frequency of the audits, the local government must as soon as practicable give the holder of the program notice of the change.","sortOrder":139},{"sectionNumber":"sec.111","sectionType":"section","heading":"Limitation on frequency of compliance audits","content":"### sec.111 Limitation on frequency of compliance audits\n\nThe frequency of compliance audits for a food safety program decided by a local government under this part must not be more than the frequency prescribed under a regulation for the food business to which the program relates.","sortOrder":140},{"sectionNumber":"ch.4-pt.4","sectionType":"part","heading":"Amendment of accredited food safety programs","content":"# Amendment of accredited food safety programs","sortOrder":141},{"sectionNumber":"ch.4-pt.4-div.1","sectionType":"division","heading":"Amendment by holder of accredited food safety program","content":"## Amendment by holder of accredited food safety program","sortOrder":142},{"sectionNumber":"sec.112","sectionType":"section","heading":"Application for approval of amendment","content":"### sec.112 Application for approval of amendment\n\nThis section applies to the holder of an accredited food safety program if—\nthe holder proposes to change the way food is handled in the carrying on of the food business to which the program relates; and\nbecause of the proposed change—\nthe program will no longer identify the food safety hazards of the food business; and\nimplementation of the program will no longer effectively control the food safety hazards.\nBefore changing the way food is handled in the carrying on of the food business, the holder must—\namend the food safety program to ensure—\nthe program identifies the food safety hazards of the food business as proposed to be changed; and\nimplementation of the program will effectively control the food safety hazards of the food business as proposed to be changed; and\napply under this section for approval of the amendment.\nThe application must—\nbe made to the local government that accredited the food safety program; and\nbe accompanied by—\nthe amended program; and\nthe fee, if any, for the application.\nThe local government must consider the application and decide to approve, or refuse to approve, the amendment.\nThe local government may approve the amendment only if satisfied—\nthe amended program complies with section 98 ; and\nimplementation of the amended program is reasonably likely to effectively control the food safety hazards of the food business to which the program relates.\nIf the local government decides to refuse to approve the amendment, the local government must as soon as practicable give the applicant an information notice for the decision.\nIf the local government decides to approve the amendment, the local government must—\nrecord on the food safety program that the amendment is approved; and\ngive the program to the applicant; and\nkeep a copy of the program.\nFor this Act, the amended food safety program is taken to comply with section 98 from the day the holder of the program amends it until the local government decides the application.\n(sec.112-ssec.1) This section applies to the holder of an accredited food safety program if— the holder proposes to change the way food is handled in the carrying on of the food business to which the program relates; and because of the proposed change— the program will no longer identify the food safety hazards of the food business; and implementation of the program will no longer effectively control the food safety hazards.\n(sec.112-ssec.2) Before changing the way food is handled in the carrying on of the food business, the holder must— amend the food safety program to ensure— the program identifies the food safety hazards of the food business as proposed to be changed; and implementation of the program will effectively control the food safety hazards of the food business as proposed to be changed; and apply under this section for approval of the amendment.\n(sec.112-ssec.3) The application must— be made to the local government that accredited the food safety program; and be accompanied by— the amended program; and the fee, if any, for the application.\n(sec.112-ssec.4) The local government must consider the application and decide to approve, or refuse to approve, the amendment.\n(sec.112-ssec.5) The local government may approve the amendment only if satisfied— the amended program complies with section 98 ; and implementation of the amended program is reasonably likely to effectively control the food safety hazards of the food business to which the program relates.\n(sec.112-ssec.6) If the local government decides to refuse to approve the amendment, the local government must as soon as practicable give the applicant an information notice for the decision.\n(sec.112-ssec.7) If the local government decides to approve the amendment, the local government must— record on the food safety program that the amendment is approved; and give the program to the applicant; and keep a copy of the program.\n(sec.112-ssec.8) For this Act, the amended food safety program is taken to comply with section 98 from the day the holder of the program amends it until the local government decides the application.\n- (a) the holder proposes to change the way food is handled in the carrying on of the food business to which the program relates; and\n- (b) because of the proposed change— (i) the program will no longer identify the food safety hazards of the food business; and (ii) implementation of the program will no longer effectively control the food safety hazards.\n- (i) the program will no longer identify the food safety hazards of the food business; and\n- (ii) implementation of the program will no longer effectively control the food safety hazards.\n- (i) the program will no longer identify the food safety hazards of the food business; and\n- (ii) implementation of the program will no longer effectively control the food safety hazards.\n- (a) amend the food safety program to ensure— (i) the program identifies the food safety hazards of the food business as proposed to be changed; and (ii) implementation of the program will effectively control the food safety hazards of the food business as proposed to be changed; and\n- (i) the program identifies the food safety hazards of the food business as proposed to be changed; and\n- (ii) implementation of the program will effectively control the food safety hazards of the food business as proposed to be changed; and\n- (b) apply under this section for approval of the amendment.\n- (i) the program identifies the food safety hazards of the food business as proposed to be changed; and\n- (ii) implementation of the program will effectively control the food safety hazards of the food business as proposed to be changed; and\n- (a) be made to the local government that accredited the food safety program; and\n- (b) be accompanied by— (i) the amended program; and (ii) the fee, if any, for the application.\n- (i) the amended program; and\n- (ii) the fee, if any, for the application.\n- (i) the amended program; and\n- (ii) the fee, if any, for the application.\n- (a) the amended program complies with section 98 ; and\n- (b) implementation of the amended program is reasonably likely to effectively control the food safety hazards of the food business to which the program relates.\n- (a) record on the food safety program that the amendment is approved; and\n- (b) give the program to the applicant; and\n- (c) keep a copy of the program.","sortOrder":143},{"sectionNumber":"sec.113","sectionType":"section","heading":"Inquiry about application","content":"### sec.113 Inquiry about application\n\nBefore deciding the application, the local government may, by notice given to the applicant, require the applicant to give the local government within the reasonable period of at least 30 days stated in the notice, further information or a document the local government reasonably requires to decide the application.\nThe applicant is taken to have withdrawn the application if, within the stated period, the applicant does not comply with the requirement.\nThe information or document under subsection (1) must, if the notice requires, be verified by statutory declaration.\n(sec.113-ssec.1) Before deciding the application, the local government may, by notice given to the applicant, require the applicant to give the local government within the reasonable period of at least 30 days stated in the notice, further information or a document the local government reasonably requires to decide the application.\n(sec.113-ssec.2) The applicant is taken to have withdrawn the application if, within the stated period, the applicant does not comply with the requirement.\n(sec.113-ssec.3) The information or document under subsection (1) must, if the notice requires, be verified by statutory declaration.","sortOrder":144},{"sectionNumber":"ch.4-pt.4-div.2","sectionType":"division","heading":"Amendment of accredited food safety program—local government’s initiative","content":"## Amendment of accredited food safety program—local government’s initiative","sortOrder":145},{"sectionNumber":"sec.114","sectionType":"section","heading":"Local government may direct holder to amend accredited food safety program","content":"### sec.114 Local government may direct holder to amend accredited food safety program\n\nA local government may direct the holder of a food safety program accredited by the local government to amend the program if the local government considers it necessary or desirable to make the amendment, having regard to the matters about which it must be satisfied under section 104 .\nA direction under subsection (1) must be by notice given to the holder of the program.\nThe notice must—\ninclude information about the nature of the amendment required to be made by the holder; and\nstate the day by which the holder must make the amendment; and\nbe accompanied by an information notice for the decision to give the direction.\nThe stated day must be at least 30 days after the notice is given to the holder.\nThe holder must comply with the direction, unless the holder has a reasonable excuse.\nMaximum penalty—200 penalty units.\nIf a corporation commits an offence against this provision, each executive officer of the corporation may be taken, under section 260A , to have also committed the offence.\ns 114 amd 2013 No. 51 s 229 sch 1\n(sec.114-ssec.1) A local government may direct the holder of a food safety program accredited by the local government to amend the program if the local government considers it necessary or desirable to make the amendment, having regard to the matters about which it must be satisfied under section 104 .\n(sec.114-ssec.2) A direction under subsection (1) must be by notice given to the holder of the program.\n(sec.114-ssec.3) The notice must— include information about the nature of the amendment required to be made by the holder; and state the day by which the holder must make the amendment; and be accompanied by an information notice for the decision to give the direction.\n(sec.114-ssec.4) The stated day must be at least 30 days after the notice is given to the holder.\n(sec.114-ssec.5) The holder must comply with the direction, unless the holder has a reasonable excuse. Maximum penalty—200 penalty units. If a corporation commits an offence against this provision, each executive officer of the corporation may be taken, under section 260A , to have also committed the offence.\n- (a) include information about the nature of the amendment required to be made by the holder; and\n- (b) state the day by which the holder must make the amendment; and\n- (c) be accompanied by an information notice for the decision to give the direction.","sortOrder":146},{"sectionNumber":"sec.115","sectionType":"section","heading":"Amending accredited food safety program","content":"### sec.115 Amending accredited food safety program\n\nAs soon as practicable after amending a food safety program to comply with a direction under section 114 , the holder of the program must give to the local government—\nthe amended program; and\nthe fee, if any, for the local government’s consideration of the amended program.\nIf the local government is satisfied the amendment complies with the direction, the local government must—\nrecord on the food safety program that the amendment complies with the direction; and\ngive the program to the applicant; and\nkeep a copy of the program.\n(sec.115-ssec.1) As soon as practicable after amending a food safety program to comply with a direction under section 114 , the holder of the program must give to the local government— the amended program; and the fee, if any, for the local government’s consideration of the amended program.\n(sec.115-ssec.2) If the local government is satisfied the amendment complies with the direction, the local government must— record on the food safety program that the amendment complies with the direction; and give the program to the applicant; and keep a copy of the program.\n- (a) the amended program; and\n- (b) the fee, if any, for the local government’s consideration of the amended program.\n- (a) record on the food safety program that the amendment complies with the direction; and\n- (b) give the program to the applicant; and\n- (c) keep a copy of the program.","sortOrder":147},{"sectionNumber":"ch.4-pt.5","sectionType":"part","heading":"Cancellation of accreditation, and surrender, of particular food safety programs","content":"# Cancellation of accreditation, and surrender, of particular food safety programs","sortOrder":148},{"sectionNumber":"sec.116","sectionType":"section","heading":"Application of pt 5","content":"### sec.116 Application of pt 5\n\nThis part applies only to an accredited food safety program held by a person who is not required under section 99 to have the accredited program for the person’s food business.","sortOrder":149},{"sectionNumber":"sec.117","sectionType":"section","heading":"Grounds for cancellation","content":"### sec.117 Grounds for cancellation\n\nEach of the following is a ground for cancelling the accreditation of the food safety program—\nthe holder of the program has not complied with the program and the noncompliance is likely to result in a significant risk to public health or safety;\nthe holder has not had compliance audits of the program conducted as required, under part 3 , by the local government that accredited the program;\nthe holder has contravened a relevant provision;\nthe program was accredited because of a materially false or misleading representation or declaration.\nIn this section—\nrelevant provision means section 112 (2) , 114 (5) , 115 (1) , 157 (1) , 163 (1) , 267 (2) or 268 (2) of this Act.\n(sec.117-ssec.1) Each of the following is a ground for cancelling the accreditation of the food safety program— the holder of the program has not complied with the program and the noncompliance is likely to result in a significant risk to public health or safety; the holder has not had compliance audits of the program conducted as required, under part 3 , by the local government that accredited the program; the holder has contravened a relevant provision; the program was accredited because of a materially false or misleading representation or declaration.\n(sec.117-ssec.2) In this section— relevant provision means section 112 (2) , 114 (5) , 115 (1) , 157 (1) , 163 (1) , 267 (2) or 268 (2) of this Act.\n- (a) the holder of the program has not complied with the program and the noncompliance is likely to result in a significant risk to public health or safety;\n- (b) the holder has not had compliance audits of the program conducted as required, under part 3 , by the local government that accredited the program;\n- (c) the holder has contravened a relevant provision;\n- (d) the program was accredited because of a materially false or misleading representation or declaration.","sortOrder":150},{"sectionNumber":"sec.118","sectionType":"section","heading":"Show cause notice","content":"### sec.118 Show cause notice\n\nIf the local government that accredited the food safety program believes a ground exists to cancel its accreditation, the local government must give the holder of the program a notice under this section (a show cause notice ).\nThe show cause notice must state the following—\nthe action the local government proposes taking under this part (the proposed action );\nthe grounds for the proposed action;\nan outline of the facts and circumstances forming the basis for the grounds;\nthat the holder may, within a stated period (the show cause period ), make written representations to the local government to show why the proposed action should not be taken.\nThe show cause period must end at least 21 days after the holder is given the show cause notice.\n(sec.118-ssec.1) If the local government that accredited the food safety program believes a ground exists to cancel its accreditation, the local government must give the holder of the program a notice under this section (a show cause notice ).\n(sec.118-ssec.2) The show cause notice must state the following— the action the local government proposes taking under this part (the proposed action ); the grounds for the proposed action; an outline of the facts and circumstances forming the basis for the grounds; that the holder may, within a stated period (the show cause period ), make written representations to the local government to show why the proposed action should not be taken.\n(sec.118-ssec.3) The show cause period must end at least 21 days after the holder is given the show cause notice.\n- (a) the action the local government proposes taking under this part (the proposed action );\n- (b) the grounds for the proposed action;\n- (c) an outline of the facts and circumstances forming the basis for the grounds;\n- (d) that the holder may, within a stated period (the show cause period ), make written representations to the local government to show why the proposed action should not be taken.","sortOrder":151},{"sectionNumber":"sec.119","sectionType":"section","heading":"Representations about show cause notice","content":"### sec.119 Representations about show cause notice\n\nThe holder may make written representations about the show cause notice to the local government in the show cause period.\nThe local government must consider all representations (the accepted representations ) made under subsection (1) .\n(sec.119-ssec.1) The holder may make written representations about the show cause notice to the local government in the show cause period.\n(sec.119-ssec.2) The local government must consider all representations (the accepted representations ) made under subsection (1) .","sortOrder":152},{"sectionNumber":"sec.120","sectionType":"section","heading":"Ending show cause process without further action","content":"### sec.120 Ending show cause process without further action\n\nIf, after considering the accepted representations for the show cause notice, the local government no longer believes a ground exists to cancel the accreditation, the local government—\nmust not take any further action about the show cause notice; and\nmust give the holder a notice that no further action is to be taken about the show cause notice.\n- (a) must not take any further action about the show cause notice; and\n- (b) must give the holder a notice that no further action is to be taken about the show cause notice.","sortOrder":153},{"sectionNumber":"sec.121","sectionType":"section","heading":"Cancellation","content":"### sec.121 Cancellation\n\nThis section applies if—\nthere are no accepted representations for the show cause notice; or\nafter considering the accepted representations for the show cause notice, the local government—\nstill believes a ground exists to cancel the accreditation; and\nbelieves cancellation of the accreditation is warranted.\nThe local government may cancel the accreditation.\nIf the local government decides to take action under subsection (2) , the local government must as soon as practicable give the holder an information notice for the decision.\nThe decision takes effect on the later of the following—\nthe day the information notice is given to the holder;\nthe day stated in the information notice for that purpose.\n(sec.121-ssec.1) This section applies if— there are no accepted representations for the show cause notice; or after considering the accepted representations for the show cause notice, the local government— still believes a ground exists to cancel the accreditation; and believes cancellation of the accreditation is warranted.\n(sec.121-ssec.2) The local government may cancel the accreditation.\n(sec.121-ssec.3) If the local government decides to take action under subsection (2) , the local government must as soon as practicable give the holder an information notice for the decision.\n(sec.121-ssec.4) The decision takes effect on the later of the following— the day the information notice is given to the holder; the day stated in the information notice for that purpose.\n- (a) there are no accepted representations for the show cause notice; or\n- (b) after considering the accepted representations for the show cause notice, the local government— (i) still believes a ground exists to cancel the accreditation; and (ii) believes cancellation of the accreditation is warranted.\n- (i) still believes a ground exists to cancel the accreditation; and\n- (ii) believes cancellation of the accreditation is warranted.\n- (i) still believes a ground exists to cancel the accreditation; and\n- (ii) believes cancellation of the accreditation is warranted.\n- (a) the day the information notice is given to the holder;\n- (b) the day stated in the information notice for that purpose.","sortOrder":154},{"sectionNumber":"sec.122","sectionType":"section","heading":"Surrender of accredited food safety program","content":"### sec.122 Surrender of accredited food safety program\n\nThe holder of an accredited food safety program to which this part applies may surrender the program by notice given to the local government that accredited it.\nThe accredited food safety program must accompany the notice.\nThe surrender takes effect on the later of the following—\nthe day the notice is given to the local government;\nthe day stated in the notice for that purpose.\n(sec.122-ssec.1) The holder of an accredited food safety program to which this part applies may surrender the program by notice given to the local government that accredited it.\n(sec.122-ssec.2) The accredited food safety program must accompany the notice.\n(sec.122-ssec.3) The surrender takes effect on the later of the following— the day the notice is given to the local government; the day stated in the notice for that purpose.\n- (a) the day the notice is given to the local government;\n- (b) the day stated in the notice for that purpose.","sortOrder":155},{"sectionNumber":"ch.4-pt.6","sectionType":"part","heading":"Other provisions about accredited food safety programs","content":"# Other provisions about accredited food safety programs","sortOrder":156},{"sectionNumber":"sec.123","sectionType":"section","heading":"Obligation to comply with accredited food safety program","content":"### sec.123 Obligation to comply with accredited food safety program\n\nA licensee who, under section 99 , must have an accredited food safety program for a food business must comply with the program in carrying on the business.\nMaximum penalty—500 penalty units.\nThis provision is an executive liability provision—see section 260 .\ns 123 amd 2013 No. 51 s 229 sch 1","sortOrder":157},{"sectionNumber":"sec.124","sectionType":"section","heading":"Keeping copy of accredited food safety program","content":"### sec.124 Keeping copy of accredited food safety program\n\nA licensee who, under section 99 , must have an accredited food safety program for a food business must keep a copy of the program at each fixed premises and mobile premises from which the business is carried on.\nMaximum penalty—50 penalty units.\nIf a corporation commits an offence against this provision, each executive officer of the corporation may be taken, under section 260A , to have also committed the offence.\ns 124 amd 2013 No. 51 s 229 sch 1","sortOrder":158},{"sectionNumber":"sec.125","sectionType":"section","heading":"Inspection of accredited food safety program","content":"### sec.125 Inspection of accredited food safety program\n\nA licensee who, under section 99 , must have an accredited food safety program for a food business must keep the program available for inspection by the licensee’s employees in the food business.\nMaximum penalty—50 penalty units.\nIf a corporation commits an offence against this provision, each executive officer of the corporation may be taken, under section 260A , to have also committed the offence.\ns 125 amd 2013 No. 51 s 229 sch 1","sortOrder":159},{"sectionNumber":"sec.126","sectionType":"section","heading":"Offence about advertising","content":"### sec.126 Offence about advertising\n\nA licensee who is not the holder of an accredited food safety program for a food business must not advertise that the licensee has an accredited food safety program for the business.\nMaximum penalty—200 penalty units.\nIf a corporation commits an offence against this provision, each executive officer of the corporation may be taken, under section 260A , to have also committed the offence.\ns 126 amd 2013 No. 51 s 229 sch 1","sortOrder":160},{"sectionNumber":"ch.5-pt.1","sectionType":"part","heading":"Functions and approval of auditors","content":"# Functions and approval of auditors","sortOrder":161},{"sectionNumber":"ch.5-pt.1-div.1","sectionType":"division","heading":"Functions","content":"## Functions","sortOrder":162},{"sectionNumber":"sec.127","sectionType":"section","heading":"Auditor’s functions","content":"### sec.127 Auditor’s functions\n\nThe functions of an auditor are as follows—\nto advise local governments about the accreditation of food safety programs;\nto conduct audits of accredited food safety programs under chapter 6 ;\nto prepare, under section 161 , reports of audits conducted by the auditor;\nto give the chief executive information requested by the chief executive about audits conducted by the auditor;\nany other function about accreditation or auditing of food safety programs prescribed under a regulation.\n- (a) to advise local governments about the accreditation of food safety programs;\n- (b) to conduct audits of accredited food safety programs under chapter 6 ;\n- (c) to prepare, under section 161 , reports of audits conducted by the auditor;\n- (d) to give the chief executive information requested by the chief executive about audits conducted by the auditor;\n- (e) any other function about accreditation or auditing of food safety programs prescribed under a regulation.","sortOrder":163},{"sectionNumber":"ch.5-pt.1-div.2","sectionType":"division","heading":"Obtaining approval as auditor","content":"## Obtaining approval as auditor","sortOrder":164},{"sectionNumber":"sec.128","sectionType":"section","heading":"Application for approval as auditor","content":"### sec.128 Application for approval as auditor\n\nAn individual may apply to the chief executive for an approval as an auditor.\nThe application must comply with section 151 .\n(sec.128-ssec.1) An individual may apply to the chief executive for an approval as an auditor.\n(sec.128-ssec.2) The application must comply with section 151 .","sortOrder":165},{"sectionNumber":"sec.129","sectionType":"section","heading":"Consideration of application","content":"### sec.129 Consideration of application\n\nThe chief executive must consider the application and decide to grant, or refuse to grant, the application.","sortOrder":166},{"sectionNumber":"sec.130","sectionType":"section","heading":"Criteria for granting application","content":"### sec.130 Criteria for granting application\n\nThe chief executive may grant the application only if satisfied the applicant—\nhas the necessary expertise or experience to perform the functions of an auditor; and\nis a suitable person to be an auditor.\n- (a) has the necessary expertise or experience to perform the functions of an auditor; and\n- (b) is a suitable person to be an auditor.","sortOrder":167},{"sectionNumber":"sec.131","sectionType":"section","heading":"Suitability of person to be an auditor","content":"### sec.131 Suitability of person to be an auditor\n\nIn deciding whether the applicant is a suitable person to be an auditor, the chief executive may have regard to—\nwhether the applicant has been refused an approval or an accreditation as an auditor under this Act or a corresponding law; or\nwhether the applicant held an approval or an accreditation as an auditor under this Act or a corresponding law that was suspended or cancelled; or\nanother matter the chief executive considers relevant to the person’s ability to perform the functions of an auditor.\n- (a) whether the applicant has been refused an approval or an accreditation as an auditor under this Act or a corresponding law; or\n- (b) whether the applicant held an approval or an accreditation as an auditor under this Act or a corresponding law that was suspended or cancelled; or\n- (c) another matter the chief executive considers relevant to the person’s ability to perform the functions of an auditor.","sortOrder":168},{"sectionNumber":"sec.132","sectionType":"section","heading":"Inquiry about application","content":"### sec.132 Inquiry about application\n\nBefore deciding the application, the chief executive—\nmay make inquiries to decide the suitability of the applicant to be an auditor; and\nmay, by notice given to the applicant, require the applicant to give the chief executive within the reasonable period of at least 30 days stated in the notice, further information or a document the chief executive reasonably requires to decide the application.\nThe applicant is taken to have withdrawn the application if, within the stated period, the applicant does not comply with a requirement under subsection (1) (b) .\nA notice under subsection (1) (b) must be given to the applicant within 30 days after the chief executive receives the application.\nThe information or document under subsection (1) (b) must, if the notice requires, be verified by statutory declaration.\n(sec.132-ssec.1) Before deciding the application, the chief executive— may make inquiries to decide the suitability of the applicant to be an auditor; and may, by notice given to the applicant, require the applicant to give the chief executive within the reasonable period of at least 30 days stated in the notice, further information or a document the chief executive reasonably requires to decide the application.\n(sec.132-ssec.2) The applicant is taken to have withdrawn the application if, within the stated period, the applicant does not comply with a requirement under subsection (1) (b) .\n(sec.132-ssec.3) A notice under subsection (1) (b) must be given to the applicant within 30 days after the chief executive receives the application.\n(sec.132-ssec.4) The information or document under subsection (1) (b) must, if the notice requires, be verified by statutory declaration.\n- (a) may make inquiries to decide the suitability of the applicant to be an auditor; and\n- (b) may, by notice given to the applicant, require the applicant to give the chief executive within the reasonable period of at least 30 days stated in the notice, further information or a document the chief executive reasonably requires to decide the application.","sortOrder":169},{"sectionNumber":"sec.133","sectionType":"section","heading":"Decision on application","content":"### sec.133 Decision on application\n\nIf the chief executive decides to grant the application, the chief executive must issue the approval to the applicant.\nIf the chief executive decides to refuse to grant the application, or to impose conditions on the approval under section 136 (1) (b) , the chief executive must as soon as practicable give the applicant an information notice for the decision.\n(sec.133-ssec.1) If the chief executive decides to grant the application, the chief executive must issue the approval to the applicant.\n(sec.133-ssec.2) If the chief executive decides to refuse to grant the application, or to impose conditions on the approval under section 136 (1) (b) , the chief executive must as soon as practicable give the applicant an information notice for the decision.","sortOrder":170},{"sectionNumber":"sec.134","sectionType":"section","heading":"Failure to decide application","content":"### sec.134 Failure to decide application\n\nSubject to subsections (2) and (3) and section 134A , if the chief executive fails to decide the application within 30 days after its receipt, the failure is taken to be a decision by the chief executive to refuse to grant the application.\nSubsection (3) applies if—\na person has made an application for an approval; and\nthe chief executive has, under section 132 (1) (b) , required the applicant to give the chief executive further information or a document.\nThe chief executive is taken to have refused to grant the application if the chief executive does not decide the application within 30 days after the chief executive receives the further information or document.\nIf the application is refused under this section, the applicant is entitled to be given an information notice by the chief executive for the decision.\ns 134 amd 2011 No. 41 s 9\n(sec.134-ssec.1) Subject to subsections (2) and (3) and section 134A , if the chief executive fails to decide the application within 30 days after its receipt, the failure is taken to be a decision by the chief executive to refuse to grant the application.\n(sec.134-ssec.2) Subsection (3) applies if— a person has made an application for an approval; and the chief executive has, under section 132 (1) (b) , required the applicant to give the chief executive further information or a document.\n(sec.134-ssec.3) The chief executive is taken to have refused to grant the application if the chief executive does not decide the application within 30 days after the chief executive receives the further information or document.\n(sec.134-ssec.4) If the application is refused under this section, the applicant is entitled to be given an information notice by the chief executive for the decision.\n- (a) a person has made an application for an approval; and\n- (b) the chief executive has, under section 132 (1) (b) , required the applicant to give the chief executive further information or a document.","sortOrder":171},{"sectionNumber":"sec.134A","sectionType":"section","heading":"Further consideration of application","content":"### sec.134A Further consideration of application\n\nThis section applies if the chief executive considers more time is needed to make a decision about the application because of the complexity of the matters that need to be considered in deciding the application.\nan application requiring the chief executive to obtain and consider further information about the applicant from an entity administering a corresponding law\nThe chief executive may at any time before the final consideration day give notice to the applicant that—\nbecause of the complexity of the matters that need to be considered in deciding the application, the chief executive needs more time to decide the application; and\nthe period within which the chief executive must decide the application is extended to a day (the extended day ) that is 30 days after the final consideration day.\nAlso, the applicant and chief executive may at any time before the final consideration day agree in writing on a day (the agreed extended day ) by which the application must be decided.\nThe chief executive is taken to have refused to grant the application if the chief executive does not decide the application by—\nif the chief executive has given a notice to the applicant under subsection (2) —the extended day; or\nif there is an agreement between the applicant and the chief executive under subsection (3) —the agreed extended day; or\nif both subsections (2) and (3) apply—the later of the extended day and the agreed extended day.\nIf the application is refused under subsection (4) , the applicant is entitled to be given an information notice by the chief executive for the decision.\nIn this section—\nfinal consideration day means the later of the following days—\nthe day that is 30 days after receipt of the application;\nif the chief executive has, under section 132 (1) (b) , required the applicant to give the chief executive further information or a document—the day that is 30 days after the chief executive receives the further information or document verified, if required, by statutory declaration.\ns 134A ins 2011 No. 41 s 10\n(sec.134A-ssec.1) This section applies if the chief executive considers more time is needed to make a decision about the application because of the complexity of the matters that need to be considered in deciding the application. an application requiring the chief executive to obtain and consider further information about the applicant from an entity administering a corresponding law\n(sec.134A-ssec.2) The chief executive may at any time before the final consideration day give notice to the applicant that— because of the complexity of the matters that need to be considered in deciding the application, the chief executive needs more time to decide the application; and the period within which the chief executive must decide the application is extended to a day (the extended day ) that is 30 days after the final consideration day.\n(sec.134A-ssec.3) Also, the applicant and chief executive may at any time before the final consideration day agree in writing on a day (the agreed extended day ) by which the application must be decided.\n(sec.134A-ssec.4) The chief executive is taken to have refused to grant the application if the chief executive does not decide the application by— if the chief executive has given a notice to the applicant under subsection (2) —the extended day; or if there is an agreement between the applicant and the chief executive under subsection (3) —the agreed extended day; or if both subsections (2) and (3) apply—the later of the extended day and the agreed extended day.\n(sec.134A-ssec.5) If the application is refused under subsection (4) , the applicant is entitled to be given an information notice by the chief executive for the decision.\n(sec.134A-ssec.6) In this section— final consideration day means the later of the following days— the day that is 30 days after receipt of the application; if the chief executive has, under section 132 (1) (b) , required the applicant to give the chief executive further information or a document—the day that is 30 days after the chief executive receives the further information or document verified, if required, by statutory declaration.\n- (a) because of the complexity of the matters that need to be considered in deciding the application, the chief executive needs more time to decide the application; and\n- (b) the period within which the chief executive must decide the application is extended to a day (the extended day ) that is 30 days after the final consideration day.\n- (a) if the chief executive has given a notice to the applicant under subsection (2) —the extended day; or\n- (b) if there is an agreement between the applicant and the chief executive under subsection (3) —the agreed extended day; or\n- (c) if both subsections (2) and (3) apply—the later of the extended day and the agreed extended day.\n- (a) the day that is 30 days after receipt of the application;\n- (b) if the chief executive has, under section 132 (1) (b) , required the applicant to give the chief executive further information or a document—the day that is 30 days after the chief executive receives the further information or document verified, if required, by statutory declaration.","sortOrder":172},{"sectionNumber":"ch.5-pt.2","sectionType":"part","heading":"Term and conditions of approval","content":"# Term and conditions of approval","sortOrder":173},{"sectionNumber":"sec.135","sectionType":"section","heading":"Term of approval","content":"### sec.135 Term of approval\n\nAn approval remains in force, unless sooner cancelled or suspended, for the term of not more than 3 years decided by the chief executive and stated in the approval.","sortOrder":174},{"sectionNumber":"sec.136","sectionType":"section","heading":"Conditions of approval","content":"### sec.136 Conditions of approval\n\nAn auditor’s approval is subject to the following conditions—\nthe auditor must notify the chief executive of any direct or indirect financial or other interest the auditor has in a food business that could conflict with the proper performance of the auditor’s functions;\nother reasonable conditions the chief executive considers appropriate for the proper conduct of an audit and that are stated in the approval or of which the auditor is notified under subsection (5) .\nFor subsection (1) (a) , the auditor must, unless the auditor has a reasonable excuse, after becoming aware of the interest—\norally notify the chief executive about the interest immediately; and\ngive the chief executive notice about the interest in the approved form within 24 hours after becoming aware of the interest.\nA condition may be imposed under subsection (1) (b) —\nwhen the approval is issued or renewed; or\nat another time if the chief executive considers it necessary to impose the condition to ensure an audit under this Act is conducted appropriately.\nWithout limiting subsection (1) (b) , the chief executive may impose a condition under the subsection stating the type of food business in relation to which the auditor is approved to conduct audits.\nIf the chief executive decides to impose conditions on the approval under subsection (3) (b) , the chief executive must as soon as practicable give the auditor an information notice for the decision.\ns 136 amd 2011 No. 41 s 11\n(sec.136-ssec.1) An auditor’s approval is subject to the following conditions— the auditor must notify the chief executive of any direct or indirect financial or other interest the auditor has in a food business that could conflict with the proper performance of the auditor’s functions; other reasonable conditions the chief executive considers appropriate for the proper conduct of an audit and that are stated in the approval or of which the auditor is notified under subsection (5) .\n(sec.136-ssec.2) For subsection (1) (a) , the auditor must, unless the auditor has a reasonable excuse, after becoming aware of the interest— orally notify the chief executive about the interest immediately; and give the chief executive notice about the interest in the approved form within 24 hours after becoming aware of the interest.\n(sec.136-ssec.3) A condition may be imposed under subsection (1) (b) — when the approval is issued or renewed; or at another time if the chief executive considers it necessary to impose the condition to ensure an audit under this Act is conducted appropriately.\n(sec.136-ssec.4) Without limiting subsection (1) (b) , the chief executive may impose a condition under the subsection stating the type of food business in relation to which the auditor is approved to conduct audits.\n(sec.136-ssec.5) If the chief executive decides to impose conditions on the approval under subsection (3) (b) , the chief executive must as soon as practicable give the auditor an information notice for the decision.\n- (a) the auditor must notify the chief executive of any direct or indirect financial or other interest the auditor has in a food business that could conflict with the proper performance of the auditor’s functions;\n- (b) other reasonable conditions the chief executive considers appropriate for the proper conduct of an audit and that are stated in the approval or of which the auditor is notified under subsection (5) .\n- (a) orally notify the chief executive about the interest immediately; and\n- (b) give the chief executive notice about the interest in the approved form within 24 hours after becoming aware of the interest.\n- (a) when the approval is issued or renewed; or\n- (b) at another time if the chief executive considers it necessary to impose the condition to ensure an audit under this Act is conducted appropriately.","sortOrder":175},{"sectionNumber":"sec.137","sectionType":"section","heading":"Auditor to comply with conditions of approval","content":"### sec.137 Auditor to comply with conditions of approval\n\nAn auditor must not contravene a condition of the auditor’s approval.\nMaximum penalty—100 penalty units.\nThe penalty under subsection (1) may be imposed whether or not the approval is suspended or cancelled because of the contravention.\n(sec.137-ssec.1) An auditor must not contravene a condition of the auditor’s approval. Maximum penalty—100 penalty units.\n(sec.137-ssec.2) The penalty under subsection (1) may be imposed whether or not the approval is suspended or cancelled because of the contravention.","sortOrder":176},{"sectionNumber":"ch.5-pt.3","sectionType":"part","heading":"Renewal of approvals","content":"# Renewal of approvals","sortOrder":177},{"sectionNumber":"sec.138","sectionType":"section","heading":"Application for renewal","content":"### sec.138 Application for renewal\n\nAn auditor may apply to the chief executive for renewal of the auditor’s approval.\nThe application must—\nbe made within 30 days before the term of the approval ends; and\ncomply with section 151 .\nThe chief executive must consider the application and decide to renew, or refuse to renew, the approval.\nIn deciding the application, the chief executive may have regard to the matters to which the chief executive may have regard in deciding whether an applicant for an approval is a suitable person to be an auditor.\nIf the chief executive decides to refuse to renew the approval, or to impose conditions on the approval under section 136 (1) (b) , the chief executive must as soon as practicable give the auditor an information notice for the decision.\nAn approval may be renewed by issuing another approval to replace it.\n(sec.138-ssec.1) An auditor may apply to the chief executive for renewal of the auditor’s approval.\n(sec.138-ssec.2) The application must— be made within 30 days before the term of the approval ends; and comply with section 151 .\n(sec.138-ssec.3) The chief executive must consider the application and decide to renew, or refuse to renew, the approval.\n(sec.138-ssec.4) In deciding the application, the chief executive may have regard to the matters to which the chief executive may have regard in deciding whether an applicant for an approval is a suitable person to be an auditor.\n(sec.138-ssec.5) If the chief executive decides to refuse to renew the approval, or to impose conditions on the approval under section 136 (1) (b) , the chief executive must as soon as practicable give the auditor an information notice for the decision.\n(sec.138-ssec.6) An approval may be renewed by issuing another approval to replace it.\n- (a) be made within 30 days before the term of the approval ends; and\n- (b) comply with section 151 .","sortOrder":178},{"sectionNumber":"sec.139","sectionType":"section","heading":"Inquiry about application","content":"### sec.139 Inquiry about application\n\nBefore deciding an application under section 138 , the chief executive may, by notice given to the applicant, require the applicant to give the chief executive within the reasonable period of at least 30 days stated in the notice, further information or a document the chief executive reasonably requires to decide the application.\nThe applicant is taken to have withdrawn the application if, within the stated period, the applicant does not comply with the requirement.\nThe information or document under subsection (1) must, if the notice requires, be verified by statutory declaration.\n(sec.139-ssec.1) Before deciding an application under section 138 , the chief executive may, by notice given to the applicant, require the applicant to give the chief executive within the reasonable period of at least 30 days stated in the notice, further information or a document the chief executive reasonably requires to decide the application.\n(sec.139-ssec.2) The applicant is taken to have withdrawn the application if, within the stated period, the applicant does not comply with the requirement.\n(sec.139-ssec.3) The information or document under subsection (1) must, if the notice requires, be verified by statutory declaration.","sortOrder":179},{"sectionNumber":"sec.140","sectionType":"section","heading":"Approval continues pending decision about renewal","content":"### sec.140 Approval continues pending decision about renewal\n\nIf an auditor applies for renewal of an approval under section 138 , the approval is taken to continue in force from the day it would, apart from this section, have ended until the application is decided under section 138 or taken to have been withdrawn under section 139 (2) .\nHowever, if an application mentioned in subsection (1) is refused, the approval continues in force until the information notice for the decision is given to the auditor.\nSubsection (1) does not apply if the approval is earlier suspended or cancelled.\n(sec.140-ssec.1) If an auditor applies for renewal of an approval under section 138 , the approval is taken to continue in force from the day it would, apart from this section, have ended until the application is decided under section 138 or taken to have been withdrawn under section 139 (2) .\n(sec.140-ssec.2) However, if an application mentioned in subsection (1) is refused, the approval continues in force until the information notice for the decision is given to the auditor.\n(sec.140-ssec.3) Subsection (1) does not apply if the approval is earlier suspended or cancelled.","sortOrder":180},{"sectionNumber":"ch.5-pt.4","sectionType":"part","heading":"Amending conditions of approvals—application by auditor","content":"# Amending conditions of approvals—application by auditor","sortOrder":181},{"sectionNumber":"sec.141","sectionType":"section","heading":"Application by auditor to amend conditions of approval","content":"### sec.141 Application by auditor to amend conditions of approval\n\nAn auditor may apply to the chief executive to amend the conditions of the auditor’s approval imposed under section 136 (1) (b) .\nThe application must—\nbe accompanied by the approval; and\ncomply with section 151 .\nThe chief executive must consider the application and decide to amend, or refuse to amend, the conditions of the approval.\nThe chief executive may amend the conditions of the approval only if satisfied the applicant has the necessary expertise or experience relevant to the auditing activity the applicant intends to carry out under the approval.\nIf the chief executive decides to refuse to amend the conditions of the approval, the chief executive must as soon as practicable give the applicant—\nthe approval; and\nan information notice for the decision.\nIf the chief executive decides to amend the conditions of the approval, the chief executive must as soon as practicable issue to the applicant another approval showing the amendment.\n(sec.141-ssec.1) An auditor may apply to the chief executive to amend the conditions of the auditor’s approval imposed under section 136 (1) (b) .\n(sec.141-ssec.2) The application must— be accompanied by the approval; and comply with section 151 .\n(sec.141-ssec.3) The chief executive must consider the application and decide to amend, or refuse to amend, the conditions of the approval.\n(sec.141-ssec.4) The chief executive may amend the conditions of the approval only if satisfied the applicant has the necessary expertise or experience relevant to the auditing activity the applicant intends to carry out under the approval.\n(sec.141-ssec.5) If the chief executive decides to refuse to amend the conditions of the approval, the chief executive must as soon as practicable give the applicant— the approval; and an information notice for the decision.\n(sec.141-ssec.6) If the chief executive decides to amend the conditions of the approval, the chief executive must as soon as practicable issue to the applicant another approval showing the amendment.\n- (a) be accompanied by the approval; and\n- (b) comply with section 151 .\n- (a) the approval; and\n- (b) an information notice for the decision.","sortOrder":182},{"sectionNumber":"sec.142","sectionType":"section","heading":"Inquiry about application","content":"### sec.142 Inquiry about application\n\nBefore deciding the application, the chief executive may, by notice given to the auditor, require the auditor to give the chief executive within the reasonable period of at least 30 days stated in the notice, further information or a document the chief executive reasonably requires to decide the application.\nThe auditor is taken to have withdrawn the application if, within the stated period, the auditor does not comply with the requirement.\nThe information or document under subsection (1) must, if the notice requires, be verified by statutory declaration.\n(sec.142-ssec.1) Before deciding the application, the chief executive may, by notice given to the auditor, require the auditor to give the chief executive within the reasonable period of at least 30 days stated in the notice, further information or a document the chief executive reasonably requires to decide the application.\n(sec.142-ssec.2) The auditor is taken to have withdrawn the application if, within the stated period, the auditor does not comply with the requirement.\n(sec.142-ssec.3) The information or document under subsection (1) must, if the notice requires, be verified by statutory declaration.","sortOrder":183},{"sectionNumber":"sec.143","sectionType":"section","heading":"Failure to decide application","content":"### sec.143 Failure to decide application\n\nSubject to subsections (2) and (3) , if the chief executive fails to decide the application within 30 days after its receipt, the failure is taken to be a decision by the chief executive to refuse to amend the approval.\nSubsection (3) applies if—\nan auditor has made an application to amend the conditions of the auditor’s approval; and\nthe chief executive has, under section 142 (1) , required the auditor to give the chief executive further information or a document.\nThe chief executive is taken to have refused to amend the approval if the chief executive does not decide the application within 30 days after the chief executive receives the further information or document verified, if required, by statutory declaration.\nIf the application is refused under this section, the applicant is entitled to be given an information notice by the chief executive for the decision.\n(sec.143-ssec.1) Subject to subsections (2) and (3) , if the chief executive fails to decide the application within 30 days after its receipt, the failure is taken to be a decision by the chief executive to refuse to amend the approval.\n(sec.143-ssec.2) Subsection (3) applies if— an auditor has made an application to amend the conditions of the auditor’s approval; and the chief executive has, under section 142 (1) , required the auditor to give the chief executive further information or a document.\n(sec.143-ssec.3) The chief executive is taken to have refused to amend the approval if the chief executive does not decide the application within 30 days after the chief executive receives the further information or document verified, if required, by statutory declaration.\n(sec.143-ssec.4) If the application is refused under this section, the applicant is entitled to be given an information notice by the chief executive for the decision.\n- (a) an auditor has made an application to amend the conditions of the auditor’s approval; and\n- (b) the chief executive has, under section 142 (1) , required the auditor to give the chief executive further information or a document.","sortOrder":184},{"sectionNumber":"ch.5-pt.5","sectionType":"part","heading":"Suspension or cancellation of approvals","content":"# Suspension or cancellation of approvals","sortOrder":185},{"sectionNumber":"sec.144","sectionType":"section","heading":"Grounds for suspension or cancellation","content":"### sec.144 Grounds for suspension or cancellation\n\nEach of the following is a ground for suspending or cancelling an auditor’s approval—\nthe auditor is not, or is no longer, a suitable person to be an auditor;\nthe auditor does not have the necessary expertise or experience to perform the auditor’s functions;\nthe auditor has contravened a condition of the approval;\nthe audits conducted by the auditor have not been conducted honestly, fairly or diligently;\nthe approval was issued because of a materially false or misleading representation or declaration.\nFor forming a belief that the ground mentioned in subsection (1) (a) exists, the chief executive may have regard to the matters to which the chief executive may have regard in deciding whether a person is a suitable person to be an auditor.\n(sec.144-ssec.1) Each of the following is a ground for suspending or cancelling an auditor’s approval— the auditor is not, or is no longer, a suitable person to be an auditor; the auditor does not have the necessary expertise or experience to perform the auditor’s functions; the auditor has contravened a condition of the approval; the audits conducted by the auditor have not been conducted honestly, fairly or diligently; the approval was issued because of a materially false or misleading representation or declaration.\n(sec.144-ssec.2) For forming a belief that the ground mentioned in subsection (1) (a) exists, the chief executive may have regard to the matters to which the chief executive may have regard in deciding whether a person is a suitable person to be an auditor.\n- (a) the auditor is not, or is no longer, a suitable person to be an auditor;\n- (b) the auditor does not have the necessary expertise or experience to perform the auditor’s functions;\n- (c) the auditor has contravened a condition of the approval;\n- (d) the audits conducted by the auditor have not been conducted honestly, fairly or diligently;\n- (e) the approval was issued because of a materially false or misleading representation or declaration.","sortOrder":186},{"sectionNumber":"sec.145","sectionType":"section","heading":"Show cause notice","content":"### sec.145 Show cause notice\n\nIf the chief executive believes a ground exists to suspend or cancel the approval, the chief executive must give the auditor a notice under this section (a show cause notice ).\nThe show cause notice must state the following—\nthe action the chief executive proposes taking under this part (the proposed action );\nthe grounds for the proposed action;\nan outline of the facts and circumstances forming the basis for the grounds;\nif the proposed action is suspension of the approval—the proposed suspension period;\nthat the auditor may, within a stated period (the show cause period ), make written representations to the chief executive to show why the proposed action should not be taken.\nThe show cause period must end at least 21 days after the auditor is given the show cause notice.\n(sec.145-ssec.1) If the chief executive believes a ground exists to suspend or cancel the approval, the chief executive must give the auditor a notice under this section (a show cause notice ).\n(sec.145-ssec.2) The show cause notice must state the following— the action the chief executive proposes taking under this part (the proposed action ); the grounds for the proposed action; an outline of the facts and circumstances forming the basis for the grounds; if the proposed action is suspension of the approval—the proposed suspension period; that the auditor may, within a stated period (the show cause period ), make written representations to the chief executive to show why the proposed action should not be taken.\n(sec.145-ssec.3) The show cause period must end at least 21 days after the auditor is given the show cause notice.\n- (a) the action the chief executive proposes taking under this part (the proposed action );\n- (b) the grounds for the proposed action;\n- (c) an outline of the facts and circumstances forming the basis for the grounds;\n- (d) if the proposed action is suspension of the approval—the proposed suspension period;\n- (e) that the auditor may, within a stated period (the show cause period ), make written representations to the chief executive to show why the proposed action should not be taken.","sortOrder":187},{"sectionNumber":"sec.146","sectionType":"section","heading":"Representations about show cause notice","content":"### sec.146 Representations about show cause notice\n\nThe auditor may make written representations about the show cause notice to the chief executive in the show cause period.\nThe chief executive must consider all representations (the accepted representations ) made under subsection (1) .\n(sec.146-ssec.1) The auditor may make written representations about the show cause notice to the chief executive in the show cause period.\n(sec.146-ssec.2) The chief executive must consider all representations (the accepted representations ) made under subsection (1) .","sortOrder":188},{"sectionNumber":"sec.147","sectionType":"section","heading":"Ending show cause process without further action","content":"### sec.147 Ending show cause process without further action\n\nIf, after considering the accepted representations for the show cause notice, the chief executive no longer believes a ground exists to suspend or cancel the approval, the chief executive—\nmust not take any further action about the show cause notice; and\nmust give the auditor a notice that no further action is to be taken about the show cause notice.\n- (a) must not take any further action about the show cause notice; and\n- (b) must give the auditor a notice that no further action is to be taken about the show cause notice.","sortOrder":189},{"sectionNumber":"sec.148","sectionType":"section","heading":"Suspension or cancellation","content":"### sec.148 Suspension or cancellation\n\nThis section applies if—\nthere are no accepted representations for the show cause notice; or\nafter considering the accepted representations for the show cause notice, the chief executive—\nstill believes a ground exists to suspend or cancel the approval; and\nbelieves suspension or cancellation of the approval is warranted.\nThe chief executive may—\nif the proposed action was to suspend the approval—suspend the approval for not longer than the proposed suspension period; or\nif the proposed action was to cancel the approval—cancel the approval or suspend it for a period.\nIf the chief executive decides to take action under subsection (2) , the chief executive must as soon as practicable give an information notice for the decision to the auditor.\nThe decision takes effect on the later of the following—\nthe day the information notice is given to the auditor;\nthe day stated in the information notice for that purpose.\n(sec.148-ssec.1) This section applies if— there are no accepted representations for the show cause notice; or after considering the accepted representations for the show cause notice, the chief executive— still believes a ground exists to suspend or cancel the approval; and believes suspension or cancellation of the approval is warranted.\n(sec.148-ssec.2) The chief executive may— if the proposed action was to suspend the approval—suspend the approval for not longer than the proposed suspension period; or if the proposed action was to cancel the approval—cancel the approval or suspend it for a period.\n(sec.148-ssec.3) If the chief executive decides to take action under subsection (2) , the chief executive must as soon as practicable give an information notice for the decision to the auditor.\n(sec.148-ssec.4) The decision takes effect on the later of the following— the day the information notice is given to the auditor; the day stated in the information notice for that purpose.\n- (a) there are no accepted representations for the show cause notice; or\n- (b) after considering the accepted representations for the show cause notice, the chief executive— (i) still believes a ground exists to suspend or cancel the approval; and (ii) believes suspension or cancellation of the approval is warranted.\n- (i) still believes a ground exists to suspend or cancel the approval; and\n- (ii) believes suspension or cancellation of the approval is warranted.\n- (i) still believes a ground exists to suspend or cancel the approval; and\n- (ii) believes suspension or cancellation of the approval is warranted.\n- (a) if the proposed action was to suspend the approval—suspend the approval for not longer than the proposed suspension period; or\n- (b) if the proposed action was to cancel the approval—cancel the approval or suspend it for a period.\n- (a) the day the information notice is given to the auditor;\n- (b) the day stated in the information notice for that purpose.","sortOrder":190},{"sectionNumber":"sec.149","sectionType":"section","heading":"Immediate suspension of approval","content":"### sec.149 Immediate suspension of approval\n\nThe chief executive may suspend an auditor’s approval immediately if the chief executive believes—\na ground exists to suspend or cancel the approval; and\nit is necessary to suspend the approval immediately because of an immediate and serious risk to public health or safety if the auditor were to continue to conduct audits.\nThe suspension—\ncan be effected only by the chief executive giving an information notice to the auditor about the decision to suspend the approval, together with a show cause notice; and\noperates immediately the notices are given to the auditor; and\ncontinues to operate until the earliest of the following happens—\nthe chief executive cancels the remaining period of the suspension;\nthe show cause notice is finally dealt with;\n30 days have passed since the notices were given to the auditor.\nSubsection (4) applies if—\na suspension under this section stops because—\nthe chief executive cancels the remaining period of the suspension; or\nthe show cause notice is finally dealt with by a decision being made not to cancel or suspend the approval; or\n30 days have passed since the notices mentioned in subsection (2) (a) were given to the auditor; and\nthe auditor has returned the approval to the chief executive under section 150 .\nThe chief executive must, as soon as practicable, give the approval to the auditor.\n(sec.149-ssec.1) The chief executive may suspend an auditor’s approval immediately if the chief executive believes— a ground exists to suspend or cancel the approval; and it is necessary to suspend the approval immediately because of an immediate and serious risk to public health or safety if the auditor were to continue to conduct audits.\n(sec.149-ssec.2) The suspension— can be effected only by the chief executive giving an information notice to the auditor about the decision to suspend the approval, together with a show cause notice; and operates immediately the notices are given to the auditor; and continues to operate until the earliest of the following happens— the chief executive cancels the remaining period of the suspension; the show cause notice is finally dealt with; 30 days have passed since the notices were given to the auditor.\n(sec.149-ssec.3) Subsection (4) applies if— a suspension under this section stops because— the chief executive cancels the remaining period of the suspension; or the show cause notice is finally dealt with by a decision being made not to cancel or suspend the approval; or 30 days have passed since the notices mentioned in subsection (2) (a) were given to the auditor; and the auditor has returned the approval to the chief executive under section 150 .\n(sec.149-ssec.4) The chief executive must, as soon as practicable, give the approval to the auditor.\n- (a) a ground exists to suspend or cancel the approval; and\n- (b) it is necessary to suspend the approval immediately because of an immediate and serious risk to public health or safety if the auditor were to continue to conduct audits.\n- (a) can be effected only by the chief executive giving an information notice to the auditor about the decision to suspend the approval, together with a show cause notice; and\n- (b) operates immediately the notices are given to the auditor; and\n- (c) continues to operate until the earliest of the following happens— (i) the chief executive cancels the remaining period of the suspension; (ii) the show cause notice is finally dealt with; (iii) 30 days have passed since the notices were given to the auditor.\n- (i) the chief executive cancels the remaining period of the suspension;\n- (ii) the show cause notice is finally dealt with;\n- (iii) 30 days have passed since the notices were given to the auditor.\n- (i) the chief executive cancels the remaining period of the suspension;\n- (ii) the show cause notice is finally dealt with;\n- (iii) 30 days have passed since the notices were given to the auditor.\n- (a) a suspension under this section stops because— (i) the chief executive cancels the remaining period of the suspension; or (ii) the show cause notice is finally dealt with by a decision being made not to cancel or suspend the approval; or (iii) 30 days have passed since the notices mentioned in subsection (2) (a) were given to the auditor; and\n- (i) the chief executive cancels the remaining period of the suspension; or\n- (ii) the show cause notice is finally dealt with by a decision being made not to cancel or suspend the approval; or\n- (iii) 30 days have passed since the notices mentioned in subsection (2) (a) were given to the auditor; and\n- (b) the auditor has returned the approval to the chief executive under section 150 .\n- (i) the chief executive cancels the remaining period of the suspension; or\n- (ii) the show cause notice is finally dealt with by a decision being made not to cancel or suspend the approval; or\n- (iii) 30 days have passed since the notices mentioned in subsection (2) (a) were given to the auditor; and","sortOrder":191},{"sectionNumber":"sec.150","sectionType":"section","heading":"Return of cancelled or suspended approval to chief executive","content":"### sec.150 Return of cancelled or suspended approval to chief executive\n\nThis section applies if the chief executive has cancelled or suspended an approval and given an information notice for the decision to the auditor.\nThe auditor must return the approval to the chief executive within 7 days after receiving the information notice, unless the auditor has a reasonable excuse.\nMaximum penalty—20 penalty units.\n(sec.150-ssec.1) This section applies if the chief executive has cancelled or suspended an approval and given an information notice for the decision to the auditor.\n(sec.150-ssec.2) The auditor must return the approval to the chief executive within 7 days after receiving the information notice, unless the auditor has a reasonable excuse. Maximum penalty—20 penalty units.","sortOrder":192},{"sectionNumber":"ch.5-pt.6","sectionType":"part","heading":"General provisions","content":"# General provisions","sortOrder":193},{"sectionNumber":"sec.151","sectionType":"section","heading":"Applications—general","content":"### sec.151 Applications—general\n\nThis section applies to an application for—\nan approval as an auditor under section 128 ; or\nthe renewal of an approval under section 138 ; or\nan amendment of the conditions of an approval under section 141 .\nThe application must—\nbe in the approved form; and\nbe signed by the applicant; and\nbe accompanied by the fee prescribed under a regulation.\nThe approved form of an application mentioned in subsection (1) (a) must make provision for stating details of—\nthe type of food business for which the approval is sought; and\nthe applicant’s direct or indirect financial or other interests, if any, in a food business that could conflict with the proper performance of an auditor’s functions.\n(sec.151-ssec.1) This section applies to an application for— an approval as an auditor under section 128 ; or the renewal of an approval under section 138 ; or an amendment of the conditions of an approval under section 141 .\n(sec.151-ssec.2) The application must— be in the approved form; and be signed by the applicant; and be accompanied by the fee prescribed under a regulation.\n(sec.151-ssec.3) The approved form of an application mentioned in subsection (1) (a) must make provision for stating details of— the type of food business for which the approval is sought; and the applicant’s direct or indirect financial or other interests, if any, in a food business that could conflict with the proper performance of an auditor’s functions.\n- (a) an approval as an auditor under section 128 ; or\n- (b) the renewal of an approval under section 138 ; or\n- (c) an amendment of the conditions of an approval under section 141 .\n- (a) be in the approved form; and\n- (b) be signed by the applicant; and\n- (c) be accompanied by the fee prescribed under a regulation.\n- (a) the type of food business for which the approval is sought; and\n- (b) the applicant’s direct or indirect financial or other interests, if any, in a food business that could conflict with the proper performance of an auditor’s functions.","sortOrder":194},{"sectionNumber":"sec.152","sectionType":"section","heading":"Form of approval","content":"### sec.152 Form of approval\n\nAn approval must—\nbe in the approved form; and\nstate the following particulars—\nthe auditor’s name and contact details;\nthe conditions of the approval imposed under section 136 (1) (b) ;\nthe term of the approval.\n- (a) be in the approved form; and\n- (b) state the following particulars— (i) the auditor’s name and contact details; (ii) the conditions of the approval imposed under section 136 (1) (b) ; (iii) the term of the approval.\n- (i) the auditor’s name and contact details;\n- (ii) the conditions of the approval imposed under section 136 (1) (b) ;\n- (iii) the term of the approval.\n- (i) the auditor’s name and contact details;\n- (ii) the conditions of the approval imposed under section 136 (1) (b) ;\n- (iii) the term of the approval.","sortOrder":195},{"sectionNumber":"sec.153","sectionType":"section","heading":"Surrender of approval","content":"### sec.153 Surrender of approval\n\nAn auditor may surrender the auditor’s approval by notice given to the chief executive.\nThe approval must accompany the notice.\nThe surrender takes effect on the later of the following—\nthe day the notice is given to the chief executive;\nthe day stated in the notice for that purpose.\n(sec.153-ssec.1) An auditor may surrender the auditor’s approval by notice given to the chief executive.\n(sec.153-ssec.2) The approval must accompany the notice.\n(sec.153-ssec.3) The surrender takes effect on the later of the following— the day the notice is given to the chief executive; the day stated in the notice for that purpose.\n- (a) the day the notice is given to the chief executive;\n- (b) the day stated in the notice for that purpose.","sortOrder":196},{"sectionNumber":"sec.154","sectionType":"section","heading":"Application for replacement of approval","content":"### sec.154 Application for replacement of approval\n\nAn auditor may apply for replacement of the auditor’s approval if the approval has been damaged, destroyed, lost or stolen.\nThe application must—\nbe made to the chief executive; and\ninclude information about the circumstances in which the approval was damaged, destroyed, lost or stolen; and\nbe accompanied by the fee prescribed under a regulation.\n(sec.154-ssec.1) An auditor may apply for replacement of the auditor’s approval if the approval has been damaged, destroyed, lost or stolen.\n(sec.154-ssec.2) The application must— be made to the chief executive; and include information about the circumstances in which the approval was damaged, destroyed, lost or stolen; and be accompanied by the fee prescribed under a regulation.\n- (a) be made to the chief executive; and\n- (b) include information about the circumstances in which the approval was damaged, destroyed, lost or stolen; and\n- (c) be accompanied by the fee prescribed under a regulation.","sortOrder":197},{"sectionNumber":"sec.155","sectionType":"section","heading":"Decision about application for replacement of approval","content":"### sec.155 Decision about application for replacement of approval\n\nThe chief executive must consider the application and decide to grant, or refuse to grant, the application.\nThe chief executive must grant the application if satisfied the approval has been destroyed, lost or stolen, or damaged in a way to require its replacement.\nIf the chief executive decides to grant the application, the chief executive must, as soon as practicable, issue another approval to the applicant to replace the damaged, destroyed, lost or stolen approval.\nIf the chief executive decides to refuse to grant the application, the chief executive must as soon as practicable give the applicant an information notice for the decision.\n(sec.155-ssec.1) The chief executive must consider the application and decide to grant, or refuse to grant, the application.\n(sec.155-ssec.2) The chief executive must grant the application if satisfied the approval has been destroyed, lost or stolen, or damaged in a way to require its replacement.\n(sec.155-ssec.3) If the chief executive decides to grant the application, the chief executive must, as soon as practicable, issue another approval to the applicant to replace the damaged, destroyed, lost or stolen approval.\n(sec.155-ssec.4) If the chief executive decides to refuse to grant the application, the chief executive must as soon as practicable give the applicant an information notice for the decision.","sortOrder":198},{"sectionNumber":"ch.6-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":199},{"sectionNumber":"sec.156","sectionType":"section","heading":"Purpose of ch 6","content":"### sec.156 Purpose of ch 6\n\nThe purpose of this chapter is to provide for—\nauditing accredited food safety programs; and\nmonitoring the conduct of compliance audits; and\nreporting the results of audits.\n- (a) auditing accredited food safety programs; and\n- (b) monitoring the conduct of compliance audits; and\n- (c) reporting the results of audits.","sortOrder":200},{"sectionNumber":"ch.6-pt.2","sectionType":"part","heading":"Audits","content":"# Audits","sortOrder":201},{"sectionNumber":"ch.6-pt.2-div.1","sectionType":"division","heading":"Compliance audits","content":"## Compliance audits","sortOrder":202},{"sectionNumber":"sec.157","sectionType":"section","heading":"First compliance audit of accredited food safety program","content":"### sec.157 First compliance audit of accredited food safety program\n\nThe holder of an accredited food safety program for a food business must, within 6 months after the program is accredited, have the first compliance audit of the program conducted by an appropriate auditor for the food business.\nMaximum penalty—100 penalty units.\nIf a corporation commits an offence against this provision, each executive officer of the corporation may be taken, under section 260A , to have also committed the offence.\nSubsection (1) applies to the holder despite any decision, under chapter 4 , part 3 , of the local government that accredited the program about the frequency of compliance audits for the program.\ns 157 amd 2013 No. 51 s 229 sch 1\n(sec.157-ssec.1) The holder of an accredited food safety program for a food business must, within 6 months after the program is accredited, have the first compliance audit of the program conducted by an appropriate auditor for the food business. Maximum penalty—100 penalty units. If a corporation commits an offence against this provision, each executive officer of the corporation may be taken, under section 260A , to have also committed the offence.\n(sec.157-ssec.2) Subsection (1) applies to the holder despite any decision, under chapter 4 , part 3 , of the local government that accredited the program about the frequency of compliance audits for the program.","sortOrder":203},{"sectionNumber":"sec.158","sectionType":"section","heading":"Particular licensee to have compliance audits conducted","content":"### sec.158 Particular licensee to have compliance audits conducted\n\nThis section applies to a licensee who, under section 99 , must have an accredited food safety program for the food business under the licence.\nThe licensee must have compliance audits of the program conducted, as required under chapter 4 , part 3 , by an appropriate auditor for the food business.\nMaximum penalty—100 penalty units.\nUnder chapter 4 , part 3 , the local government that accredits a food safety program decides the frequency of compliance audits for the program.\nIf a corporation commits an offence against this provision, each executive officer of the corporation may be taken, under section 260A , to have also committed the offence.\nThis section is subject to section 157 .\ns 158 amd 2013 No. 51 s 229 sch 1\n(sec.158-ssec.1) This section applies to a licensee who, under section 99 , must have an accredited food safety program for the food business under the licence.\n(sec.158-ssec.2) The licensee must have compliance audits of the program conducted, as required under chapter 4 , part 3 , by an appropriate auditor for the food business. Maximum penalty—100 penalty units. Under chapter 4 , part 3 , the local government that accredits a food safety program decides the frequency of compliance audits for the program. If a corporation commits an offence against this provision, each executive officer of the corporation may be taken, under section 260A , to have also committed the offence.\n(sec.158-ssec.3) This section is subject to section 157 .\n- 1 Under chapter 4 , part 3 , the local government that accredits a food safety program decides the frequency of compliance audits for the program.\n- 2 If a corporation commits an offence against this provision, each executive officer of the corporation may be taken, under section 260A , to have also committed the offence.","sortOrder":204},{"sectionNumber":"ch.6-pt.2-div.2","sectionType":"division","heading":"Check audits and nonconformance audits","content":"## Check audits and nonconformance audits","sortOrder":205},{"sectionNumber":"sec.159","sectionType":"section","heading":"Check audit","content":"### sec.159 Check audit\n\nThe chief executive may conduct a check audit of an accredited food safety program if the chief executive considers it appropriate to conduct the audit.","sortOrder":206},{"sectionNumber":"sec.160","sectionType":"section","heading":"Nonconformance audit","content":"### sec.160 Nonconformance audit\n\nThis section applies if—\na local government receives under section 161 , in a period of 12 months, at least 3 audit reports in relation to audits of a particular accredited food safety program; and\neach report shows the holder of the program has not remedied a particular noncompliance with the program.\nThe local government may conduct a nonconformance audit of the food safety program.\nThe nonconformance audit may be conducted by an auditor who is also an authorised person appointed by the chief executive officer of the local government.\n(sec.160-ssec.1) This section applies if— a local government receives under section 161 , in a period of 12 months, at least 3 audit reports in relation to audits of a particular accredited food safety program; and each report shows the holder of the program has not remedied a particular noncompliance with the program.\n(sec.160-ssec.2) The local government may conduct a nonconformance audit of the food safety program.\n(sec.160-ssec.3) The nonconformance audit may be conducted by an auditor who is also an authorised person appointed by the chief executive officer of the local government.\n- (a) a local government receives under section 161 , in a period of 12 months, at least 3 audit reports in relation to audits of a particular accredited food safety program; and\n- (b) each report shows the holder of the program has not remedied a particular noncompliance with the program.","sortOrder":207},{"sectionNumber":"ch.6-pt.2-div.3","sectionType":"division","heading":"Auditors’ reports and responsibilities","content":"## Auditors’ reports and responsibilities","sortOrder":208},{"sectionNumber":"sec.161","sectionType":"section","heading":"Report about audit for compliance or nonconformance audit","content":"### sec.161 Report about audit for compliance or nonconformance audit\n\nAn auditor must, within 14 days after completing a compliance or nonconformance audit of an accredited food safety program, give a report about the audit to—\nthe holder of the program; and\nthe local government that accredited it.\nMaximum penalty—100 penalty units.\nThe report must include all of the following information—\nthe auditor’s name;\nthe days the audit started and ended, and the time spent conducting the audit;\nthe address of, or other information sufficient to identify, the place at which the audit was conducted;\ndetails of the activities audited, and the food safety program relevant to the audit;\nwhether, in the auditor’s opinion, the activities comply or do not comply with the food safety program or the food standards code, standards 3.2.2 and 3.2.3;\nthe reasons that the auditor considers the activities comply or do not comply with the food safety program or the food standards code, standards 3.2.2 and 3.2.3;\nif the activities do not comply with the food safety program or the food standards code, standards 3.2.2 and 3.2.3—details of action taken, or proposed to be taken, to remedy the noncompliance;\nwhether, in the auditor’s opinion and having regard to the matters mentioned in section 104 , the food safety program needs to be amended, and if so, the reasons that the auditor considers the program should be amended;\nwhether, in the auditor’s opinion—\nan auditor needs to conduct a nonconformance audit of the food safety program in relation to any noncompliance identified in the audit; or\nthe frequency of compliance audits for the food safety program should be changed, and if so, the reasons that the auditor considers the frequency should be changed;\nother information prescribed under a regulation.\n(sec.161-ssec.1) An auditor must, within 14 days after completing a compliance or nonconformance audit of an accredited food safety program, give a report about the audit to— the holder of the program; and the local government that accredited it. Maximum penalty—100 penalty units.\n(sec.161-ssec.2) The report must include all of the following information— the auditor’s name; the days the audit started and ended, and the time spent conducting the audit; the address of, or other information sufficient to identify, the place at which the audit was conducted; details of the activities audited, and the food safety program relevant to the audit; whether, in the auditor’s opinion, the activities comply or do not comply with the food safety program or the food standards code, standards 3.2.2 and 3.2.3; the reasons that the auditor considers the activities comply or do not comply with the food safety program or the food standards code, standards 3.2.2 and 3.2.3; if the activities do not comply with the food safety program or the food standards code, standards 3.2.2 and 3.2.3—details of action taken, or proposed to be taken, to remedy the noncompliance; whether, in the auditor’s opinion and having regard to the matters mentioned in section 104 , the food safety program needs to be amended, and if so, the reasons that the auditor considers the program should be amended; whether, in the auditor’s opinion— an auditor needs to conduct a nonconformance audit of the food safety program in relation to any noncompliance identified in the audit; or the frequency of compliance audits for the food safety program should be changed, and if so, the reasons that the auditor considers the frequency should be changed; other information prescribed under a regulation.\n- (a) the holder of the program; and\n- (b) the local government that accredited it.\n- (a) the auditor’s name;\n- (b) the days the audit started and ended, and the time spent conducting the audit;\n- (c) the address of, or other information sufficient to identify, the place at which the audit was conducted;\n- (d) details of the activities audited, and the food safety program relevant to the audit;\n- (e) whether, in the auditor’s opinion, the activities comply or do not comply with the food safety program or the food standards code, standards 3.2.2 and 3.2.3;\n- (f) the reasons that the auditor considers the activities comply or do not comply with the food safety program or the food standards code, standards 3.2.2 and 3.2.3;\n- (g) if the activities do not comply with the food safety program or the food standards code, standards 3.2.2 and 3.2.3—details of action taken, or proposed to be taken, to remedy the noncompliance;\n- (h) whether, in the auditor’s opinion and having regard to the matters mentioned in section 104 , the food safety program needs to be amended, and if so, the reasons that the auditor considers the program should be amended;\n- (i) whether, in the auditor’s opinion— (i) an auditor needs to conduct a nonconformance audit of the food safety program in relation to any noncompliance identified in the audit; or (ii) the frequency of compliance audits for the food safety program should be changed, and if so, the reasons that the auditor considers the frequency should be changed;\n- (i) an auditor needs to conduct a nonconformance audit of the food safety program in relation to any noncompliance identified in the audit; or\n- (ii) the frequency of compliance audits for the food safety program should be changed, and if so, the reasons that the auditor considers the frequency should be changed;\n- (j) other information prescribed under a regulation.\n- (i) an auditor needs to conduct a nonconformance audit of the food safety program in relation to any noncompliance identified in the audit; or\n- (ii) the frequency of compliance audits for the food safety program should be changed, and if so, the reasons that the auditor considers the frequency should be changed;","sortOrder":209},{"sectionNumber":"sec.162","sectionType":"section","heading":"Auditor’s responsibility to inform local governments","content":"### sec.162 Auditor’s responsibility to inform local governments\n\nThis section applies if, in conducting a compliance or nonconformance audit of an accredited food safety program, an auditor forms a reasonable belief that—\na person has contravened, or is contravening, this Act or the food standards code, standards 3.2.2 and 3.2.3; and\nthe contravention poses an imminent and serious risk to the safety of food intended for sale.\nThe auditor must give details of the facts and circumstances giving rise to the belief to the local government that accredited the food safety program.\nThe auditor must give the details to the local government as soon as practicable, and in any case not more than 24 hours, after forming the belief.\nMaximum penalty—500 penalty units.\nIf the auditor complies with subsection (3) by giving the local government the details orally, the auditor must, within 24 hours after giving the details orally, give the local government notice of the details.\nMaximum penalty—500 penalty units.\n(sec.162-ssec.1) This section applies if, in conducting a compliance or nonconformance audit of an accredited food safety program, an auditor forms a reasonable belief that— a person has contravened, or is contravening, this Act or the food standards code, standards 3.2.2 and 3.2.3; and the contravention poses an imminent and serious risk to the safety of food intended for sale.\n(sec.162-ssec.2) The auditor must give details of the facts and circumstances giving rise to the belief to the local government that accredited the food safety program.\n(sec.162-ssec.3) The auditor must give the details to the local government as soon as practicable, and in any case not more than 24 hours, after forming the belief. Maximum penalty—500 penalty units.\n(sec.162-ssec.4) If the auditor complies with subsection (3) by giving the local government the details orally, the auditor must, within 24 hours after giving the details orally, give the local government notice of the details. Maximum penalty—500 penalty units.\n- (a) a person has contravened, or is contravening, this Act or the food standards code, standards 3.2.2 and 3.2.3; and\n- (b) the contravention poses an imminent and serious risk to the safety of food intended for sale.","sortOrder":210},{"sectionNumber":"ch.6-pt.3","sectionType":"part","heading":"Other matters","content":"# Other matters","sortOrder":211},{"sectionNumber":"sec.163","sectionType":"section","heading":"Obstructing auditor","content":"### sec.163 Obstructing auditor\n\nA person must not obstruct an auditor in the conduct of an audit, unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.\nIf a person has obstructed an auditor and the auditor decides to proceed with the conduct of the audit, the auditor must warn the person that—\nit is an offence to obstruct the auditor unless the person has a reasonable excuse; and\nthe auditor considers the person’s conduct an obstruction.\nIn this section—\nobstruct includes hinder and attempt to obstruct or hinder.\n(sec.163-ssec.1) A person must not obstruct an auditor in the conduct of an audit, unless the person has a reasonable excuse. Maximum penalty—100 penalty units.\n(sec.163-ssec.2) If a person has obstructed an auditor and the auditor decides to proceed with the conduct of the audit, the auditor must warn the person that— it is an offence to obstruct the auditor unless the person has a reasonable excuse; and the auditor considers the person’s conduct an obstruction.\n(sec.163-ssec.3) In this section— obstruct includes hinder and attempt to obstruct or hinder.\n- (a) it is an offence to obstruct the auditor unless the person has a reasonable excuse; and\n- (b) the auditor considers the person’s conduct an obstruction.","sortOrder":212},{"sectionNumber":"sec.164","sectionType":"section","heading":"Impersonating auditor","content":"### sec.164 Impersonating auditor\n\nA person must not pretend to be an auditor.\nMaximum penalty—100 penalty units.","sortOrder":213},{"sectionNumber":"ch.7-pt.1","sectionType":"part","heading":"Authorised persons","content":"# Authorised persons","sortOrder":214},{"sectionNumber":"ch.7-pt.1-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":215},{"sectionNumber":"sec.165","sectionType":"section","heading":"Powers generally","content":"### sec.165 Powers generally\n\nAn authorised person has the powers given under this Act.\nIn exercising the powers, the authorised person is subject to the directions of the administering executive.\nIf the authorised person is appointed by 2 or more chief executive officers, the authorised person is subject to the directions of the chief executive officer of the local government for the area in which the authorised person is exercising his or her powers under this Act.\n(sec.165-ssec.1) An authorised person has the powers given under this Act.\n(sec.165-ssec.2) In exercising the powers, the authorised person is subject to the directions of the administering executive.\n(sec.165-ssec.3) If the authorised person is appointed by 2 or more chief executive officers, the authorised person is subject to the directions of the chief executive officer of the local government for the area in which the authorised person is exercising his or her powers under this Act.","sortOrder":216},{"sectionNumber":"sec.166","sectionType":"section","heading":"Powers of particular authorised persons limited to local government area","content":"### sec.166 Powers of particular authorised persons limited to local government area\n\nAn authorised person appointed by the chief executive officer of a local government under section 168 (2) may exercise a power under this Act only in relation to the local government and its area.\nAn authorised person appointed by the chief executive officers of 2 or more local governments under section 168 (3) may exercise a power under this Act only in relation to the local governments and their areas.\n(sec.166-ssec.1) An authorised person appointed by the chief executive officer of a local government under section 168 (2) may exercise a power under this Act only in relation to the local government and its area.\n(sec.166-ssec.2) An authorised person appointed by the chief executive officers of 2 or more local governments under section 168 (3) may exercise a power under this Act only in relation to the local governments and their areas.","sortOrder":217},{"sectionNumber":"sec.167","sectionType":"section","heading":"Functions of authorised person","content":"### sec.167 Functions of authorised person\n\nAn authorised person has the following functions relating to the carrying on of a food business—\nto enforce this Act;\nto monitor compliance with this Act by inspecting places where a food business is carried on;\nto help achieve the purposes of this Act by providing advice and information on how the purposes may be achieved.\n- (a) to enforce this Act;\n- (b) to monitor compliance with this Act by inspecting places where a food business is carried on;\n- (c) to help achieve the purposes of this Act by providing advice and information on how the purposes may be achieved.","sortOrder":218},{"sectionNumber":"ch.7-pt.1-div.2","sectionType":"division","heading":"Appointment of authorised persons","content":"## Appointment of authorised persons","sortOrder":219},{"sectionNumber":"sec.168","sectionType":"section","heading":"Appointment and qualifications","content":"### sec.168 Appointment and qualifications\n\nThe chief executive may appoint any of the following persons as an authorised person—\na public service officer or employee;\na health service employee;\na person prescribed under a regulation.\nThe chief executive officer of a local government may appoint any of the following persons as an authorised person for the local government and its area—\nan employee of the local government;\nif another local government consents—an employee of the other local government;\nanother person under contract to the local government.\nThe chief executive officers of 2 or more local governments may appoint an employee of, or another person under contract to, one of the local governments to be an authorised person for the local governments’ areas.\nHowever, the chief executive or a chief executive officer may appoint a person as an authorised person only if satisfied the person is qualified for appointment because the person has the necessary expertise or experience.\n(sec.168-ssec.1) The chief executive may appoint any of the following persons as an authorised person— a public service officer or employee; a health service employee; a person prescribed under a regulation.\n(sec.168-ssec.2) The chief executive officer of a local government may appoint any of the following persons as an authorised person for the local government and its area— an employee of the local government; if another local government consents—an employee of the other local government; another person under contract to the local government.\n(sec.168-ssec.3) The chief executive officers of 2 or more local governments may appoint an employee of, or another person under contract to, one of the local governments to be an authorised person for the local governments’ areas.\n(sec.168-ssec.4) However, the chief executive or a chief executive officer may appoint a person as an authorised person only if satisfied the person is qualified for appointment because the person has the necessary expertise or experience.\n- (a) a public service officer or employee;\n- (b) a health service employee;\n- (c) a person prescribed under a regulation.\n- (a) an employee of the local government;\n- (b) if another local government consents—an employee of the other local government;\n- (c) another person under contract to the local government.","sortOrder":220},{"sectionNumber":"sec.169","sectionType":"section","heading":"Appointment conditions and limit on powers","content":"### sec.169 Appointment conditions and limit on powers\n\nAn authorised person holds office on any conditions stated in—\nthe authorised person’s instrument of appointment; or\na signed notice given to the authorised person; or\na regulation.\nThe instrument of appointment, a signed notice given to the authorised person or a regulation may limit the authorised person’s powers under this Act.\nIn this section—\nsigned notice means a notice signed by the administering executive.\n(sec.169-ssec.1) An authorised person holds office on any conditions stated in— the authorised person’s instrument of appointment; or a signed notice given to the authorised person; or a regulation.\n(sec.169-ssec.2) The instrument of appointment, a signed notice given to the authorised person or a regulation may limit the authorised person’s powers under this Act.\n(sec.169-ssec.3) In this section— signed notice means a notice signed by the administering executive.\n- (a) the authorised person’s instrument of appointment; or\n- (b) a signed notice given to the authorised person; or\n- (c) a regulation.","sortOrder":221},{"sectionNumber":"sec.170","sectionType":"section","heading":"Issue of identity card","content":"### sec.170 Issue of identity card\n\nThe administering executive must issue an identity card to each authorised person.\nThe identity card must—\ncontain a recent photo of the authorised person; and\ncontain a copy of the authorised person’s signature; and\nidentify the person as an authorised person under this Act; and\nstate an expiry date for the card.\nThis section does not prevent the issue of a single identity card to a person for this Act and other purposes.\n(sec.170-ssec.1) The administering executive must issue an identity card to each authorised person.\n(sec.170-ssec.2) The identity card must— contain a recent photo of the authorised person; and contain a copy of the authorised person’s signature; and identify the person as an authorised person under this Act; and state an expiry date for the card.\n(sec.170-ssec.3) This section does not prevent the issue of a single identity card to a person for this Act and other purposes.\n- (a) contain a recent photo of the authorised person; and\n- (b) contain a copy of the authorised person’s signature; and\n- (c) identify the person as an authorised person under this Act; and\n- (d) state an expiry date for the card.","sortOrder":222},{"sectionNumber":"sec.171","sectionType":"section","heading":"Production or display of identity card","content":"### sec.171 Production or display of identity card\n\nIn exercising a power under this Act in relation to another person, an authorised person must—\nproduce the authorised person’s identity card for the other person’s inspection before exercising the power; or\nhave the identity card displayed so it is clearly visible to the other person when exercising the power.\nHowever, if it is not practicable to comply with subsection (1) , the authorised person must produce the identity card for the other person’s inspection at the first reasonable opportunity.\nFor subsection (1) , an authorised person does not exercise a power in relation to another person only because the authorised person has entered a place as mentioned in section 175 (1) (b) or (2) .\n(sec.171-ssec.1) In exercising a power under this Act in relation to another person, an authorised person must— produce the authorised person’s identity card for the other person’s inspection before exercising the power; or have the identity card displayed so it is clearly visible to the other person when exercising the power.\n(sec.171-ssec.2) However, if it is not practicable to comply with subsection (1) , the authorised person must produce the identity card for the other person’s inspection at the first reasonable opportunity.\n(sec.171-ssec.3) For subsection (1) , an authorised person does not exercise a power in relation to another person only because the authorised person has entered a place as mentioned in section 175 (1) (b) or (2) .\n- (a) produce the authorised person’s identity card for the other person’s inspection before exercising the power; or\n- (b) have the identity card displayed so it is clearly visible to the other person when exercising the power.","sortOrder":223},{"sectionNumber":"sec.172","sectionType":"section","heading":"When authorised person ceases to hold office","content":"### sec.172 When authorised person ceases to hold office\n\nAn authorised person ceases to hold office if any of the following happens—\nthe term of office stated in a condition of office ends;\nunder another condition of office, the authorised person ceases to hold office;\nthe authorised person’s resignation under section 173 takes effect.\nSubsection (1) does not limit the ways an authorised person may cease to hold office.\nIn this section—\ncondition of office means a condition on which the authorised person holds office.\n(sec.172-ssec.1) An authorised person ceases to hold office if any of the following happens— the term of office stated in a condition of office ends; under another condition of office, the authorised person ceases to hold office; the authorised person’s resignation under section 173 takes effect.\n(sec.172-ssec.2) Subsection (1) does not limit the ways an authorised person may cease to hold office.\n(sec.172-ssec.3) In this section— condition of office means a condition on which the authorised person holds office.\n- (a) the term of office stated in a condition of office ends;\n- (b) under another condition of office, the authorised person ceases to hold office;\n- (c) the authorised person’s resignation under section 173 takes effect.","sortOrder":224},{"sectionNumber":"sec.173","sectionType":"section","heading":"Resignation","content":"### sec.173 Resignation\n\nAn authorised person may resign by signed notice given to the administering executive.\nFor subsection (1) , for a person appointed under this Act as an authorised person by 2 or more chief executive officers, the person may resign by signed notice given to one of the chief executives.\n(sec.173-ssec.1) An authorised person may resign by signed notice given to the administering executive.\n(sec.173-ssec.2) For subsection (1) , for a person appointed under this Act as an authorised person by 2 or more chief executive officers, the person may resign by signed notice given to one of the chief executives.","sortOrder":225},{"sectionNumber":"sec.174","sectionType":"section","heading":"Return of identity card","content":"### sec.174 Return of identity card\n\nA person who ceases to be an authorised person must return the person’s identity card to the administering executive within 21 days after ceasing to be an authorised person, unless the person has a reasonable excuse.\nMaximum penalty—20 penalty units.\nFor subsection (1) , for a person appointed under this Act as an authorised person by 2 or more chief executive officers, the identity card must be returned to one of the chief executive officers.\n(sec.174-ssec.1) A person who ceases to be an authorised person must return the person’s identity card to the administering executive within 21 days after ceasing to be an authorised person, unless the person has a reasonable excuse. Maximum penalty—20 penalty units.\n(sec.174-ssec.2) For subsection (1) , for a person appointed under this Act as an authorised person by 2 or more chief executive officers, the identity card must be returned to one of the chief executive officers.","sortOrder":226},{"sectionNumber":"ch.7-pt.2","sectionType":"part","heading":"Powers of authorised persons","content":"# Powers of authorised persons","sortOrder":227},{"sectionNumber":"ch.7-pt.2-div.1","sectionType":"division","heading":"Entry of places","content":"## Entry of places","sortOrder":228},{"sectionNumber":"sec.175","sectionType":"section","heading":"Power to enter places","content":"### sec.175 Power to enter places\n\nAn authorised person may enter a place if—\nan occupier of the place consents to the entry; or\nit is a public place and the entry is made when it is open to the public; or\nthe entry is authorised by a warrant; or\nit is premises at which a person carries on a food business and is—\nopen for carrying on the food business; or\notherwise open for entry.\nFor the purpose of asking an occupier of a place for consent to enter, an authorised person may, without the occupier’s consent or a warrant—\nenter land around premises at the place to an extent that is reasonable to contact the occupier; or\nenter part of the place the authorised person reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier.\nFor subsection (1) (d) , premises does not include a part of the premises where a person resides.\n(sec.175-ssec.1) An authorised person may enter a place if— an occupier of the place consents to the entry; or it is a public place and the entry is made when it is open to the public; or the entry is authorised by a warrant; or it is premises at which a person carries on a food business and is— open for carrying on the food business; or otherwise open for entry.\n(sec.175-ssec.2) For the purpose of asking an occupier of a place for consent to enter, an authorised person may, without the occupier’s consent or a warrant— enter land around premises at the place to an extent that is reasonable to contact the occupier; or enter part of the place the authorised person reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier.\n(sec.175-ssec.3) For subsection (1) (d) , premises does not include a part of the premises where a person resides.\n- (a) an occupier of the place consents to the entry; or\n- (b) it is a public place and the entry is made when it is open to the public; or\n- (c) the entry is authorised by a warrant; or\n- (d) it is premises at which a person carries on a food business and is— (i) open for carrying on the food business; or (ii) otherwise open for entry.\n- (i) open for carrying on the food business; or\n- (ii) otherwise open for entry.\n- (i) open for carrying on the food business; or\n- (ii) otherwise open for entry.\n- (a) enter land around premises at the place to an extent that is reasonable to contact the occupier; or\n- (b) enter part of the place the authorised person reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier.","sortOrder":229},{"sectionNumber":"ch.7-pt.2-div.2","sectionType":"division","heading":"Procedure for entry","content":"## Procedure for entry","sortOrder":230},{"sectionNumber":"sec.176","sectionType":"section","heading":"Entry with consent","content":"### sec.176 Entry with consent\n\nThis section applies if an authorised person intends to ask an occupier of a place to consent to the authorised person or another authorised person entering the place under section 175 (1) (a) .\nBefore asking for the consent, the authorised person must tell the occupier—\nthe purpose of the entry; and\nthat the occupier is not required to consent.\nIf the consent is given, the authorised person may ask the occupier to sign an acknowledgement of the consent.\nThe acknowledgement must state—\nthe occupier has been told—\nthe purpose of the entry; and\nthat the occupier is not required to consent; and\nthe purpose of the entry; and\nthe occupier gives the authorised person consent to enter the place and exercise powers under this part; and\nthe time and date the consent was given.\nIf the occupier signs the acknowledgement, the authorised person must immediately give a copy to the occupier.\nIf—\nan issue arises in a proceeding about whether the occupier consented to the entry; and\nan acknowledgement complying with subsection (4) for the entry is not produced in evidence;\nthe onus of proof is on the person relying on the lawfulness of the entry to prove the occupier consented.\n(sec.176-ssec.1) This section applies if an authorised person intends to ask an occupier of a place to consent to the authorised person or another authorised person entering the place under section 175 (1) (a) .\n(sec.176-ssec.2) Before asking for the consent, the authorised person must tell the occupier— the purpose of the entry; and that the occupier is not required to consent.\n(sec.176-ssec.3) If the consent is given, the authorised person may ask the occupier to sign an acknowledgement of the consent.\n(sec.176-ssec.4) The acknowledgement must state— the occupier has been told— the purpose of the entry; and that the occupier is not required to consent; and the purpose of the entry; and the occupier gives the authorised person consent to enter the place and exercise powers under this part; and the time and date the consent was given.\n(sec.176-ssec.5) If the occupier signs the acknowledgement, the authorised person must immediately give a copy to the occupier.\n(sec.176-ssec.6) If— an issue arises in a proceeding about whether the occupier consented to the entry; and an acknowledgement complying with subsection (4) for the entry is not produced in evidence; the onus of proof is on the person relying on the lawfulness of the entry to prove the occupier consented.\n- (a) the purpose of the entry; and\n- (b) that the occupier is not required to consent.\n- (a) the occupier has been told— (i) the purpose of the entry; and (ii) that the occupier is not required to consent; and\n- (i) the purpose of the entry; and\n- (ii) that the occupier is not required to consent; and\n- (b) the purpose of the entry; and\n- (c) the occupier gives the authorised person consent to enter the place and exercise powers under this part; and\n- (d) the time and date the consent was given.\n- (i) the purpose of the entry; and\n- (ii) that the occupier is not required to consent; and\n- (a) an issue arises in a proceeding about whether the occupier consented to the entry; and\n- (b) an acknowledgement complying with subsection (4) for the entry is not produced in evidence;","sortOrder":231},{"sectionNumber":"sec.177","sectionType":"section","heading":"Application for warrant","content":"### sec.177 Application for warrant\n\nAn authorised person may apply to a magistrate for a warrant for a place.\nThe authorised person must prepare a written application that states the grounds on which the warrant is sought.\nThe written application must be sworn.\nThe magistrate may refuse to consider the application until the authorised person gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.\nThe magistrate may require additional information supporting the application to be given by statutory declaration.\n(sec.177-ssec.1) An authorised person may apply to a magistrate for a warrant for a place.\n(sec.177-ssec.2) The authorised person must prepare a written application that states the grounds on which the warrant is sought.\n(sec.177-ssec.3) The written application must be sworn.\n(sec.177-ssec.4) The magistrate may refuse to consider the application until the authorised person gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. The magistrate may require additional information supporting the application to be given by statutory declaration.","sortOrder":232},{"sectionNumber":"sec.178","sectionType":"section","heading":"Issue of warrant","content":"### sec.178 Issue of warrant\n\nThe magistrate may issue the warrant for the place only if the magistrate is satisfied there are reasonable grounds for suspecting—\nthere is a particular thing or activity (the evidence ) that may provide evidence of an offence against this Act; and\nthe evidence is at the place or, within the next 7 days, will be at the place.\nThe warrant must state—\nthe place to which the warrant applies; and\nthat a stated authorised person may, with necessary and reasonable help and force—\nenter the place and any other place necessary for entry to the place; and\nexercise the authorised person’s powers under this part; and\nparticulars of the offence that the magistrate considers appropriate in the circumstances; and\nthe name of the person suspected of having committed the offence, unless the name is unknown or the magistrate considers it inappropriate to state the name; and\nthe evidence that may be seized under the warrant; and\nthe hours of the day or night when the place may be entered; and\nthe magistrate’s name; and\nthe date and time of the warrant’s issue; and\nthe date, within 14 days after the warrant’s issue, the warrant ends.\n(sec.178-ssec.1) The magistrate may issue the warrant for the place only if the magistrate is satisfied there are reasonable grounds for suspecting— there is a particular thing or activity (the evidence ) that may provide evidence of an offence against this Act; and the evidence is at the place or, within the next 7 days, will be at the place.\n(sec.178-ssec.2) The warrant must state— the place to which the warrant applies; and that a stated authorised person may, with necessary and reasonable help and force— enter the place and any other place necessary for entry to the place; and exercise the authorised person’s powers under this part; and particulars of the offence that the magistrate considers appropriate in the circumstances; and the name of the person suspected of having committed the offence, unless the name is unknown or the magistrate considers it inappropriate to state the name; and the evidence that may be seized under the warrant; and the hours of the day or night when the place may be entered; and the magistrate’s name; and the date and time of the warrant’s issue; and the date, within 14 days after the warrant’s issue, the warrant ends.\n- (a) there is a particular thing or activity (the evidence ) that may provide evidence of an offence against this Act; and\n- (b) the evidence is at the place or, within the next 7 days, will be at the place.\n- (a) the place to which the warrant applies; and\n- (b) that a stated authorised person may, with necessary and reasonable help and force— (i) enter the place and any other place necessary for entry to the place; and (ii) exercise the authorised person’s powers under this part; and\n- (i) enter the place and any other place necessary for entry to the place; and\n- (ii) exercise the authorised person’s powers under this part; and\n- (c) particulars of the offence that the magistrate considers appropriate in the circumstances; and\n- (d) the name of the person suspected of having committed the offence, unless the name is unknown or the magistrate considers it inappropriate to state the name; and\n- (e) the evidence that may be seized under the warrant; and\n- (f) the hours of the day or night when the place may be entered; and\n- (g) the magistrate’s name; and\n- (h) the date and time of the warrant’s issue; and\n- (i) the date, within 14 days after the warrant’s issue, the warrant ends.\n- (i) enter the place and any other place necessary for entry to the place; and\n- (ii) exercise the authorised person’s powers under this part; and","sortOrder":233},{"sectionNumber":"sec.179","sectionType":"section","heading":"Application by electronic communication and duplicate warrant","content":"### sec.179 Application by electronic communication and duplicate warrant\n\nAn application under section 177 may be made by phone, fax, email, radio, videoconferencing or another form of electronic communication if the authorised person reasonably considers it necessary because of—\nurgent circumstances; or\nother special circumstances, including, for example, the authorised person’s remote location.\nThe application—\nmay not be made before the authorised person prepares the written application under section 177 (2) ; but\nmay be made before the written application is sworn.\nThe magistrate may issue the warrant (the original warrant ) only if the magistrate is satisfied—\nit was necessary to make the application under subsection (1) ; and\nthe way the application was made under subsection (1) was appropriate.\nAfter the magistrate issues the original warrant—\nif there is a reasonably practicable way of immediately giving a copy of the warrant to the authorised person, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the authorised person; or\notherwise—\nthe magistrate must tell the authorised person the date and time the warrant is issued and the other terms of the warrant; and\nthe authorised person must complete a form of warrant including by writing on it—\nthe magistrate’s name; and\nthe date and time the magistrate issued the warrant; and\nthe other terms of the warrant.\nThe copy of the warrant mentioned in subsection (4) (a) , or the form of warrant completed under subsection (4) (b) (in either case the duplicate warrant ), is a duplicate of, and as effectual as, the original warrant.\nThe authorised person must, at the first reasonable opportunity, send to the magistrate—\nthe written application complying with section 177 (2) and (3) ; and\nif the authorised person completed a form of warrant under subsection (4) (b) —the completed form of warrant.\nThe magistrate must keep the original warrant and, on receiving the documents under subsection (6) —\nattach the documents to the original warrant; and\ngive the original warrant and documents to the clerk of the court of the relevant magistrates court.\nDespite subsection (5) , if—\nan issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this section; and\nthe original warrant is not produced in evidence;\nthe onus of proof is on the person relying on the lawfulness of the exercise of the power to prove a warrant authorised the exercise of the power.\nThis section does not limit section 177 .\nIn this section—\nrelevant magistrates court , in relation to a magistrate, means the Magistrates Court that the magistrate constitutes under the Magistrates Act 1991 .\n(sec.179-ssec.1) An application under section 177 may be made by phone, fax, email, radio, videoconferencing or another form of electronic communication if the authorised person reasonably considers it necessary because of— urgent circumstances; or other special circumstances, including, for example, the authorised person’s remote location.\n(sec.179-ssec.2) The application— may not be made before the authorised person prepares the written application under section 177 (2) ; but may be made before the written application is sworn.\n(sec.179-ssec.3) The magistrate may issue the warrant (the original warrant ) only if the magistrate is satisfied— it was necessary to make the application under subsection (1) ; and the way the application was made under subsection (1) was appropriate.\n(sec.179-ssec.4) After the magistrate issues the original warrant— if there is a reasonably practicable way of immediately giving a copy of the warrant to the authorised person, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the authorised person; or otherwise— the magistrate must tell the authorised person the date and time the warrant is issued and the other terms of the warrant; and the authorised person must complete a form of warrant including by writing on it— the magistrate’s name; and the date and time the magistrate issued the warrant; and the other terms of the warrant.\n(sec.179-ssec.5) The copy of the warrant mentioned in subsection (4) (a) , or the form of warrant completed under subsection (4) (b) (in either case the duplicate warrant ), is a duplicate of, and as effectual as, the original warrant.\n(sec.179-ssec.6) The authorised person must, at the first reasonable opportunity, send to the magistrate— the written application complying with section 177 (2) and (3) ; and if the authorised person completed a form of warrant under subsection (4) (b) —the completed form of warrant.\n(sec.179-ssec.7) The magistrate must keep the original warrant and, on receiving the documents under subsection (6) — attach the documents to the original warrant; and give the original warrant and documents to the clerk of the court of the relevant magistrates court.\n(sec.179-ssec.8) Despite subsection (5) , if— an issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this section; and the original warrant is not produced in evidence; the onus of proof is on the person relying on the lawfulness of the exercise of the power to prove a warrant authorised the exercise of the power.\n(sec.179-ssec.9) This section does not limit section 177 .\n(sec.179-ssec.10) In this section— relevant magistrates court , in relation to a magistrate, means the Magistrates Court that the magistrate constitutes under the Magistrates Act 1991 .\n- (a) urgent circumstances; or\n- (b) other special circumstances, including, for example, the authorised person’s remote location.\n- (a) may not be made before the authorised person prepares the written application under section 177 (2) ; but\n- (b) may be made before the written application is sworn.\n- (a) it was necessary to make the application under subsection (1) ; and\n- (b) the way the application was made under subsection (1) was appropriate.\n- (a) if there is a reasonably practicable way of immediately giving a copy of the warrant to the authorised person, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the authorised person; or\n- (b) otherwise— (i) the magistrate must tell the authorised person the date and time the warrant is issued and the other terms of the warrant; and (ii) the authorised person must complete a form of warrant including by writing on it— (A) the magistrate’s name; and (B) the date and time the magistrate issued the warrant; and (C) the other terms of the warrant.\n- (i) the magistrate must tell the authorised person the date and time the warrant is issued and the other terms of the warrant; and\n- (ii) the authorised person must complete a form of warrant including by writing on it— (A) the magistrate’s name; and (B) the date and time the magistrate issued the warrant; and (C) the other terms of the warrant.\n- (A) the magistrate’s name; and\n- (B) the date and time the magistrate issued the warrant; and\n- (C) the other terms of the warrant.\n- (i) the magistrate must tell the authorised person the date and time the warrant is issued and the other terms of the warrant; and\n- (ii) the authorised person must complete a form of warrant including by writing on it— (A) the magistrate’s name; and (B) the date and time the magistrate issued the warrant; and (C) the other terms of the warrant.\n- (A) the magistrate’s name; and\n- (B) the date and time the magistrate issued the warrant; and\n- (C) the other terms of the warrant.\n- (A) the magistrate’s name; and\n- (B) the date and time the magistrate issued the warrant; and\n- (C) the other terms of the warrant.\n- (a) the written application complying with section 177 (2) and (3) ; and\n- (b) if the authorised person completed a form of warrant under subsection (4) (b) —the completed form of warrant.\n- (a) attach the documents to the original warrant; and\n- (b) give the original warrant and documents to the clerk of the court of the relevant magistrates court.\n- (a) an issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this section; and\n- (b) the original warrant is not produced in evidence;","sortOrder":234},{"sectionNumber":"sec.180","sectionType":"section","heading":"Defect in relation to a warrant","content":"### sec.180 Defect in relation to a warrant\n\nA warrant is not invalidated by a defect in the warrant, or in compliance with section 177 , 178 or 179 , unless the defect affects the substance of the warrant in a material particular.\nIn this section—\nwarrant includes a duplicate warrant mentioned in section 179 (5) .\n(sec.180-ssec.1) A warrant is not invalidated by a defect in the warrant, or in compliance with section 177 , 178 or 179 , unless the defect affects the substance of the warrant in a material particular.\n(sec.180-ssec.2) In this section— warrant includes a duplicate warrant mentioned in section 179 (5) .","sortOrder":235},{"sectionNumber":"sec.181","sectionType":"section","heading":"Warrants—procedure before entry","content":"### sec.181 Warrants—procedure before entry\n\nThis section applies if an authorised person named in a warrant issued under this part for a place is intending to enter the place under the warrant.\nBefore entering the place, the authorised person must do or make a reasonable attempt to do the following things—\nidentify himself or herself to a person present at the place who is an occupier of the place by producing a copy of the authorised person’s identity card or other document evidencing the appointment;\ngive the person a copy of the warrant;\ntell the person the authorised person is permitted by the warrant to enter the place;\ngive the person an opportunity to allow the authorised person immediate entry to the place without using force.\nHowever, the authorised person need not comply with subsection (2) if the authorised person believes on reasonable grounds that immediate entry to the place is required to ensure the effective execution of the warrant is not frustrated.\nIn this section—\nwarrant includes a duplicate warrant mentioned in section 179 (5) .\n(sec.181-ssec.1) This section applies if an authorised person named in a warrant issued under this part for a place is intending to enter the place under the warrant.\n(sec.181-ssec.2) Before entering the place, the authorised person must do or make a reasonable attempt to do the following things— identify himself or herself to a person present at the place who is an occupier of the place by producing a copy of the authorised person’s identity card or other document evidencing the appointment; give the person a copy of the warrant; tell the person the authorised person is permitted by the warrant to enter the place; give the person an opportunity to allow the authorised person immediate entry to the place without using force.\n(sec.181-ssec.3) However, the authorised person need not comply with subsection (2) if the authorised person believes on reasonable grounds that immediate entry to the place is required to ensure the effective execution of the warrant is not frustrated.\n(sec.181-ssec.4) In this section— warrant includes a duplicate warrant mentioned in section 179 (5) .\n- (a) identify himself or herself to a person present at the place who is an occupier of the place by producing a copy of the authorised person’s identity card or other document evidencing the appointment;\n- (b) give the person a copy of the warrant;\n- (c) tell the person the authorised person is permitted by the warrant to enter the place;\n- (d) give the person an opportunity to allow the authorised person immediate entry to the place without using force.","sortOrder":236},{"sectionNumber":"ch.7-pt.2-div.3","sectionType":"division","heading":"General powers","content":"## General powers","sortOrder":237},{"sectionNumber":"sec.182","sectionType":"section","heading":"General powers after entering places","content":"### sec.182 General powers after entering places\n\nThis section applies to an authorised person who enters a place.\nHowever, if an authorised person enters a place to get an occupier’s consent to enter a place, this section applies to the authorised person only if the consent is given or the entry is otherwise authorised.\nFor monitoring and enforcing compliance with this Act, the authorised person may—\nsearch any part of the place; or\ninspect, measure, test, photograph or film any part of the place or anything at the place; or\ntake a thing, or a sample of or from a thing, at the place for analysis; or\ncopy a document at the place or take the document to another place to copy it; or\ntake into or onto the place any persons, equipment and materials the authorised person reasonably requires for exercising a power under this part; or\nrequire an occupier of the place, or a person at the place, to give the authorised person reasonable help to exercise the authorised person’s powers under paragraphs (a) to (e) ; or\nrequire an occupier of the place, or a person at the place, to give the authorised person information to help the authorised person find out whether this Act is being complied with.\nWhen making a requirement mentioned in subsection (3) (f) or (g) , the authorised person must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.\nIf an authorised person takes a document from a place to copy it, the document must be copied as soon as practicable and returned to the place.\n(sec.182-ssec.1) This section applies to an authorised person who enters a place.\n(sec.182-ssec.2) However, if an authorised person enters a place to get an occupier’s consent to enter a place, this section applies to the authorised person only if the consent is given or the entry is otherwise authorised.\n(sec.182-ssec.3) For monitoring and enforcing compliance with this Act, the authorised person may— search any part of the place; or inspect, measure, test, photograph or film any part of the place or anything at the place; or take a thing, or a sample of or from a thing, at the place for analysis; or copy a document at the place or take the document to another place to copy it; or take into or onto the place any persons, equipment and materials the authorised person reasonably requires for exercising a power under this part; or require an occupier of the place, or a person at the place, to give the authorised person reasonable help to exercise the authorised person’s powers under paragraphs (a) to (e) ; or require an occupier of the place, or a person at the place, to give the authorised person information to help the authorised person find out whether this Act is being complied with.\n(sec.182-ssec.4) When making a requirement mentioned in subsection (3) (f) or (g) , the authorised person must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.\n(sec.182-ssec.5) If an authorised person takes a document from a place to copy it, the document must be copied as soon as practicable and returned to the place.\n- (a) search any part of the place; or\n- (b) inspect, measure, test, photograph or film any part of the place or anything at the place; or\n- (c) take a thing, or a sample of or from a thing, at the place for analysis; or\n- (d) copy a document at the place or take the document to another place to copy it; or\n- (e) take into or onto the place any persons, equipment and materials the authorised person reasonably requires for exercising a power under this part; or\n- (f) require an occupier of the place, or a person at the place, to give the authorised person reasonable help to exercise the authorised person’s powers under paragraphs (a) to (e) ; or\n- (g) require an occupier of the place, or a person at the place, to give the authorised person information to help the authorised person find out whether this Act is being complied with.","sortOrder":238},{"sectionNumber":"sec.183","sectionType":"section","heading":"Failure to help authorised person","content":"### sec.183 Failure to help authorised person\n\nA person required to give reasonable help under section 182 (3) (f) must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.\nIf an individual is required under section 182 (3) (f) to give information, or produce a document, it is a reasonable excuse for the individual to fail to comply with the requirement that complying with the requirement might tend to incriminate the individual.\n(sec.183-ssec.1) A person required to give reasonable help under section 182 (3) (f) must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.183-ssec.2) If an individual is required under section 182 (3) (f) to give information, or produce a document, it is a reasonable excuse for the individual to fail to comply with the requirement that complying with the requirement might tend to incriminate the individual.","sortOrder":239},{"sectionNumber":"sec.184","sectionType":"section","heading":"Failure to give information","content":"### sec.184 Failure to give information\n\nA person of whom a requirement is made under section 182 (3) (g) must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.\nAlso, under section 267 (3) it is an offence for a person to state anything to an authorised person the person knows to be false or misleading in a material particular.\nIt is a reasonable excuse for an individual to fail to comply with the requirement that complying with the requirement might tend to incriminate the individual.\n(sec.184-ssec.1) A person of whom a requirement is made under section 182 (3) (g) must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—50 penalty units. Also, under section 267 (3) it is an offence for a person to state anything to an authorised person the person knows to be false or misleading in a material particular.\n(sec.184-ssec.2) It is a reasonable excuse for an individual to fail to comply with the requirement that complying with the requirement might tend to incriminate the individual.","sortOrder":240},{"sectionNumber":"ch.7-pt.2-div.4","sectionType":"division","heading":"Stopping or moving motor vehicles","content":"## Stopping or moving motor vehicles","sortOrder":241},{"sectionNumber":"sec.185","sectionType":"section","heading":"Stopping or moving motor vehicle","content":"### sec.185 Stopping or moving motor vehicle\n\nThis section applies if an authorised person reasonably suspects, or is aware, that a thing in or on a motor vehicle may provide evidence of the commission of an offence against this Act.\nFor the purpose of exercising the powers of an authorised person under this part, an authorised person may—\nif the motor vehicle is moving—ask or signal the person in control of the vehicle to stop the vehicle; and\nwhether or not the motor vehicle is moving—ask or signal the person in control of the vehicle to bring the vehicle to a convenient place within a reasonable distance to allow the authorised person to exercise the authorised person’s powers under this part.\nWhen asking or signalling the person in control of a moving motor vehicle to stop the vehicle or bring it to a convenient place, the authorised person must clearly identify himself or herself as an authorised person exercising the authorised person’s powers under this Act.\nIf the authorised person is in a moving motor vehicle, he or she may use a loud hailer to identify himself or herself as an authorised person exercising powers under this Act.\nIf the authorised person is standing at the side of the road, he or she may use a sign to identify himself or herself as an authorised person exercising powers under this Act.\nDespite section 171 , for the purpose of exercising a power under subsection (2) (a) , the authorised person must—\nhave with him or her the authorised person’s identity card; and\nproduce the identity card for the person’s inspection immediately after the motor vehicle is stopped.\nThe person must comply with the authorised person’s request or signal, unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.\nIt is a reasonable excuse for the person not to obey the request or signal if—\nin a case to which subsection (3) applies, the authorised person has not complied with the subsection; or\nto immediately obey the request or signal would have endangered the person or someone else or caused loss or damage to property, and the person obeys the request or signal as soon as it is practicable to obey it.\nIf the motor vehicle is stopped, the authorised person may direct the person—\nnot to move the vehicle until the authorised person has exercised the authorised person’s powers under this part; or\nto move the vehicle to, and keep it at, a stated reasonable place to allow the authorised person to exercise the authorised person’s powers under this part.\nWhen giving the direction, the authorised person must warn the person it is an offence not to comply with the direction, unless the person has a reasonable excuse.\nThe person must comply with the authorised person’s direction, unless the person has a reasonable excuse.\nMaximum penalty for subsection (9) —50 penalty units.\n(sec.185-ssec.1) This section applies if an authorised person reasonably suspects, or is aware, that a thing in or on a motor vehicle may provide evidence of the commission of an offence against this Act.\n(sec.185-ssec.2) For the purpose of exercising the powers of an authorised person under this part, an authorised person may— if the motor vehicle is moving—ask or signal the person in control of the vehicle to stop the vehicle; and whether or not the motor vehicle is moving—ask or signal the person in control of the vehicle to bring the vehicle to a convenient place within a reasonable distance to allow the authorised person to exercise the authorised person’s powers under this part.\n(sec.185-ssec.3) When asking or signalling the person in control of a moving motor vehicle to stop the vehicle or bring it to a convenient place, the authorised person must clearly identify himself or herself as an authorised person exercising the authorised person’s powers under this Act. If the authorised person is in a moving motor vehicle, he or she may use a loud hailer to identify himself or herself as an authorised person exercising powers under this Act. If the authorised person is standing at the side of the road, he or she may use a sign to identify himself or herself as an authorised person exercising powers under this Act.\n(sec.185-ssec.4) Despite section 171 , for the purpose of exercising a power under subsection (2) (a) , the authorised person must— have with him or her the authorised person’s identity card; and produce the identity card for the person’s inspection immediately after the motor vehicle is stopped.\n(sec.185-ssec.5) The person must comply with the authorised person’s request or signal, unless the person has a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.185-ssec.6) It is a reasonable excuse for the person not to obey the request or signal if— in a case to which subsection (3) applies, the authorised person has not complied with the subsection; or to immediately obey the request or signal would have endangered the person or someone else or caused loss or damage to property, and the person obeys the request or signal as soon as it is practicable to obey it.\n(sec.185-ssec.7) If the motor vehicle is stopped, the authorised person may direct the person— not to move the vehicle until the authorised person has exercised the authorised person’s powers under this part; or to move the vehicle to, and keep it at, a stated reasonable place to allow the authorised person to exercise the authorised person’s powers under this part.\n(sec.185-ssec.8) When giving the direction, the authorised person must warn the person it is an offence not to comply with the direction, unless the person has a reasonable excuse.\n(sec.185-ssec.9) The person must comply with the authorised person’s direction, unless the person has a reasonable excuse. Maximum penalty for subsection (9) —50 penalty units.\n- (a) if the motor vehicle is moving—ask or signal the person in control of the vehicle to stop the vehicle; and\n- (b) whether or not the motor vehicle is moving—ask or signal the person in control of the vehicle to bring the vehicle to a convenient place within a reasonable distance to allow the authorised person to exercise the authorised person’s powers under this part.\n- 1 If the authorised person is in a moving motor vehicle, he or she may use a loud hailer to identify himself or herself as an authorised person exercising powers under this Act.\n- 2 If the authorised person is standing at the side of the road, he or she may use a sign to identify himself or herself as an authorised person exercising powers under this Act.\n- (a) have with him or her the authorised person’s identity card; and\n- (b) produce the identity card for the person’s inspection immediately after the motor vehicle is stopped.\n- (a) in a case to which subsection (3) applies, the authorised person has not complied with the subsection; or\n- (b) to immediately obey the request or signal would have endangered the person or someone else or caused loss or damage to property, and the person obeys the request or signal as soon as it is practicable to obey it.\n- (a) not to move the vehicle until the authorised person has exercised the authorised person’s powers under this part; or\n- (b) to move the vehicle to, and keep it at, a stated reasonable place to allow the authorised person to exercise the authorised person’s powers under this part.","sortOrder":242},{"sectionNumber":"ch.7-pt.2-div.5","sectionType":"division","heading":"Power to seize evidence","content":"## Power to seize evidence","sortOrder":243},{"sectionNumber":"sec.186","sectionType":"section","heading":"Seizing evidence at a place that may be entered without consent or warrant","content":"### sec.186 Seizing evidence at a place that may be entered without consent or warrant\n\nAn authorised person who enters a place under this part without the consent of the occupier and without a warrant, may seize a thing at the place only if the authorised person reasonably believes the thing is evidence of an offence against this Act.","sortOrder":244},{"sectionNumber":"sec.187","sectionType":"section","heading":"Seizing evidence at a place that may only be entered with consent or warrant","content":"### sec.187 Seizing evidence at a place that may only be entered with consent or warrant\n\nThis section applies if—\nan authorised person is authorised to enter a place under this part only with the consent of an occupier of the place or a warrant; and\nthe authorised person enters the place after obtaining the necessary consent or warrant.\nIf the authorised person enters the place with the occupier’s consent, the authorised person may seize a thing at the place only if—\nthe authorised person reasonably believes the thing is evidence of an offence against this Act; and\nseizure of the thing is consistent with the purpose of entry as told to the occupier when asking for the occupier’s consent.\nIf the authorised person enters the place with a warrant, the authorised person may seize the evidence for which the warrant was issued.\nThe authorised person also may seize anything else at the place if the authorised person reasonably believes—\nthe thing is evidence of an offence against this Act; and\nthe seizure is necessary to prevent the thing being—\nhidden, lost or destroyed; or\nused to continue, or repeat, the offence.\nAlso, the authorised person may seize a thing at the place if the authorised person reasonably believes it has just been used in committing an offence against this Act.\n(sec.187-ssec.1) This section applies if— an authorised person is authorised to enter a place under this part only with the consent of an occupier of the place or a warrant; and the authorised person enters the place after obtaining the necessary consent or warrant.\n(sec.187-ssec.2) If the authorised person enters the place with the occupier’s consent, the authorised person may seize a thing at the place only if— the authorised person reasonably believes the thing is evidence of an offence against this Act; and seizure of the thing is consistent with the purpose of entry as told to the occupier when asking for the occupier’s consent.\n(sec.187-ssec.3) If the authorised person enters the place with a warrant, the authorised person may seize the evidence for which the warrant was issued.\n(sec.187-ssec.4) The authorised person also may seize anything else at the place if the authorised person reasonably believes— the thing is evidence of an offence against this Act; and the seizure is necessary to prevent the thing being— hidden, lost or destroyed; or used to continue, or repeat, the offence.\n(sec.187-ssec.5) Also, the authorised person may seize a thing at the place if the authorised person reasonably believes it has just been used in committing an offence against this Act.\n- (a) an authorised person is authorised to enter a place under this part only with the consent of an occupier of the place or a warrant; and\n- (b) the authorised person enters the place after obtaining the necessary consent or warrant.\n- (a) the authorised person reasonably believes the thing is evidence of an offence against this Act; and\n- (b) seizure of the thing is consistent with the purpose of entry as told to the occupier when asking for the occupier’s consent.\n- (a) the thing is evidence of an offence against this Act; and\n- (b) the seizure is necessary to prevent the thing being— (i) hidden, lost or destroyed; or (ii) used to continue, or repeat, the offence.\n- (i) hidden, lost or destroyed; or\n- (ii) used to continue, or repeat, the offence.\n- (i) hidden, lost or destroyed; or\n- (ii) used to continue, or repeat, the offence.","sortOrder":245},{"sectionNumber":"ch.7-pt.2-div.6","sectionType":"division","heading":"Dealing with seized things","content":"## Dealing with seized things","sortOrder":246},{"sectionNumber":"sec.188","sectionType":"section","heading":"Securing seized things","content":"### sec.188 Securing seized things\n\nHaving seized a thing, an authorised person may—\nmove the thing from the place where it was seized (the place of seizure ); or\nleave the thing at the place of seizure, but take reasonable action to restrict access to it.\nsealing a thing and marking it to show access to it is restricted\nsealing the entrance to a room where the thing is situated and marking it to show access to it is restricted\n- (a) move the thing from the place where it was seized (the place of seizure ); or\n- (b) leave the thing at the place of seizure, but take reasonable action to restrict access to it. Examples of restricting access to a thing— • sealing a thing and marking it to show access to it is restricted • sealing the entrance to a room where the thing is situated and marking it to show access to it is restricted\n- • sealing a thing and marking it to show access to it is restricted\n- • sealing the entrance to a room where the thing is situated and marking it to show access to it is restricted\n- • sealing a thing and marking it to show access to it is restricted\n- • sealing the entrance to a room where the thing is situated and marking it to show access to it is restricted","sortOrder":247},{"sectionNumber":"sec.189","sectionType":"section","heading":"Tampering with seized things","content":"### sec.189 Tampering with seized things\n\nIf an authorised person restricts access to a seized thing, a person must not tamper with the thing, or something restricting access to the thing, without an authorised person’s approval.\nMaximum penalty—100 penalty units.\nIn this section—\ntamper includes attempt to tamper.\n(sec.189-ssec.1) If an authorised person restricts access to a seized thing, a person must not tamper with the thing, or something restricting access to the thing, without an authorised person’s approval. Maximum penalty—100 penalty units.\n(sec.189-ssec.2) In this section— tamper includes attempt to tamper.","sortOrder":248},{"sectionNumber":"sec.190","sectionType":"section","heading":"Powers to support seizure","content":"### sec.190 Powers to support seizure\n\nTo enable a thing to be seized, an authorised person may require the person in control of it—\nto take it to a stated reasonable place by a stated reasonable time; and\nif necessary, to remain in control of it at the stated place for a reasonable time.\nThe requirement—\nmust be made by notice; or\nif for any reason it is not practicable to give the notice, may be made orally and confirmed by notice as soon as practicable.\nA further requirement may be made under this section about the same thing if it is necessary and reasonable to make the further requirement.\nA person of whom a requirement is made under subsection (1) or (3) must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.\nSubject to section 213 , the cost of complying with subsection (4) must be borne by the person.\n(sec.190-ssec.1) To enable a thing to be seized, an authorised person may require the person in control of it— to take it to a stated reasonable place by a stated reasonable time; and if necessary, to remain in control of it at the stated place for a reasonable time.\n(sec.190-ssec.2) The requirement— must be made by notice; or if for any reason it is not practicable to give the notice, may be made orally and confirmed by notice as soon as practicable.\n(sec.190-ssec.3) A further requirement may be made under this section about the same thing if it is necessary and reasonable to make the further requirement.\n(sec.190-ssec.4) A person of whom a requirement is made under subsection (1) or (3) must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—100 penalty units.\n(sec.190-ssec.5) Subject to section 213 , the cost of complying with subsection (4) must be borne by the person.\n- (a) to take it to a stated reasonable place by a stated reasonable time; and\n- (b) if necessary, to remain in control of it at the stated place for a reasonable time.\n- (a) must be made by notice; or\n- (b) if for any reason it is not practicable to give the notice, may be made orally and confirmed by notice as soon as practicable.","sortOrder":249},{"sectionNumber":"sec.191","sectionType":"section","heading":"Authorised person may require thing’s return","content":"### sec.191 Authorised person may require thing’s return\n\nIf an authorised person has required a person to take a thing to a stated place by a stated reasonable time under section 190 the authorised person may require the person to return the thing to the place from which it was taken.\nA person of whom a requirement is made under subsection (1) must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.\nSubject to section 213 , the cost of complying with subsection (2) must be borne by the person.\n(sec.191-ssec.1) If an authorised person has required a person to take a thing to a stated place by a stated reasonable time under section 190 the authorised person may require the person to return the thing to the place from which it was taken.\n(sec.191-ssec.2) A person of whom a requirement is made under subsection (1) must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—100 penalty units.\n(sec.191-ssec.3) Subject to section 213 , the cost of complying with subsection (2) must be borne by the person.","sortOrder":250},{"sectionNumber":"sec.192","sectionType":"section","heading":"Receipts for seized things","content":"### sec.192 Receipts for seized things\n\nAs soon as practicable after an authorised person seizes a thing, the authorised person must give a receipt for it to the person from whom it was seized.\nHowever, if for any reason it is not practicable to comply with subsection (1) , the authorised person must leave the receipt at the place of seizure in a conspicuous position and in a reasonably secure way.\nThe receipt must describe generally each thing seized and its condition.\nThis section does not apply to a thing if it is impracticable or would be unreasonable to give the receipt, given the thing’s nature, condition and value.\n(sec.192-ssec.1) As soon as practicable after an authorised person seizes a thing, the authorised person must give a receipt for it to the person from whom it was seized.\n(sec.192-ssec.2) However, if for any reason it is not practicable to comply with subsection (1) , the authorised person must leave the receipt at the place of seizure in a conspicuous position and in a reasonably secure way.\n(sec.192-ssec.3) The receipt must describe generally each thing seized and its condition.\n(sec.192-ssec.4) This section does not apply to a thing if it is impracticable or would be unreasonable to give the receipt, given the thing’s nature, condition and value.","sortOrder":251},{"sectionNumber":"sec.193","sectionType":"section","heading":"Forfeiture of seized things","content":"### sec.193 Forfeiture of seized things\n\nA seized thing is forfeited to the relevant entity if the authorised person who seized the thing—\ncan not find its owner, after making reasonable inquiries; or\ncan not return it to its owner, after making reasonable efforts.\nIn applying subsection (1) —\nsubsection (1) (a) does not require the authorised person to make inquiries if it would be unreasonable to make inquiries to find the owner; and\nsubsection (1) (b) does not require the authorised person to make efforts if it would be unreasonable to make efforts to return the thing to its owner.\nRegard must be had to a thing’s nature, condition and value in deciding—\nwhether it is reasonable to make inquiries or efforts; and\nif making inquiries or efforts, what inquiries or efforts, including the period over which they are made, are reasonable.\nOn the forfeiture of a thing to the relevant entity, the thing becomes the entity’s property.\nIf the thing is forfeited to the State, it may be dealt with by the chief executive as the chief executive considers appropriate.\nIf the thing is forfeited to a local government, it may be dealt with by the chief executive officer as the chief executive officer considers appropriate.\nWithout limiting subsections (5) and (6) , the chief executive or chief executive officer may destroy or dispose of the thing.\nDespite subsection (7) , the chief executive or chief executive officer must not deal with the thing in a way that could prejudice the outcome of a review under this Act or an appeal of which the chief executive or chief executive officer is aware.\nIn this section—\nrelevant entity , for a seized thing, means—\nif the thing was seized by an authorised person appointed by the chief executive—the State; or\nif the thing was seized by an authorised person appointed by a chief executive officer—the local government; or\nif the thing was seized by an authorised person appointed by 2 or more chief executive officers—the local government for whom the authorised person was performing his or her functions at the time the thing was seized.\ns 193 amd 2009 No. 24 s 1008\n(sec.193-ssec.1) A seized thing is forfeited to the relevant entity if the authorised person who seized the thing— can not find its owner, after making reasonable inquiries; or can not return it to its owner, after making reasonable efforts.\n(sec.193-ssec.2) In applying subsection (1) — subsection (1) (a) does not require the authorised person to make inquiries if it would be unreasonable to make inquiries to find the owner; and subsection (1) (b) does not require the authorised person to make efforts if it would be unreasonable to make efforts to return the thing to its owner.\n(sec.193-ssec.3) Regard must be had to a thing’s nature, condition and value in deciding— whether it is reasonable to make inquiries or efforts; and if making inquiries or efforts, what inquiries or efforts, including the period over which they are made, are reasonable.\n(sec.193-ssec.4) On the forfeiture of a thing to the relevant entity, the thing becomes the entity’s property.\n(sec.193-ssec.5) If the thing is forfeited to the State, it may be dealt with by the chief executive as the chief executive considers appropriate.\n(sec.193-ssec.6) If the thing is forfeited to a local government, it may be dealt with by the chief executive officer as the chief executive officer considers appropriate.\n(sec.193-ssec.7) Without limiting subsections (5) and (6) , the chief executive or chief executive officer may destroy or dispose of the thing.\n(sec.193-ssec.8) Despite subsection (7) , the chief executive or chief executive officer must not deal with the thing in a way that could prejudice the outcome of a review under this Act or an appeal of which the chief executive or chief executive officer is aware.\n(sec.193-ssec.9) In this section— relevant entity , for a seized thing, means— if the thing was seized by an authorised person appointed by the chief executive—the State; or if the thing was seized by an authorised person appointed by a chief executive officer—the local government; or if the thing was seized by an authorised person appointed by 2 or more chief executive officers—the local government for whom the authorised person was performing his or her functions at the time the thing was seized.\n- (a) can not find its owner, after making reasonable inquiries; or\n- (b) can not return it to its owner, after making reasonable efforts.\n- (a) subsection (1) (a) does not require the authorised person to make inquiries if it would be unreasonable to make inquiries to find the owner; and\n- (b) subsection (1) (b) does not require the authorised person to make efforts if it would be unreasonable to make efforts to return the thing to its owner.\n- (a) whether it is reasonable to make inquiries or efforts; and\n- (b) if making inquiries or efforts, what inquiries or efforts, including the period over which they are made, are reasonable.\n- (a) if the thing was seized by an authorised person appointed by the chief executive—the State; or\n- (b) if the thing was seized by an authorised person appointed by a chief executive officer—the local government; or\n- (c) if the thing was seized by an authorised person appointed by 2 or more chief executive officers—the local government for whom the authorised person was performing his or her functions at the time the thing was seized.","sortOrder":252},{"sectionNumber":"sec.194","sectionType":"section","heading":"Return of seized things","content":"### sec.194 Return of seized things\n\nIf a thing has been seized but not forfeited or destroyed under this part, the authorised person must return it to its owner—\nat the end of 6 months; or\nif a proceeding for an offence involving the thing is started within 6 months, at the end of the proceeding and any appeal from the proceeding.\nHowever, unless the thing has been forfeited or destroyed under this part, the authorised person must immediately return a thing seized as evidence to its owner if the authorised person stops being satisfied its continued retention as evidence is necessary.\n(sec.194-ssec.1) If a thing has been seized but not forfeited or destroyed under this part, the authorised person must return it to its owner— at the end of 6 months; or if a proceeding for an offence involving the thing is started within 6 months, at the end of the proceeding and any appeal from the proceeding.\n(sec.194-ssec.2) However, unless the thing has been forfeited or destroyed under this part, the authorised person must immediately return a thing seized as evidence to its owner if the authorised person stops being satisfied its continued retention as evidence is necessary.\n- (a) at the end of 6 months; or\n- (b) if a proceeding for an offence involving the thing is started within 6 months, at the end of the proceeding and any appeal from the proceeding.","sortOrder":253},{"sectionNumber":"sec.195","sectionType":"section","heading":"Access to seized things","content":"### sec.195 Access to seized things\n\nUntil a thing that has been seized is forfeited, destroyed or returned under this part, an authorised person must allow its owner to inspect it and, if it is a document, to copy it.\nSubsection (1) does not apply if it is impracticable or would be unreasonable to allow the inspection or copying.\n(sec.195-ssec.1) Until a thing that has been seized is forfeited, destroyed or returned under this part, an authorised person must allow its owner to inspect it and, if it is a document, to copy it.\n(sec.195-ssec.2) Subsection (1) does not apply if it is impracticable or would be unreasonable to allow the inspection or copying.","sortOrder":254},{"sectionNumber":"sec.196","sectionType":"section","heading":"Power of destruction","content":"### sec.196 Power of destruction\n\nAn authorised person may destroy a thing seized under this part if—\nthe thing consists wholly or partly of contaminated or decomposed matter; or\nthe authorised person reasonably believes the thing poses an immediate risk to public health or safety.\n- (a) the thing consists wholly or partly of contaminated or decomposed matter; or\n- (b) the authorised person reasonably believes the thing poses an immediate risk to public health or safety.","sortOrder":255},{"sectionNumber":"ch.7-pt.2-div.7","sectionType":"division","heading":"Power to obtain information","content":"## Power to obtain information","sortOrder":256},{"sectionNumber":"sec.197","sectionType":"section","heading":"Power to require name and address","content":"### sec.197 Power to require name and address\n\nThis section applies if—\nan authorised person finds a person committing an offence against this Act; or\nan authorised person finds a person in circumstances that lead, or has information that leads, the authorised person reasonably to suspect the person has just committed an offence against this Act.\nThe authorised person may require the person to state the person’s name and residential address.\nWhen making the requirement, the authorised person must warn the person it is an offence to fail to state the person’s name or residential address, unless the person has a reasonable excuse.\nThe authorised person may require the person to give the authorised person evidence of the correctness of the stated name or residential address if the authorised person reasonably suspects the stated name or address to be false.\nA requirement under subsection (2) or (4) is a personal details requirement .\n(sec.197-ssec.1) This section applies if— an authorised person finds a person committing an offence against this Act; or an authorised person finds a person in circumstances that lead, or has information that leads, the authorised person reasonably to suspect the person has just committed an offence against this Act.\n(sec.197-ssec.2) The authorised person may require the person to state the person’s name and residential address.\n(sec.197-ssec.3) When making the requirement, the authorised person must warn the person it is an offence to fail to state the person’s name or residential address, unless the person has a reasonable excuse.\n(sec.197-ssec.4) The authorised person may require the person to give the authorised person evidence of the correctness of the stated name or residential address if the authorised person reasonably suspects the stated name or address to be false.\n(sec.197-ssec.5) A requirement under subsection (2) or (4) is a personal details requirement .\n- (a) an authorised person finds a person committing an offence against this Act; or\n- (b) an authorised person finds a person in circumstances that lead, or has information that leads, the authorised person reasonably to suspect the person has just committed an offence against this Act.","sortOrder":257},{"sectionNumber":"sec.198","sectionType":"section","heading":"Failure to give name or address","content":"### sec.198 Failure to give name or address\n\nA person of whom a personal details requirement is made must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.\nA person does not commit an offence against subsection (1) if—\nthe person was required to state the person’s name and residential address by an authorised person who suspected the person had committed an offence against this Act; and\nthe person is not proved to have committed the offence against this Act.\n(sec.198-ssec.1) A person of whom a personal details requirement is made must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.198-ssec.2) A person does not commit an offence against subsection (1) if— the person was required to state the person’s name and residential address by an authorised person who suspected the person had committed an offence against this Act; and the person is not proved to have committed the offence against this Act.\n- (a) the person was required to state the person’s name and residential address by an authorised person who suspected the person had committed an offence against this Act; and\n- (b) the person is not proved to have committed the offence against this Act.","sortOrder":258},{"sectionNumber":"sec.199","sectionType":"section","heading":"Power to require production of documents","content":"### sec.199 Power to require production of documents\n\nAn authorised person may require a person to make available for inspection by an authorised person, or produce to the authorised person for inspection, at a reasonable time and place nominated by the authorised person—\na document issued to the person under this Act; or\na document required to be kept by the person under this Act.\nThe authorised person may keep the document to copy it.\nIf the authorised person copies the document, or an entry in the document, the authorised person may require the person responsible for keeping the document to certify the copy as a true copy of the document or entry.\nThe authorised person must return the document to the person as soon as practicable after copying it.\nHowever, if a requirement (a document certification requirement ) is made of a person under subsection (3) , the authorised person may keep the document until the person complies with the requirement.\nA requirement under subsection (1) is a document production requirement .\n(sec.199-ssec.1) An authorised person may require a person to make available for inspection by an authorised person, or produce to the authorised person for inspection, at a reasonable time and place nominated by the authorised person— a document issued to the person under this Act; or a document required to be kept by the person under this Act.\n(sec.199-ssec.2) The authorised person may keep the document to copy it.\n(sec.199-ssec.3) If the authorised person copies the document, or an entry in the document, the authorised person may require the person responsible for keeping the document to certify the copy as a true copy of the document or entry.\n(sec.199-ssec.4) The authorised person must return the document to the person as soon as practicable after copying it.\n(sec.199-ssec.5) However, if a requirement (a document certification requirement ) is made of a person under subsection (3) , the authorised person may keep the document until the person complies with the requirement.\n(sec.199-ssec.6) A requirement under subsection (1) is a document production requirement .\n- (a) a document issued to the person under this Act; or\n- (b) a document required to be kept by the person under this Act.","sortOrder":259},{"sectionNumber":"sec.200","sectionType":"section","heading":"Failure to produce document","content":"### sec.200 Failure to produce document\n\nA person of whom a document production requirement is made must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.\nIt is not a reasonable excuse for a person not to comply with a document production requirement that complying with the requirement might tend to incriminate the person.\n(sec.200-ssec.1) A person of whom a document production requirement is made must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.200-ssec.2) It is not a reasonable excuse for a person not to comply with a document production requirement that complying with the requirement might tend to incriminate the person.","sortOrder":260},{"sectionNumber":"sec.201","sectionType":"section","heading":"Failure to certify copy of document","content":"### sec.201 Failure to certify copy of document\n\nA person of whom a document certification requirement is made must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.","sortOrder":261},{"sectionNumber":"sec.202","sectionType":"section","heading":"Power to require information","content":"### sec.202 Power to require information\n\nThis section applies if an authorised person reasonably believes—\nan offence against this Act has been committed; and\na person may be able to give information about the offence.\nThe authorised person may, by notice given to the person, require the person to give information about the offence to the authorised person at a stated reasonable time and place.\nThe person must comply with a requirement under subsection (2) , unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.\nIt is a reasonable excuse for an individual to fail to give information if giving the information might tend to incriminate the individual.\n(sec.202-ssec.1) This section applies if an authorised person reasonably believes— an offence against this Act has been committed; and a person may be able to give information about the offence.\n(sec.202-ssec.2) The authorised person may, by notice given to the person, require the person to give information about the offence to the authorised person at a stated reasonable time and place.\n(sec.202-ssec.3) The person must comply with a requirement under subsection (2) , unless the person has a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.202-ssec.4) It is a reasonable excuse for an individual to fail to give information if giving the information might tend to incriminate the individual.\n- (a) an offence against this Act has been committed; and\n- (b) a person may be able to give information about the offence.","sortOrder":262},{"sectionNumber":"ch.7-pt.2-div.8","sectionType":"division","heading":"Emergency powers of authorised persons","content":"## Emergency powers of authorised persons","sortOrder":263},{"sectionNumber":"sec.203","sectionType":"section","heading":"Application of div 8","content":"### sec.203 Application of div 8\n\nThis division applies if an authorised person is satisfied on reasonable grounds—\na food business is being carried out at a place, other than a place, or part of a place, used for residential purposes; and\nit is necessary to exercise powers under this division to avoid an imminent risk of death or serious illness of any person from food being handled or sold in connection with the food business.\n- (a) a food business is being carried out at a place, other than a place, or part of a place, used for residential purposes; and\n- (b) it is necessary to exercise powers under this division to avoid an imminent risk of death or serious illness of any person from food being handled or sold in connection with the food business.","sortOrder":264},{"sectionNumber":"sec.204","sectionType":"section","heading":"Power and procedure for entry","content":"### sec.204 Power and procedure for entry\n\nThe authorised person may, without a warrant or the consent of the occupier of the place, enter the place.\nBefore entering the place, the authorised person must do or make a reasonable attempt to do the following things—\ncomply with section 171 (1) ;\ntell the occupier the authorised person is permitted under this Act to enter the place;\ngive the occupier an opportunity to allow the authorised person immediate entry to the place without using force.\nHowever, the authorised person need not comply with subsection (2) if the authorised person reasonably believes that immediate entry to the place is required to avoid an imminent risk of death or serious illness of any person.\n(sec.204-ssec.1) The authorised person may, without a warrant or the consent of the occupier of the place, enter the place.\n(sec.204-ssec.2) Before entering the place, the authorised person must do or make a reasonable attempt to do the following things— comply with section 171 (1) ; tell the occupier the authorised person is permitted under this Act to enter the place; give the occupier an opportunity to allow the authorised person immediate entry to the place without using force.\n(sec.204-ssec.3) However, the authorised person need not comply with subsection (2) if the authorised person reasonably believes that immediate entry to the place is required to avoid an imminent risk of death or serious illness of any person.\n- (a) comply with section 171 (1) ;\n- (b) tell the occupier the authorised person is permitted under this Act to enter the place;\n- (c) give the occupier an opportunity to allow the authorised person immediate entry to the place without using force.","sortOrder":265},{"sectionNumber":"sec.205","sectionType":"section","heading":"Power in relation to food","content":"### sec.205 Power in relation to food\n\nThe authorised person may in relation to the food mentioned in section 203 (b) —\ndirect a person at the place to take stated reasonable steps within a stated reasonable period; or\ntake the reasonable steps; or\nauthorise another person to take the reasonable steps.\nThe direction may be given orally or by notice.\nHowever, if the direction is given orally, the authorised person must as soon as practicable confirm the direction by notice given to the person.\nWhen giving the direction under subsection (1) (a) , the authorised person must warn the person it is an offence not to comply with the direction unless the person has a reasonable excuse.\nIf the authorised person takes the steps, the authorised person also may exercise any of the powers of an authorised person under this part.\n(sec.205-ssec.1) The authorised person may in relation to the food mentioned in section 203 (b) — direct a person at the place to take stated reasonable steps within a stated reasonable period; or take the reasonable steps; or authorise another person to take the reasonable steps.\n(sec.205-ssec.2) The direction may be given orally or by notice.\n(sec.205-ssec.3) However, if the direction is given orally, the authorised person must as soon as practicable confirm the direction by notice given to the person.\n(sec.205-ssec.4) When giving the direction under subsection (1) (a) , the authorised person must warn the person it is an offence not to comply with the direction unless the person has a reasonable excuse.\n(sec.205-ssec.5) If the authorised person takes the steps, the authorised person also may exercise any of the powers of an authorised person under this part.\n- (a) direct a person at the place to take stated reasonable steps within a stated reasonable period; or\n- (b) take the reasonable steps; or\n- (c) authorise another person to take the reasonable steps.","sortOrder":266},{"sectionNumber":"sec.206","sectionType":"section","heading":"How power may be exercised","content":"### sec.206 How power may be exercised\n\nThe authorised person may exercise the powers mentioned in sections 204 (1) and 205 (1) (b) and (5) (the emergency powers ) with the help, and using the force, that is necessary and reasonable in the circumstances.\nIn exercising or attempting to exercise emergency powers, an authorised person must take all reasonable steps to ensure the authorised person causes as little inconvenience to any person at the place, and does as little damage, as is practicable in the circumstances.\nIf an authorised person authorises a person to take steps under section 205 (1) (c) —\nthe person may exercise the powers mentioned in section 205 (5) ; and\nthe authorised person must inform the person—\nof the steps the person is authorised to take; and\nof the person’s powers under this division.\n(sec.206-ssec.1) The authorised person may exercise the powers mentioned in sections 204 (1) and 205 (1) (b) and (5) (the emergency powers ) with the help, and using the force, that is necessary and reasonable in the circumstances.\n(sec.206-ssec.2) In exercising or attempting to exercise emergency powers, an authorised person must take all reasonable steps to ensure the authorised person causes as little inconvenience to any person at the place, and does as little damage, as is practicable in the circumstances.\n(sec.206-ssec.3) If an authorised person authorises a person to take steps under section 205 (1) (c) — the person may exercise the powers mentioned in section 205 (5) ; and the authorised person must inform the person— of the steps the person is authorised to take; and of the person’s powers under this division.\n- (a) the person may exercise the powers mentioned in section 205 (5) ; and\n- (b) the authorised person must inform the person— (i) of the steps the person is authorised to take; and (ii) of the person’s powers under this division.\n- (i) of the steps the person is authorised to take; and\n- (ii) of the person’s powers under this division.\n- (i) of the steps the person is authorised to take; and\n- (ii) of the person’s powers under this division.","sortOrder":267},{"sectionNumber":"sec.207","sectionType":"section","heading":"Failure to comply with authorised person’s directions in emergency","content":"### sec.207 Failure to comply with authorised person’s directions in emergency\n\nA person to whom a direction is given under section 205 (1) (a) must comply with the direction, unless the person has a reasonable excuse.\nMaximum penalty—200 penalty units.\nIf a corporation commits an offence against this provision, each executive officer of the corporation may be taken, under section 260A , to have also committed the offence.\ns 207 amd 2013 No. 51 s 229 sch 1","sortOrder":268},{"sectionNumber":"sec.208","sectionType":"section","heading":"Authorised person’s powers not affected","content":"### sec.208 Authorised person’s powers not affected\n\nThis division does not limit any power an authorised person has apart from the division.","sortOrder":269},{"sectionNumber":"ch.7-pt.2-div.9","sectionType":"division","heading":"Improvement notices","content":"## Improvement notices","sortOrder":270},{"sectionNumber":"sec.209","sectionType":"section","heading":"Improvement notice","content":"### sec.209 Improvement notice\n\nThis section applies if an authorised person reasonably believes—\na person carrying on a food business—\nis contravening a provision of this Act; or\nhas contravened a provision of this Act in circumstances that make it likely the contravention will continue or be repeated; and\na matter relating to the contravention can be remedied; and\nit is appropriate to give the person an opportunity to remedy the matter; and\nif the person is a licensee—a local government has not given a show cause notice to the person under section 79 relating to the contravention.\nThe authorised person may give the person a notice (an improvement notice ) requiring the person to remedy the contravention or have the contravention remedied.\nThe improvement notice must state the following—\nthat the authorised person reasonably believes the person—\nis contravening a provision of this Act; or\nhas contravened a provision of this Act in circumstances that make it likely the contravention will continue or be repeated;\nthe provision the authorised person believes is being, or has been, contravened (the relevant provision );\nbriefly, how it is believed the relevant provision is being, or has been, contravened;\nthe period in which the person must remedy the contravention or have the contravention remedied;\nthat it is an offence to fail to comply with the improvement notice unless the person has a reasonable excuse.\nThe period stated under subsection (3) (d) must be reasonable having regard to the risk to public health or safety posed by the contravention.\nThe improvement notice may also state the reasonable steps that the authorised person considers necessary to remedy the contravention, or avoid further contravention, of the relevant provision.\nimplementation of a cleaning or pest control schedule at premises where a food business is carried on\nThe authorised person must keep a copy of the improvement notice.\nThe person must comply with the improvement notice unless the person has a reasonable excuse.\nMaximum penalty—\nif a contravention of the relevant provision is an offence—the maximum penalty for contravening the relevant provision; or\notherwise—200 penalty units.\nIf a corporation commits an offence against this provision, each executive officer of the corporation may be taken, under section 260A , to have also committed the offence.\nIf it is an offence to contravene the relevant provision for which the improvement notice is given, the person can not be prosecuted for that offence unless the person fails to comply with the improvement notice and does not have a reasonable excuse for the noncompliance.\nA person may be prosecuted for the contravention of a relevant provision without an authorised person first giving an improvement notice for the contravention.\ns 209 amd 2013 No. 51 s 229 sch 1\n(sec.209-ssec.1) This section applies if an authorised person reasonably believes— a person carrying on a food business— is contravening a provision of this Act; or has contravened a provision of this Act in circumstances that make it likely the contravention will continue or be repeated; and a matter relating to the contravention can be remedied; and it is appropriate to give the person an opportunity to remedy the matter; and if the person is a licensee—a local government has not given a show cause notice to the person under section 79 relating to the contravention.\n(sec.209-ssec.2) The authorised person may give the person a notice (an improvement notice ) requiring the person to remedy the contravention or have the contravention remedied.\n(sec.209-ssec.3) The improvement notice must state the following— that the authorised person reasonably believes the person— is contravening a provision of this Act; or has contravened a provision of this Act in circumstances that make it likely the contravention will continue or be repeated; the provision the authorised person believes is being, or has been, contravened (the relevant provision ); briefly, how it is believed the relevant provision is being, or has been, contravened; the period in which the person must remedy the contravention or have the contravention remedied; that it is an offence to fail to comply with the improvement notice unless the person has a reasonable excuse.\n(sec.209-ssec.4) The period stated under subsection (3) (d) must be reasonable having regard to the risk to public health or safety posed by the contravention.\n(sec.209-ssec.5) The improvement notice may also state the reasonable steps that the authorised person considers necessary to remedy the contravention, or avoid further contravention, of the relevant provision. implementation of a cleaning or pest control schedule at premises where a food business is carried on\n(sec.209-ssec.6) The authorised person must keep a copy of the improvement notice.\n(sec.209-ssec.7) The person must comply with the improvement notice unless the person has a reasonable excuse. Maximum penalty— if a contravention of the relevant provision is an offence—the maximum penalty for contravening the relevant provision; or otherwise—200 penalty units. If a corporation commits an offence against this provision, each executive officer of the corporation may be taken, under section 260A , to have also committed the offence.\n(sec.209-ssec.8) If it is an offence to contravene the relevant provision for which the improvement notice is given, the person can not be prosecuted for that offence unless the person fails to comply with the improvement notice and does not have a reasonable excuse for the noncompliance.\n(sec.209-ssec.9) A person may be prosecuted for the contravention of a relevant provision without an authorised person first giving an improvement notice for the contravention.\n- (a) a person carrying on a food business— (i) is contravening a provision of this Act; or (ii) has contravened a provision of this Act in circumstances that make it likely the contravention will continue or be repeated; and\n- (i) is contravening a provision of this Act; or\n- (ii) has contravened a provision of this Act in circumstances that make it likely the contravention will continue or be repeated; and\n- (b) a matter relating to the contravention can be remedied; and\n- (c) it is appropriate to give the person an opportunity to remedy the matter; and\n- (d) if the person is a licensee—a local government has not given a show cause notice to the person under section 79 relating to the contravention.\n- (i) is contravening a provision of this Act; or\n- (ii) has contravened a provision of this Act in circumstances that make it likely the contravention will continue or be repeated; and\n- (a) that the authorised person reasonably believes the person— (i) is contravening a provision of this Act; or (ii) has contravened a provision of this Act in circumstances that make it likely the contravention will continue or be repeated;\n- (i) is contravening a provision of this Act; or\n- (ii) has contravened a provision of this Act in circumstances that make it likely the contravention will continue or be repeated;\n- (b) the provision the authorised person believes is being, or has been, contravened (the relevant provision );\n- (c) briefly, how it is believed the relevant provision is being, or has been, contravened;\n- (d) the period in which the person must remedy the contravention or have the contravention remedied;\n- (e) that it is an offence to fail to comply with the improvement notice unless the person has a reasonable excuse.\n- (i) is contravening a provision of this Act; or\n- (ii) has contravened a provision of this Act in circumstances that make it likely the contravention will continue or be repeated;\n- (a) if a contravention of the relevant provision is an offence—the maximum penalty for contravening the relevant provision; or\n- (b) otherwise—200 penalty units.","sortOrder":271},{"sectionNumber":"sec.210","sectionType":"section","heading":"Approval for particular improvement notice","content":"### sec.210 Approval for particular improvement notice\n\nThis section applies to an improvement notice given to a person by an authorised person appointed by a chief executive officer.\nIf remedying the contravention, or having it remedied, within the reasonable time stated in the notice would be likely to stop the person’s food business from operating, the notice must be approved by the local government before it is given to the person.\n(sec.210-ssec.1) This section applies to an improvement notice given to a person by an authorised person appointed by a chief executive officer.\n(sec.210-ssec.2) If remedying the contravention, or having it remedied, within the reasonable time stated in the notice would be likely to stop the person’s food business from operating, the notice must be approved by the local government before it is given to the person.","sortOrder":272},{"sectionNumber":"sec.211","sectionType":"section","heading":"Record of compliance with improvement notice","content":"### sec.211 Record of compliance with improvement notice\n\nIf a person who is given an improvement notice by an authorised person under this division reasonably believes he or she has complied with the notice, the person may inform the authorised person of the belief.\nIf the authorised person is satisfied the person has complied with the improvement notice, the authorised person must—\nrecord the date of the compliance on the authorised person’s copy of the notice; and\nif asked, give a copy of the notice to the person.\n(sec.211-ssec.1) If a person who is given an improvement notice by an authorised person under this division reasonably believes he or she has complied with the notice, the person may inform the authorised person of the belief.\n(sec.211-ssec.2) If the authorised person is satisfied the person has complied with the improvement notice, the authorised person must— record the date of the compliance on the authorised person’s copy of the notice; and if asked, give a copy of the notice to the person.\n- (a) record the date of the compliance on the authorised person’s copy of the notice; and\n- (b) if asked, give a copy of the notice to the person.","sortOrder":273},{"sectionNumber":"ch.7-pt.3","sectionType":"part","heading":"General enforcement matters","content":"# General enforcement matters","sortOrder":274},{"sectionNumber":"ch.7-pt.3-div.1","sectionType":"division","heading":"Notice of damage and compensation","content":"## Notice of damage and compensation","sortOrder":275},{"sectionNumber":"sec.212","sectionType":"section","heading":"Notice of damage","content":"### sec.212 Notice of damage\n\nThis section applies if—\nan authorised person damages property when exercising or purporting to exercise a power; or\na person (the other person ) acting under the direction or authority of an authorised person damages property.\nThe authorised person must immediately give notice of particulars of the damage to a person who appears to the authorised person to be an owner of the property.\nIf the authorised person believes the damage was caused by a latent defect in the property or circumstances beyond the authorised person’s or other person’s control, the authorised person may state the belief in the notice.\nIf, for any reason, it is impracticable to comply with subsection (2) , the authorised person must leave the notice in a conspicuous position and in a reasonably secure way at the place where the damage happened.\nThis section does not apply to damage the authorised person reasonably believes is trivial.\nIn this section—\nowner , of property, includes a person in possession or control of it.\n(sec.212-ssec.1) This section applies if— an authorised person damages property when exercising or purporting to exercise a power; or a person (the other person ) acting under the direction or authority of an authorised person damages property.\n(sec.212-ssec.2) The authorised person must immediately give notice of particulars of the damage to a person who appears to the authorised person to be an owner of the property.\n(sec.212-ssec.3) If the authorised person believes the damage was caused by a latent defect in the property or circumstances beyond the authorised person’s or other person’s control, the authorised person may state the belief in the notice.\n(sec.212-ssec.4) If, for any reason, it is impracticable to comply with subsection (2) , the authorised person must leave the notice in a conspicuous position and in a reasonably secure way at the place where the damage happened.\n(sec.212-ssec.5) This section does not apply to damage the authorised person reasonably believes is trivial.\n(sec.212-ssec.6) In this section— owner , of property, includes a person in possession or control of it.\n- (a) an authorised person damages property when exercising or purporting to exercise a power; or\n- (b) a person (the other person ) acting under the direction or authority of an authorised person damages property.","sortOrder":276},{"sectionNumber":"sec.213","sectionType":"section","heading":"Compensation","content":"### sec.213 Compensation\n\nIf a person incurs loss or expense because of the exercise or purported exercise of a power under part 2 , other than the exercise or purported exercise of a power under section 196 to destroy a thing seized under part 2 , the person may claim compensation—\nfor the exercise or purported exercise of a power by or for the State—from the State; or\nfor the exercise or purported exercise of a power by or for a local government—from the local government.\nWithout limiting subsection (1) , compensation may be claimed for loss or expense incurred in complying with a requirement made of the person under part 2 .\nCompensation may be claimed and ordered to be paid in a proceeding—\nbrought in a court with jurisdiction for the recovery of the amount of compensation claimed; or\nfor an offence against this Act brought against the person claiming compensation.\nA court may order compensation to be paid only if it is satisfied it is just to make the order in the circumstances of the particular case.\n(sec.213-ssec.1) If a person incurs loss or expense because of the exercise or purported exercise of a power under part 2 , other than the exercise or purported exercise of a power under section 196 to destroy a thing seized under part 2 , the person may claim compensation— for the exercise or purported exercise of a power by or for the State—from the State; or for the exercise or purported exercise of a power by or for a local government—from the local government.\n(sec.213-ssec.2) Without limiting subsection (1) , compensation may be claimed for loss or expense incurred in complying with a requirement made of the person under part 2 .\n(sec.213-ssec.3) Compensation may be claimed and ordered to be paid in a proceeding— brought in a court with jurisdiction for the recovery of the amount of compensation claimed; or for an offence against this Act brought against the person claiming compensation.\n(sec.213-ssec.4) A court may order compensation to be paid only if it is satisfied it is just to make the order in the circumstances of the particular case.\n- (a) for the exercise or purported exercise of a power by or for the State—from the State; or\n- (b) for the exercise or purported exercise of a power by or for a local government—from the local government.\n- (a) brought in a court with jurisdiction for the recovery of the amount of compensation claimed; or\n- (b) for an offence against this Act brought against the person claiming compensation.","sortOrder":277},{"sectionNumber":"ch.7-pt.3-div.2","sectionType":"division","heading":"Other matters","content":"## Other matters","sortOrder":278},{"sectionNumber":"sec.214","sectionType":"section","heading":"Obstructing authorised person","content":"### sec.214 Obstructing authorised person\n\nA person must not obstruct an authorised person in the exercise of a power, unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.\nIf a corporation commits an offence against this provision, each executive officer of the corporation may be taken, under section 260A , to have also committed the offence.\nIf a person has obstructed an authorised person and the authorised person decides to proceed with the exercise of the power, the authorised person must warn the person that—\nit is an offence to obstruct the authorised person unless the person has a reasonable excuse; and\nthe authorised person considers the person’s conduct an obstruction.\nIn this section—\nobstruct includes hinder and attempt to obstruct or hinder.\ns 214 amd 2013 No. 51 s 229 sch 1\n(sec.214-ssec.1) A person must not obstruct an authorised person in the exercise of a power, unless the person has a reasonable excuse. Maximum penalty—100 penalty units. If a corporation commits an offence against this provision, each executive officer of the corporation may be taken, under section 260A , to have also committed the offence.\n(sec.214-ssec.2) If a person has obstructed an authorised person and the authorised person decides to proceed with the exercise of the power, the authorised person must warn the person that— it is an offence to obstruct the authorised person unless the person has a reasonable excuse; and the authorised person considers the person’s conduct an obstruction.\n(sec.214-ssec.3) In this section— obstruct includes hinder and attempt to obstruct or hinder.\n- (a) it is an offence to obstruct the authorised person unless the person has a reasonable excuse; and\n- (b) the authorised person considers the person’s conduct an obstruction.","sortOrder":279},{"sectionNumber":"sec.215","sectionType":"section","heading":"Impersonating authorised person","content":"### sec.215 Impersonating authorised person\n\nA person must not pretend to be an authorised person.\nMaximum penalty—100 penalty units.","sortOrder":280},{"sectionNumber":"ch.7-pt.4","sectionType":"part","heading":"Emergency powers of chief executive","content":"# Emergency powers of chief executive","sortOrder":281},{"sectionNumber":"sec.216","sectionType":"section","heading":"Making of order","content":"### sec.216 Making of order\n\nThe chief executive may make an order under this part if the chief executive has reasonable grounds to believe that the making of the order is necessary to prevent or reduce the possibility of a serious danger to public health or to mitigate the adverse consequences of a serious danger to public health.","sortOrder":282},{"sectionNumber":"sec.217","sectionType":"section","heading":"Nature of order","content":"### sec.217 Nature of order\n\nAn order under this part may do any 1 or more of the following—\nrequire the publication of warnings, in a form approved by the chief executive, that a particular food or type of food is unsafe;\nprohibit the cultivation, taking, harvesting or obtaining, from a stated area, of a particular food or type of food or other primary produce intended to be used for human consumption;\nprohibit a particular food or type of food from being advertised or sold;\ndirect that a particular food or type of food consigned or distributed for sale or sold be recalled and state the way in which, and the period within which, the recall must be conducted;\ndirect that a particular food or type of food intended to be used for human consumption be impounded, isolated, destroyed or otherwise disposed of and state the way in which the impounding, isolation, destruction or disposal must be conducted;\nprohibit absolutely the carrying on of an activity in relation to a particular food or type of food, or permit the carrying on of the activity only under conditions stated in the order;\nwithout limiting paragraph (f) , impose conditions relating to the taking and analysis of samples of the food or of water or soil or another thing that is part of the environment in which that activity is carried on in relation to the food;\nstate methods of analysis (not inconsistent with any methods prescribed by the food standards code) of any samples required to be taken under the order.\nAn order under this part may be varied or revoked by the chief executive in the same way as the order was made.\n(sec.217-ssec.1) An order under this part may do any 1 or more of the following— require the publication of warnings, in a form approved by the chief executive, that a particular food or type of food is unsafe; prohibit the cultivation, taking, harvesting or obtaining, from a stated area, of a particular food or type of food or other primary produce intended to be used for human consumption; prohibit a particular food or type of food from being advertised or sold; direct that a particular food or type of food consigned or distributed for sale or sold be recalled and state the way in which, and the period within which, the recall must be conducted; direct that a particular food or type of food intended to be used for human consumption be impounded, isolated, destroyed or otherwise disposed of and state the way in which the impounding, isolation, destruction or disposal must be conducted; prohibit absolutely the carrying on of an activity in relation to a particular food or type of food, or permit the carrying on of the activity only under conditions stated in the order; without limiting paragraph (f) , impose conditions relating to the taking and analysis of samples of the food or of water or soil or another thing that is part of the environment in which that activity is carried on in relation to the food; state methods of analysis (not inconsistent with any methods prescribed by the food standards code) of any samples required to be taken under the order.\n(sec.217-ssec.2) An order under this part may be varied or revoked by the chief executive in the same way as the order was made.\n- (a) require the publication of warnings, in a form approved by the chief executive, that a particular food or type of food is unsafe;\n- (b) prohibit the cultivation, taking, harvesting or obtaining, from a stated area, of a particular food or type of food or other primary produce intended to be used for human consumption;\n- (c) prohibit a particular food or type of food from being advertised or sold;\n- (d) direct that a particular food or type of food consigned or distributed for sale or sold be recalled and state the way in which, and the period within which, the recall must be conducted;\n- (e) direct that a particular food or type of food intended to be used for human consumption be impounded, isolated, destroyed or otherwise disposed of and state the way in which the impounding, isolation, destruction or disposal must be conducted;\n- (f) prohibit absolutely the carrying on of an activity in relation to a particular food or type of food, or permit the carrying on of the activity only under conditions stated in the order;\n- (g) without limiting paragraph (f) , impose conditions relating to the taking and analysis of samples of the food or of water or soil or another thing that is part of the environment in which that activity is carried on in relation to the food;\n- (h) state methods of analysis (not inconsistent with any methods prescribed by the food standards code) of any samples required to be taken under the order.","sortOrder":283},{"sectionNumber":"sec.218","sectionType":"section","heading":"Special provisions relating to recall orders","content":"### sec.218 Special provisions relating to recall orders\n\nA recall order may require the person, or the persons of a class, that is bound by the order to disclose to the public or to a class of persons stated in the order, in a way so stated, any 1 or more of the following—\nthe particular food or type of food to be recalled or disposed of;\nthe reasons why the food is considered to be unsafe;\nthe circumstances in which consumption of the food is unsafe;\nprocedures for disposing of the food.\nA person who is required by a recall order to conduct a recall of food must give notice to the chief executive of the completion of the recall as soon as practicable after the completion.\nA person who is bound by a recall order is liable for any cost incurred by or on behalf of the chief executive in connection with the recall order and that cost is taken to be a debt due to the chief executive from the person.\nIn proceedings for the recovery of the debt, a certificate signed by the chief executive stating the amount of any costs and the way in which they were incurred is evidence of the matters certified.\n(sec.218-ssec.1) A recall order may require the person, or the persons of a class, that is bound by the order to disclose to the public or to a class of persons stated in the order, in a way so stated, any 1 or more of the following— the particular food or type of food to be recalled or disposed of; the reasons why the food is considered to be unsafe; the circumstances in which consumption of the food is unsafe; procedures for disposing of the food.\n(sec.218-ssec.2) A person who is required by a recall order to conduct a recall of food must give notice to the chief executive of the completion of the recall as soon as practicable after the completion.\n(sec.218-ssec.3) A person who is bound by a recall order is liable for any cost incurred by or on behalf of the chief executive in connection with the recall order and that cost is taken to be a debt due to the chief executive from the person.\n(sec.218-ssec.4) In proceedings for the recovery of the debt, a certificate signed by the chief executive stating the amount of any costs and the way in which they were incurred is evidence of the matters certified.\n- (a) the particular food or type of food to be recalled or disposed of;\n- (b) the reasons why the food is considered to be unsafe;\n- (c) the circumstances in which consumption of the food is unsafe;\n- (d) procedures for disposing of the food.","sortOrder":284},{"sectionNumber":"sec.219","sectionType":"section","heading":"Way of making orders","content":"### sec.219 Way of making orders\n\nAn order under this part—\nmust be made in writing addressed to the person or persons intended to be bound by it, and served on that person or each of those persons, as the case requires; or\nmust be addressed to several persons, to a class of persons, or to all persons.\nNotice of an order addressed as mentioned in subsection (1) (b) setting out the order and the persons to be bound by the order must, as soon as practicable after the order is made, be published in a newspaper that, in the opinion of the chief executive, will be most likely to bring the order to the attention of the persons to be bound by it.\nAn order under this part, when it takes effect, is binding on the person or persons to whom it is addressed.\nAn order that is served on a person takes effect when it is served.\nAn order, notice of which is published under subsection (2) , takes effect at the beginning of the first day on which the notice was published.\nAn order ceases to have effect at the expiration of 90 days after the day on which it takes effect unless it is sooner revoked.\nSubsection (6) does not prevent a further order being made in the same terms as an order that has ceased to have effect.\n(sec.219-ssec.1) An order under this part— must be made in writing addressed to the person or persons intended to be bound by it, and served on that person or each of those persons, as the case requires; or must be addressed to several persons, to a class of persons, or to all persons.\n(sec.219-ssec.2) Notice of an order addressed as mentioned in subsection (1) (b) setting out the order and the persons to be bound by the order must, as soon as practicable after the order is made, be published in a newspaper that, in the opinion of the chief executive, will be most likely to bring the order to the attention of the persons to be bound by it.\n(sec.219-ssec.3) An order under this part, when it takes effect, is binding on the person or persons to whom it is addressed.\n(sec.219-ssec.4) An order that is served on a person takes effect when it is served.\n(sec.219-ssec.5) An order, notice of which is published under subsection (2) , takes effect at the beginning of the first day on which the notice was published.\n(sec.219-ssec.6) An order ceases to have effect at the expiration of 90 days after the day on which it takes effect unless it is sooner revoked.\n(sec.219-ssec.7) Subsection (6) does not prevent a further order being made in the same terms as an order that has ceased to have effect.\n- (a) must be made in writing addressed to the person or persons intended to be bound by it, and served on that person or each of those persons, as the case requires; or\n- (b) must be addressed to several persons, to a class of persons, or to all persons.","sortOrder":285},{"sectionNumber":"sec.220","sectionType":"section","heading":"Compensation","content":"### sec.220 Compensation\n\nA person bound by an order under this part who suffers loss because of the making of the order may apply to the chief executive for compensation if the person considers that there were insufficient grounds for the making of the order.\nIf there were insufficient grounds for the making of the order, the chief executive must pay the compensation to the applicant that is just and reasonable.\nThe chief executive must give notice about his or her decision about the payment of compensation under this section to each applicant for the payment of the compensation.\nIf the chief executive has not decided an application for compensation under this section within 28 days after receiving the application, the chief executive is taken to have decided to refuse to pay any compensation.\nIf the chief executive refuses an application for compensation or decides an amount of compensation less than that sought by the applicant, the notice must be a QCAT information notice.\ns 220 amd 2009 No. 24 s 1009\n(sec.220-ssec.1) A person bound by an order under this part who suffers loss because of the making of the order may apply to the chief executive for compensation if the person considers that there were insufficient grounds for the making of the order.\n(sec.220-ssec.2) If there were insufficient grounds for the making of the order, the chief executive must pay the compensation to the applicant that is just and reasonable.\n(sec.220-ssec.3) The chief executive must give notice about his or her decision about the payment of compensation under this section to each applicant for the payment of the compensation.\n(sec.220-ssec.4) If the chief executive has not decided an application for compensation under this section within 28 days after receiving the application, the chief executive is taken to have decided to refuse to pay any compensation.\n(sec.220-ssec.5) If the chief executive refuses an application for compensation or decides an amount of compensation less than that sought by the applicant, the notice must be a QCAT information notice.","sortOrder":286},{"sectionNumber":"sec.221","sectionType":"section","heading":"Failure to comply with order","content":"### sec.221 Failure to comply with order\n\nA person must not, without reasonable excuse—\ncontravene a prohibition imposed on the person by an order under this part; or\ncontravene a direction given by an order under this part; or\ncontravene a condition stated in an order under this part.\nMaximum penalty—500 penalty units.\nIf a corporation commits an offence against this provision, each executive officer of the corporation may be taken, under section 260A , to have also committed the offence.\ns 221 amd 2008 No. 66 s 4 sch pt 1 ; 2013 No. 51 s 229 sch 1\n- (a) contravene a prohibition imposed on the person by an order under this part; or\n- (b) contravene a direction given by an order under this part; or\n- (c) contravene a condition stated in an order under this part.","sortOrder":287},{"sectionNumber":"ch.7-pt.5","sectionType":"part","heading":"Injunctions","content":"# Injunctions","sortOrder":288},{"sectionNumber":"sec.222","sectionType":"section","heading":"Application of pt 5","content":"### sec.222 Application of pt 5\n\nThis part applies if—\na person has engaged, is engaging or is proposing to engage, in conduct that constitutes or would constitute a contravention of section 32 , 33 or 34 ; and\nthe chief executive or a chief executive officer has reasonable grounds to believe that an injunction under the part is necessary to prevent or reduce the possibility of a serious danger to public health or to mitigate the adverse consequences of a serious danger to public health.\n- (a) a person has engaged, is engaging or is proposing to engage, in conduct that constitutes or would constitute a contravention of section 32 , 33 or 34 ; and\n- (b) the chief executive or a chief executive officer has reasonable grounds to believe that an injunction under the part is necessary to prevent or reduce the possibility of a serious danger to public health or to mitigate the adverse consequences of a serious danger to public health.","sortOrder":289},{"sectionNumber":"sec.223","sectionType":"section","heading":"Who may apply for an injunction","content":"### sec.223 Who may apply for an injunction\n\nThe chief executive or chief executive officer may apply to the District Court for an injunction in relation to the conduct.","sortOrder":290},{"sectionNumber":"sec.224","sectionType":"section","heading":"District Court’s powers","content":"### sec.224 District Court’s powers\n\nOn considering the application for an injunction, the District Court may grant an injunction—\nrestraining the person from engaging in the conduct concerned; and\nif in the court’s opinion it is desirable to do so, requiring the person to do anything.\nThe power of the court to grant an injunction restraining a person from engaging in conduct may be exercised—\nwhether or not it appears to the court that the person intends to engage again, or to continue to engage, in the conduct; and\nwhether or not the person has previously engaged in the conduct.\nThe power of the court to grant an injunction requiring a person to do an act or thing may be exercised—\nwhether or not it appears to the court that the person intends to fail again, or to continue to fail, to do the act or thing; and\nwhether or not the person has previously failed to do the act or thing.\nAn interim injunction may be granted under this part until the application is finally decided.\nThe District Court may rescind or vary an injunction at any time.\nThe powers conferred on the District Court under this part are in addition to, and do not limit, any other powers of the court.\n(sec.224-ssec.1) On considering the application for an injunction, the District Court may grant an injunction— restraining the person from engaging in the conduct concerned; and if in the court’s opinion it is desirable to do so, requiring the person to do anything.\n(sec.224-ssec.2) The power of the court to grant an injunction restraining a person from engaging in conduct may be exercised— whether or not it appears to the court that the person intends to engage again, or to continue to engage, in the conduct; and whether or not the person has previously engaged in the conduct.\n(sec.224-ssec.3) The power of the court to grant an injunction requiring a person to do an act or thing may be exercised— whether or not it appears to the court that the person intends to fail again, or to continue to fail, to do the act or thing; and whether or not the person has previously failed to do the act or thing.\n(sec.224-ssec.4) An interim injunction may be granted under this part until the application is finally decided.\n(sec.224-ssec.5) The District Court may rescind or vary an injunction at any time.\n(sec.224-ssec.6) The powers conferred on the District Court under this part are in addition to, and do not limit, any other powers of the court.\n- (a) restraining the person from engaging in the conduct concerned; and\n- (b) if in the court’s opinion it is desirable to do so, requiring the person to do anything.\n- (a) whether or not it appears to the court that the person intends to engage again, or to continue to engage, in the conduct; and\n- (b) whether or not the person has previously engaged in the conduct.\n- (a) whether or not it appears to the court that the person intends to fail again, or to continue to fail, to do the act or thing; and\n- (b) whether or not the person has previously failed to do the act or thing.","sortOrder":291},{"sectionNumber":"sec.225","sectionType":"section","heading":"Terms of injunction","content":"### sec.225 Terms of injunction\n\nThe District Court may grant an injunction in the terms the court considers appropriate.\nWithout limiting subsection (1) , an injunction may be granted restraining a person from carrying on a food business, whether or not the food business is carried on as part of, or incidental to, the carrying on of another business—\nfor a stated period; or\nexcept on stated terms and conditions.\nAlso, the court may grant an injunction requiring a person to take stated action, including action to disclose information or publish advertisements, to remedy any adverse consequences of the person’s conduct.\n(sec.225-ssec.1) The District Court may grant an injunction in the terms the court considers appropriate.\n(sec.225-ssec.2) Without limiting subsection (1) , an injunction may be granted restraining a person from carrying on a food business, whether or not the food business is carried on as part of, or incidental to, the carrying on of another business— for a stated period; or except on stated terms and conditions.\n(sec.225-ssec.3) Also, the court may grant an injunction requiring a person to take stated action, including action to disclose information or publish advertisements, to remedy any adverse consequences of the person’s conduct.\n- (a) for a stated period; or\n- (b) except on stated terms and conditions.","sortOrder":292},{"sectionNumber":"sec.226","sectionType":"section","heading":"Undertakings as to damages or costs","content":"### sec.226 Undertakings as to damages or costs\n\nIf the chief executive or a chief executive officer applies for an injunction under this part, no undertaking as to damages or costs may be required to be made.","sortOrder":293},{"sectionNumber":"ch.8-pt.1","sectionType":"part","heading":"State analysts and approval of laboratories","content":"# State analysts and approval of laboratories","sortOrder":294},{"sectionNumber":"sec.227","sectionType":"section","heading":"Appointment and qualifications","content":"### sec.227 Appointment and qualifications\n\nThe chief executive may appoint any of the following persons as a State analyst—\na public service officer or employee of the department;\na health service employee;\na person prescribed under a regulation.\nA person may be appointed as a State analyst under subsection (1) to carry out any type, or only particular types, of analysis.\nHowever, the chief executive may appoint a person as a State analyst only if satisfied the person is qualified for appointment because the person has the necessary expertise or experience.\n(sec.227-ssec.1) The chief executive may appoint any of the following persons as a State analyst— a public service officer or employee of the department; a health service employee; a person prescribed under a regulation.\n(sec.227-ssec.2) A person may be appointed as a State analyst under subsection (1) to carry out any type, or only particular types, of analysis.\n(sec.227-ssec.3) However, the chief executive may appoint a person as a State analyst only if satisfied the person is qualified for appointment because the person has the necessary expertise or experience.\n- (a) a public service officer or employee of the department;\n- (b) a health service employee;\n- (c) a person prescribed under a regulation.","sortOrder":295},{"sectionNumber":"sec.228","sectionType":"section","heading":"Appointment conditions","content":"### sec.228 Appointment conditions\n\nA State analyst holds office on any conditions stated in—\nthe State analyst’s instrument of appointment; or\na signed notice given to the State analyst; or\na regulation.\nIn this section—\nsigned notice means a notice signed by the chief executive.\n(sec.228-ssec.1) A State analyst holds office on any conditions stated in— the State analyst’s instrument of appointment; or a signed notice given to the State analyst; or a regulation.\n(sec.228-ssec.2) In this section— signed notice means a notice signed by the chief executive.\n- (a) the State analyst’s instrument of appointment; or\n- (b) a signed notice given to the State analyst; or\n- (c) a regulation.","sortOrder":296},{"sectionNumber":"sec.229","sectionType":"section","heading":"When State analyst ceases to hold office","content":"### sec.229 When State analyst ceases to hold office\n\nA State analyst ceases to hold office if any of the following happens—\nthe term of office stated in a condition of office ends;\nunder another condition of office, the State analyst ceases to hold office;\nthe State analyst’s resignation under section 230 takes effect.\nSubsection (1) does not limit the ways a State analyst may cease to hold office.\nIn this section—\ncondition of office means a condition on which the State analyst holds office.\n(sec.229-ssec.1) A State analyst ceases to hold office if any of the following happens— the term of office stated in a condition of office ends; under another condition of office, the State analyst ceases to hold office; the State analyst’s resignation under section 230 takes effect.\n(sec.229-ssec.2) Subsection (1) does not limit the ways a State analyst may cease to hold office.\n(sec.229-ssec.3) In this section— condition of office means a condition on which the State analyst holds office.\n- (a) the term of office stated in a condition of office ends;\n- (b) under another condition of office, the State analyst ceases to hold office;\n- (c) the State analyst’s resignation under section 230 takes effect.","sortOrder":297},{"sectionNumber":"sec.230","sectionType":"section","heading":"Resignation","content":"### sec.230 Resignation\n\nA State analyst may resign by signed notice given to the chief executive.","sortOrder":298},{"sectionNumber":"sec.231","sectionType":"section","heading":"Chief executive may approve laboratory","content":"### sec.231 Chief executive may approve laboratory\n\nThe chief executive may approve a laboratory to analyse things taken under this Act if the chief executive is satisfied the laboratory has the resources and expertise to conduct the analysis.","sortOrder":299},{"sectionNumber":"ch.8-pt.2","sectionType":"part","heading":"Other matters about analysis of things","content":"# Other matters about analysis of things","sortOrder":300},{"sectionNumber":"sec.232","sectionType":"section","heading":"Analysis","content":"### sec.232 Analysis\n\nIf an authorised person takes a thing for analysis under this Act, the authorised person must as soon as practicable give it to a State analyst appointed to carry out the particular type of analysis required.\nIf a State analyst receives a thing for analysis under subsection (1) , the State analyst must as soon as practicable—\nanalyse the thing; or\ngive the thing to an approved laboratory for analysis.\nIf the State analyst analyses the thing, the State analyst must, as soon as practicable after analysing it—\ncomplete a certificate of analysis for it; and\ngive the certificate to the authorised person who took the thing for analysis.\nIf an approved laboratory analyses the thing, the State analyst must, as soon as practicable after it is analysed—\nobtain a certificate of analysis for it from the approved laboratory; and\ngive the certificate to the authorised person who took the thing for analysis.\n(sec.232-ssec.1) If an authorised person takes a thing for analysis under this Act, the authorised person must as soon as practicable give it to a State analyst appointed to carry out the particular type of analysis required.\n(sec.232-ssec.2) If a State analyst receives a thing for analysis under subsection (1) , the State analyst must as soon as practicable— analyse the thing; or give the thing to an approved laboratory for analysis.\n(sec.232-ssec.3) If the State analyst analyses the thing, the State analyst must, as soon as practicable after analysing it— complete a certificate of analysis for it; and give the certificate to the authorised person who took the thing for analysis.\n(sec.232-ssec.4) If an approved laboratory analyses the thing, the State analyst must, as soon as practicable after it is analysed— obtain a certificate of analysis for it from the approved laboratory; and give the certificate to the authorised person who took the thing for analysis.\n- (a) analyse the thing; or\n- (b) give the thing to an approved laboratory for analysis.\n- (a) complete a certificate of analysis for it; and\n- (b) give the certificate to the authorised person who took the thing for analysis.\n- (a) obtain a certificate of analysis for it from the approved laboratory; and\n- (b) give the certificate to the authorised person who took the thing for analysis.","sortOrder":301},{"sectionNumber":"sec.233","sectionType":"section","heading":"Certificate must indicate methodology used","content":"### sec.233 Certificate must indicate methodology used\n\nThe certificate of analysis must include information about the methodology used to conduct the analysis.","sortOrder":302},{"sectionNumber":"sec.234","sectionType":"section","heading":"Giving results of analysis","content":"### sec.234 Giving results of analysis\n\nThe chief executive must, if asked by a relevant person for a thing analysed under this Act, give to the person a copy of the certificate of analysis for the thing.\nIn this section—\nrelevant person , for a thing analysed under this Act, means—\nthe person from whom the thing was taken for analysis or otherwise obtained; or\nthe manufacturer or importer of the thing.\n(sec.234-ssec.1) The chief executive must, if asked by a relevant person for a thing analysed under this Act, give to the person a copy of the certificate of analysis for the thing.\n(sec.234-ssec.2) In this section— relevant person , for a thing analysed under this Act, means— the person from whom the thing was taken for analysis or otherwise obtained; or the manufacturer or importer of the thing.\n- (a) the person from whom the thing was taken for analysis or otherwise obtained; or\n- (b) the manufacturer or importer of the thing.","sortOrder":303},{"sectionNumber":"sec.235","sectionType":"section","heading":"Prohibition about use of results of analysis","content":"### sec.235 Prohibition about use of results of analysis\n\nA person must not use any information on a certificate of analysis for a thing to advertise or otherwise promote the thing.\nMaximum penalty—50 penalty units.","sortOrder":304},{"sectionNumber":"ch.9-pt.1","sectionType":"part","heading":"Internal review of decisions","content":"# Internal review of decisions","sortOrder":305},{"sectionNumber":"sec.236","sectionType":"section","heading":"Review process starts with internal review","content":"### sec.236 Review process starts with internal review\n\nSubject to this part, a person who is given, or is entitled to be given, an information notice for a decision under chapter 3 , 4 or 5 (an original decision ) may apply for review of the decision under this chapter.\nThe review must be, in the first instance, by way of an application for internal review under section 237 .\ns 236 amd 2009 No. 24 s 1011\n(sec.236-ssec.1) Subject to this part, a person who is given, or is entitled to be given, an information notice for a decision under chapter 3 , 4 or 5 (an original decision ) may apply for review of the decision under this chapter.\n(sec.236-ssec.2) The review must be, in the first instance, by way of an application for internal review under section 237 .","sortOrder":306},{"sectionNumber":"sec.237","sectionType":"section","heading":"Application for review","content":"### sec.237 Application for review\n\nThe person may apply to the local government that gave, or should have given, the person the information notice for a review of an original decision under chapter 3 or 4 .\nThe person may apply to the chief executive for a review of an original decision under chapter 5 .\nThe person to whom the application may be made is the reviewer .\n(sec.237-ssec.1) The person may apply to the local government that gave, or should have given, the person the information notice for a review of an original decision under chapter 3 or 4 .\n(sec.237-ssec.2) The person may apply to the chief executive for a review of an original decision under chapter 5 .\n(sec.237-ssec.3) The person to whom the application may be made is the reviewer .","sortOrder":307},{"sectionNumber":"sec.238","sectionType":"section","heading":"Applying for review","content":"### sec.238 Applying for review\n\nThe application must be made within 28 days after—\nif the person is given an information notice for the decision—the day the person is given the notice; or\nif paragraph (a) does not apply—the day the person otherwise becomes aware of the original decision.\nThe reviewer may, at any time, extend the time for applying for the review.\nThe application must be in writing and state fully the grounds of the application.\n(sec.238-ssec.1) The application must be made within 28 days after— if the person is given an information notice for the decision—the day the person is given the notice; or if paragraph (a) does not apply—the day the person otherwise becomes aware of the original decision.\n(sec.238-ssec.2) The reviewer may, at any time, extend the time for applying for the review.\n(sec.238-ssec.3) The application must be in writing and state fully the grounds of the application.\n- (a) if the person is given an information notice for the decision—the day the person is given the notice; or\n- (b) if paragraph (a) does not apply—the day the person otherwise becomes aware of the original decision.","sortOrder":308},{"sectionNumber":"sec.239","sectionType":"section","heading":"Review decision","content":"### sec.239 Review decision\n\nAfter reviewing the original decision, the reviewer must make a further decision (the review decision ) to—\nconfirm the original decision; or\namend the original decision; or\nsubstitute another decision for the original decision.\nThe reviewer must immediately give the applicant notice of the review decision.\nIf the review decision is not the decision sought by the applicant, the notice must be a QCAT information notice.\nIf the reviewer does not give the notice mentioned in subsection (2) within 30 days after the application is made, the reviewer is taken to have made a review decision confirming the original decision on the 30th day after the application is made.\nIf the review decision confirms the original decision, for the purpose of a review of the review decision by QCAT, the original decision is taken to be the review decision.\nIf the review decision amends the original decision, for the purpose of a review of the review decision by QCAT, the original decision as amended is taken to be the review decision.\ns 239 amd 2009 No. 24 s 1012\n(sec.239-ssec.1) After reviewing the original decision, the reviewer must make a further decision (the review decision ) to— confirm the original decision; or amend the original decision; or substitute another decision for the original decision.\n(sec.239-ssec.2) The reviewer must immediately give the applicant notice of the review decision.\n(sec.239-ssec.3) If the review decision is not the decision sought by the applicant, the notice must be a QCAT information notice.\n(sec.239-ssec.4) If the reviewer does not give the notice mentioned in subsection (2) within 30 days after the application is made, the reviewer is taken to have made a review decision confirming the original decision on the 30th day after the application is made.\n(sec.239-ssec.5) If the review decision confirms the original decision, for the purpose of a review of the review decision by QCAT, the original decision is taken to be the review decision.\n(sec.239-ssec.6) If the review decision amends the original decision, for the purpose of a review of the review decision by QCAT, the original decision as amended is taken to be the review decision.\n- (a) confirm the original decision; or\n- (b) amend the original decision; or\n- (c) substitute another decision for the original decision.","sortOrder":309},{"sectionNumber":"sec.240","sectionType":"section","heading":"Stay of operation of original decision","content":"### sec.240 Stay of operation of original decision\n\nIf an application is made for a review of an original decision, the applicant may immediately apply, as provided under the QCAT Act , to QCAT for a stay of the decision.\nQCAT may stay the decision to secure the effectiveness of the review and any later review.\nThe stay—\nmay be given on conditions QCAT considers appropriate; and\noperates for the period fixed by QCAT; and\nmay be revoked or amended by QCAT.\nThe period of the stay must not extend past the time when the reviewer makes a review decision about the original decision and any later period QCAT allows the applicant to enable the applicant to apply for a review of the review decision.\nAn application under subsection (1) affects the original decision, or carrying out of the original decision, only if the original decision is stayed.\ns 240 prev s 240 om 2009 No. 24 s 1013\npres s 240 ins 2009 No. 48 s 149\n(sec.240-ssec.1) If an application is made for a review of an original decision, the applicant may immediately apply, as provided under the QCAT Act , to QCAT for a stay of the decision.\n(sec.240-ssec.2) QCAT may stay the decision to secure the effectiveness of the review and any later review.\n(sec.240-ssec.3) The stay— may be given on conditions QCAT considers appropriate; and operates for the period fixed by QCAT; and may be revoked or amended by QCAT.\n(sec.240-ssec.4) The period of the stay must not extend past the time when the reviewer makes a review decision about the original decision and any later period QCAT allows the applicant to enable the applicant to apply for a review of the review decision.\n(sec.240-ssec.5) An application under subsection (1) affects the original decision, or carrying out of the original decision, only if the original decision is stayed.\n- (a) may be given on conditions QCAT considers appropriate; and\n- (b) operates for the period fixed by QCAT; and\n- (c) may be revoked or amended by QCAT.","sortOrder":310},{"sectionNumber":"ch.9-pt.2","sectionType":"part","heading":"External review of decisions","content":"# External review of decisions","sortOrder":311},{"sectionNumber":"sec.241","sectionType":"section","heading":"Who may apply for external review","content":"### sec.241 Who may apply for external review\n\nA person who has applied for the review of an original decision under part 1 and is dissatisfied with the review decision may apply, as provided under the QCAT Act , to QCAT for a review of the review decision.\nAn owner of a thing forfeited to a relevant entity under section 193 (1) , and not destroyed or disposed of under section 193 , who is dissatisfied with the decision resulting in the forfeiture (the forfeiture decision ) may apply, as provided under the QCAT Act , to QCAT for a review of the decision.\nA person who has applied for the payment of compensation under section 220 and is dissatisfied with the chief executive’s decision to refuse to pay compensation or about the amount of compensation (the compensation decision ) may apply, as provided under the QCAT Act , to QCAT for a review of the decision.\nIn this section—\nrelevant entity see section 193 (9) .\ns 241 amd 2009 No. 24 s 1015\n(sec.241-ssec.1) A person who has applied for the review of an original decision under part 1 and is dissatisfied with the review decision may apply, as provided under the QCAT Act , to QCAT for a review of the review decision.\n(sec.241-ssec.2) An owner of a thing forfeited to a relevant entity under section 193 (1) , and not destroyed or disposed of under section 193 , who is dissatisfied with the decision resulting in the forfeiture (the forfeiture decision ) may apply, as provided under the QCAT Act , to QCAT for a review of the decision.\n(sec.241-ssec.3) A person who has applied for the payment of compensation under section 220 and is dissatisfied with the chief executive’s decision to refuse to pay compensation or about the amount of compensation (the compensation decision ) may apply, as provided under the QCAT Act , to QCAT for a review of the decision.\n(sec.241-ssec.4) In this section— relevant entity see section 193 (9) .","sortOrder":312},{"sectionNumber":"sec.242","sectionType":"section","heading":null,"content":"### Section sec.242\n\ns 242 om 2009 No. 24 s  1016","sortOrder":313},{"sectionNumber":"sec.243","sectionType":"section","heading":null,"content":"### Section sec.243\n\ns 243 om 2009 No. 24 s 1016","sortOrder":314},{"sectionNumber":"sec.244","sectionType":"section","heading":null,"content":"### Section sec.244\n\ns 244 om 2009 No. 24 s 1016","sortOrder":315},{"sectionNumber":"sec.245","sectionType":"section","heading":null,"content":"### Section sec.245\n\ns 245 om 2009 No. 24 s 1016","sortOrder":316},{"sectionNumber":"sec.246","sectionType":"section","heading":null,"content":"### Section sec.246\n\ns 246 om 2009 No. 24 s 1016","sortOrder":317},{"sectionNumber":"ch.10-pt.1","sectionType":"part","heading":"Application","content":"# Application","sortOrder":318},{"sectionNumber":"sec.247","sectionType":"section","heading":"Application of ch 10","content":"### sec.247 Application of ch 10\n\nThis chapter applies to a proceeding under this Act.","sortOrder":319},{"sectionNumber":"ch.10-pt.2","sectionType":"part","heading":"Evidence","content":"# Evidence","sortOrder":320},{"sectionNumber":"sec.248","sectionType":"section","heading":"Appointments and authority","content":"### sec.248 Appointments and authority\n\nThe following must be presumed unless a party to the proceeding, by reasonable notice, requires proof of it—\nthe appointment of—\nthe chief executive; or\na chief executive officer; or\nan authorised person; or\na State analyst;\nthe approval, under section 133 (1) , of a person as an auditor;\nthe authority of a person mentioned in paragraph (a) or (b) , or a local government, to do anything under this Act.\n- (a) the appointment of— (i) the chief executive; or (ii) a chief executive officer; or (iii) an authorised person; or (iv) a State analyst;\n- (i) the chief executive; or\n- (ii) a chief executive officer; or\n- (iii) an authorised person; or\n- (iv) a State analyst;\n- (b) the approval, under section 133 (1) , of a person as an auditor;\n- (c) the authority of a person mentioned in paragraph (a) or (b) , or a local government, to do anything under this Act.\n- (i) the chief executive; or\n- (ii) a chief executive officer; or\n- (iii) an authorised person; or\n- (iv) a State analyst;","sortOrder":321},{"sectionNumber":"sec.249","sectionType":"section","heading":"Signatures","content":"### sec.249 Signatures\n\nA signature purporting to be the signature of the chief executive, a chief executive officer, an authorised person, a State analyst or an auditor is evidence of the signature it purports to be.","sortOrder":322},{"sectionNumber":"sec.250","sectionType":"section","heading":"Evidentiary provisions","content":"### sec.250 Evidentiary provisions\n\nA certificate purporting to be signed by the chief executive or a chief executive officer and stating any of the following matters is evidence of the matter—\na stated document is one of the following things made, given, issued or kept under this Act—\nan appointment, approval or decision;\na notice or requirement;\na licence;\nan order;\na record, or an extract from a record;\na stated document is another document kept under this Act;\na stated document is a copy of a thing mentioned in paragraph (a) or (b) ;\non a stated day, or during a stated period, a stated person was or was not a licensee;\non a stated day, or during a stated period, a licence —\nwas or was not in force; or\nwas or was not subject to a stated condition;\non a stated day, a licence was suspended or cancelled;\non a stated day, or during a stated period, an approval as an auditor was, or was not, in force for a stated person;\non a stated day, or during a stated period, an appointment as an authorised person or a State analyst was, or was not, in force for a stated person;\non a stated day, or during a stated period, an approval as an approved laboratory was, or was not, in force for a stated entity;\non a stated day, a stated person was given a stated notice or order under this Act;\non a stated day, a stated requirement was made of a stated person;\na stated amount is payable under this Act by a stated person and has not been paid.\nA certificate of analysis for a thing taken for analysis under this Act stating any of the following matters is evidence of the matters—\nthe qualifications of the person (the analyst ) who conducted the analysis;\nthe analyst received the thing from a stated person;\nthe thing was analysed at a stated place on a stated day or during a stated period;\nthe methodology used to analyse the thing;\nthe results of the analysis.\nIn a complaint starting a proceeding, a statement that the matter of complaint came to the complainant’s knowledge on a stated day is evidence of when the matter came to the complainant’s knowledge.\nIn a proceeding in which the State or a local government applies under section 255 to recover costs incurred by the State or local government, a certificate by the chief executive for the State or the chief executive officer of the local government stating that the costs were incurred and the way in which, and the purpose for which, they were incurred is evidence of the matters stated.\n(sec.250-ssec.1) A certificate purporting to be signed by the chief executive or a chief executive officer and stating any of the following matters is evidence of the matter— a stated document is one of the following things made, given, issued or kept under this Act— an appointment, approval or decision; a notice or requirement; a licence; an order; a record, or an extract from a record; a stated document is another document kept under this Act; a stated document is a copy of a thing mentioned in paragraph (a) or (b) ; on a stated day, or during a stated period, a stated person was or was not a licensee; on a stated day, or during a stated period, a licence — was or was not in force; or was or was not subject to a stated condition; on a stated day, a licence was suspended or cancelled; on a stated day, or during a stated period, an approval as an auditor was, or was not, in force for a stated person; on a stated day, or during a stated period, an appointment as an authorised person or a State analyst was, or was not, in force for a stated person; on a stated day, or during a stated period, an approval as an approved laboratory was, or was not, in force for a stated entity; on a stated day, a stated person was given a stated notice or order under this Act; on a stated day, a stated requirement was made of a stated person; a stated amount is payable under this Act by a stated person and has not been paid.\n(sec.250-ssec.2) A certificate of analysis for a thing taken for analysis under this Act stating any of the following matters is evidence of the matters— the qualifications of the person (the analyst ) who conducted the analysis; the analyst received the thing from a stated person; the thing was analysed at a stated place on a stated day or during a stated period; the methodology used to analyse the thing; the results of the analysis.\n(sec.250-ssec.3) In a complaint starting a proceeding, a statement that the matter of complaint came to the complainant’s knowledge on a stated day is evidence of when the matter came to the complainant’s knowledge.\n(sec.250-ssec.4) In a proceeding in which the State or a local government applies under section 255 to recover costs incurred by the State or local government, a certificate by the chief executive for the State or the chief executive officer of the local government stating that the costs were incurred and the way in which, and the purpose for which, they were incurred is evidence of the matters stated.\n- (a) a stated document is one of the following things made, given, issued or kept under this Act— (i) an appointment, approval or decision; (ii) a notice or requirement; (iii) a licence; (iv) an order; (v) a record, or an extract from a record;\n- (i) an appointment, approval or decision;\n- (ii) a notice or requirement;\n- (iii) a licence;\n- (iv) an order;\n- (v) a record, or an extract from a record;\n- (b) a stated document is another document kept under this Act;\n- (c) a stated document is a copy of a thing mentioned in paragraph (a) or (b) ;\n- (d) on a stated day, or during a stated period, a stated person was or was not a licensee;\n- (e) on a stated day, or during a stated period, a licence — (i) was or was not in force; or (ii) was or was not subject to a stated condition;\n- (i) was or was not in force; or\n- (ii) was or was not subject to a stated condition;\n- (f) on a stated day, a licence was suspended or cancelled;\n- (g) on a stated day, or during a stated period, an approval as an auditor was, or was not, in force for a stated person;\n- (h) on a stated day, or during a stated period, an appointment as an authorised person or a State analyst was, or was not, in force for a stated person;\n- (i) on a stated day, or during a stated period, an approval as an approved laboratory was, or was not, in force for a stated entity;\n- (j) on a stated day, a stated person was given a stated notice or order under this Act;\n- (k) on a stated day, a stated requirement was made of a stated person;\n- (l) a stated amount is payable under this Act by a stated person and has not been paid.\n- (i) an appointment, approval or decision;\n- (ii) a notice or requirement;\n- (iii) a licence;\n- (iv) an order;\n- (v) a record, or an extract from a record;\n- (i) was or was not in force; or\n- (ii) was or was not subject to a stated condition;\n- (a) the qualifications of the person (the analyst ) who conducted the analysis;\n- (b) the analyst received the thing from a stated person;\n- (c) the thing was analysed at a stated place on a stated day or during a stated period;\n- (d) the methodology used to analyse the thing;\n- (e) the results of the analysis.","sortOrder":323},{"sectionNumber":"ch.10-pt.3","sectionType":"part","heading":"Proceedings","content":"# Proceedings","sortOrder":324},{"sectionNumber":"sec.251","sectionType":"section","heading":"Summary offences","content":"### sec.251 Summary offences\n\nA proceeding for an offence against this Act must be taken in a summary way under the Justices Act 1886 .\nThe proceeding must start within the later of the following periods to end—\n1 year after the commission of the offence;\n6 months after the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence.\n(sec.251-ssec.1) A proceeding for an offence against this Act must be taken in a summary way under the Justices Act 1886 .\n(sec.251-ssec.2) The proceeding must start within the later of the following periods to end— 1 year after the commission of the offence; 6 months after the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence.\n- (a) 1 year after the commission of the offence;\n- (b) 6 months after the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence.","sortOrder":325},{"sectionNumber":"sec.252","sectionType":"section","heading":"Alternative verdicts for particular offences","content":"### sec.252 Alternative verdicts for particular offences\n\nIf, on the trial of a person charged with an offence against section 32 , the trier of fact is not satisfied the person committed the offence but is satisfied the person committed an offence against section 35 (1) —\nthe trier of fact may find the person not guilty of the offence charged but guilty of an offence against section 35 (1) ; and\nthe person is liable to be punished for that offence.\nIf, on the trial of a person charged with an offence against section 33 , the trier of fact is not satisfied the person committed the offence but is satisfied the person committed an offence against section 35 (2) —\nthe trier of fact may find the person not guilty of the offence charged but guilty of an offence against section 35 (2) ; and\nthe person is liable to be punished for that offence.\nIf, on the trial of a person charged with an offence against section 164E (3) , the trier of fact is not satisfied the person committed the offence but is satisfied the person committed an offence against section 164E (4) —\nthe trier of fact may find the person not guilty of the offence charged but guilty of an offence against section 164E (4) ; and\nthe person is liable to be punished for that offence.\ns 252 amd 2016 No. 8 s 6\n(sec.252-ssec.1) If, on the trial of a person charged with an offence against section 32 , the trier of fact is not satisfied the person committed the offence but is satisfied the person committed an offence against section 35 (1) — the trier of fact may find the person not guilty of the offence charged but guilty of an offence against section 35 (1) ; and the person is liable to be punished for that offence.\n(sec.252-ssec.2) If, on the trial of a person charged with an offence against section 33 , the trier of fact is not satisfied the person committed the offence but is satisfied the person committed an offence against section 35 (2) — the trier of fact may find the person not guilty of the offence charged but guilty of an offence against section 35 (2) ; and the person is liable to be punished for that offence.\n(sec.252-ssec.3) If, on the trial of a person charged with an offence against section 164E (3) , the trier of fact is not satisfied the person committed the offence but is satisfied the person committed an offence against section 164E (4) — the trier of fact may find the person not guilty of the offence charged but guilty of an offence against section 164E (4) ; and the person is liable to be punished for that offence.\n- (a) the trier of fact may find the person not guilty of the offence charged but guilty of an offence against section 35 (1) ; and\n- (b) the person is liable to be punished for that offence.\n- (a) the trier of fact may find the person not guilty of the offence charged but guilty of an offence against section 35 (2) ; and\n- (b) the person is liable to be punished for that offence.\n- (a) the trier of fact may find the person not guilty of the offence charged but guilty of an offence against section 164E (4) ; and\n- (b) the person is liable to be punished for that offence.","sortOrder":326},{"sectionNumber":"sec.253","sectionType":"section","heading":"Independent analysis","content":"### sec.253 Independent analysis\n\nThis section applies if, in a proceeding for an offence against this Act in relation to food, of which a sample has been taken or otherwise obtained under this Act—\nthere is disagreement between the evidence of the analyst for the prosecution and that of the analyst for the defence; and\nthe sample or a part of the sample is in a suitable condition to be analysed again.\nOn the application of a party to the proceeding, the court must order the authorised person who took the sample of food to give the sample or part of the sample to—\nan independent analyst for analysis; or\nthe analyst for the prosecution and the analyst for the defence for joint analysis.\nThe court may make an order mentioned in subsection (2) if it is satisfied it is just to make the order in the circumstances of the particular case even if a party to the proceeding has not applied for the order.\nThe order may state how the sample of food is to be given to an analyst mentioned in subsection (2) .\n(sec.253-ssec.1) This section applies if, in a proceeding for an offence against this Act in relation to food, of which a sample has been taken or otherwise obtained under this Act— there is disagreement between the evidence of the analyst for the prosecution and that of the analyst for the defence; and the sample or a part of the sample is in a suitable condition to be analysed again.\n(sec.253-ssec.2) On the application of a party to the proceeding, the court must order the authorised person who took the sample of food to give the sample or part of the sample to— an independent analyst for analysis; or the analyst for the prosecution and the analyst for the defence for joint analysis.\n(sec.253-ssec.3) The court may make an order mentioned in subsection (2) if it is satisfied it is just to make the order in the circumstances of the particular case even if a party to the proceeding has not applied for the order.\n(sec.253-ssec.4) The order may state how the sample of food is to be given to an analyst mentioned in subsection (2) .\n- (a) there is disagreement between the evidence of the analyst for the prosecution and that of the analyst for the defence; and\n- (b) the sample or a part of the sample is in a suitable condition to be analysed again.\n- (a) an independent analyst for analysis; or\n- (b) the analyst for the prosecution and the analyst for the defence for joint analysis.","sortOrder":327},{"sectionNumber":"sec.254","sectionType":"section","heading":"Allegations of false or misleading information or document","content":"### sec.254 Allegations of false or misleading information or document\n\nIn any proceeding for an offence against this Act defined as involving false or misleading information, or a false or misleading document, it is enough for a charge to state that the information or document was, without specifying which, ‘false or misleading’.","sortOrder":328},{"sectionNumber":"sec.255","sectionType":"section","heading":"Recovery of costs of investigation","content":"### sec.255 Recovery of costs of investigation\n\nThis section applies if—\na court convicts a person of an offence against this Act; and\nthe State or a local government applies to the court for an order against the person for the payment of the costs the State or local government has incurred in taking a thing or doing something else during the investigation of the offence; and\nthe court finds the State or local government has reasonably incurred the costs.\nThe court may order the person to pay the State or local government an amount equal to the costs if it is satisfied it would be just to make the order in the circumstances of the particular case.\nThis section does not limit the court’s powers under the Penalties and Sentences Act 1992 or another law.\n(sec.255-ssec.1) This section applies if— a court convicts a person of an offence against this Act; and the State or a local government applies to the court for an order against the person for the payment of the costs the State or local government has incurred in taking a thing or doing something else during the investigation of the offence; and the court finds the State or local government has reasonably incurred the costs.\n(sec.255-ssec.2) The court may order the person to pay the State or local government an amount equal to the costs if it is satisfied it would be just to make the order in the circumstances of the particular case.\n(sec.255-ssec.3) This section does not limit the court’s powers under the Penalties and Sentences Act 1992 or another law.\n- (a) a court convicts a person of an offence against this Act; and\n- (b) the State or a local government applies to the court for an order against the person for the payment of the costs the State or local government has incurred in taking a thing or doing something else during the investigation of the offence; and\n- (c) the court finds the State or local government has reasonably incurred the costs.","sortOrder":329},{"sectionNumber":"sec.256","sectionType":"section","heading":"Application for order for payment of costs under s 255","content":"### sec.256 Application for order for payment of costs under s 255\n\nAn application to a court under section 255 is, and any order made by the court on the application is a judgment, in the court’s civil jurisdiction.\nAny issue on the application is to be decided on the balance of probabilities.\n(sec.256-ssec.1) An application to a court under section 255 is, and any order made by the court on the application is a judgment, in the court’s civil jurisdiction.\n(sec.256-ssec.2) Any issue on the application is to be decided on the balance of probabilities.","sortOrder":330},{"sectionNumber":"sec.257","sectionType":"section","heading":"Forfeiture on conviction","content":"### sec.257 Forfeiture on conviction\n\nOn conviction of a person for an offence against this Act, a court may order the forfeiture to the State or a local government of—\nanything used to commit the offence; or\nanything else the subject of the offence.\nThe court may make the order—\nwhether or not the thing has been seized; and\nif the thing has been seized, whether or not the thing has been returned to its owner.\nThe court may make any order to enforce the forfeiture it considers appropriate.\nThis section does not limit the court’s powers under the Penalties and Sentences Act 1992 or another law.\n(sec.257-ssec.1) On conviction of a person for an offence against this Act, a court may order the forfeiture to the State or a local government of— anything used to commit the offence; or anything else the subject of the offence.\n(sec.257-ssec.2) The court may make the order— whether or not the thing has been seized; and if the thing has been seized, whether or not the thing has been returned to its owner.\n(sec.257-ssec.3) The court may make any order to enforce the forfeiture it considers appropriate.\n(sec.257-ssec.4) This section does not limit the court’s powers under the Penalties and Sentences Act 1992 or another law.\n- (a) anything used to commit the offence; or\n- (b) anything else the subject of the offence.\n- (a) whether or not the thing has been seized; and\n- (b) if the thing has been seized, whether or not the thing has been returned to its owner.","sortOrder":331},{"sectionNumber":"sec.258","sectionType":"section","heading":"Dealing with forfeited thing","content":"### sec.258 Dealing with forfeited thing\n\nOn the forfeiture of a thing to the State or a local government under section 257 , the thing becomes the State’s or local government’s property and may be dealt with by the chief executive or chief executive officer of the local government as the chief executive or chief executive officer considers appropriate.\nWithout limiting subsection (1) , the chief executive or chief executive officer may destroy or dispose of the thing.\nHowever, the chief executive or chief executive officer must not deal with the thing in a way that could prejudice the outcome of a review under this Act of which the chief executive or chief executive officer is aware.\ns 258 amd 2009 No. 24 s 1017\n(sec.258-ssec.1) On the forfeiture of a thing to the State or a local government under section 257 , the thing becomes the State’s or local government’s property and may be dealt with by the chief executive or chief executive officer of the local government as the chief executive or chief executive officer considers appropriate.\n(sec.258-ssec.2) Without limiting subsection (1) , the chief executive or chief executive officer may destroy or dispose of the thing.\n(sec.258-ssec.3) However, the chief executive or chief executive officer must not deal with the thing in a way that could prejudice the outcome of a review under this Act of which the chief executive or chief executive officer is aware.","sortOrder":332},{"sectionNumber":"sec.259","sectionType":"section","heading":"Responsibility for acts or omissions of representative","content":"### sec.259 Responsibility for acts or omissions of representative\n\nThis section applies in a proceeding for an offence against this Act.\nIf it is relevant to prove a person’s state of mind about a particular act or omission, it is enough to show—\nthe act was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and\nthe representative had the state of mind.\nAn act done or omitted to be done for a person by a representative of the person within the scope of the representative’s actual or apparent authority is taken to have been done or omitted to be done also by the person, unless the person proves the person could not, by the exercise of reasonable diligence, have prevented the act or omission.\nIn this section—\nrepresentative means—\nfor a corporation—an executive officer, employee or agent of the corporation; or\nfor an individual—an employee or agent of the individual.\nstate of mind of a person includes—\nthe person’s knowledge, intention, opinion, belief or purpose; and\nthe person’s reasons for the intention, opinion, belief or purpose.\n(sec.259-ssec.1) This section applies in a proceeding for an offence against this Act.\n(sec.259-ssec.2) If it is relevant to prove a person’s state of mind about a particular act or omission, it is enough to show— the act was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and the representative had the state of mind.\n(sec.259-ssec.3) An act done or omitted to be done for a person by a representative of the person within the scope of the representative’s actual or apparent authority is taken to have been done or omitted to be done also by the person, unless the person proves the person could not, by the exercise of reasonable diligence, have prevented the act or omission.\n(sec.259-ssec.4) In this section— representative means— for a corporation—an executive officer, employee or agent of the corporation; or for an individual—an employee or agent of the individual. state of mind of a person includes— the person’s knowledge, intention, opinion, belief or purpose; and the person’s reasons for the intention, opinion, belief or purpose.\n- (a) the act was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and\n- (b) the representative had the state of mind.\n- (a) for a corporation—an executive officer, employee or agent of the corporation; or\n- (b) for an individual—an employee or agent of the individual.\n- (a) the person’s knowledge, intention, opinion, belief or purpose; and\n- (b) the person’s reasons for the intention, opinion, belief or purpose.","sortOrder":333},{"sectionNumber":"sec.260","sectionType":"section","heading":"Liability of executive officer—offence committed by corporation against executive liability provision","content":"### sec.260 Liability of executive officer—offence committed by corporation against executive liability provision\n\nAn executive officer of a corporation commits an offence if—\nthe corporation commits an offence against an executive liability provision; and\nthe officer did not take all reasonable steps to ensure the corporation did not engage in the conduct constituting the offence.\nMaximum penalty—the penalty for a contravention of the executive liability provision by an individual.\nIn deciding whether things done or omitted to be done by the executive officer constitute reasonable steps for subsection (1) (b) , a court must have regard to—\nwhether the officer knew, or ought reasonably to have known, of the corporation’s conduct constituting the offence against the executive liability provision; and\nwhether the officer was in a position to influence the corporation’s conduct in relation to the offence against the executive liability provision; and\nany other relevant matter.\nThe executive officer may be proceeded against for, and convicted of, an offence against subsection (1) whether or not the corporation has been proceeded against for, or convicted of, the offence against the executive liability provision.\nThis section does not affect—\nthe liability of the corporation for the offence against the executive liability provision; or\nthe liability, under the Criminal Code , chapter 2 , of any person, whether or not the person is an executive officer of the corporation, for the offence against the executive liability provision.\nIn this section—\nexecutive liability provision means any of the following provisions—\nsection 32\nsection 33\nsection 34 (1)\nsection 34 (2)\nsection 35 (1)\nsection 35 (2)\nsection 36 (1)\nsection 36 (2)\nsection 37 (1)\nsection 37 (2)\nsection 37 (3)\nsection 38 (1)\nsection 38 (2)\nsection 39 (1)\nsection 39 (2)\nsection 39 (3)\nsection 39 (4)\nsection 49\nsection 99 (1)\nsection 123\nsection 271B (2)\nsection 271C (2)\nsection 271D (6) .\ns 260 sub 2013 No. 51 s 52\n(sec.260-ssec.1) An executive officer of a corporation commits an offence if— the corporation commits an offence against an executive liability provision; and the officer did not take all reasonable steps to ensure the corporation did not engage in the conduct constituting the offence. Maximum penalty—the penalty for a contravention of the executive liability provision by an individual.\n(sec.260-ssec.2) In deciding whether things done or omitted to be done by the executive officer constitute reasonable steps for subsection (1) (b) , a court must have regard to— whether the officer knew, or ought reasonably to have known, of the corporation’s conduct constituting the offence against the executive liability provision; and whether the officer was in a position to influence the corporation’s conduct in relation to the offence against the executive liability provision; and any other relevant matter.\n(sec.260-ssec.3) The executive officer may be proceeded against for, and convicted of, an offence against subsection (1) whether or not the corporation has been proceeded against for, or convicted of, the offence against the executive liability provision.\n(sec.260-ssec.4) This section does not affect— the liability of the corporation for the offence against the executive liability provision; or the liability, under the Criminal Code , chapter 2 , of any person, whether or not the person is an executive officer of the corporation, for the offence against the executive liability provision.\n(sec.260-ssec.5) In this section— executive liability provision means any of the following provisions— section 32 section 33 section 34 (1) section 34 (2) section 35 (1) section 35 (2) section 36 (1) section 36 (2) section 37 (1) section 37 (2) section 37 (3) section 38 (1) section 38 (2) section 39 (1) section 39 (2) section 39 (3) section 39 (4) section 49 section 99 (1) section 123 section 271B (2) section 271C (2) section 271D (6) .\n- (a) the corporation commits an offence against an executive liability provision; and\n- (b) the officer did not take all reasonable steps to ensure the corporation did not engage in the conduct constituting the offence.\n- (a) whether the officer knew, or ought reasonably to have known, of the corporation’s conduct constituting the offence against the executive liability provision; and\n- (b) whether the officer was in a position to influence the corporation’s conduct in relation to the offence against the executive liability provision; and\n- (c) any other relevant matter.\n- (a) the liability of the corporation for the offence against the executive liability provision; or\n- (b) the liability, under the Criminal Code , chapter 2 , of any person, whether or not the person is an executive officer of the corporation, for the offence against the executive liability provision.\n- • section 32\n- • section 33\n- • section 34 (1)\n- • section 34 (2)\n- • section 35 (1)\n- • section 35 (2)\n- • section 36 (1)\n- • section 36 (2)\n- • section 37 (1)\n- • section 37 (2)\n- • section 37 (3)\n- • section 38 (1)\n- • section 38 (2)\n- • section 39 (1)\n- • section 39 (2)\n- • section 39 (3)\n- • section 39 (4)\n- • section 49\n- • section 99 (1)\n- • section 123\n- • section 271B (2)\n- • section 271C (2)\n- • section 271D (6) .","sortOrder":334},{"sectionNumber":"sec.260A","sectionType":"section","heading":"Executive officer may be taken to have committed offence","content":"### sec.260A Executive officer may be taken to have committed offence\n\nIf a corporation commits an offence against a deemed executive liability provision, each executive officer of the corporation is taken to have also committed the offence if—\nthe officer authorised or permitted the corporation’s conduct constituting the offence; or\nthe officer was, directly or indirectly, knowingly concerned in the corporation’s conduct.\nThe executive officer may be proceeded against for, and convicted of, the offence against the deemed executive liability provision whether or not the corporation has been proceeded against for, or convicted of, the offence.\nThis section does not affect either of the following—\nthe liability of the corporation for the offence against the deemed executive liability provision;\nthe liability, under the Criminal Code , chapter 2 , of any person, whether or not the person is an executive officer of the corporation, for the offence against the deemed executive liability provision.\nIn this section—\ndeemed executive liability provision means any of the following provisions—\nsection 50 (1)\nsection 51 (1)\nsection 86 (1)\nsection 86 (2)\nsection 114 (5)\nsection 124\nsection 125\nsection 126\nsection 157 (1)\nsection 158 (2)\nsection 207\nsection 209 (7)\nsection 214 (1)\nsection 221\nsection 270 (2)\nsection 271 (6) .\ns 260A ins 2013 No. 51 s 52\n(sec.260A-ssec.1) If a corporation commits an offence against a deemed executive liability provision, each executive officer of the corporation is taken to have also committed the offence if— the officer authorised or permitted the corporation’s conduct constituting the offence; or the officer was, directly or indirectly, knowingly concerned in the corporation’s conduct.\n(sec.260A-ssec.2) The executive officer may be proceeded against for, and convicted of, the offence against the deemed executive liability provision whether or not the corporation has been proceeded against for, or convicted of, the offence.\n(sec.260A-ssec.3) This section does not affect either of the following— the liability of the corporation for the offence against the deemed executive liability provision; the liability, under the Criminal Code , chapter 2 , of any person, whether or not the person is an executive officer of the corporation, for the offence against the deemed executive liability provision.\n(sec.260A-ssec.4) In this section— deemed executive liability provision means any of the following provisions— section 50 (1) section 51 (1) section 86 (1) section 86 (2) section 114 (5) section 124 section 125 section 126 section 157 (1) section 158 (2) section 207 section 209 (7) section 214 (1) section 221 section 270 (2) section 271 (6) .\n- (a) the officer authorised or permitted the corporation’s conduct constituting the offence; or\n- (b) the officer was, directly or indirectly, knowingly concerned in the corporation’s conduct.\n- (a) the liability of the corporation for the offence against the deemed executive liability provision;\n- (b) the liability, under the Criminal Code , chapter 2 , of any person, whether or not the person is an executive officer of the corporation, for the offence against the deemed executive liability provision.\n- • section 50 (1)\n- • section 51 (1)\n- • section 86 (1)\n- • section 86 (2)\n- • section 114 (5)\n- • section 124\n- • section 125\n- • section 126\n- • section 157 (1)\n- • section 158 (2)\n- • section 207\n- • section 209 (7)\n- • section 214 (1)\n- • section 221\n- • section 270 (2)\n- • section 271 (6) .","sortOrder":335},{"sectionNumber":"sec.261","sectionType":"section","heading":"Fines payable to local government","content":"### sec.261 Fines payable to local government\n\nSubsection (2) applies if—\na proceeding for an offence about a matter is taken by a local government; and\na court imposes a fine for the offence.\nThe fine must be paid to the local government.\n(sec.261-ssec.1) Subsection (2) applies if— a proceeding for an offence about a matter is taken by a local government; and a court imposes a fine for the offence.\n(sec.261-ssec.2) The fine must be paid to the local government.\n- (a) a proceeding for an offence about a matter is taken by a local government; and\n- (b) a court imposes a fine for the offence.","sortOrder":336},{"sectionNumber":"ch.11-pt.1","sectionType":"part","heading":"Guidelines and registers of auditors and food businesses","content":"# Guidelines and registers of auditors and food businesses","sortOrder":337},{"sectionNumber":"ch.11-pt.1-div.1","sectionType":"division","heading":"Guidelines","content":"## Guidelines","sortOrder":338},{"sectionNumber":"sec.262","sectionType":"section","heading":"Chief executive may make guidelines","content":"### sec.262 Chief executive may make guidelines\n\nThe chief executive may make guidelines to provide guidance to local governments, persons who carry on a food business and members of the public about matters relating to the administration of this Act.\nWithout limiting subsection (1) , a guideline may be about the following matters—\nfood safety in non-profit or other food businesses;\nthe assessment of applications for a licence;\nmonitoring and enforcement of the Act ;\nthe expertise and experience required for a person to be an authorised person;\nthe appointment of authorised persons;\nthe skills and knowledge required for a person to be a food safety supervisor;\nthe exchange of information and reports between local governments and the chief executive about the administration of this Act;\nthe conduct and frequency of audits;\nfees charged by local governments under this Act.\nThe chief executive may—\nmake a guideline by adopting another entity’s guideline with or without changes; and\namend a guideline when the chief executive considers it appropriate.\nBefore making or amending a guideline, the chief executive must take reasonable steps to allow entities the chief executive considers may have an interest in the proposed guideline or amendment to give the chief executive written submissions about it.\nThe chief executive might publish a notice in a newspaper seeking submissions about a proposed guideline.\n(sec.262-ssec.1) The chief executive may make guidelines to provide guidance to local governments, persons who carry on a food business and members of the public about matters relating to the administration of this Act.\n(sec.262-ssec.2) Without limiting subsection (1) , a guideline may be about the following matters— food safety in non-profit or other food businesses; the assessment of applications for a licence; monitoring and enforcement of the Act ; the expertise and experience required for a person to be an authorised person; the appointment of authorised persons; the skills and knowledge required for a person to be a food safety supervisor; the exchange of information and reports between local governments and the chief executive about the administration of this Act; the conduct and frequency of audits; fees charged by local governments under this Act.\n(sec.262-ssec.3) The chief executive may— make a guideline by adopting another entity’s guideline with or without changes; and amend a guideline when the chief executive considers it appropriate.\n(sec.262-ssec.4) Before making or amending a guideline, the chief executive must take reasonable steps to allow entities the chief executive considers may have an interest in the proposed guideline or amendment to give the chief executive written submissions about it. The chief executive might publish a notice in a newspaper seeking submissions about a proposed guideline.\n- (a) food safety in non-profit or other food businesses;\n- (b) the assessment of applications for a licence;\n- (c) monitoring and enforcement of the Act ;\n- (d) the expertise and experience required for a person to be an authorised person;\n- (e) the appointment of authorised persons;\n- (f) the skills and knowledge required for a person to be a food safety supervisor;\n- (g) the exchange of information and reports between local governments and the chief executive about the administration of this Act;\n- (h) the conduct and frequency of audits;\n- (i) fees charged by local governments under this Act.\n- (a) make a guideline by adopting another entity’s guideline with or without changes; and\n- (b) amend a guideline when the chief executive considers it appropriate.","sortOrder":339},{"sectionNumber":"sec.263","sectionType":"section","heading":"Availability of guideline","content":"### sec.263 Availability of guideline\n\nThe chief executive must keep a copy of each guideline, as in force from time to time, available for inspection, free of charge, by local governments and members of the public at—\nthe department’s head office; and\nother places the chief executive considers appropriate.\nAlso, the chief executive must publish each guideline, as in force from time to time, on the department’s website on the internet.\n(sec.263-ssec.1) The chief executive must keep a copy of each guideline, as in force from time to time, available for inspection, free of charge, by local governments and members of the public at— the department’s head office; and other places the chief executive considers appropriate.\n(sec.263-ssec.2) Also, the chief executive must publish each guideline, as in force from time to time, on the department’s website on the internet.\n- (a) the department’s head office; and\n- (b) other places the chief executive considers appropriate.","sortOrder":340},{"sectionNumber":"ch.11-pt.1-div.2","sectionType":"division","heading":"Registers","content":"## Registers","sortOrder":341},{"sectionNumber":"sec.264","sectionType":"section","heading":"Chief executive to keep registers","content":"### sec.264 Chief executive to keep registers\n\nThe chief executive must keep—\na register of auditors; and\na register of food businesses carried on from mobile premises under a licence.\nThe registers may be kept in the way the chief executive considers appropriate, including, for example, in electronic form.\n(sec.264-ssec.1) The chief executive must keep— a register of auditors; and a register of food businesses carried on from mobile premises under a licence.\n(sec.264-ssec.2) The registers may be kept in the way the chief executive considers appropriate, including, for example, in electronic form.\n- (a) a register of auditors; and\n- (b) a register of food businesses carried on from mobile premises under a licence.","sortOrder":342},{"sectionNumber":"sec.265","sectionType":"section","heading":"Content of registers","content":"### sec.265 Content of registers\n\nThe register of auditors must contain the following particulars for each auditor—\nthe auditor’s name and contact details;\nthe conditions of the auditor’s approval imposed under section 136 (1) (b) ;\nthe term of the approval.\nThe register of food businesses must contain the following particulars for each food business carried on from mobile premises under a licence—\nthe name of the local government that issued the licence;\nthe licensee’s name and contact details;\nthe licence number;\nthe expiry date of the licence;\na description of the premises that includes—\nif the premises are a vehicle that is required to be registered—the registration number of the vehicle; or\nif the premises are a food vending machine—the serial number or other unique identifying number or mark of the food vending machine;\na description of the food business.\nThe registers also may contain other information the chief executive considers appropriate.\ns 265 amd 2011 No. 41 s 12\n(sec.265-ssec.1) The register of auditors must contain the following particulars for each auditor— the auditor’s name and contact details; the conditions of the auditor’s approval imposed under section 136 (1) (b) ; the term of the approval.\n(sec.265-ssec.2) The register of food businesses must contain the following particulars for each food business carried on from mobile premises under a licence— the name of the local government that issued the licence; the licensee’s name and contact details; the licence number; the expiry date of the licence; a description of the premises that includes— if the premises are a vehicle that is required to be registered—the registration number of the vehicle; or if the premises are a food vending machine—the serial number or other unique identifying number or mark of the food vending machine; a description of the food business.\n(sec.265-ssec.3) The registers also may contain other information the chief executive considers appropriate.\n- (a) the auditor’s name and contact details;\n- (b) the conditions of the auditor’s approval imposed under section 136 (1) (b) ;\n- (c) the term of the approval.\n- (a) the name of the local government that issued the licence;\n- (b) the licensee’s name and contact details;\n- (c) the licence number;\n- (d) the expiry date of the licence;\n- (e) a description of the premises that includes— (i) if the premises are a vehicle that is required to be registered—the registration number of the vehicle; or (ii) if the premises are a food vending machine—the serial number or other unique identifying number or mark of the food vending machine;\n- (i) if the premises are a vehicle that is required to be registered—the registration number of the vehicle; or\n- (ii) if the premises are a food vending machine—the serial number or other unique identifying number or mark of the food vending machine;\n- (f) a description of the food business.\n- (i) if the premises are a vehicle that is required to be registered—the registration number of the vehicle; or\n- (ii) if the premises are a food vending machine—the serial number or other unique identifying number or mark of the food vending machine;","sortOrder":343},{"sectionNumber":"sec.266","sectionType":"section","heading":"Availability of registers","content":"### sec.266 Availability of registers\n\nThe chief executive must keep the register of auditors and the register of food businesses reasonably available for inspection, free of charge, by local governments and members of the public.","sortOrder":344},{"sectionNumber":"ch.11-pt.2","sectionType":"part","heading":"Offences about false or misleading statements or documents","content":"# Offences about false or misleading statements or documents","sortOrder":345},{"sectionNumber":"sec.267","sectionType":"section","heading":"False or misleading statements","content":"### sec.267 False or misleading statements\n\nA person must not, for an application made under chapter 3 , 4 or 5 , state anything the person knows is false or misleading in a material particular.\nMaximum penalty—100 penalty units.\nA person must not state anything to an auditor the person knows is false or misleading in a material particular.\nMaximum penalty—100 penalty units.\nA person must not state anything to an authorised person the person knows is false or misleading in a material particular.\nMaximum penalty—100 penalty units.\n(sec.267-ssec.1) A person must not, for an application made under chapter 3 , 4 or 5 , state anything the person knows is false or misleading in a material particular. Maximum penalty—100 penalty units.\n(sec.267-ssec.2) A person must not state anything to an auditor the person knows is false or misleading in a material particular. Maximum penalty—100 penalty units.\n(sec.267-ssec.3) A person must not state anything to an authorised person the person knows is false or misleading in a material particular. Maximum penalty—100 penalty units.","sortOrder":346},{"sectionNumber":"sec.268","sectionType":"section","heading":"False or misleading documents","content":"### sec.268 False or misleading documents\n\nA person must not, for an application made under chapter 3 , 4 or 5 , give to the chief executive or a local government a document containing information the person knows is false or misleading in a material particular.\nMaximum penalty—100 penalty units.\nA person must not give an auditor a document containing information the person knows is false or misleading in a material particular.\nMaximum penalty—100 penalty units.\nA person must not give an authorised person a document containing information the person knows is false or misleading in a material particular.\nMaximum penalty—100 penalty units.\nSubsections (1) to (3) do not apply to a person if the person, when giving the document—\ntells the chief executive or local government, auditor or authorised person, to the best of the person’s ability, how it is false or misleading; and\nif the person has, or can reasonably obtain, the correct information—gives the correct information to the chief executive, local government, auditor or authorised person.\n(sec.268-ssec.1) A person must not, for an application made under chapter 3 , 4 or 5 , give to the chief executive or a local government a document containing information the person knows is false or misleading in a material particular. Maximum penalty—100 penalty units.\n(sec.268-ssec.2) A person must not give an auditor a document containing information the person knows is false or misleading in a material particular. Maximum penalty—100 penalty units.\n(sec.268-ssec.3) A person must not give an authorised person a document containing information the person knows is false or misleading in a material particular. Maximum penalty—100 penalty units.\n(sec.268-ssec.4) Subsections (1) to (3) do not apply to a person if the person, when giving the document— tells the chief executive or local government, auditor or authorised person, to the best of the person’s ability, how it is false or misleading; and if the person has, or can reasonably obtain, the correct information—gives the correct information to the chief executive, local government, auditor or authorised person.\n- (a) tells the chief executive or local government, auditor or authorised person, to the best of the person’s ability, how it is false or misleading; and\n- (b) if the person has, or can reasonably obtain, the correct information—gives the correct information to the chief executive, local government, auditor or authorised person.","sortOrder":347},{"sectionNumber":"ch.11-pt.3","sectionType":"part","heading":"Prescribed contaminants in food","content":"# Prescribed contaminants in food","sortOrder":348},{"sectionNumber":"sec.269","sectionType":"section","heading":"Definition for pt 3","content":"### sec.269 Definition for pt 3\n\nIn this part—\nprescribed contaminant means any of the following prescribed under a regulation—\nan antibiotic;\na pathogen;\nanother thing that may contaminate food.\n- (a) an antibiotic;\n- (b) a pathogen;\n- (c) another thing that may contaminate food.","sortOrder":349},{"sectionNumber":"sec.270","sectionType":"section","heading":"Notice of isolation of prescribed contaminant","content":"### sec.270 Notice of isolation of prescribed contaminant\n\nThis section applies to—\na person who carries on a food business if the person—\ntests a prescribed food and isolates a prescribed contaminant in the food; or\nsends a prescribed food to a place outside the State for testing and is notified that a prescribed contaminant has been isolated in the food as a result of the testing; or\na person who tests a prescribed food for a person mentioned in paragraph (a) and isolates a prescribed contaminant in the food.\nThe person must, unless the person has a reasonable excuse, after isolating the prescribed contaminant or being notified that the contaminant has been isolated—\norally notify the chief executive about the isolation immediately; and\ngive the chief executive notice about the isolation in the approved form within 24 hours after isolating the contaminant or being notified that the contaminant has been isolated.\nMaximum penalty—100 penalty units.\nIf a corporation commits an offence against this provision, each executive officer of the corporation may be taken, under section 260A , to have also committed the offence.\nIt is not a reasonable excuse for the person not to comply with a requirement under subsection (2) that complying with the requirement might tend to incriminate the person.\nHowever, subject to subsection (5) , the following is not admissible in evidence against an individual in any civil or criminal proceeding—\ninformation given to the chief executive about the isolation of the prescribed contaminant ( primary evidence );\nany information, or document or other thing, obtained as a direct or indirect result of primary evidence ( derived evidence ).\nSubsection (4) does not prevent primary evidence or derived evidence being admitted in evidence—\nin criminal proceedings about the falsity or misleading nature of the primary evidence; or\nif a person to whom a direction is given under section 271 (2) fails, without a reasonable excuse, to comply with the direction—in a proceeding against the person for an offence, under this Act.\nIn this section—\nprescribed food means food prescribed under a regulation for this section.\ns 270 amd 2013 No. 51 s 229 sch 1\n(sec.270-ssec.1) This section applies to— a person who carries on a food business if the person— tests a prescribed food and isolates a prescribed contaminant in the food; or sends a prescribed food to a place outside the State for testing and is notified that a prescribed contaminant has been isolated in the food as a result of the testing; or a person who tests a prescribed food for a person mentioned in paragraph (a) and isolates a prescribed contaminant in the food.\n(sec.270-ssec.2) The person must, unless the person has a reasonable excuse, after isolating the prescribed contaminant or being notified that the contaminant has been isolated— orally notify the chief executive about the isolation immediately; and give the chief executive notice about the isolation in the approved form within 24 hours after isolating the contaminant or being notified that the contaminant has been isolated. Maximum penalty—100 penalty units. If a corporation commits an offence against this provision, each executive officer of the corporation may be taken, under section 260A , to have also committed the offence.\n(sec.270-ssec.3) It is not a reasonable excuse for the person not to comply with a requirement under subsection (2) that complying with the requirement might tend to incriminate the person.\n(sec.270-ssec.4) However, subject to subsection (5) , the following is not admissible in evidence against an individual in any civil or criminal proceeding— information given to the chief executive about the isolation of the prescribed contaminant ( primary evidence ); any information, or document or other thing, obtained as a direct or indirect result of primary evidence ( derived evidence ).\n(sec.270-ssec.5) Subsection (4) does not prevent primary evidence or derived evidence being admitted in evidence— in criminal proceedings about the falsity or misleading nature of the primary evidence; or if a person to whom a direction is given under section 271 (2) fails, without a reasonable excuse, to comply with the direction—in a proceeding against the person for an offence, under this Act.\n(sec.270-ssec.6) In this section— prescribed food means food prescribed under a regulation for this section.\n- (a) a person who carries on a food business if the person— (i) tests a prescribed food and isolates a prescribed contaminant in the food; or (ii) sends a prescribed food to a place outside the State for testing and is notified that a prescribed contaminant has been isolated in the food as a result of the testing; or\n- (i) tests a prescribed food and isolates a prescribed contaminant in the food; or\n- (ii) sends a prescribed food to a place outside the State for testing and is notified that a prescribed contaminant has been isolated in the food as a result of the testing; or\n- (b) a person who tests a prescribed food for a person mentioned in paragraph (a) and isolates a prescribed contaminant in the food.\n- (i) tests a prescribed food and isolates a prescribed contaminant in the food; or\n- (ii) sends a prescribed food to a place outside the State for testing and is notified that a prescribed contaminant has been isolated in the food as a result of the testing; or\n- (a) orally notify the chief executive about the isolation immediately; and\n- (b) give the chief executive notice about the isolation in the approved form within 24 hours after isolating the contaminant or being notified that the contaminant has been isolated.\n- (a) information given to the chief executive about the isolation of the prescribed contaminant ( primary evidence );\n- (b) any information, or document or other thing, obtained as a direct or indirect result of primary evidence ( derived evidence ).\n- (a) in criminal proceedings about the falsity or misleading nature of the primary evidence; or\n- (b) if a person to whom a direction is given under section 271 (2) fails, without a reasonable excuse, to comply with the direction—in a proceeding against the person for an offence, under this Act.","sortOrder":350},{"sectionNumber":"sec.271","sectionType":"section","heading":"Chief executive may give direction","content":"### sec.271 Chief executive may give direction\n\nThis section applies if, in relation to a food business, a person notifies the chief executive under section 270 (2) that a prescribed contaminant has been isolated in food (the contaminated food ).\nThe chief executive may give the person who carries on the food business a reasonable direction about identifying the source of, and preventing or minimising the risk to public health or safety caused by, the prescribed contaminant.\nThe direction may be given orally or by notice.\nIf the direction is given orally, the chief executive must as soon as practicable confirm the direction by notice.\nWithout limiting subsection (1) , a direction may be about—\nthe handling of—\nthe contaminated food; or\nfood that may have been handled with or near the contaminated food, or at a place or using equipment that may have come into contact with the contaminated food; or\nthe isolation or disposal of food mentioned in paragraph (a) ; or\nprocedures to be performed to complete identification of the prescribed contaminant.\nA person who is given a direction under subsection (2) must comply with the direction, unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.\nIf a corporation commits an offence against this provision, each executive officer of the corporation may be taken, under section 260A , to have also committed the offence.\ns 271 amd 2013 No. 51 s 229 sch 1\n(sec.271-ssec.1) This section applies if, in relation to a food business, a person notifies the chief executive under section 270 (2) that a prescribed contaminant has been isolated in food (the contaminated food ).\n(sec.271-ssec.2) The chief executive may give the person who carries on the food business a reasonable direction about identifying the source of, and preventing or minimising the risk to public health or safety caused by, the prescribed contaminant.\n(sec.271-ssec.3) The direction may be given orally or by notice.\n(sec.271-ssec.4) If the direction is given orally, the chief executive must as soon as practicable confirm the direction by notice.\n(sec.271-ssec.5) Without limiting subsection (1) , a direction may be about— the handling of— the contaminated food; or food that may have been handled with or near the contaminated food, or at a place or using equipment that may have come into contact with the contaminated food; or the isolation or disposal of food mentioned in paragraph (a) ; or procedures to be performed to complete identification of the prescribed contaminant.\n(sec.271-ssec.6) A person who is given a direction under subsection (2) must comply with the direction, unless the person has a reasonable excuse. Maximum penalty—100 penalty units. If a corporation commits an offence against this provision, each executive officer of the corporation may be taken, under section 260A , to have also committed the offence.\n- (a) the handling of— (i) the contaminated food; or (ii) food that may have been handled with or near the contaminated food, or at a place or using equipment that may have come into contact with the contaminated food; or\n- (i) the contaminated food; or\n- (ii) food that may have been handled with or near the contaminated food, or at a place or using equipment that may have come into contact with the contaminated food; or\n- (b) the isolation or disposal of food mentioned in paragraph (a) ; or\n- (c) procedures to be performed to complete identification of the prescribed contaminant.\n- (i) the contaminated food; or\n- (ii) food that may have been handled with or near the contaminated food, or at a place or using equipment that may have come into contact with the contaminated food; or","sortOrder":351},{"sectionNumber":"ch.11-pt.3A","sectionType":"part","heading":"Suspected intentional contamination of food","content":"# Suspected intentional contamination of food","sortOrder":352},{"sectionNumber":"sec.271A","sectionType":"section","heading":"Definitions for pt 3A","content":"### sec.271A Definitions for pt 3A\n\nIn this part—\nintentional contamination , of food, means contamination of the food by a person who intends to contaminate the food, including by adding, mixing or putting a deleterious or poisonous substance or thing into the food.\npotentially contaminated food see section 271C (1) (a) .\nresponsible person , for a food business, means—\nif the food business is carried on by a licensee—the licensee; or\notherwise—\nif the food business is carried on by an entity that is not a non-profit organisation—the proprietor of the food business; or\nif the food business is carried on by a non-profit organisation that is a corporation—the corporation; or\nif the food business is carried on by a non-profit organisation that is an unincorporated entity—the chairperson, manager or other governing officer of the entity.\ns 271A ins 2006 No. 33 s 3\n- (a) if the food business is carried on by a licensee—the licensee; or\n- (b) otherwise— (i) if the food business is carried on by an entity that is not a non-profit organisation—the proprietor of the food business; or (ii) if the food business is carried on by a non-profit organisation that is a corporation—the corporation; or (iii) if the food business is carried on by a non-profit organisation that is an unincorporated entity—the chairperson, manager or other governing officer of the entity.\n- (i) if the food business is carried on by an entity that is not a non-profit organisation—the proprietor of the food business; or\n- (ii) if the food business is carried on by a non-profit organisation that is a corporation—the corporation; or\n- (iii) if the food business is carried on by a non-profit organisation that is an unincorporated entity—the chairperson, manager or other governing officer of the entity.\n- (i) if the food business is carried on by an entity that is not a non-profit organisation—the proprietor of the food business; or\n- (ii) if the food business is carried on by a non-profit organisation that is a corporation—the corporation; or\n- (iii) if the food business is carried on by a non-profit organisation that is an unincorporated entity—the chairperson, manager or other governing officer of the entity.","sortOrder":353},{"sectionNumber":"sec.271B","sectionType":"section","heading":"Reporting suspected intentional contamination of food","content":"### sec.271B Reporting suspected intentional contamination of food\n\nThis section applies if the responsible person for a food business reasonably suspects food sold, or intended for sale, in the course of carrying on the food business has been intentionally contaminated.\nThe responsible person must, unless the person has a reasonable excuse, orally notify the chief executive of the suspected intentional contamination immediately after first forming the reasonable suspicion.\nMaximum penalty—200 penalty units.\nThis provision is an executive liability provision—see section 260 .\nIt is not a reasonable excuse for the person not to comply with subsection (2) that complying with the subsection might tend to incriminate the person.\nHowever, subject to subsection (5) , if the person is an individual, the following is not admissible in evidence against the person in any civil or criminal proceeding—\ninformation given to the chief executive by the person under subsection (2) about the suspected intentional contamination ( primary evidence );\nany information, or document or other thing, obtained as a direct or indirect result of primary evidence ( derived evidence ).\nSubsection (4) does not prevent primary evidence or derived evidence being admitted in evidence against the person—\nin criminal proceedings about the falsity or misleading nature of the primary evidence; or\nin a proceeding against the person for an offence against section 271C (2) or 271D (6) .\ns 271B ins 2006 No. 33 s 3\namd 2013 No. 51 s 229 sch 1\n(sec.271B-ssec.1) This section applies if the responsible person for a food business reasonably suspects food sold, or intended for sale, in the course of carrying on the food business has been intentionally contaminated.\n(sec.271B-ssec.2) The responsible person must, unless the person has a reasonable excuse, orally notify the chief executive of the suspected intentional contamination immediately after first forming the reasonable suspicion. Maximum penalty—200 penalty units. This provision is an executive liability provision—see section 260 .\n(sec.271B-ssec.3) It is not a reasonable excuse for the person not to comply with subsection (2) that complying with the subsection might tend to incriminate the person.\n(sec.271B-ssec.4) However, subject to subsection (5) , if the person is an individual, the following is not admissible in evidence against the person in any civil or criminal proceeding— information given to the chief executive by the person under subsection (2) about the suspected intentional contamination ( primary evidence ); any information, or document or other thing, obtained as a direct or indirect result of primary evidence ( derived evidence ).\n(sec.271B-ssec.5) Subsection (4) does not prevent primary evidence or derived evidence being admitted in evidence against the person— in criminal proceedings about the falsity or misleading nature of the primary evidence; or in a proceeding against the person for an offence against section 271C (2) or 271D (6) .\n- (a) information given to the chief executive by the person under subsection (2) about the suspected intentional contamination ( primary evidence );\n- (b) any information, or document or other thing, obtained as a direct or indirect result of primary evidence ( derived evidence ).\n- (a) in criminal proceedings about the falsity or misleading nature of the primary evidence; or\n- (b) in a proceeding against the person for an offence against section 271C (2) or 271D (6) .","sortOrder":354},{"sectionNumber":"sec.271C","sectionType":"section","heading":"Potentially contaminated food must not be disposed of","content":"### sec.271C Potentially contaminated food must not be disposed of\n\nThis section applies if—\nthe responsible person for a food business reasonably suspects food sold, or intended for sale, in the course of carrying on the food business has been intentionally contaminated (the potentially contaminated food ); and\nwhen the responsible person first forms the reasonable suspicion, not all of the potentially contaminated food has been sold or otherwise disposed of.\nThe responsible person must, unless the person has a reasonable excuse, ensure all of the potentially contaminated food not already sold or otherwise disposed of when the person first forms the reasonable suspicion is not disposed of.\nMaximum penalty—200 penalty units.\nThis provision is an executive liability provision—see section 260 .\nThe requirement under subsection (2) stops applying if the responsible person is given a direction under section 271D (2) about disposal of the potentially contaminated food.\ns 271C ins 2006 No. 33 s 3\namd 2013 No. 51 s 229 sch 1\n(sec.271C-ssec.1) This section applies if— the responsible person for a food business reasonably suspects food sold, or intended for sale, in the course of carrying on the food business has been intentionally contaminated (the potentially contaminated food ); and when the responsible person first forms the reasonable suspicion, not all of the potentially contaminated food has been sold or otherwise disposed of.\n(sec.271C-ssec.2) The responsible person must, unless the person has a reasonable excuse, ensure all of the potentially contaminated food not already sold or otherwise disposed of when the person first forms the reasonable suspicion is not disposed of. Maximum penalty—200 penalty units. This provision is an executive liability provision—see section 260 .\n(sec.271C-ssec.3) The requirement under subsection (2) stops applying if the responsible person is given a direction under section 271D (2) about disposal of the potentially contaminated food.\n- (a) the responsible person for a food business reasonably suspects food sold, or intended for sale, in the course of carrying on the food business has been intentionally contaminated (the potentially contaminated food ); and\n- (b) when the responsible person first forms the reasonable suspicion, not all of the potentially contaminated food has been sold or otherwise disposed of.","sortOrder":355},{"sectionNumber":"sec.271D","sectionType":"section","heading":"Chief executive may give direction","content":"### sec.271D Chief executive may give direction\n\nThis section applies if the responsible person for a food business gives the chief executive notice under section 271B .\nThe chief executive may give the responsible person a reasonable direction about identifying the source of the contamination of, and preventing or minimising the risk to public health or safety caused by, the potentially contaminated food.\nWithout limiting subsection (2) , the direction may be about—\nthe handling of—\nthe potentially contaminated food; or\nfood that may have been handled with or near the potentially contaminated food, or at a place or using equipment that may have come into contact with the potentially contaminated food; or\nfood to prevent a recurrence of contamination of food; or\nthe isolation or disposal of food mentioned in paragraph (a) (i) or (ii) ; or\nprocedures to be performed in relation to testing of the potentially contaminated food.\nThe direction may be given orally or by notice.\nIf the direction is given orally, the chief executive must as soon as practicable confirm the direction by notice.\nA responsible person who is given a direction under subsection (2) must comply with the direction, unless the person has a reasonable excuse.\nMaximum penalty—200 penalty units.\nThis provision is an executive liability provision—see section 260 .\ns 271D ins 2006 No. 33 s 3\namd 2011 No. 41 s 13 ; 2013 No. 51 s 229 sch 1\n(sec.271D-ssec.1) This section applies if the responsible person for a food business gives the chief executive notice under section 271B .\n(sec.271D-ssec.2) The chief executive may give the responsible person a reasonable direction about identifying the source of the contamination of, and preventing or minimising the risk to public health or safety caused by, the potentially contaminated food.\n(sec.271D-ssec.3) Without limiting subsection (2) , the direction may be about— the handling of— the potentially contaminated food; or food that may have been handled with or near the potentially contaminated food, or at a place or using equipment that may have come into contact with the potentially contaminated food; or food to prevent a recurrence of contamination of food; or the isolation or disposal of food mentioned in paragraph (a) (i) or (ii) ; or procedures to be performed in relation to testing of the potentially contaminated food.\n(sec.271D-ssec.4) The direction may be given orally or by notice.\n(sec.271D-ssec.5) If the direction is given orally, the chief executive must as soon as practicable confirm the direction by notice.\n(sec.271D-ssec.6) A responsible person who is given a direction under subsection (2) must comply with the direction, unless the person has a reasonable excuse. Maximum penalty—200 penalty units. This provision is an executive liability provision—see section 260 .\n- (a) the handling of— (i) the potentially contaminated food; or (ii) food that may have been handled with or near the potentially contaminated food, or at a place or using equipment that may have come into contact with the potentially contaminated food; or (iii) food to prevent a recurrence of contamination of food; or\n- (i) the potentially contaminated food; or\n- (ii) food that may have been handled with or near the potentially contaminated food, or at a place or using equipment that may have come into contact with the potentially contaminated food; or\n- (iii) food to prevent a recurrence of contamination of food; or\n- (b) the isolation or disposal of food mentioned in paragraph (a) (i) or (ii) ; or\n- (c) procedures to be performed in relation to testing of the potentially contaminated food.\n- (i) the potentially contaminated food; or\n- (ii) food that may have been handled with or near the potentially contaminated food, or at a place or using equipment that may have come into contact with the potentially contaminated food; or\n- (iii) food to prevent a recurrence of contamination of food; or","sortOrder":356},{"sectionNumber":"ch.11-pt.4","sectionType":"part","heading":"Other matters","content":"# Other matters","sortOrder":357},{"sectionNumber":"sec.272","sectionType":"section","heading":"Confidentiality of information","content":"### sec.272 Confidentiality of information\n\nThis section applies to a person who is, or was—\nthe chief executive; or\na chief executive officer; or\nan auditor; or\nan authorised person; or\nanother person involved in administering this Act or the repealed Act, including, for example, an officer or employee of the department or an employee of a local government.\nThe person must not disclose confidential information gained by the person in administering or performing a function under this Act or the repealed Act.\nMaximum penalty—50 penalty units.\nHowever, the person may disclose confidential information if—\nthe disclosure is for a purpose under this Act; or\nthe disclosure is for the purpose of ensuring public health or safety and the disclosure is to any of the following—\nthe State;\na department;\nan entity, established under an Act, that deals with matters relating to public health or safety;\na local government;\nthe Commonwealth or another State, or an entity of the Commonwealth or another State;\nan entity of New Zealand responsible for the administration of a corresponding law of New Zealand; or\nthe disclosure is with the consent of the person to whom the information relates; or\nthe disclosure is otherwise required or permitted by law.\ns 272 amd 2016 No. 8 s 7\n(sec.272-ssec.1) This section applies to a person who is, or was— the chief executive; or a chief executive officer; or an auditor; or an authorised person; or another person involved in administering this Act or the repealed Act, including, for example, an officer or employee of the department or an employee of a local government.\n(sec.272-ssec.2) The person must not disclose confidential information gained by the person in administering or performing a function under this Act or the repealed Act. Maximum penalty—50 penalty units.\n(sec.272-ssec.3) However, the person may disclose confidential information if— the disclosure is for a purpose under this Act; or the disclosure is for the purpose of ensuring public health or safety and the disclosure is to any of the following— the State; a department; an entity, established under an Act, that deals with matters relating to public health or safety; a local government; the Commonwealth or another State, or an entity of the Commonwealth or another State; an entity of New Zealand responsible for the administration of a corresponding law of New Zealand; or the disclosure is with the consent of the person to whom the information relates; or the disclosure is otherwise required or permitted by law.\n- (a) the chief executive; or\n- (b) a chief executive officer; or\n- (c) an auditor; or\n- (d) an authorised person; or\n- (e) another person involved in administering this Act or the repealed Act, including, for example, an officer or employee of the department or an employee of a local government.\n- (a) the disclosure is for a purpose under this Act; or\n- (b) the disclosure is for the purpose of ensuring public health or safety and the disclosure is to any of the following— (i) the State; (ii) a department; (iii) an entity, established under an Act, that deals with matters relating to public health or safety; (iv) a local government; (v) the Commonwealth or another State, or an entity of the Commonwealth or another State; (vi) an entity of New Zealand responsible for the administration of a corresponding law of New Zealand; or\n- (i) the State;\n- (ii) a department;\n- (iii) an entity, established under an Act, that deals with matters relating to public health or safety;\n- (iv) a local government;\n- (v) the Commonwealth or another State, or an entity of the Commonwealth or another State;\n- (vi) an entity of New Zealand responsible for the administration of a corresponding law of New Zealand; or\n- (c) the disclosure is with the consent of the person to whom the information relates; or\n- (d) the disclosure is otherwise required or permitted by law.\n- (i) the State;\n- (ii) a department;\n- (iii) an entity, established under an Act, that deals with matters relating to public health or safety;\n- (iv) a local government;\n- (v) the Commonwealth or another State, or an entity of the Commonwealth or another State;\n- (vi) an entity of New Zealand responsible for the administration of a corresponding law of New Zealand; or","sortOrder":358},{"sectionNumber":"sec.272A","sectionType":"section","heading":"Disclosure of information","content":"### sec.272A Disclosure of information\n\nThe chief executive may, in writing, authorise a relevant person to disclose information relating to a food business, including confidential information, gained by a person in administering or performing a function under this Act.\nThe chief executive may act under subsection (1) only if the chief executive has reasonable grounds to believe disclosing the information is necessary—\nto prevent or reduce the possibility of a serious danger to public health; or\nto mitigate the adverse consequences of a serious danger to public health.\nWithout limiting subsection (1) , the chief executive may authorise a relevant person to disclose—\ninformation identifying food sold in connection with the food business, including, for example, its brand or pack size; and\ndetails of action a consumer of the food may take; and\ninformation identifying the food business and its location; and\ndetails of the nature of the serious danger to public health.\nIn this section—\nrelevant person means the following—\nthe chief health officer;\nan appropriately qualified—\npublic service officer or employee of the department; or\nhealth service employee.\ns 272A ins 2016 No. 8 s 8\n(sec.272A-ssec.1) The chief executive may, in writing, authorise a relevant person to disclose information relating to a food business, including confidential information, gained by a person in administering or performing a function under this Act.\n(sec.272A-ssec.2) The chief executive may act under subsection (1) only if the chief executive has reasonable grounds to believe disclosing the information is necessary— to prevent or reduce the possibility of a serious danger to public health; or to mitigate the adverse consequences of a serious danger to public health.\n(sec.272A-ssec.3) Without limiting subsection (1) , the chief executive may authorise a relevant person to disclose— information identifying food sold in connection with the food business, including, for example, its brand or pack size; and details of action a consumer of the food may take; and information identifying the food business and its location; and details of the nature of the serious danger to public health.\n(sec.272A-ssec.4) In this section— relevant person means the following— the chief health officer; an appropriately qualified— public service officer or employee of the department; or health service employee.\n- (a) to prevent or reduce the possibility of a serious danger to public health; or\n- (b) to mitigate the adverse consequences of a serious danger to public health.\n- (a) information identifying food sold in connection with the food business, including, for example, its brand or pack size; and\n- (b) details of action a consumer of the food may take; and\n- (c) information identifying the food business and its location; and\n- (d) details of the nature of the serious danger to public health.\n- (a) the chief health officer;\n- (b) an appropriately qualified— (i) public service officer or employee of the department; or (ii) health service employee.\n- (i) public service officer or employee of the department; or\n- (ii) health service employee.\n- (i) public service officer or employee of the department; or\n- (ii) health service employee.","sortOrder":359},{"sectionNumber":"sec.273","sectionType":"section","heading":"Service of documents","content":"### sec.273 Service of documents\n\nIf a document is required or permitted under this Act to be given to a person, the document may be given to the person by facsimile transmission directed and sent to—\nthe last transmission number given to the giver of the document by the person as the facsimile transmission number for service of documents on the person; or\nthe facsimile transmission number operated—\nat the address of the person last known to the giver of the document; or\nif the person is a corporation, at the corporation’s registered office under the Corporations Act ; or\nif the person is an incorporated association, at the association’s nominated address under the Associations Incorporation Act 1981 .\nA document given under subsection (1) is taken to have been given on the day the document is transmitted.\ns 273 amd 2020 No. 17 s 68 sch 1\n(sec.273-ssec.1) If a document is required or permitted under this Act to be given to a person, the document may be given to the person by facsimile transmission directed and sent to— the last transmission number given to the giver of the document by the person as the facsimile transmission number for service of documents on the person; or the facsimile transmission number operated— at the address of the person last known to the giver of the document; or if the person is a corporation, at the corporation’s registered office under the Corporations Act ; or if the person is an incorporated association, at the association’s nominated address under the Associations Incorporation Act 1981 .\n(sec.273-ssec.2) A document given under subsection (1) is taken to have been given on the day the document is transmitted.\n- (a) the last transmission number given to the giver of the document by the person as the facsimile transmission number for service of documents on the person; or\n- (b) the facsimile transmission number operated— (i) at the address of the person last known to the giver of the document; or (ii) if the person is a corporation, at the corporation’s registered office under the Corporations Act ; or (iii) if the person is an incorporated association, at the association’s nominated address under the Associations Incorporation Act 1981 .\n- (i) at the address of the person last known to the giver of the document; or\n- (ii) if the person is a corporation, at the corporation’s registered office under the Corporations Act ; or\n- (iii) if the person is an incorporated association, at the association’s nominated address under the Associations Incorporation Act 1981 .\n- (i) at the address of the person last known to the giver of the document; or\n- (ii) if the person is a corporation, at the corporation’s registered office under the Corporations Act ; or\n- (iii) if the person is an incorporated association, at the association’s nominated address under the Associations Incorporation Act 1981 .","sortOrder":360},{"sectionNumber":"sec.274","sectionType":"section","heading":"Protecting officials from liability","content":"### sec.274 Protecting officials from liability\n\nAn official is not civilly liable for an act done, or omission made, honestly and without negligence under this Act.\nIf subsection (1) prevents a civil liability attaching to an official, the liability attaches instead to—\nif the official is the chief executive officer of a local government, an auditor who is an employee of a local government, an authorised person appointed by the chief executive officer of a local government or a person acting under the direction of that authorised person—the local government; or\nif paragraph (a) does not apply—the State.\nIn this section—\nofficial means—\nthe chief executive; or\na chief executive officer; or\nan authorised person; or\na State analyst; or\nan auditor who is—\nan officer or employee of the department; or\na health service employee; or\nan employee of a local government; or\na person acting under the direction of an authorised person.\n(sec.274-ssec.1) An official is not civilly liable for an act done, or omission made, honestly and without negligence under this Act.\n(sec.274-ssec.2) If subsection (1) prevents a civil liability attaching to an official, the liability attaches instead to— if the official is the chief executive officer of a local government, an auditor who is an employee of a local government, an authorised person appointed by the chief executive officer of a local government or a person acting under the direction of that authorised person—the local government; or if paragraph (a) does not apply—the State.\n(sec.274-ssec.3) In this section— official means— the chief executive; or a chief executive officer; or an authorised person; or a State analyst; or an auditor who is— an officer or employee of the department; or a health service employee; or an employee of a local government; or a person acting under the direction of an authorised person.\n- (a) if the official is the chief executive officer of a local government, an auditor who is an employee of a local government, an authorised person appointed by the chief executive officer of a local government or a person acting under the direction of that authorised person—the local government; or\n- (b) if paragraph (a) does not apply—the State.\n- (a) the chief executive; or\n- (b) a chief executive officer; or\n- (c) an authorised person; or\n- (d) a State analyst; or\n- (e) an auditor who is— (i) an officer or employee of the department; or (ii) a health service employee; or (iii) an employee of a local government; or\n- (i) an officer or employee of the department; or\n- (ii) a health service employee; or\n- (iii) an employee of a local government; or\n- (f) a person acting under the direction of an authorised person.\n- (i) an officer or employee of the department; or\n- (ii) a health service employee; or\n- (iii) an employee of a local government; or","sortOrder":361},{"sectionNumber":"sec.275","sectionType":"section","heading":"Particular premises taken to be within local government area","content":"### sec.275 Particular premises taken to be within local government area\n\nFor this Act, premises that are on the foreshore, or a river, harbour or other waters, and not within a local government area are taken to be within the area of the local government whose area is nearest to the premises.\nSubsection (1) does not apply to premises of the Australian Defence Force or another country.\n(sec.275-ssec.1) For this Act, premises that are on the foreshore, or a river, harbour or other waters, and not within a local government area are taken to be within the area of the local government whose area is nearest to the premises.\n(sec.275-ssec.2) Subsection (1) does not apply to premises of the Australian Defence Force or another country.","sortOrder":362},{"sectionNumber":"sec.276","sectionType":"section","heading":"Delegation by chief executive","content":"### sec.276 Delegation by chief executive\n\nThe chief executive may delegate the chief executive’s powers under this Act, other than a power under chapter 7 , part 4 or section 272A , to an appropriately qualified person who is—\na public service officer or employee of the department; or\na health service employee.\nThe chief executive may delegate the chief executive’s powers under section 272A to the chief health officer.\ns 276 amd 2016 No. 8 s 9\n(sec.276-ssec.1) The chief executive may delegate the chief executive’s powers under this Act, other than a power under chapter 7 , part 4 or section 272A , to an appropriately qualified person who is— a public service officer or employee of the department; or a health service employee.\n(sec.276-ssec.2) The chief executive may delegate the chief executive’s powers under section 272A to the chief health officer.\n- (a) a public service officer or employee of the department; or\n- (b) a health service employee.","sortOrder":363},{"sectionNumber":"sec.277","sectionType":"section","heading":"Approval of forms","content":"### sec.277 Approval of forms\n\nThe chief executive may approve forms for use under this Act.\nThe chief executive officer of a local government may approve forms for use by the local government under this Act.\n(sec.277-ssec.1) The chief executive may approve forms for use under this Act.\n(sec.277-ssec.2) The chief executive officer of a local government may approve forms for use by the local government under this Act.","sortOrder":364},{"sectionNumber":"sec.278","sectionType":"section","heading":"Regulation-making power","content":"### sec.278 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\nA regulation may—\nprescribe that the food standards code applies with the changes stated in the regulation; and\nbe about matters relating to audits of accredited food safety programs; and\nprescribe that a food safety program prepared and maintained under the Food Production (Safety) Act 2000 for a type of food business is taken to be an accredited food safety program under this Act for the same or a similar type of food business; and\nprescribe fees payable under this Act and the matters for which the fees are payable; and\nimpose a penalty of no more than 50 penalty units for contravention of a regulation.\nA regulation under subsection (2) (a) may state that, for the purpose of applying the food standards code for this Act, a provision or part of a provision of the code does not apply or applies with the changes stated in the regulation.\nAlso, a regulation under subsection (2) (a) —\nexpires 1 year after it is made; and\nis of no effect to the extent it conflicts with—\nsection 14 (2) (b) ; or\nthe changes to the food standards code stated in schedule 2 .\nIf a regulation under subsection (2) (a) prescribes a change in relation to the application of the food standards code for this Act, the Minister may not recommend to the Governor in Council the making of another regulation about the same matter.\n(sec.278-ssec.1) The Governor in Council may make regulations under this Act.\n(sec.278-ssec.2) A regulation may— prescribe that the food standards code applies with the changes stated in the regulation; and be about matters relating to audits of accredited food safety programs; and prescribe that a food safety program prepared and maintained under the Food Production (Safety) Act 2000 for a type of food business is taken to be an accredited food safety program under this Act for the same or a similar type of food business; and prescribe fees payable under this Act and the matters for which the fees are payable; and impose a penalty of no more than 50 penalty units for contravention of a regulation.\n(sec.278-ssec.3) A regulation under subsection (2) (a) may state that, for the purpose of applying the food standards code for this Act, a provision or part of a provision of the code does not apply or applies with the changes stated in the regulation.\n(sec.278-ssec.4) Also, a regulation under subsection (2) (a) — expires 1 year after it is made; and is of no effect to the extent it conflicts with— section 14 (2) (b) ; or the changes to the food standards code stated in schedule 2 .\n(sec.278-ssec.5) If a regulation under subsection (2) (a) prescribes a change in relation to the application of the food standards code for this Act, the Minister may not recommend to the Governor in Council the making of another regulation about the same matter.\n- (a) prescribe that the food standards code applies with the changes stated in the regulation; and\n- (b) be about matters relating to audits of accredited food safety programs; and\n- (c) prescribe that a food safety program prepared and maintained under the Food Production (Safety) Act 2000 for a type of food business is taken to be an accredited food safety program under this Act for the same or a similar type of food business; and\n- (d) prescribe fees payable under this Act and the matters for which the fees are payable; and\n- (e) impose a penalty of no more than 50 penalty units for contravention of a regulation.\n- (a) expires 1 year after it is made; and\n- (b) is of no effect to the extent it conflicts with— (i) section 14 (2) (b) ; or (ii) the changes to the food standards code stated in schedule 2 .\n- (i) section 14 (2) (b) ; or\n- (ii) the changes to the food standards code stated in schedule 2 .\n- (i) section 14 (2) (b) ; or\n- (ii) the changes to the food standards code stated in schedule 2 .","sortOrder":365},{"sectionNumber":"ch.12-pt.1","sectionType":"part","heading":"Repeal provision","content":"# Repeal provision","sortOrder":366},{"sectionNumber":"sec.279","sectionType":"section","heading":"Repeal of Food Act 1981","content":"### sec.279 Repeal of Food Act 1981\n\nThe Food Act 1981 No. 44 is repealed.","sortOrder":367},{"sectionNumber":"ch.12-pt.2","sectionType":"part","heading":"Transitional provisions for Act No. 3 of 2006","content":"# Transitional provisions for Act No. 3 of 2006","sortOrder":368},{"sectionNumber":"ch.12-pt.2-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":369},{"sectionNumber":"sec.280","sectionType":"section","heading":"Definitions for pt 2","content":"### sec.280 Definitions for pt 2\n\nIn this part—\ncommencement means the day on which the provision in which the term is used commences.\nformer regulation means the Food Hygiene Regulation 1989 .","sortOrder":370},{"sectionNumber":"ch.12-pt.2-div.2","sectionType":"division","heading":"Transitional references","content":"## Transitional references","sortOrder":371},{"sectionNumber":"sec.281","sectionType":"section","heading":"References to repealed Act","content":"### sec.281 References to repealed Act\n\nA reference in an Act or other document to the repealed Act may, if the context permits, be taken as a reference to this Act.","sortOrder":372},{"sectionNumber":"ch.12-pt.2-div.3","sectionType":"division","heading":"Other transitional provisions","content":"## Other transitional provisions","sortOrder":373},{"sectionNumber":"sec.282","sectionType":"section","heading":"Continuation of order under repealed Act, s 8","content":"### sec.282 Continuation of order under repealed Act, s 8\n\nThis section applies to an order made under section 8 of the repealed Act and directed to a local government if, immediately before the commencement, the local government has not complied with the order.\nThe local government must comply, or continue to comply, with the order as if the Act had not been repealed.\n(sec.282-ssec.1) This section applies to an order made under section 8 of the repealed Act and directed to a local government if, immediately before the commencement, the local government has not complied with the order.\n(sec.282-ssec.2) The local government must comply, or continue to comply, with the order as if the Act had not been repealed.","sortOrder":374},{"sectionNumber":"sec.283","sectionType":"section","heading":"Continuation of order under repealed Act, pt 3","content":"### sec.283 Continuation of order under repealed Act, pt 3\n\nSubsection (2) applies to an order made by the chief executive under part 3 of the repealed Act if—\nthe order took effect under section 19B(4) or (5) of the repealed Act before the commencement; and\non the commencement, has not ceased to have effect.\nThe order—\nis taken to be an order made by the chief executive under chapter 7, part 4 of this Act; and\ncontinues to have effect for the period it would have had effect under section 19B(6) of the repealed Act.\nSubsection (4) applies to an order made by the chief executive under part 3 of the repealed Act before the commencement if—\nthe order was required to be served on a person or persons under section 19B(1)(a) of the repealed Act; and\non the commencement, the order is not in effect because it has not been served as mentioned in paragraph (a).\nThe order—\nis taken to be an order made by the chief executive under chapter 7, part 4 of this Act; and\nmay be served under section 219(1)(a) on the person or persons intended to be bound by it.\nSubsections (6) and (7) apply to an order made by the chief executive under part 3 of the repealed Act before the commencement if—\nnotice of the order was required to be published under section 19B(2) of the repealed Act; and\non the commencement, the order is not in effect because notice of the order has not been published as mentioned in paragraph (a).\nThe order is taken to be an order made by the chief executive under chapter 7, part 4 of this Act.\nNotice of the order may be published under section 219(2).\n(sec.283-ssec.1) Subsection (2) applies to an order made by the chief executive under part 3 of the repealed Act if— the order took effect under section 19B(4) or (5) of the repealed Act before the commencement; and on the commencement, has not ceased to have effect.\n(sec.283-ssec.2) The order— is taken to be an order made by the chief executive under chapter 7, part 4 of this Act; and continues to have effect for the period it would have had effect under section 19B(6) of the repealed Act.\n(sec.283-ssec.3) Subsection (4) applies to an order made by the chief executive under part 3 of the repealed Act before the commencement if— the order was required to be served on a person or persons under section 19B(1)(a) of the repealed Act; and on the commencement, the order is not in effect because it has not been served as mentioned in paragraph (a).\n(sec.283-ssec.4) The order— is taken to be an order made by the chief executive under chapter 7, part 4 of this Act; and may be served under section 219(1)(a) on the person or persons intended to be bound by it.\n(sec.283-ssec.5) Subsections (6) and (7) apply to an order made by the chief executive under part 3 of the repealed Act before the commencement if— notice of the order was required to be published under section 19B(2) of the repealed Act; and on the commencement, the order is not in effect because notice of the order has not been published as mentioned in paragraph (a).\n(sec.283-ssec.6) The order is taken to be an order made by the chief executive under chapter 7, part 4 of this Act.\n(sec.283-ssec.7) Notice of the order may be published under section 219(2).\n- (a) the order took effect under section 19B(4) or (5) of the repealed Act before the commencement; and\n- (b) on the commencement, has not ceased to have effect.\n- (a) is taken to be an order made by the chief executive under chapter 7, part 4 of this Act; and\n- (b) continues to have effect for the period it would have had effect under section 19B(6) of the repealed Act.\n- (a) the order was required to be served on a person or persons under section 19B(1)(a) of the repealed Act; and\n- (b) on the commencement, the order is not in effect because it has not been served as mentioned in paragraph (a).\n- (a) is taken to be an order made by the chief executive under chapter 7, part 4 of this Act; and\n- (b) may be served under section 219(1)(a) on the person or persons intended to be bound by it.\n- (a) notice of the order was required to be published under section 19B(2) of the repealed Act; and\n- (b) on the commencement, the order is not in effect because notice of the order has not been published as mentioned in paragraph (a).","sortOrder":375},{"sectionNumber":"sec.284","sectionType":"section","heading":"Application for compensation under repealed Act","content":"### sec.284 Application for compensation under repealed Act\n\nSubsections (2) and (3) apply to an application for compensation made to the chief executive under section 19C of the repealed Act and not decided before the commencement.\nThe application is taken to be an application for compensation made under section 220.\nThe chief executive may deal with, or continue to deal with, and decide the application under this Act.\nSubsection (5) applies if—\nimmediately before the commencement, a person could have applied to the chief executive for compensation under section 19C of the repealed Act; and\nthe person has not applied before the commencement.\nThe person may apply for compensation under section 220 of this Act as if the order in relation to which the person could have applied for compensation under the repealed Act were an order under chapter 7, part 4 of this Act.\n(sec.284-ssec.1) Subsections (2) and (3) apply to an application for compensation made to the chief executive under section 19C of the repealed Act and not decided before the commencement.\n(sec.284-ssec.2) The application is taken to be an application for compensation made under section 220.\n(sec.284-ssec.3) The chief executive may deal with, or continue to deal with, and decide the application under this Act.\n(sec.284-ssec.4) Subsection (5) applies if— immediately before the commencement, a person could have applied to the chief executive for compensation under section 19C of the repealed Act; and the person has not applied before the commencement.\n(sec.284-ssec.5) The person may apply for compensation under section 220 of this Act as if the order in relation to which the person could have applied for compensation under the repealed Act were an order under chapter 7, part 4 of this Act.\n- (a) immediately before the commencement, a person could have applied to the chief executive for compensation under section 19C of the repealed Act; and\n- (b) the person has not applied before the commencement.","sortOrder":376},{"sectionNumber":"sec.285","sectionType":"section","heading":"Continuation of orders under repealed Act, s 21","content":"### sec.285 Continuation of orders under repealed Act, s 21\n\nThis section applies to an order made under section 21 of the repealed Act before the commencement if, at the commencement—\nthe order has not been complied with; or\nanything remains to be done under section 21 in relation to the order.\nThe repealed Act continues to apply to the order or thing, and any person affected by the order or thing, as if this Act had not commenced.\n(sec.285-ssec.1) This section applies to an order made under section 21 of the repealed Act before the commencement if, at the commencement— the order has not been complied with; or anything remains to be done under section 21 in relation to the order.\n(sec.285-ssec.2) The repealed Act continues to apply to the order or thing, and any person affected by the order or thing, as if this Act had not commenced.\n- (a) the order has not been complied with; or\n- (b) anything remains to be done under section 21 in relation to the order.","sortOrder":377},{"sectionNumber":"sec.286","sectionType":"section","heading":"Appeals","content":"### sec.286 Appeals\n\nSubsection (2) applies if—\na person has appealed to a Magistrates Court under the repealed Act before the commencement against a following decision—\na decision of the chief executive refusing an application for compensation, or deciding an amount of compensation less than the amount sought by the applicant, under section 19C of the repealed Act;\na decision of an authorised officer under section 21(6) of the repealed Act refusing to give the person a certificate under section 21(2) of the repealed Act; and\nthe appeal has not been decided before the commencement.\nThe Magistrates Court may hear, or continue to hear, and decide the appeal under the repealed Act as if this Act had not commenced.\nSubsection (4) applies if—\nimmediately before the commencement a person could have appealed to a Magistrates Court under the repealed Act against a decision mentioned in subsection (1)(a); and\nthe person has not appealed before the commencement.\nThe person may appeal, and the Magistrates Court may hear and decide the appeal, under the repealed Act as if this Act had not commenced.\nFor giving effect to its decision under subsection (2) or (4), the Magistrates Court may make the orders it considers necessary having regard to the provisions of this Act.\n(sec.286-ssec.1) Subsection (2) applies if— a person has appealed to a Magistrates Court under the repealed Act before the commencement against a following decision— a decision of the chief executive refusing an application for compensation, or deciding an amount of compensation less than the amount sought by the applicant, under section 19C of the repealed Act; a decision of an authorised officer under section 21(6) of the repealed Act refusing to give the person a certificate under section 21(2) of the repealed Act; and the appeal has not been decided before the commencement.\n(sec.286-ssec.2) The Magistrates Court may hear, or continue to hear, and decide the appeal under the repealed Act as if this Act had not commenced.\n(sec.286-ssec.3) Subsection (4) applies if— immediately before the commencement a person could have appealed to a Magistrates Court under the repealed Act against a decision mentioned in subsection (1)(a); and the person has not appealed before the commencement.\n(sec.286-ssec.4) The person may appeal, and the Magistrates Court may hear and decide the appeal, under the repealed Act as if this Act had not commenced.\n(sec.286-ssec.5) For giving effect to its decision under subsection (2) or (4), the Magistrates Court may make the orders it considers necessary having regard to the provisions of this Act.\n- (a) a person has appealed to a Magistrates Court under the repealed Act before the commencement against a following decision— (i) a decision of the chief executive refusing an application for compensation, or deciding an amount of compensation less than the amount sought by the applicant, under section 19C of the repealed Act; (ii) a decision of an authorised officer under section 21(6) of the repealed Act refusing to give the person a certificate under section 21(2) of the repealed Act; and\n- (i) a decision of the chief executive refusing an application for compensation, or deciding an amount of compensation less than the amount sought by the applicant, under section 19C of the repealed Act;\n- (ii) a decision of an authorised officer under section 21(6) of the repealed Act refusing to give the person a certificate under section 21(2) of the repealed Act; and\n- (b) the appeal has not been decided before the commencement.\n- (i) a decision of the chief executive refusing an application for compensation, or deciding an amount of compensation less than the amount sought by the applicant, under section 19C of the repealed Act;\n- (ii) a decision of an authorised officer under section 21(6) of the repealed Act refusing to give the person a certificate under section 21(2) of the repealed Act; and\n- (a) immediately before the commencement a person could have appealed to a Magistrates Court under the repealed Act against a decision mentioned in subsection (1)(a); and\n- (b) the person has not appealed before the commencement.","sortOrder":378},{"sectionNumber":"sec.287","sectionType":"section","heading":"Dealing with articles seized under repealed Act","content":"### sec.287 Dealing with articles seized under repealed Act\n\nSubsection (2) applies if—\na person has applied to a Magistrates Court under section 33(1) of the repealed Act for an order directing an authorised officer to release an article seized by the officer; and\nthe application has not been decided before the commencement.\nThe Magistrates Court may hear, or continue to hear, and decide the application under the repealed Act as if this Act had not commenced.\nSubsection (4) applies if—\nimmediately before the commencement a person could have applied to a Magistrates Court under section 33(1) of the repealed Act for an order mentioned in subsection (1)(a); and\nthe person has not applied before the commencement.\nThe person may apply, and the Magistrates Court may hear and decide the application, under the repealed Act as if this Act had not commenced.\nIn deciding the application, the Magistrates Court may make any decision the court could have made in relation to the application before the commencement.\nIn dealing with an article in relation to which an application under section 33(1) of the repealed Act was or could have been made before the commencement, section 33(7) to (9) of the repealed Act continues to apply to the article.\n(sec.287-ssec.1) Subsection (2) applies if— a person has applied to a Magistrates Court under section 33(1) of the repealed Act for an order directing an authorised officer to release an article seized by the officer; and the application has not been decided before the commencement.\n(sec.287-ssec.2) The Magistrates Court may hear, or continue to hear, and decide the application under the repealed Act as if this Act had not commenced.\n(sec.287-ssec.3) Subsection (4) applies if— immediately before the commencement a person could have applied to a Magistrates Court under section 33(1) of the repealed Act for an order mentioned in subsection (1)(a); and the person has not applied before the commencement.\n(sec.287-ssec.4) The person may apply, and the Magistrates Court may hear and decide the application, under the repealed Act as if this Act had not commenced.\n(sec.287-ssec.5) In deciding the application, the Magistrates Court may make any decision the court could have made in relation to the application before the commencement.\n(sec.287-ssec.6) In dealing with an article in relation to which an application under section 33(1) of the repealed Act was or could have been made before the commencement, section 33(7) to (9) of the repealed Act continues to apply to the article.\n- (a) a person has applied to a Magistrates Court under section 33(1) of the repealed Act for an order directing an authorised officer to release an article seized by the officer; and\n- (b) the application has not been decided before the commencement.\n- (a) immediately before the commencement a person could have applied to a Magistrates Court under section 33(1) of the repealed Act for an order mentioned in subsection (1)(a); and\n- (b) the person has not applied before the commencement.","sortOrder":379},{"sectionNumber":"sec.288","sectionType":"section","heading":"Direction about isolation of prescribed pathogen","content":"### sec.288 Direction about isolation of prescribed pathogen\n\nThis section applies if, before the commencement, the chief executive—\nwas notified under the Food Standards Regulation 1994 , section 15 (3) (a) or (b) , that a prescribed pathogen has been isolated in food; and\nhas not given a direction to a person under section 16 of the regulation about the isolation of the pathogen.\nThe chief executive may give the person who carries on the food business in relation to which the prescribed pathogen was isolated a direction under section 271 about the pathogen.\nFor giving a direction mentioned in subsection (2)—\nthe food in relation to which the prescribed pathogen was isolated is taken to be contaminated food; and\nthe prescribed pathogen is taken to be a prescribed contaminant; and\nthe chief executive is taken to have been notified under section 270(2) that a prescribed contaminant has been isolated in contaminated food.\n(sec.288-ssec.1) This section applies if, before the commencement, the chief executive— was notified under the Food Standards Regulation 1994 , section 15 (3) (a) or (b) , that a prescribed pathogen has been isolated in food; and has not given a direction to a person under section 16 of the regulation about the isolation of the pathogen.\n(sec.288-ssec.2) The chief executive may give the person who carries on the food business in relation to which the prescribed pathogen was isolated a direction under section 271 about the pathogen.\n(sec.288-ssec.3) For giving a direction mentioned in subsection (2)— the food in relation to which the prescribed pathogen was isolated is taken to be contaminated food; and the prescribed pathogen is taken to be a prescribed contaminant; and the chief executive is taken to have been notified under section 270(2) that a prescribed contaminant has been isolated in contaminated food.\n- (a) was notified under the Food Standards Regulation 1994 , section 15 (3) (a) or (b) , that a prescribed pathogen has been isolated in food; and\n- (b) has not given a direction to a person under section 16 of the regulation about the isolation of the pathogen.\n- (a) the food in relation to which the prescribed pathogen was isolated is taken to be contaminated food; and\n- (b) the prescribed pathogen is taken to be a prescribed contaminant; and\n- (c) the chief executive is taken to have been notified under section 270(2) that a prescribed contaminant has been isolated in contaminated food.","sortOrder":380},{"sectionNumber":"sec.289","sectionType":"section","heading":"Continuation of particular licences under former regulation","content":"### sec.289 Continuation of particular licences under former regulation\n\nThis section applies to a licence issued under section 7 of the former regulation if the licence—\nis for a business that is a licensable food business; and\nimmediately before the commencement, is in force or is suspended under the former regulation.\nThe licence is taken to be a licence to carry on the licensable food business under this Act.\nIf, immediately before the commencement, the licence is in force, it remains in force unless sooner cancelled or suspended for the period it would have been in force under the former regulation.\nIf, immediately before the commencement, the licence is suspended—\nthe period of the suspension under the former regulation continues; and\nthe licence remains in force after the suspension ends, unless sooner cancelled or again suspended, only for the period it would have remained in force under the regulation.\nFor this Act—\na condition endorsed on or attached to the licence under section 7(9)(c)(i) of the former regulation immediately before the commencement is taken to be a condition stated in the licence; and\nthe premises, other place or vehicle registered under section 9 of the former regulation immediately before the commencement and relating to the licence is taken to be—\nstated in the licence; and\npremises from which the licensee may carry on the licensable food business.\n(sec.289-ssec.1) This section applies to a licence issued under section 7 of the former regulation if the licence— is for a business that is a licensable food business; and immediately before the commencement, is in force or is suspended under the former regulation.\n(sec.289-ssec.2) The licence is taken to be a licence to carry on the licensable food business under this Act.\n(sec.289-ssec.3) If, immediately before the commencement, the licence is in force, it remains in force unless sooner cancelled or suspended for the period it would have been in force under the former regulation.\n(sec.289-ssec.4) If, immediately before the commencement, the licence is suspended— the period of the suspension under the former regulation continues; and the licence remains in force after the suspension ends, unless sooner cancelled or again suspended, only for the period it would have remained in force under the regulation.\n(sec.289-ssec.5) For this Act— a condition endorsed on or attached to the licence under section 7(9)(c)(i) of the former regulation immediately before the commencement is taken to be a condition stated in the licence; and the premises, other place or vehicle registered under section 9 of the former regulation immediately before the commencement and relating to the licence is taken to be— stated in the licence; and premises from which the licensee may carry on the licensable food business.\n- (a) is for a business that is a licensable food business; and\n- (b) immediately before the commencement, is in force or is suspended under the former regulation.\n- (a) the period of the suspension under the former regulation continues; and\n- (b) the licence remains in force after the suspension ends, unless sooner cancelled or again suspended, only for the period it would have remained in force under the regulation.\n- (a) a condition endorsed on or attached to the licence under section 7(9)(c)(i) of the former regulation immediately before the commencement is taken to be a condition stated in the licence; and\n- (b) the premises, other place or vehicle registered under section 9 of the former regulation immediately before the commencement and relating to the licence is taken to be— (i) stated in the licence; and (ii) premises from which the licensee may carry on the licensable food business.\n- (i) stated in the licence; and\n- (ii) premises from which the licensee may carry on the licensable food business.\n- (i) stated in the licence; and\n- (ii) premises from which the licensee may carry on the licensable food business.","sortOrder":381},{"sectionNumber":"sec.290","sectionType":"section","heading":"Lapsing of licences under former regulation","content":"### sec.290 Lapsing of licences under former regulation\n\nThis section applies to a licence issued under section 7 of the former regulation, other than a licence to which section 289 applies, if the licence is in force or suspended under the regulation immediately before the commencement.\nThe licence lapses on the commencement.\n(sec.290-ssec.1) This section applies to a licence issued under section 7 of the former regulation, other than a licence to which section 289 applies, if the licence is in force or suspended under the regulation immediately before the commencement.\n(sec.290-ssec.2) The licence lapses on the commencement.","sortOrder":382},{"sectionNumber":"sec.291","sectionType":"section","heading":"Application for particular licence under former regulation","content":"### sec.291 Application for particular licence under former regulation\n\nThis section applies to an application for a licence made to a local government under section 7 of the former regulation if—\nthe licence is for a business that is a licensable food business; and\nthe application has not been decided immediately before the commencement.\nDespite sections 52, 53 and 85, the application is taken to be an application for a licence to carry on the licensable food business under this Act.\nFor dealing with the application under this Act, the application is taken to have been received by the local government on the commencement.\n(sec.291-ssec.1) This section applies to an application for a licence made to a local government under section 7 of the former regulation if— the licence is for a business that is a licensable food business; and the application has not been decided immediately before the commencement.\n(sec.291-ssec.2) Despite sections 52, 53 and 85, the application is taken to be an application for a licence to carry on the licensable food business under this Act.\n(sec.291-ssec.3) For dealing with the application under this Act, the application is taken to have been received by the local government on the commencement.\n- (a) the licence is for a business that is a licensable food business; and\n- (b) the application has not been decided immediately before the commencement.","sortOrder":383},{"sectionNumber":"sec.292","sectionType":"section","heading":"Application for renewal of particular licence under former regulation","content":"### sec.292 Application for renewal of particular licence under former regulation\n\nThis section applies to an application for renewal of a licence made to a local government under section 7 of the former regulation if—\nthe licence is for a business that is a licensable food business; and\nthe application has not been decided immediately before the commencement.\nDespite section 85, the application is taken to be an application for renewal of a licence to carry on the licensable food business under this Act.\nFor dealing with the application under this Act, the application is taken to have been received by the local government on the commencement.\n(sec.292-ssec.1) This section applies to an application for renewal of a licence made to a local government under section 7 of the former regulation if— the licence is for a business that is a licensable food business; and the application has not been decided immediately before the commencement.\n(sec.292-ssec.2) Despite section 85, the application is taken to be an application for renewal of a licence to carry on the licensable food business under this Act.\n(sec.292-ssec.3) For dealing with the application under this Act, the application is taken to have been received by the local government on the commencement.\n- (a) the licence is for a business that is a licensable food business; and\n- (b) the application has not been decided immediately before the commencement.","sortOrder":384},{"sectionNumber":"sec.293","sectionType":"section","heading":"Lapsing of other applications relating to licences under former regulation","content":"### sec.293 Lapsing of other applications relating to licences under former regulation\n\nThis section applies to each of the following applications made to a local government under section 7 of the former regulation if the application has not been decided before the commencement—\nan application for a licence, other than an application to which section 291 applies;\nan application for renewal of a licence, other than an application to which section 292 applies.\nThe application lapses and the following fees paid by the applicant to the local government for the application must be refunded in full to the applicant by the local government—\nthe application fee;\nthe licence fee;\nthe renewal fee.\n(sec.293-ssec.1) This section applies to each of the following applications made to a local government under section 7 of the former regulation if the application has not been decided before the commencement— an application for a licence, other than an application to which section 291 applies; an application for renewal of a licence, other than an application to which section 292 applies.\n(sec.293-ssec.2) The application lapses and the following fees paid by the applicant to the local government for the application must be refunded in full to the applicant by the local government— the application fee; the licence fee; the renewal fee.\n- (a) an application for a licence, other than an application to which section 291 applies;\n- (b) an application for renewal of a licence, other than an application to which section 292 applies.\n- (a) the application fee;\n- (b) the licence fee;\n- (c) the renewal fee.","sortOrder":385},{"sectionNumber":"sec.294","sectionType":"section","heading":"Lapsing of registration under former regulation","content":"### sec.294 Lapsing of registration under former regulation\n\nThis section applies to a certificate of registration, renewal of registration or provisional registration in force, or suspended, under the former regulation immediately before the commencement.\nThe certificate of registration, renewal of registration or provisional registration lapses on the commencement.\n(sec.294-ssec.1) This section applies to a certificate of registration, renewal of registration or provisional registration in force, or suspended, under the former regulation immediately before the commencement.\n(sec.294-ssec.2) The certificate of registration, renewal of registration or provisional registration lapses on the commencement.","sortOrder":386},{"sectionNumber":"sec.295","sectionType":"section","heading":"Lapsing of applications relating to registration under former regulation","content":"### sec.295 Lapsing of applications relating to registration under former regulation\n\nThis section applies to each of the following applications made to a local government under section 9 or 10 of the former regulation if the application has not been decided before the commencement—\nan application for registration of any premises, other place or vehicle;\nan application for renewal of a registration;\nan application for transfer of a registration.\nThe application lapses and the following fees paid by the applicant to the local government for the application must be refunded in full to the applicant by the local government—\nthe application fee;\nthe registration fee;\nthe renewal fee.\n(sec.295-ssec.1) This section applies to each of the following applications made to a local government under section 9 or 10 of the former regulation if the application has not been decided before the commencement— an application for registration of any premises, other place or vehicle; an application for renewal of a registration; an application for transfer of a registration.\n(sec.295-ssec.2) The application lapses and the following fees paid by the applicant to the local government for the application must be refunded in full to the applicant by the local government— the application fee; the registration fee; the renewal fee.\n- (a) an application for registration of any premises, other place or vehicle;\n- (b) an application for renewal of a registration;\n- (c) an application for transfer of a registration.\n- (a) the application fee;\n- (b) the registration fee;\n- (c) the renewal fee.","sortOrder":387},{"sectionNumber":"sec.296","sectionType":"section","heading":"Offences","content":"### sec.296 Offences\n\nA proceeding for an offence against a provision of the former legislation may be started or continued, and the provisions of the legislation that are necessary or convenient to be used in relation to the proceeding continue to apply as if this Act had not commenced.\nFor subsection (1), the Acts Interpretation Act 1954 , section 20 applies, but does not limit the subsection.\nIn this section—\nformer legislation means the repealed Act, the former regulation or the Food Standards Regulation 1994 .\n(sec.296-ssec.1) A proceeding for an offence against a provision of the former legislation may be started or continued, and the provisions of the legislation that are necessary or convenient to be used in relation to the proceeding continue to apply as if this Act had not commenced.\n(sec.296-ssec.2) For subsection (1), the Acts Interpretation Act 1954 , section 20 applies, but does not limit the subsection.\n(sec.296-ssec.3) In this section— former legislation means the repealed Act, the former regulation or the Food Standards Regulation 1994 .","sortOrder":388},{"sectionNumber":"sec.297","sectionType":"section","heading":"Application of requirements about food safety supervisor and food safety program to existing licensees","content":"### sec.297 Application of requirements about food safety supervisor and food safety program to existing licensees\n\nThis section applies to a person who is a licensee immediately before the commencement.\nSections 86(1) and 88(1) apply to the person as if the requirement to comply with the sections within 30 days after the licence is issued under section 60(1) were a requirement for the person to comply with the sections by 1 July 2008.\nThe person is not liable for an offence against section 99(1) committed before 1 July 2008.\ns 297 ins 2007 No. 54 s 40\n(sec.297-ssec.1) This section applies to a person who is a licensee immediately before the commencement.\n(sec.297-ssec.2) Sections 86(1) and 88(1) apply to the person as if the requirement to comply with the sections within 30 days after the licence is issued under section 60(1) were a requirement for the person to comply with the sections by 1 July 2008.\n(sec.297-ssec.3) The person is not liable for an offence against section 99(1) committed before 1 July 2008.","sortOrder":389},{"sectionNumber":"sec.298","sectionType":"section","heading":"No offence committed against food safety supervisor or food safety program provisions before 1 July 2008","content":"### sec.298 No offence committed against food safety supervisor or food safety program provisions before 1 July 2008\n\nThis section applies to a licensee to whom section 297 does not apply.\nThe licensee is not liable for an offence against a provision of chapter 3, part 7, division 2 or chapter 4 committed before 1 July 2008.\ns 298 ins 2007 No. 54 s 40\n(sec.298-ssec.1) This section applies to a licensee to whom section 297 does not apply.\n(sec.298-ssec.2) The licensee is not liable for an offence against a provision of chapter 3, part 7, division 2 or chapter 4 committed before 1 July 2008.","sortOrder":390},{"sectionNumber":"ch.12-pt.3","sectionType":"part","heading":"Transitional provisions for Health Legislation Amendment Act 2011","content":"# Transitional provisions for Health Legislation Amendment Act 2011","sortOrder":391},{"sectionNumber":"sec.299","sectionType":"section","heading":"Definitions for pt 3","content":"### sec.299 Definitions for pt 3\n\nIn this part—\ncommencement means the commencement of this part.\nrelevant licence means a licence for a food business carried on from fixed premises or temporary premises that are a food vending machine within the meaning of this Act as in force on the commencement.\ns 299 ins 2011 No. 41 s 16","sortOrder":392},{"sectionNumber":"sec.300","sectionType":"section","heading":"Existing relevant licence","content":"### sec.300 Existing relevant licence\n\nThis section applies to a relevant licence that was in force immediately before the commencement.\nOn and from the commencement—\nthe licence is taken to be a licence for a food business carried on from mobile premises that are the food vending machine, subject to the conditions to which the licence was subject immediately before the commencement; and\nthe licence is taken to comply with section 94(b)(iii)(B); and\nthe register of food businesses need not contain the particulars mentioned in section 265(2)(e)(ii) for the food business.\nSubsection (2) stops applying when the licence is first renewed after the commencement.\ns 300 ins 2011 No. 41 s 16\n(sec.300-ssec.1) This section applies to a relevant licence that was in force immediately before the commencement.\n(sec.300-ssec.2) On and from the commencement— the licence is taken to be a licence for a food business carried on from mobile premises that are the food vending machine, subject to the conditions to which the licence was subject immediately before the commencement; and the licence is taken to comply with section 94(b)(iii)(B); and the register of food businesses need not contain the particulars mentioned in section 265(2)(e)(ii) for the food business.\n(sec.300-ssec.3) Subsection (2) stops applying when the licence is first renewed after the commencement.\n- (a) the licence is taken to be a licence for a food business carried on from mobile premises that are the food vending machine, subject to the conditions to which the licence was subject immediately before the commencement; and\n- (b) the licence is taken to comply with section 94(b)(iii)(B); and\n- (c) the register of food businesses need not contain the particulars mentioned in section 265(2)(e)(ii) for the food business.","sortOrder":393},{"sectionNumber":"sec.301","sectionType":"section","heading":"Pending applications for relevant licence","content":"### sec.301 Pending applications for relevant licence\n\nThis section applies to an application for a relevant licence that was made under chapter 3, part 3, but not decided, before the commencement.\nOn and from the commencement, the application is taken to be an application for a licence for a food business carried on from mobile premises that are the food vending machine.\nAn application to which this section applies is not invalid only because it does not comply with section 53(1)(e) as in force on the commencement.\nThe local government may, under section 59, require the applicant to give the local government the serial number or other identifying mark of the food vending machine.\ns 301 ins 2011 No. 41 s 16\n(sec.301-ssec.1) This section applies to an application for a relevant licence that was made under chapter 3, part 3, but not decided, before the commencement.\n(sec.301-ssec.2) On and from the commencement, the application is taken to be an application for a licence for a food business carried on from mobile premises that are the food vending machine.\n(sec.301-ssec.3) An application to which this section applies is not invalid only because it does not comply with section 53(1)(e) as in force on the commencement. The local government may, under section 59, require the applicant to give the local government the serial number or other identifying mark of the food vending machine.","sortOrder":394},{"sectionNumber":"sec.302","sectionType":"section","heading":"Pending applications for renewal, restoration or amendment of relevant licence","content":"### sec.302 Pending applications for renewal, restoration or amendment of relevant licence\n\nThis section applies to an application for the renewal, restoration or amendment of a relevant licence made under chapter 3, part 5, but not decided, before the commencement.\nOn and from the commencement, the application is taken to be an application for the renewal, restoration or amendment of a licence for a food business carried on from mobile premises that are the food vending machine.\nThe local government may, under section 75, require the applicant to give the local government the serial number or other identifying mark of the food vending machine.\ns 302 ins 2011 No. 41 s 16\n(sec.302-ssec.1) This section applies to an application for the renewal, restoration or amendment of a relevant licence made under chapter 3, part 5, but not decided, before the commencement.\n(sec.302-ssec.2) On and from the commencement, the application is taken to be an application for the renewal, restoration or amendment of a licence for a food business carried on from mobile premises that are the food vending machine. The local government may, under section 75, require the applicant to give the local government the serial number or other identifying mark of the food vending machine.","sortOrder":395},{"sectionNumber":"ch.12-pt.4","sectionType":"part","heading":"Transitional provision for Health Legislation Amendment Act 2016","content":"# Transitional provision for Health Legislation Amendment Act 2016","sortOrder":396},{"sectionNumber":"sec.303","sectionType":"section","heading":"Application of ch 6A","content":"### sec.303 Application of ch 6A\n\nChapter 6A does not apply to the proprietor of a food business until 12 months after the commencement.\ns 303 ins 2016 No. 8 s 10","sortOrder":397}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":724},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original scope as a comprehensive food safety regulatory framework. The provisions examined cover standard elements of food safety law: licensing, hazard control through food safety programs, auditing, enforcement powers, and offences. No significant scope creep is evident in the provided text."},"complexity_factors":["Extensive cross-referencing between State and local government powers (Chapters 1, 7)","Multiple nested definitions with exceptions (e.g. 'sell' has 16 inclusions and 2 exclusions in section 19)","Conditional licensing requirements with multiple exemptions (section 48 has 11 exemption categories)","Three-tier offence structure with different mental elements (knowing/ought to know vs strict liability)","Complex administrative procedures with multiple decision points, time limits, and appeal pathways (e.g. 30-day default periods, extension mechanisms, show cause processes)","Executive liability provisions attaching personal liability to corporate officers","Dual enforcement framework requiring coordination between State and local governments","Extensive procedural requirements for warrants, entry powers, and seizure (Chapter 7, Part 2)","Multiple interacting approval/accreditation systems (licences, food safety programs, auditors)","Conditional application of national standards with local modifications (section 14)"],"plain_english_summary":"This is Queensland's **Food Act 2006**, a comprehensive law that regulates food safety across the state. Here's what it does in plain English:\n\n**Core purpose**: Ensure food sold to people is **safe and suitable** to eat, and prevent misleading claims about food.\n\n**Who it affects**:\n- **Food businesses** — anyone who makes, handles, or sells food (restaurants, cafes, manufacturers, caterers, food trucks, even some community fundraisers)\n- **Local governments** — they issue licences and do most of the day-to-day enforcement\n- **The State government** — handles serious offences, auditor approvals, and can step in when local councils don't act\n\n**Key requirements**:\n- **Licensing**: Most food businesses need a licence from their local council. This includes restaurants, manufacturers, caterers, and mobile food vendors. Some exemptions exist (like school tuckshops run by parent groups, or home baking for charity fundraisers).\n- **Food safety programs**: Higher-risk businesses (caterers, hospitals, businesses handling dangerous foods) must have an accredited food safety program — basically a written plan identifying hazards and how to control them.\n- **Auditors**: Independent auditors check these food safety programs. They need state approval and can be suspended or cancelled if they don't do their job properly.\n- **Enforcement**: Authorised officers can enter premises, inspect, seize unsafe food, issue improvement notices, and even stop businesses immediately in emergencies.\n\n**Serious offences** (carrying penalties up to 2 years prison):\n- Knowingly handling or selling unsafe food\n- Falsely describing food in ways that could harm someone\n\n**Defences available**: People can defend themselves by proving they exercised \"due diligence\" (took reasonable care), relied on suppliers, or complied with approved food safety programs.\n\n**Split responsibilities**: Local councils handle licensing and routine inspections; the State handles serious crimes, auditor regulation, and can override councils that aren't protecting public health.\n\nThe Act works alongside the national **Food Standards Code** (Australia New Zealand Food Standards Code), which sets the actual technical rules for food safety and labelling."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act extends beyond a simple food‑hygiene law to a comprehensive regulatory regime covering licensing, mandatory accredited food safety programs for many higher‑risk businesses, an approved‑auditor system, detailed audit reporting and monitoring, and fast emergency powers (recalls, isolation, destruction, advertising bans). These additions (notably ch 4–6 on accredited programs and auditors, ch 7 emergency/enforcement powers, and the reporting and directions on contaminants in secs 270–271D) increase regulatory reach and administrative complexity compared with a narrow original purpose of basic food safety/hygiene oversight. The result is a shift from prescriptive hygiene rules toward a systems‑based regime (accreditation + audits) with stronger enforcement tools and clearer personal liability for officers (secs 99, 123, 127–136, 216–221, 260/260A)."},"complexity_factors":["Long statute: provisions numbered at least to sec 303 (over 300 sections across 12 chapters and many parts)","Extensive definitions and specialised terms across multiple sections (notably secs 12–21, 48 and schedule references) and a separate dictionary (schedule 3)","Multiple interlocking regimes: licensing (ch 3), accredited food safety programs (ch 4), auditor approval and audits (ch 5–6), enforcement and authorised persons (ch 7), emergency powers (ch 7 & ch 11) — each with their own procedures and cross‑references","Many conditional rules and nested exceptions (for example, who must hold accredited programs under sec 99 with regulatory exemptions; licence application/time extensions secs 61–66; warrants and duplicate warrant procedure secs 177–179)","Significant cross‑referencing to external instruments and laws (Australia New Zealand Food Standards Code via sec 14, Food Production (Safety) Act 2000, Crimes at Sea Act 2001, Corporations Act, Therapeutic Goods Act, QCAT Act, etc.)","Differentiated enforcement architecture: split responsibilities between State and local governments, with mechanisms for partnership, takeover and cost recovery (secs 22–31, 25–28), increasing practical complexity","Multiple sanction regimes: \"serious\" offences (imprisonment), executive liability provisions, corporate and executive officer liability (secs 32–39, 260, 260A), and administrative remedies (improvement notices, suspension, cancellation)","Administrative discretions with safety‑critical timelines: audit reporting (sec 161), contaminant reporting (secs 270–271), immediate suspension powers (secs 83, 149) and emergency orders (secs 216–221)","Transitional provisions and historical carry‑overs complicate interpretation (ch 12 contains numerous transitional rules tying in prior regulations and orders)","Multiple procedural layers for review and appeal (internal review, QCAT, court injunction powers — ch 9 and secs 222–226)"],"plain_english_summary":"**What this law does (mechanics)\n\n- Establishes a single, state-level regulatory framework for food sold in Queensland. (See sec 8: main purposes.)\n- Defines key terms (what counts as \"food\", \"sell\", \"food business\", \"unsafe\" and \"unsuitable\" food) that determine who is regulated and when. (See secs 12–21, 48.)\n- Requires licensing for many food businesses (\"licensable food businesses\") and sets what must be in licence applications, how licences are issued, renewed, amended, suspended or cancelled. Local governments issue most licences. (See ch 3, esp. secs 48, 49–56, 67–76.)\n- Requires particular businesses (for example, off‑site caterers, some on‑site caterers, private hospitals and businesses handling potentially hazardous food) to have accredited food safety programs. It sets the content required in those programs and how they are accredited, audited and amended. (See ch 4, secs 98–106, 112–116, 123–126.)\n- Creates an auditor approval and oversight system: auditors are approved by the chief executive, perform compliance audits, report results, and can be suspended or cancelled. (See ch 5 and ch 6, esp. secs 127–136, 157–162.)\n- Gives authorised officers broad monitoring and enforcement powers (entry, inspection, seizure, improvement notices, emergency powers) and sets procedures for warrants, urgent entry, seizures, and dealing with seized items. (See ch 7, esp. secs 171–192, 204–211.)\n- Sets criminal and civil penalties for handling/selling unsafe or falsely described food and other breaches; some offences carry imprisonment (serious offences) and many are \"executive liability\" offences that can attach to businesses and to executive officers. (See ch 2, secs 32–39; corporate liability provisions secs 259–260A.)\n- Provides emergency powers for the chief executive to impose recall, isolation, destruction, advertising bans and other measures to address serious public‑health dangers from food. Those orders are time‑limited and can attract compensation claims if wrongly made. (See secs 216–221, 218.)\n- Establishes reporting duties for certain contaminant isolations and suspected intentional contamination, and empowers the chief executive to direct testing, isolation and disposal actions. (See secs 270–271, 271B–271D.)\n- Sets out internal and external review routes for administrative decisions (internal review by the decision‑maker/local government; external review to QCAT), evidentiary and court procedures, confidentiality and information‑sharing rules, and transitional arrangements from earlier laws. (See ch 9–11 and relevant sections.)\n\nWho this affects (principal actors)\n\n- Food businesses of many kinds (manufacturers, restaurants, caterers, mobile vendors, market stalls) — licensing, food safety programs and audits affect where, how and under what conditions they operate. (See secs 13, 48, 49, 99.)\n- Licensees and proprietors — must hold licences, appoint food safety supervisors, keep programs on site, comply with improvement notices and audits, and may face penalties. (See secs 69, 86–88, 123–125.)\n- Auditors and laboratories — must be approved, report, and are subject to conditions and disciplinary procedures. (See ch 5 and ch 8.)\n- Local governments — primary role in licensing, inspections, enforcement and accreditation in many areas; must act within the division of State/local responsibilities set by the Act. (See secs 22–31.)\n- State (chief executive) — retains direct powers for particular national or high‑risk matters (approvals of auditors, emergency orders, check audits, directions about contaminants). (See secs 22, 159, 216–219, 272A.)\n- Consumers and public health authorities — benefit from safety, labelling, recalls and information requirements; but the Act does not create a private civil cause of action based solely on breach of the Act (sec 6).\n\nWhy it matters (official purpose and practical tests)\n\n- Official purpose: to ensure food for sale is safe and suitable and to prevent misleading conduct about food (sec 8). The Act applies those aims by licensing, mandating accredited food‑safety systems for higher‑risk activities, auditing, and enforcement (sec 9).\n\nTesting that purpose against costs, incentives and trade‑offs (mechanisms and likely effects)\n\n- Who pays: compliance costs fall primarily on licensees (fees, audits, documenting and running accredited food safety programs, appointing supervisors). Local governments bear enforcement costs (inspections, processing licences) but may recover reasonable costs via fees subject to limits (sec 31). The State funds central actions (emergency orders, chief executive functions).\n- What officials decide: the chief executive and local governments have significant discretionary powers — approving auditors, accrediting programs, deciding audit frequency, issuing improvement notices, and imposing emergency orders (chs 4–7, secs 109–110, 114, 216–219). That concentrates decision‑making and creates implementation risk tied to administrative capacity and consistency.\n- Compliance burden and operating choices: businesses must choose between operating within the licensing/accreditation scheme (with auditing and record‑keeping costs) or fitting into explicit exemptions (community tuckshops, small non‑profit activities, limited snack sales — see sec 4 and sec 48 exceptions). That can produce predictable substitution (e.g. smaller operators limit activity or restructure as non‑profit to avoid licensing costs).\n- Enforcement incentives and sanctions: the Act combines prevention (programs, supervisors), monitoring (audits, authorised officers), and hard sanctions (penalty units, imprisonment for serious offences). Executive liability provisions and potential personal liability for executive officers (secs 260, 260A) create strong incentives for corporate governance but also raise risks of secondary enforcement costs to businesses and directors.\n- Trade‑offs: a comprehensive auditing and accreditation scheme (chs 4–6) aims to reduce food safety incidents but requires longer regulatory complexity (detailed program criteria, auditor networks, compliance audit scheduling). Emergency powers (chs 7 and 11) shorten response time to acute risks but allow rapid, intrusive interventions that may impose costs on businesses and require post‑action review/compensation mechanisms (secs 220, 213).\n- Implementation risks: the system depends on an approved auditor network, consistent local government decisions, and timely reporting by businesses (secs 127–136, 262–266, 270–271). Gaps in capacity or variable interpretation can delay licensing, create uncertainty about program accreditation, or generate uneven enforcement across local areas (the Act allows State/local cooperation but also preserves distinct roles — secs 22–26).\n\nConcise summary of behavioural changes required by the Act\n\n- Businesses that meet the \"licensable\" criteria must become licenced, appoint and make available a food safety supervisor, and (if required) adopt an accredited food safety program and submit to audits (secs 48, 86–88, 99, 123–125).\n- Auditors must obtain approval and comply with approval conditions; local governments must decide frequency of audits and can demand higher frequency if needed (secs 128–136, 109–111).\n- Persons who isolate prescribed contaminants or who reasonably suspect intentional contamination must notify the chief executive quickly and comply with directions (secs 270–271, 271B–271D).\n\nKey sections to consult quickly (practical map)\n\n- Who is regulated and definitions: secs 12–21, 48–19.\n- Licensing rules and applications: ch 3 (secs 49–76; application rules secs 52–59; conditions sec 69).\n- Food safety programs and accreditation: ch 4 (secs 98–126).\n- Auditor approval and audits: ch 5–6 (secs 127–136, 157–162).\n- Authorised persons, entry and enforcement powers: ch 7 (secs 165–216; improvement notices 209; emergency powers 204–207).\n- Serious offences and penalties: ch 2 (secs 32–39) and corporate executive liability (secs 259–260A).\n\nNotes on limits and disclaimers\n\n- The Act does not create a private civil cause of action solely because of breach of an Act provision (sec 6). That means affected private parties should not rely on the Act alone to bring civil claims; they may use common law or other statutory rights where available.\n- The Act applies the Australia New Zealand Food Standards Code with specified local changes and exclusions; consult sec 14 and schedule 2 for how the national Code is adapted.\n\nOverall, the Food Act 2006 creates a detailed compliance and enforcement architecture that shifts more emphasis onto accredited safety systems and audit regimes for higher‑risk food activities, while leaving local governments primary responsibility for licensing and routine enforcement and reserving strong State powers for auditor approval and emergency public‑health action (see secs 22–25, 99, 127, 216–219)."},"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"sec.3","severity":"medium","reasoning":"The section title and first subsection state categorically that the Act binds 'all persons', but the very next subsection carves out the State and associated entities. This is internally self-contradicting: 'all persons' plainly does not mean all persons.","confidence":0.95,"description":"The Act purports to bind 'all persons' in subsection 1, but immediately exempts the State, government owned corporations, and rail government entities in subsection 2. The heading 'Act binds all persons' is therefore a false statement of the law."},{"type":"self_contradicting","section":"sec.12","severity":"medium","reasoning":"Paragraph (e) says food includes water 'other than reticulated water' meeting the retail/consumption criteria. Paragraph (g) then says food includes 'reticulated water on premises where a food business is carried on'. The general exclusion of reticulated water in (e) is partially reinstated by (g), but the interaction between these two provisions is confusing: reticulated water at a food business premise is food, but reticulated water elsewhere is not. The drafting creates interpretive uncertainty about what category (g) water falls into relative to the exclusion in (e).","confidence":0.8,"description":"The definition of 'food' in sec.12(1)(e) excludes 'reticulated water' from the definition of water that is food, but sec.12(1)(g) then expressly includes 'reticulated water on premises where a food business is carried on'. This creates an absurdity: reticulated water is simultaneously excluded and included as food, depending on location."},{"type":"self_contradicting","section":"sec.16","severity":"low","reasoning":"The inclusion of 'making ice' as manufacture in subsection (1) is immediately qualified in subsection (2) by the place-of-use exemption. While there may be a policy rationale, the interaction is logically awkward: the same physical act (making ice) is simultaneously manufacture and not manufacture depending solely on whether it is used at the same premises.","confidence":0.75,"description":"The definition of 'manufacture' includes 'making ice' (sec.16(1)(e)), but then sec.16(2)(c) excludes from manufacture 'making ice at a particular place for use at the place'. This means making ice is manufacture unless you use it where you make it. The practical consequence is absurd: a commercial ice manufacturer is regulated, but a restaurant making ice for its own drinks is not — yet both may produce identical ice in identical conditions."},{"type":"other","section":"sec.19","severity":"medium","reasoning":"While the Act may have legitimate policy reasons for this extension, treating a gratuitous gift as a 'sale' is a logical absurdity. Combined with the exemption in sec.4(b) for home-handled food given to non-profits, there is an inconsistency: a non-profit's gift of food is regulated as a 'sale' under s.19(1)(o), but food given from a private home to a non-profit is exempt under s.4(b).","confidence":0.82,"description":"Section 19(1)(o) defines 'sell' to include 'give the food away, from a food business, to a person'. This means a food business that gives food away for free is still 'selling' that food for the purposes of the Act, which stretches the ordinary meaning of 'sell' to an absurd degree and could capture simple charitable distributions."},{"type":"other","section":"sec.19","severity":"low","reasoning":"The carve-out of B&B and farmstay premises from 'private residence' means that the same physical act of cooking food at home and charging for it is treated differently depending on whether the home is also a registered commercial hospitality operation. This creates potential absurdity where the line between a casual boarder arrangement and a B&B is unclear.","confidence":0.7,"description":"Section 19(2)(b) excludes from 'sell' the act of preparing food at a private residence and supplying it for a fee (e.g., to a boarding student). However, sec.19(4) excludes farmstay premises and bed and breakfast facilities from the definition of 'private residence'. This means a person who prepares food at their own home and charges a fee is not 'selling', but if they run a B&B at the same home, the same act becomes a 'sale'. The distinction turns on the commercial character of the premises rather than the act itself."},{"type":"other","section":"sec.20","severity":"high","reasoning":"The reference to 'subsection (l)' in sec.20(3) is almost certainly a drafting error — the letter 'l' being confused for the numeral '1'. This means the interpretive note about 'processes' technically applies to a non-existent subsection, creating a legal void in the definition of 'unsafe food'.","confidence":0.95,"description":"Section 20(3) refers to 'subsection (l)' (the letter 'l') which appears to be a typographical error for 'subsection (1)' (the numeral '1'). There is no subsection (l) in the section. This creates a definitional cross-reference to a non-existent provision."},{"type":"other","section":"sec.48","severity":"low","reasoning":"The food safety risk from a consumer-assisted meal preparation at a non-profit may be equal to or greater than a fully prepared meal. The distinction appears arbitrary from a food safety perspective, which is the stated purpose of the Act.","confidence":0.65,"description":"Section 48(1)(c) defines a 'licensable food business' to include a non-profit that sells meals on at least 12 days each financial year. However, sec.48(2)(h) excludes from licensable food business a non-profit selling meals where 'the consumer of the meal helps to prepare it'. This means a non-profit operating a community kitchen where participants help cook could avoid licensing obligations entirely, regardless of how frequently it operates, while an identical operation where consumers do not help cook requires a licence after 12 days."},{"type":"self_contradicting","section":"sec.48","severity":"medium","reasoning":"The exception for processed fruit/vegetable juice in sec.48(2)(f) implicitly acknowledges juice sold at point of processing is more risky, yet the broader exemption for drinks could create confusion as to whether a smoothie bar or juice bar is licensable. The drafting does not clearly resolve whether the specific exclusions in sec.48(2) override the general inclusions in sec.48(1) in all cases.","confidence":0.7,"description":"Section 48(2)(f) exempts 'the sale of drinks (other than fruit or vegetable juice processed at the place of sale)' from being a licensable food business. However, sec.48(1)(b) includes as a licensable food business any entity that sells unpackaged food by retail. 'Drinks' are food under sec.12, and freshly squeezed juice sold unpackaged would appear to fall under both the general inclusion in sec.48(1)(b) and the specific exclusion in sec.48(2)(f). The interaction is unclear."},{"type":"other","section":"sec.6","severity":"low","reasoning":"The practical effect is that a food business cannot rely on compliance with the Act's detailed regulatory scheme as evidence of reasonable care in negligence proceedings. This potentially undermines the incentive to comply with the Act's specific requirements.","confidence":0.6,"description":"Section 6(3) states that compliance with the Act 'does not necessarily show that a civil obligation... has been satisfied or has not been breached'. This means a food business could fully comply with all food safety requirements under this Act and still be held liable in civil proceedings. While legally defensible, this creates an absurdity where the Act's compliance regime provides no safe harbour whatsoever in civil law."},{"type":"other","section":"sec.44","severity":"low","reasoning":"The structural effect of sec.44(2) and (4) together is to provide a more detailed defence pathway only to businesses with third-party suppliers, while smaller operators who deal only with employees cannot use this specific route. This may not be irrational policy but it is an uneven application of the defence.","confidence":0.65,"description":"Section 44(2) provides a pathway for the 'due diligence' defence that requires the defendant to prove, among other things, that 'the commission of the offence was due to an act or default of another person' (sec.44(2)(a)). However, sec.44(4) specifies that 'another person' does not include an employee or agent of the defendant. This means a sole trader who is the only person in their business cannot rely on this limb of the defence at all — they must rely solely on the general due diligence standard in subsection (1), while larger businesses can use the specific pathway."}],"contradictions":[{"severity":"medium","section_a":"sec.3(1)","section_b":"sec.3(2)","confidence":0.95,"description":"Section 3(1) states the Act binds 'all persons', while section 3(2) immediately exempts the State, government owned corporations, and rail government entities. The provisions are internally contradictory within the same section."},{"severity":"medium","section_a":"sec.12(1)(e)","section_b":"sec.12(1)(g)","confidence":0.82,"description":"Section 12(1)(e) defines food to include water 'other than reticulated water' that is for retail sale and intended for human consumption. Section 12(1)(g) then defines food to include 'reticulated water on premises where a food business is carried on'. These provisions create a contradictory treatment of reticulated water: excluded as food under (e), then included as food under (g) in commercial contexts."},{"severity":"low","section_a":"sec.16(1)(e)","section_b":"sec.16(2)(c)","confidence":0.85,"description":"Section 16(1)(e) states that 'making ice' constitutes manufacture. Section 16(2)(c) states that manufacture does not include 'making ice at a particular place for use at the place'. The same activity is simultaneously included and excluded from the definition of manufacture."},{"severity":"medium","section_a":"sec.4(b)","section_b":"sec.19(1)(o)","confidence":0.7,"description":"Section 4(b) exempts from the Act the handling of food at a person's home intended to be given away to a non-profit organisation for sale. However, section 19(1)(o) defines 'sell' to include giving food away from a food business. If a home-based food handler regularly gives food away to a non-profit this could constitute a food business under sec.13, potentially triggering the sec.19(1)(o) definition and removing the sec.4(b) exemption. The interaction between these provisions is unresolved."},{"severity":"low","section_a":"sec.22(1)","section_b":"sec.23(1)","confidence":0.55,"description":"Sections 22 and 23 divide administration between the State and local governments respectively. However, section 24 then provides that certain sections (32, 33, 35, 36) are administered by both. Section 32 is listed in section 24 as jointly administered, but section 22(1)(a) does not list section 32 as a State-only provision. This is consistent, but section 33 appears in section 24 as jointly administered while simultaneously not appearing in either sec.22 or sec.23's exclusive lists — potentially creating a gap where neither exclusively administers it absent agreement."},{"severity":"low","section_a":"sec.8(a)","section_b":"sec.19(1)(o)","confidence":0.65,"description":"Section 8(a) states the Act's purpose is to ensure food 'for sale' is safe. Section 19(1)(o) defines 'sell' to include giving food away from a food business. This means the Act's food safety obligations extend to gratuitous gifts of food from a food business, which goes beyond what the stated purpose — ensuring food 'for sale' is safe — would suggest."},{"severity":"low","section_a":"sec.32","section_b":"sec.35","confidence":0.75,"description":"Section 32 creates a serious offence (max 1,000 penalty units or 2 years imprisonment) for handling food unsafely where the person 'knows, or reasonably ought to know' the food will or is likely to become unsafe. Section 35(1) creates a lesser offence (max 500 penalty units, no imprisonment) for handling food that 'will make, or is likely to make, the food unsafe' with no knowledge requirement. The lower-penalty offence in sec.35 is therefore a strict liability version of the sec.32 offence. However, a person who has actual knowledge would be exposed to prosecution under either provision, creating prosecutorial overlap and potential for inconsistent outcomes depending on which charge is brought."},{"severity":"low","section_a":"sec.48(1)(b)","section_b":"sec.48(2)(b)","confidence":0.6,"description":"Section 48(1)(b) defines as a licensable food business any entity (other than a non-profit) that sells unpackaged food by retail. Section 48(2)(b) excludes 'the sale of unpackaged snack food' from the definition of licensable food business. Snack food is defined in sec.48(3) as food that is 'not potentially hazardous food'. The exclusion for unpackaged snack food effectively carves out a subset of unpackaged retail food sales from the general inclusion, but the boundary between 'snack food' and other unpackaged retail food is potentially unclear, particularly for novel food products."}]},"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"},"summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The Act's scope appears consistent with its stated purposes: ensuring food safety, preventing misleading conduct, and applying national food standards. The detailed licensing and enforcement framework, including split State/local government administration and the specific exemptions, are all logically connected to these stated goals. No provisions appear to significantly depart from the original regulatory intent, though the broad definition of 'sell' and the inclusion of non-profit organisations in the licensing regime extend the Act's reach beyond purely commercial contexts in ways that may surprise some operators."},"complexity_factors":["Dual enforcement structure requiring coordination between State government and multiple local governments, with override provisions and cost-recovery mechanisms","Highly detailed and nuanced definitions (especially 'sell', 'food', 'manufacture', 'off-site catering', 'on-site catering') with numerous inclusions, exclusions, and worked examples","Tiered offence structure with different penalties and mental fault elements across multiple provisions (knowing vs. ought to know vs. strict liability)","Complex licensing framework with different rules depending on business type, premises type (fixed, mobile, temporary), and whether the operator is a for-profit or non-profit entity","Interaction with multiple external legislative instruments: Food Standards Australia New Zealand Act 1991 (Cwlth), Food Production (Safety) Act 2000, Therapeutic Goods Act 1989 (Cwlth), Corporations Act, various Queensland statutes","Modified application of the national Food Standards Code with state-specific exclusions and the ability to further modify by regulation","Nuanced exemptions — e.g., school tuckshops, home baking for charity, defence ships — that require careful reading to determine applicability","Multi-layered due diligence defence with specific sub-conditions that interact with each other","Executive liability provisions applying criminal responsibility to company officers and directors","Broad and expansive definition of 'sell' that captures activities most people would not consider a commercial sale (raffles, prizes, advertising giveaways, employee meals)"],"plain_english_summary":"Queensland’s primary food‑safety law regulating anyone who handles, prepares or sells food to the public. It enforces the Australia New Zealand Food Standards Code, requires licences and (for many operators) accredited food‑safety programs, and creates criminal and civil penalties for unsafe or misleading food practices.  \n\nIt matters because it protects consumers’ health, shapes how food businesses operate and is enforced by local councils with State backup for serious risks."}},"importantCases":[],"_links":{"self":"/api/acts/food-act-2006","history":"/api/acts/food-act-2006/history","analysis":"/api/acts/food-act-2006/analysis","conflicts":"/api/acts/food-act-2006/conflicts","importantCases":"/api/acts/food-act-2006/important-cases","documents":"/api/acts/food-act-2006/documents"}}