{"id":"qld:act-2000-045","name":"Food Production (Safety) Act 2000","slug":"food-production-safety-act-2000","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"45 of 2000","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104634,"registerId":"qld-act-2000-045-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"pt.1-div.1","sectionType":"division","heading":"Introduction","content":"## Introduction","sortOrder":1},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Food Production (Safety) Act 2000 .","sortOrder":2},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThe following provisions commence on a day to be fixed by proclamation—\nparts 5 to 8 ;\npart 11 , divisions 2 and 3 ;\npart 12 .\nHowever, if no day has been fixed by 1 January 2004, the provisions commence on that day.\nThe Acts Interpretation Act 1954 , section 15DA does not apply to this Act.\ns 2 sub 2002 No. 49 s 23\n(sec.2-ssec.1) The following provisions commence on a day to be fixed by proclamation— parts 5 to 8 ; part 11 , divisions 2 and 3 ; part 12 .\n(sec.2-ssec.2) However, if no day has been fixed by 1 January 2004, the provisions commence on that day.\n(sec.2-ssec.3) The Acts Interpretation Act 1954 , section 15DA does not apply to this Act.\n- (a) parts 5 to 8 ;\n- (b) part 11 , divisions 2 and 3 ;\n- (c) part 12 .","sortOrder":3},{"sectionNumber":"pt.1-div.2","sectionType":"division","heading":"Objects and application","content":"## Objects and application","sortOrder":4},{"sectionNumber":"sec.3","sectionType":"section","heading":"Main objects of Act","content":"### sec.3 Main objects of Act\n\nThe main objects of this Act are—\nto establish Safe Food Production QLD; and\nto ensure the production of primary produce is carried out in a way that—\nmakes the primary produce fit for human or animal consumption; and\nmaintains food quality; and\nto provide for food safety measures for the production of primary produce consistent with other State laws relating to food safety.\n- (a) to establish Safe Food Production QLD; and\n- (b) to ensure the production of primary produce is carried out in a way that— (i) makes the primary produce fit for human or animal consumption; and (ii) maintains food quality; and\n- (i) makes the primary produce fit for human or animal consumption; and\n- (ii) maintains food quality; and\n- (c) to provide for food safety measures for the production of primary produce consistent with other State laws relating to food safety.\n- (i) makes the primary produce fit for human or animal consumption; and\n- (ii) maintains food quality; and","sortOrder":5},{"sectionNumber":"sec.4","sectionType":"section","heading":"Act binds all persons","content":"### sec.4 Act binds all persons\n\nThis Act binds all persons, including the State and, so far as the legislative authority of the Parliament permits, the Commonwealth and the other States.","sortOrder":6},{"sectionNumber":"sec.5","sectionType":"section","heading":"Food Act 2006 not affected","content":"### sec.5 Food Act 2006 not affected\n\nThis Act is in addition to, and does not limit, the Food Act 2006 .\ns 5 amd 2006 No. 3 s 297 sch 1","sortOrder":7},{"sectionNumber":"sec.6","sectionType":"section","heading":"Exemption from application of Act","content":"### sec.6 Exemption from application of Act\n\nThis Act does not apply to primary produce or the production of primary produce—\nat premises on or from which primary produce is sold by retail, other than—\nmeat retail premises; or\nother premises on which the production of primary produce is the predominant activity carried out on the premises; or\na packing shed, situated on an apple orchard, that is used to wash and pack apples but from which a person may occasionally sell apples by retail\nin vehicles on or from which primary produce is sold by retail, other than—\nmeat retail vehicles; or\nother vehicles in which the production of primary produce is the predominant activity carried out in the vehicle.\nAlso, this Act does not apply to—\nprimary produce possessed by an individual for the individual’s own use, unless the produce is moved from the place at which it was produced; or\nthe production of primary produce carried out by an individual, unless the produce is—\nsupplied, or intended for supply; or\nused, or intended for use, as food for paying guests; or\nmoved from the place at which it was produced.\nDespite subsection (2) , this Act does not apply to primary produce moved from the place at which it was produced if—\nthe primary produce is harvested in the wild by an individual for the individual’s own use; or\nthe following apply—\nSafe Food has advised the Minister that it is satisfied the primary produce is unlikely to expose members of the public to a food safety hazard;\nthe primary produce is prescribed under a regulation for this subsection.\nIn this section—\nmeat retail premises means retail premises, or part of a retail premises, on or from which meat processing is carried out, or meat is sold, other than retail premises on or from which all meat sold on the premises is sold ready for immediate consumption.\na meat section in a supermarket\nmeat retail vehicle means a vehicle on or from which meat is sold, other than meat ready for immediate consumption.\ns 6 amd 2003 No. 82 s 47 ; 2004 No. 27 s 17\n(sec.6-ssec.1) This Act does not apply to primary produce or the production of primary produce— at premises on or from which primary produce is sold by retail, other than— meat retail premises; or other premises on which the production of primary produce is the predominant activity carried out on the premises; or a packing shed, situated on an apple orchard, that is used to wash and pack apples but from which a person may occasionally sell apples by retail in vehicles on or from which primary produce is sold by retail, other than— meat retail vehicles; or other vehicles in which the production of primary produce is the predominant activity carried out in the vehicle.\n(sec.6-ssec.2) Also, this Act does not apply to— primary produce possessed by an individual for the individual’s own use, unless the produce is moved from the place at which it was produced; or the production of primary produce carried out by an individual, unless the produce is— supplied, or intended for supply; or used, or intended for use, as food for paying guests; or moved from the place at which it was produced.\n(sec.6-ssec.3) Despite subsection (2) , this Act does not apply to primary produce moved from the place at which it was produced if— the primary produce is harvested in the wild by an individual for the individual’s own use; or the following apply— Safe Food has advised the Minister that it is satisfied the primary produce is unlikely to expose members of the public to a food safety hazard; the primary produce is prescribed under a regulation for this subsection.\n(sec.6-ssec.4) In this section— meat retail premises means retail premises, or part of a retail premises, on or from which meat processing is carried out, or meat is sold, other than retail premises on or from which all meat sold on the premises is sold ready for immediate consumption. a meat section in a supermarket meat retail vehicle means a vehicle on or from which meat is sold, other than meat ready for immediate consumption.\n- (a) at premises on or from which primary produce is sold by retail, other than— (i) meat retail premises; or (ii) other premises on which the production of primary produce is the predominant activity carried out on the premises; or Example for subparagraph (ii) — a packing shed, situated on an apple orchard, that is used to wash and pack apples but from which a person may occasionally sell apples by retail\n- (i) meat retail premises; or\n- (ii) other premises on which the production of primary produce is the predominant activity carried out on the premises; or Example for subparagraph (ii) — a packing shed, situated on an apple orchard, that is used to wash and pack apples but from which a person may occasionally sell apples by retail\n- (b) in vehicles on or from which primary produce is sold by retail, other than— (i) meat retail vehicles; or (ii) other vehicles in which the production of primary produce is the predominant activity carried out in the vehicle.\n- (i) meat retail vehicles; or\n- (ii) other vehicles in which the production of primary produce is the predominant activity carried out in the vehicle.\n- (i) meat retail premises; or\n- (ii) other premises on which the production of primary produce is the predominant activity carried out on the premises; or Example for subparagraph (ii) — a packing shed, situated on an apple orchard, that is used to wash and pack apples but from which a person may occasionally sell apples by retail\n- (i) meat retail vehicles; or\n- (ii) other vehicles in which the production of primary produce is the predominant activity carried out in the vehicle.\n- (a) primary produce possessed by an individual for the individual’s own use, unless the produce is moved from the place at which it was produced; or\n- (b) the production of primary produce carried out by an individual, unless the produce is— (i) supplied, or intended for supply; or (ii) used, or intended for use, as food for paying guests; or (iii) moved from the place at which it was produced.\n- (i) supplied, or intended for supply; or\n- (ii) used, or intended for use, as food for paying guests; or\n- (iii) moved from the place at which it was produced.\n- (i) supplied, or intended for supply; or\n- (ii) used, or intended for use, as food for paying guests; or\n- (iii) moved from the place at which it was produced.\n- (a) the primary produce is harvested in the wild by an individual for the individual’s own use; or\n- (b) the following apply— (i) Safe Food has advised the Minister that it is satisfied the primary produce is unlikely to expose members of the public to a food safety hazard; (ii) the primary produce is prescribed under a regulation for this subsection.\n- (i) Safe Food has advised the Minister that it is satisfied the primary produce is unlikely to expose members of the public to a food safety hazard;\n- (ii) the primary produce is prescribed under a regulation for this subsection.\n- (i) Safe Food has advised the Minister that it is satisfied the primary produce is unlikely to expose members of the public to a food safety hazard;\n- (ii) the primary produce is prescribed under a regulation for this subsection.","sortOrder":8},{"sectionNumber":"pt.1-div.3","sectionType":"division","heading":"Interpretation","content":"## Interpretation","sortOrder":9},{"sectionNumber":"sec.7","sectionType":"section","heading":"Definitions","content":"### sec.7 Definitions\n\nThe dictionary in schedule 2 defines particular words used in this Act.\ns 7 amd 2003 No. 82 s 48","sortOrder":10},{"sectionNumber":"sec.8","sectionType":"section","heading":"Meaning of dairy produce","content":"### sec.8 Meaning of dairy produce\n\nDairy produce means—\nmilk of a bovine animal, camel, goat or sheep, or other milk prescribed under a regulation; or\na product consisting substantially of milk or milk solids and prescribed under a regulation to be dairy produce.\nbutter, cheese, yoghurt and flavoured milk\n- (a) milk of a bovine animal, camel, goat or sheep, or other milk prescribed under a regulation; or\n- (b) a product consisting substantially of milk or milk solids and prescribed under a regulation to be dairy produce. Examples of a product for paragraph (b) — butter, cheese, yoghurt and flavoured milk","sortOrder":11},{"sectionNumber":"sec.9","sectionType":"section","heading":"Meaning of meat","content":"### sec.9 Meaning of meat\n\nMeat is raw food that is the whole or part of a killed animal.\nMeat does not stop being meat merely because its nature is changed, otherwise than by cooking, or it is mixed with another substance.\nHowever, meat does not include smallgoods.\nmarinated meat, meat rissoles, meat sausages and stir-fry lamb mix\n(sec.9-ssec.1) Meat is raw food that is the whole or part of a killed animal.\n(sec.9-ssec.2) Meat does not stop being meat merely because its nature is changed, otherwise than by cooking, or it is mixed with another substance.\n(sec.9-ssec.3) However, meat does not include smallgoods. marinated meat, meat rissoles, meat sausages and stir-fry lamb mix","sortOrder":12},{"sectionNumber":"sec.10","sectionType":"section","heading":"Meaning of primary produce","content":"### sec.10 Meaning of primary produce\n\nPrimary produce means—\nfood produced by the production of primary produce; or\nan animal, plant or other organism intended for human or animal consumption; or\nraw material taken from an animal, plant or other organism for food; or\na substance, other than food—\nthat is labelled as not intended for consumption by humans or animals; and\nthat the Minister is satisfied—\nis likely to be consumed by humans or animals; and\nif consumed by humans or animals—poses a food safety hazard to the humans or animals; and\nthat is prescribed under a regulation to be primary produce.\nHowever, primary produce does not include a raw material mentioned in subsection (1) (c) unless the raw material is in substantially the same condition as when it was taken from the animal, plant or other organism.\na whole apple\ns 10 amd 2003 No. 82 s 49\n(sec.10-ssec.1) Primary produce means— food produced by the production of primary produce; or an animal, plant or other organism intended for human or animal consumption; or raw material taken from an animal, plant or other organism for food; or a substance, other than food— that is labelled as not intended for consumption by humans or animals; and that the Minister is satisfied— is likely to be consumed by humans or animals; and if consumed by humans or animals—poses a food safety hazard to the humans or animals; and that is prescribed under a regulation to be primary produce.\n(sec.10-ssec.2) However, primary produce does not include a raw material mentioned in subsection (1) (c) unless the raw material is in substantially the same condition as when it was taken from the animal, plant or other organism. a whole apple\n- (a) food produced by the production of primary produce; or\n- (b) an animal, plant or other organism intended for human or animal consumption; or\n- (c) raw material taken from an animal, plant or other organism for food; or\n- (d) a substance, other than food— (i) that is labelled as not intended for consumption by humans or animals; and (ii) that the Minister is satisfied— (A) is likely to be consumed by humans or animals; and (B) if consumed by humans or animals—poses a food safety hazard to the humans or animals; and (iii) that is prescribed under a regulation to be primary produce.\n- (i) that is labelled as not intended for consumption by humans or animals; and\n- (ii) that the Minister is satisfied— (A) is likely to be consumed by humans or animals; and (B) if consumed by humans or animals—poses a food safety hazard to the humans or animals; and\n- (A) is likely to be consumed by humans or animals; and\n- (B) if consumed by humans or animals—poses a food safety hazard to the humans or animals; and\n- (iii) that is prescribed under a regulation to be primary produce.\n- (i) that is labelled as not intended for consumption by humans or animals; and\n- (ii) that the Minister is satisfied— (A) is likely to be consumed by humans or animals; and (B) if consumed by humans or animals—poses a food safety hazard to the humans or animals; and\n- (A) is likely to be consumed by humans or animals; and\n- (B) if consumed by humans or animals—poses a food safety hazard to the humans or animals; and\n- (iii) that is prescribed under a regulation to be primary produce.\n- (A) is likely to be consumed by humans or animals; and\n- (B) if consumed by humans or animals—poses a food safety hazard to the humans or animals; and","sortOrder":13},{"sectionNumber":"sec.11","sectionType":"section","heading":"Meaning of production of primary produce","content":"### sec.11 Meaning of production of primary produce\n\nThe production of primary produce includes the following—\nthe growing, cultivation, picking, harvesting, collection or catching of animals, plants or other organisms;\nthe transportation or delivery of primary produce;\nthe freezing, packaging, refrigeration, storage, treating or washing of primary produce;\nthe dismembering, filleting, peeling or shucking of seafood, or adding brine to seafood;\nthe boiling of crustaceans;\nthe pasteurisation or homogenisation of milk, or manufacturing of other dairy produce;\nthe making of smallgoods;\nmeat processing or rendering;\nthe processing of primary produce—\nintended for consumption by a domestic animal; or\nintended for consumption by another animal if the animal, or any part or product of the animal, is intended for human consumption.\nSubject to subsection (1) , production of primary produce does not include a process, including, for example, manufacturing or canning, in which the nature of the primary produce is substantially changed.\nIn this section—\ntreating , of primary produce, means—\nenhancing the appearance of the primary produce, including, for example, by waxing or oiling it; or\ndealing with the primary produce solely to kill bacteria or germs in the primary produce, or to ripen it.\nusing ultraviolet light to kill bacteria or germs\nusing gas to ripen bananas\n(sec.11-ssec.1) The production of primary produce includes the following— the growing, cultivation, picking, harvesting, collection or catching of animals, plants or other organisms; the transportation or delivery of primary produce; the freezing, packaging, refrigeration, storage, treating or washing of primary produce; the dismembering, filleting, peeling or shucking of seafood, or adding brine to seafood; the boiling of crustaceans; the pasteurisation or homogenisation of milk, or manufacturing of other dairy produce; the making of smallgoods; meat processing or rendering; the processing of primary produce— intended for consumption by a domestic animal; or intended for consumption by another animal if the animal, or any part or product of the animal, is intended for human consumption.\n(sec.11-ssec.2) Subject to subsection (1) , production of primary produce does not include a process, including, for example, manufacturing or canning, in which the nature of the primary produce is substantially changed.\n(sec.11-ssec.3) In this section— treating , of primary produce, means— enhancing the appearance of the primary produce, including, for example, by waxing or oiling it; or dealing with the primary produce solely to kill bacteria or germs in the primary produce, or to ripen it. using ultraviolet light to kill bacteria or germs using gas to ripen bananas\n- (a) the growing, cultivation, picking, harvesting, collection or catching of animals, plants or other organisms;\n- (b) the transportation or delivery of primary produce;\n- (c) the freezing, packaging, refrigeration, storage, treating or washing of primary produce;\n- (d) the dismembering, filleting, peeling or shucking of seafood, or adding brine to seafood;\n- (e) the boiling of crustaceans;\n- (f) the pasteurisation or homogenisation of milk, or manufacturing of other dairy produce;\n- (g) the making of smallgoods;\n- (h) meat processing or rendering;\n- (i) the processing of primary produce— (i) intended for consumption by a domestic animal; or (ii) intended for consumption by another animal if the animal, or any part or product of the animal, is intended for human consumption.\n- (i) intended for consumption by a domestic animal; or\n- (ii) intended for consumption by another animal if the animal, or any part or product of the animal, is intended for human consumption.\n- (i) intended for consumption by a domestic animal; or\n- (ii) intended for consumption by another animal if the animal, or any part or product of the animal, is intended for human consumption.\n- (a) enhancing the appearance of the primary produce, including, for example, by waxing or oiling it; or\n- (b) dealing with the primary produce solely to kill bacteria or germs in the primary produce, or to ripen it. Examples for paragraph (b) — 1 using ultraviolet light to kill bacteria or germs 2 using gas to ripen bananas\n- 1 using ultraviolet light to kill bacteria or germs\n- 2 using gas to ripen bananas\n- 1 using ultraviolet light to kill bacteria or germs\n- 2 using gas to ripen bananas","sortOrder":14},{"sectionNumber":"sec.12","sectionType":"section","heading":"Meaning of substantially changed","content":"### sec.12 Meaning of substantially changed\n\nThe nature of primary produce is substantially changed if—\nany thing done to the primary produce markedly increases its shelf life; or\nany food is added to it.\n- (a) any thing done to the primary produce markedly increases its shelf life; or\n- (b) any food is added to it.","sortOrder":15},{"sectionNumber":"pt.2","sectionType":"part","heading":"Safe Food Production QLD","content":"# Safe Food Production QLD","sortOrder":16},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"Establishment, functions and powers of Safe Food","content":"## Establishment, functions and powers of Safe Food","sortOrder":17},{"sectionNumber":"sec.13","sectionType":"section","heading":"Establishment","content":"### sec.13 Establishment\n\nSafe Food Production QLD ( Safe Food ) is established.\nSafe Food—\nis a body corporate; and\nhas a seal; and\nmay sue and be sued in its corporate name.\nSafe Food does not represent the State.\ns 13 amd 2001 No. 45 s 29 sch 3\n(sec.13-ssec.1) Safe Food Production QLD ( Safe Food ) is established.\n(sec.13-ssec.2) Safe Food— is a body corporate; and has a seal; and may sue and be sued in its corporate name.\n(sec.13-ssec.3) Safe Food does not represent the State.\n- (a) is a body corporate; and\n- (b) has a seal; and\n- (c) may sue and be sued in its corporate name.","sortOrder":18},{"sectionNumber":"sec.14","sectionType":"section","heading":"Functions","content":"### sec.14 Functions\n\nThe functions of Safe Food are as follows—\nto regulate, under food safety schemes, the production of primary produce to ensure primary produce is safe for human and animal consumption;\nto advise, or make recommendations to, the Minister about—\nfood safety matters relating to the production of primary produce; and\nthe development or implementation of food safety schemes;\nto monitor the hygiene and operating procedures of premises, vehicles, plant and equipment used for production of primary produce;\nto encourage businesses engaged in the production of primary produce—\nto minimise food safety risks by developing and maintaining food safety programs; and\nto develop and adopt quality assurance measures for the primary produce;\nto approve or audit quality assurance measures mentioned in paragraph (d) (ii) ;\nto approve food safety programs;\nto grant accreditations;\nto approve and train individuals to conduct audits to monitor compliance with food safety schemes;\nto review audits mentioned in paragraph (h) ;\nto commission research relating to food safety matters for primary produce.\ns 14 amd 2002 No. 49 s 24\n- (a) to regulate, under food safety schemes, the production of primary produce to ensure primary produce is safe for human and animal consumption;\n- (b) to advise, or make recommendations to, the Minister about— (i) food safety matters relating to the production of primary produce; and (ii) the development or implementation of food safety schemes;\n- (i) food safety matters relating to the production of primary produce; and\n- (ii) the development or implementation of food safety schemes;\n- (c) to monitor the hygiene and operating procedures of premises, vehicles, plant and equipment used for production of primary produce;\n- (d) to encourage businesses engaged in the production of primary produce— (i) to minimise food safety risks by developing and maintaining food safety programs; and (ii) to develop and adopt quality assurance measures for the primary produce;\n- (i) to minimise food safety risks by developing and maintaining food safety programs; and\n- (ii) to develop and adopt quality assurance measures for the primary produce;\n- (e) to approve or audit quality assurance measures mentioned in paragraph (d) (ii) ;\n- (f) to approve food safety programs;\n- (g) to grant accreditations;\n- (h) to approve and train individuals to conduct audits to monitor compliance with food safety schemes;\n- (i) to review audits mentioned in paragraph (h) ;\n- (j) to commission research relating to food safety matters for primary produce.\n- (i) food safety matters relating to the production of primary produce; and\n- (ii) the development or implementation of food safety schemes;\n- (i) to minimise food safety risks by developing and maintaining food safety programs; and\n- (ii) to develop and adopt quality assurance measures for the primary produce;","sortOrder":19},{"sectionNumber":"sec.15","sectionType":"section","heading":"General powers","content":"### sec.15 General powers\n\nSafe Food has all the powers of an individual and may, for example, do the following—\nenter into contracts;\nacquire, hold, deal with, and dispose of, property;\nappoint and act through agents and attorneys;\nemploy staff and engage consultants;\ncharge for services and facilities it supplies;\njoin and participate in industry associations;\ndo anything else necessary or convenient to be done for, or in connection with, the performance of its functions.\nWithout limiting subsection (1) , Safe Food has the powers given to it under this or another Act.\nHowever, Safe Food may not acquire shares or another interest in an entity holding an accreditation under this Act.\nSafe Food may exercise its powers inside or outside Queensland, including outside Australia.\n(sec.15-ssec.1) Safe Food has all the powers of an individual and may, for example, do the following— enter into contracts; acquire, hold, deal with, and dispose of, property; appoint and act through agents and attorneys; employ staff and engage consultants; charge for services and facilities it supplies; join and participate in industry associations; do anything else necessary or convenient to be done for, or in connection with, the performance of its functions.\n(sec.15-ssec.2) Without limiting subsection (1) , Safe Food has the powers given to it under this or another Act.\n(sec.15-ssec.3) However, Safe Food may not acquire shares or another interest in an entity holding an accreditation under this Act.\n(sec.15-ssec.4) Safe Food may exercise its powers inside or outside Queensland, including outside Australia.\n- (a) enter into contracts;\n- (b) acquire, hold, deal with, and dispose of, property;\n- (c) appoint and act through agents and attorneys;\n- (d) employ staff and engage consultants;\n- (e) charge for services and facilities it supplies;\n- (f) join and participate in industry associations;\n- (g) do anything else necessary or convenient to be done for, or in connection with, the performance of its functions.","sortOrder":20},{"sectionNumber":"sec.16","sectionType":"section","heading":"Ministerial direction","content":"### sec.16 Ministerial direction\n\nThe Minister may give Safe Food a written direction about the performance of Safe Food’s functions or exercise of its powers, or written notice of a public sector policy, if satisfied it is necessary to give the direction or notice in the public interest.\nSafe Food must ensure the direction or policy is complied with.\nHowever, before giving the direction or notice the Minister must—\nconsult with Safe Food; and\nask Safe Food to advise whether, in its opinion, complying with the direction or notice would not be in its financial interest.\nThe Minister must gazette a copy of the direction or notice within 21 days after the direction or notice is given.\n(sec.16-ssec.1) The Minister may give Safe Food a written direction about the performance of Safe Food’s functions or exercise of its powers, or written notice of a public sector policy, if satisfied it is necessary to give the direction or notice in the public interest.\n(sec.16-ssec.2) Safe Food must ensure the direction or policy is complied with.\n(sec.16-ssec.3) However, before giving the direction or notice the Minister must— consult with Safe Food; and ask Safe Food to advise whether, in its opinion, complying with the direction or notice would not be in its financial interest.\n(sec.16-ssec.4) The Minister must gazette a copy of the direction or notice within 21 days after the direction or notice is given.\n- (a) consult with Safe Food; and\n- (b) ask Safe Food to advise whether, in its opinion, complying with the direction or notice would not be in its financial interest.","sortOrder":21},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"Board of directors","content":"## Board of directors","sortOrder":22},{"sectionNumber":"sec.16A","sectionType":"section","heading":"The board","content":"### sec.16A The board\n\nThere is a board of directors of Safe Food (the board ).\ns 16A ins 2003 No. 82 s 52","sortOrder":23},{"sectionNumber":"sec.16B","sectionType":"section","heading":"Role of board","content":"### sec.16B Role of board\n\nThe board is responsible for the way in which Safe Food performs its functions and exercises its powers.\nWithout limiting subsection (1) , it is the board’s role—\nto decide the strategies and the operational, administrative and financial policies to be followed by Safe Food; and\nto receive advice or recommendations from an advisory committee, and make recommendations to the Minister, about the level and structure of fees proposed to be included in a food safety scheme; and\nto ensure Safe Food performs its functions in a proper, effective and efficient way; and\nto review annually the performance of its chief executive officer.\ns 16B ins 2003 No. 82 s 52\namd 2020 No. 3 s 99\n(sec.16B-ssec.1) The board is responsible for the way in which Safe Food performs its functions and exercises its powers.\n(sec.16B-ssec.2) Without limiting subsection (1) , it is the board’s role— to decide the strategies and the operational, administrative and financial policies to be followed by Safe Food; and to receive advice or recommendations from an advisory committee, and make recommendations to the Minister, about the level and structure of fees proposed to be included in a food safety scheme; and to ensure Safe Food performs its functions in a proper, effective and efficient way; and to review annually the performance of its chief executive officer.\n- (a) to decide the strategies and the operational, administrative and financial policies to be followed by Safe Food; and\n- (b) to receive advice or recommendations from an advisory committee, and make recommendations to the Minister, about the level and structure of fees proposed to be included in a food safety scheme; and\n- (c) to ensure Safe Food performs its functions in a proper, effective and efficient way; and\n- (d) to review annually the performance of its chief executive officer.","sortOrder":24},{"sectionNumber":"sec.16C","sectionType":"section","heading":"Composition of board","content":"### sec.16C Composition of board\n\nThe board consists of the following persons ( directors )—\nthe chief executive;\nthe health chief executive;\nnot more than 3 persons, appointed by the Governor in Council, who have qualifications or experience in at least 1 of the following areas—\nfinance or financial administration;\nfood safety;\nlaw;\npublic administration;\nrepresenting the interests of consumers.\nThe Governor in Council must appoint 1 of the directors appointed under subsection (1) (c) as the chairperson.\ns 16C ins 2003 No. 82 s 52\n(sec.16C-ssec.1) The board consists of the following persons ( directors )— the chief executive; the health chief executive; not more than 3 persons, appointed by the Governor in Council, who have qualifications or experience in at least 1 of the following areas— finance or financial administration; food safety; law; public administration; representing the interests of consumers.\n(sec.16C-ssec.2) The Governor in Council must appoint 1 of the directors appointed under subsection (1) (c) as the chairperson.\n- (a) the chief executive;\n- (b) the health chief executive;\n- (c) not more than 3 persons, appointed by the Governor in Council, who have qualifications or experience in at least 1 of the following areas— (i) finance or financial administration; (ii) food safety; (iii) law; (iv) public administration; (v) representing the interests of consumers.\n- (i) finance or financial administration;\n- (ii) food safety;\n- (iii) law;\n- (iv) public administration;\n- (v) representing the interests of consumers.\n- (i) finance or financial administration;\n- (ii) food safety;\n- (iii) law;\n- (iv) public administration;\n- (v) representing the interests of consumers.","sortOrder":25},{"sectionNumber":"sec.16D","sectionType":"section","heading":"Chairperson to report to Minister","content":"### sec.16D Chairperson to report to Minister\n\nThe chairperson must report to the Minister on the performance of Safe Food’s functions or the exercise of its powers.\nA report must be given—\nwithin 1 month after the end of each quarter; and\nat any other time at the Minister’s request.\nAlso, the chairperson must, immediately after becoming aware of a matter the chairperson is satisfied may adversely affect Safe Food’s ability to perform its functions, report the matter to the Minister.\nIn subsection (2) —\nquarter means the 3 month period ending on 31 March, 30 June, 30 September or 31 December.\ns 16D ins 2003 No. 82 s 52\n(sec.16D-ssec.1) The chairperson must report to the Minister on the performance of Safe Food’s functions or the exercise of its powers.\n(sec.16D-ssec.2) A report must be given— within 1 month after the end of each quarter; and at any other time at the Minister’s request.\n(sec.16D-ssec.3) Also, the chairperson must, immediately after becoming aware of a matter the chairperson is satisfied may adversely affect Safe Food’s ability to perform its functions, report the matter to the Minister.\n(sec.16D-ssec.4) In subsection (2) — quarter means the 3 month period ending on 31 March, 30 June, 30 September or 31 December.\n- (a) within 1 month after the end of each quarter; and\n- (b) at any other time at the Minister’s request.","sortOrder":26},{"sectionNumber":"sec.16E","sectionType":"section","heading":"Chairperson to give business plan to Minister","content":"### sec.16E Chairperson to give business plan to Minister\n\nThe chairperson must give the Minister a copy of each business plan, prepared by the chief executive officer, by 30 April in the year for which the plan is prepared.\nThe chairperson must not give a copy of a business plan to the Minister unless the board has approved the business plan.\ns 16E ins 2003 No. 82 s 52\n(sec.16E-ssec.1) The chairperson must give the Minister a copy of each business plan, prepared by the chief executive officer, by 30 April in the year for which the plan is prepared.\n(sec.16E-ssec.2) The chairperson must not give a copy of a business plan to the Minister unless the board has approved the business plan.","sortOrder":27},{"sectionNumber":"sec.16EA","sectionType":"section","heading":"Acting chairperson","content":"### sec.16EA Acting chairperson\n\nThe Minister may appoint a director to act as the chairperson of the board during—\nany vacancy, or all vacancies, in the office of the chairperson; or\nany period, or all periods, when the chairperson is absent from duty, or cannot, for another reason, perform the duties of the office.\nSubsection (1) does not affect the application of the Acts Interpretation Act 1954 , section 24B or 25 for the appointment.\ns 16EA ins 2020 No. 3 s 100\n(sec.16EA-ssec.1) The Minister may appoint a director to act as the chairperson of the board during— any vacancy, or all vacancies, in the office of the chairperson; or any period, or all periods, when the chairperson is absent from duty, or cannot, for another reason, perform the duties of the office.\n(sec.16EA-ssec.2) Subsection (1) does not affect the application of the Acts Interpretation Act 1954 , section 24B or 25 for the appointment.\n- (a) any vacancy, or all vacancies, in the office of the chairperson; or\n- (b) any period, or all periods, when the chairperson is absent from duty, or cannot, for another reason, perform the duties of the office.","sortOrder":28},{"sectionNumber":"sec.16F","sectionType":"section","heading":"Additional provisions about board","content":"### sec.16F Additional provisions about board\n\nAdditional provisions about the board are in schedule 1 .\ns 16F ins 2003 No. 82 s 52","sortOrder":29},{"sectionNumber":"pt.2-div.3","sectionType":"division","heading":"Chief executive officer of Safe Food","content":"## Chief executive officer of Safe Food","sortOrder":30},{"sectionNumber":"sec.17","sectionType":"section","heading":"Appointment of chief executive officer","content":"### sec.17 Appointment of chief executive officer\n\nSafe Food’s chief executive officer is to be appointed by the Governor in Council on the recommendation of Safe Food’s board.\nThe chief executive officer is to be appointed for a term of no more than 5 years.\ns 17 amd 2003 No. 82 s 54\n(sec.17-ssec.1) Safe Food’s chief executive officer is to be appointed by the Governor in Council on the recommendation of Safe Food’s board.\n(sec.17-ssec.2) The chief executive officer is to be appointed for a term of no more than 5 years.","sortOrder":31},{"sectionNumber":"sec.18","sectionType":"section","heading":"Conditions of appointment","content":"### sec.18 Conditions of appointment\n\nThe chief executive officer holds office on the conditions not provided for by this Act that are decided by the board.\ns 18 amd 2003 No. 82 s 55","sortOrder":32},{"sectionNumber":"sec.19","sectionType":"section","heading":"Qualifications for appointment","content":"### sec.19 Qualifications for appointment\n\nThe board may, under section 17 , recommend a person to be appointed as chief executive officer of Safe Food only if the board is satisfied the person has the necessary experience or expertise to be the chief executive officer.\nA person is not qualified to be or to continue as the chief executive officer if the person—\nis an undischarged bankrupt or is taking advantage of the laws in force for the time being relating to bankrupt or insolvent debtors; or\nis, or has been, convicted of an indictable offence; or\nbecomes incapable of performing the duties of the chief executive officer because of physical or mental incapacity; or\nis not able to manage a corporation because of the Corporations Act , part 2D.6 ; or\nis named in the register held by the Australian Securities and Investments Commission under the Corporations Act , section 1274AA .\ns 19 amd 2001 No. 45 s 29 sch 3 ; 2003 No. 82 s 56\n(sec.19-ssec.1) The board may, under section 17 , recommend a person to be appointed as chief executive officer of Safe Food only if the board is satisfied the person has the necessary experience or expertise to be the chief executive officer.\n(sec.19-ssec.2) A person is not qualified to be or to continue as the chief executive officer if the person— is an undischarged bankrupt or is taking advantage of the laws in force for the time being relating to bankrupt or insolvent debtors; or is, or has been, convicted of an indictable offence; or becomes incapable of performing the duties of the chief executive officer because of physical or mental incapacity; or is not able to manage a corporation because of the Corporations Act , part 2D.6 ; or is named in the register held by the Australian Securities and Investments Commission under the Corporations Act , section 1274AA .\n- (a) is an undischarged bankrupt or is taking advantage of the laws in force for the time being relating to bankrupt or insolvent debtors; or\n- (b) is, or has been, convicted of an indictable offence; or\n- (c) becomes incapable of performing the duties of the chief executive officer because of physical or mental incapacity; or\n- (d) is not able to manage a corporation because of the Corporations Act , part 2D.6 ; or\n- (e) is named in the register held by the Australian Securities and Investments Commission under the Corporations Act , section 1274AA .","sortOrder":33},{"sectionNumber":"sec.20","sectionType":"section","heading":"Vacation of office","content":"### sec.20 Vacation of office\n\nThe office of the chief executive officer becomes vacant if the chief executive officer—\ndies; or\nresigns office by notice given to the Minister; or\nceases to be qualified to be the chief executive officer.\n- (a) dies; or\n- (b) resigns office by notice given to the Minister; or\n- (c) ceases to be qualified to be the chief executive officer.","sortOrder":34},{"sectionNumber":"sec.20A","sectionType":"section","heading":"Acting chief executive officer","content":"### sec.20A Acting chief executive officer\n\nThe board may appoint a person, who is eligible for appointment as chief executive officer, to act in the office of Safe Food’s chief executive officer during—\nany vacancy, or all vacancies, in the office; or\nany period, or all periods, when the chief executive officer is absent from duty, or cannot, for another reason, perform the duties of the office.\nSubsection (1) does not affect the application of the Acts Interpretation Act 1954 , section 24B or 25 for the appointment.\ns 20A ins 2020 No. 3 s 101\n(sec.20A-ssec.1) The board may appoint a person, who is eligible for appointment as chief executive officer, to act in the office of Safe Food’s chief executive officer during— any vacancy, or all vacancies, in the office; or any period, or all periods, when the chief executive officer is absent from duty, or cannot, for another reason, perform the duties of the office.\n(sec.20A-ssec.2) Subsection (1) does not affect the application of the Acts Interpretation Act 1954 , section 24B or 25 for the appointment.\n- (a) any vacancy, or all vacancies, in the office; or\n- (b) any period, or all periods, when the chief executive officer is absent from duty, or cannot, for another reason, perform the duties of the office.","sortOrder":35},{"sectionNumber":"pt.2-div.4","sectionType":"division","heading":"Responsibilities of chief executive officer and other matters about Safe Food","content":"## Responsibilities of chief executive officer and other matters about Safe Food","sortOrder":36},{"sectionNumber":"sec.21","sectionType":"section","heading":"Responsibilities of chief executive officer","content":"### sec.21 Responsibilities of chief executive officer\n\nThe chief executive officer must—\nmanage the affairs of Safe Food in accordance with the strategies and operational, administrative and financial policies decided by the board; and\nreport to the board about the implementation of the strategies and policies; and\nadvise the board about the activities of any advisory committee; and\nadvise the board about progress in the development of food safety schemes and related food safety policies.\nWithout limiting subsection (1) , the chief executive officer must—\nprepare a business plan for each year; and\ngive the plan to the board by 31 March in the year for which the plan is prepared.\nThe business plan must cover Safe Food’s operations for the year in which the plan is prepared and the 2 following years.\nThe business plan must include details of the following matters for the period covered by the plan—\nthe food safety schemes under this Act, and any food safety schemes being developed, including, for example, projected cost structures and funding arrangements for each scheme;\nSafe Food’s funding arrangements for food safety activities carried out by Safe Food other than in connection with a food safety scheme;\nSafe Food’s administrative costs;\nthe projected funding required from the State to ensure compliance with this Act;\nhow Safe Food intends to ensure its activities in connection with food safety schemes are managed on a cost-recovery basis.\ns 21 amd 2003 No. 82 s 57 ; 2020 No. 3 s 102\n(sec.21-ssec.1) The chief executive officer must— manage the affairs of Safe Food in accordance with the strategies and operational, administrative and financial policies decided by the board; and report to the board about the implementation of the strategies and policies; and advise the board about the activities of any advisory committee; and advise the board about progress in the development of food safety schemes and related food safety policies.\n(sec.21-ssec.2) Without limiting subsection (1) , the chief executive officer must— prepare a business plan for each year; and give the plan to the board by 31 March in the year for which the plan is prepared.\n(sec.21-ssec.3) The business plan must cover Safe Food’s operations for the year in which the plan is prepared and the 2 following years.\n(sec.21-ssec.4) The business plan must include details of the following matters for the period covered by the plan— the food safety schemes under this Act, and any food safety schemes being developed, including, for example, projected cost structures and funding arrangements for each scheme; Safe Food’s funding arrangements for food safety activities carried out by Safe Food other than in connection with a food safety scheme; Safe Food’s administrative costs; the projected funding required from the State to ensure compliance with this Act; how Safe Food intends to ensure its activities in connection with food safety schemes are managed on a cost-recovery basis.\n- (a) manage the affairs of Safe Food in accordance with the strategies and operational, administrative and financial policies decided by the board; and\n- (b) report to the board about the implementation of the strategies and policies; and\n- (c) advise the board about the activities of any advisory committee; and\n- (d) advise the board about progress in the development of food safety schemes and related food safety policies.\n- (a) prepare a business plan for each year; and\n- (b) give the plan to the board by 31 March in the year for which the plan is prepared.\n- (a) the food safety schemes under this Act, and any food safety schemes being developed, including, for example, projected cost structures and funding arrangements for each scheme;\n- (b) Safe Food’s funding arrangements for food safety activities carried out by Safe Food other than in connection with a food safety scheme;\n- (c) Safe Food’s administrative costs;\n- (d) the projected funding required from the State to ensure compliance with this Act;\n- (e) how Safe Food intends to ensure its activities in connection with food safety schemes are managed on a cost-recovery basis.","sortOrder":37},{"sectionNumber":"sec.22","sectionType":"section","heading":null,"content":"### Section sec.22\n\ns 22 om 2003 No. 82 s 58","sortOrder":38},{"sectionNumber":"sec.23","sectionType":"section","heading":"Application of other Acts","content":"### sec.23 Application of other Acts\n\nSafe Food is—\na statutory body under the Financial Accountability Act 2009 and the Statutory Bodies Financial Arrangements Act 1982 ; and\na unit of public administration under the Crime and Corruption Act 2001 .\nThe Statutory Bodies Financial Arrangements Act 1982 , part 2B states the way in which Safe Food’s powers under this Act are affected by the Statutory Bodies Financial Arrangements Act 1982 .\ns 23 amd 2001 No. 69 s 378 sch 1 ; 2009 No. 9 s 136 sch 1 ; 2014 No. 21 s 94 (2) sch 2\n(sec.23-ssec.1) Safe Food is— a statutory body under the Financial Accountability Act 2009 and the Statutory Bodies Financial Arrangements Act 1982 ; and a unit of public administration under the Crime and Corruption Act 2001 .\n(sec.23-ssec.2) The Statutory Bodies Financial Arrangements Act 1982 , part 2B states the way in which Safe Food’s powers under this Act are affected by the Statutory Bodies Financial Arrangements Act 1982 .\n- (a) a statutory body under the Financial Accountability Act 2009 and the Statutory Bodies Financial Arrangements Act 1982 ; and\n- (b) a unit of public administration under the Crime and Corruption Act 2001 .","sortOrder":39},{"sectionNumber":"sec.23A","sectionType":"section","heading":"Safe Food’s seal","content":"### sec.23A Safe Food’s seal\n\nSafe Food’s seal must be kept in the custody of the chief executive officer or as directed by the board and may be used only as authorised by the board.\nJudicial notice must be taken of the imprint of Safe Food’s seal appearing on a document and the document must be presumed to have been properly sealed until the contrary is proved.\ns 23A ins 2003 No. 82 s 59\n(sec.23A-ssec.1) Safe Food’s seal must be kept in the custody of the chief executive officer or as directed by the board and may be used only as authorised by the board.\n(sec.23A-ssec.2) Judicial notice must be taken of the imprint of Safe Food’s seal appearing on a document and the document must be presumed to have been properly sealed until the contrary is proved.","sortOrder":40},{"sectionNumber":"sec.23B","sectionType":"section","heading":"Judicial notice of certain signatures","content":"### sec.23B Judicial notice of certain signatures\n\nJudicial notice must be taken of—\nthe official signature of a person who is or has been the chairperson; and\nthe fact that the person holds or has held the office concerned.\ns 23B ins 2003 No. 82 s 59\n- (a) the official signature of a person who is or has been the chairperson; and\n- (b) the fact that the person holds or has held the office concerned.","sortOrder":41},{"sectionNumber":"sec.23C","sectionType":"section","heading":"Authentication of documents","content":"### sec.23C Authentication of documents\n\nA document made by Safe Food, other than a document that is required to be sealed, is sufficiently made if it is signed by—\nthe chairperson; or\nthe chief executive officer; or\nanother person authorised by Safe Food.\nA document made by Safe Food under seal is sufficiently made under seal if it is sealed in the way authorised under section 23A (1) and signed by a person mentioned in subsection (1) .\ns 23C ins 2003 No. 82 s 59\n(sec.23C-ssec.1) A document made by Safe Food, other than a document that is required to be sealed, is sufficiently made if it is signed by— the chairperson; or the chief executive officer; or another person authorised by Safe Food.\n(sec.23C-ssec.2) A document made by Safe Food under seal is sufficiently made under seal if it is sealed in the way authorised under section 23A (1) and signed by a person mentioned in subsection (1) .\n- (a) the chairperson; or\n- (b) the chief executive officer; or\n- (c) another person authorised by Safe Food.","sortOrder":42},{"sectionNumber":"sec.24","sectionType":"section","heading":"Delegation","content":"### sec.24 Delegation\n\nSafe Food may delegate its powers to a committee or employee of Safe Food if satisfied the committee members or employee are appropriately qualified.\nThe chief executive officer of Safe Food may delegate the chief executive officer’s powers, other than a power under section 54 (2) or 69 (2) , to a committee or employee of Safe Food if—\nthe chief executive officer is satisfied the committee members are, or employee is, appropriately qualified; and\nthe board approves the delegation.\nIn this section—\nappropriately qualified , for a committee member or an employee, includes having the qualifications, experience or standing appropriate to exercise the power.\nan employee’s seniority level within the staff of Safe Food\ns 24 amd 2003 No. 82 s 60\n(sec.24-ssec.1) Safe Food may delegate its powers to a committee or employee of Safe Food if satisfied the committee members or employee are appropriately qualified.\n(sec.24-ssec.2) The chief executive officer of Safe Food may delegate the chief executive officer’s powers, other than a power under section 54 (2) or 69 (2) , to a committee or employee of Safe Food if— the chief executive officer is satisfied the committee members are, or employee is, appropriately qualified; and the board approves the delegation.\n(sec.24-ssec.3) In this section— appropriately qualified , for a committee member or an employee, includes having the qualifications, experience or standing appropriate to exercise the power. an employee’s seniority level within the staff of Safe Food\n- (a) the chief executive officer is satisfied the committee members are, or employee is, appropriately qualified; and\n- (b) the board approves the delegation.","sortOrder":43},{"sectionNumber":"pt.3","sectionType":"part","heading":null,"content":"","sortOrder":44},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":null,"content":"","sortOrder":45},{"sectionNumber":"sec.25","sectionType":"section","heading":null,"content":"### Section sec.25\n\ns 25 om 2020 No. 3 s 103","sortOrder":46},{"sectionNumber":"sec.26","sectionType":"section","heading":null,"content":"### Section sec.26\n\ns 26 om 2020 No. 3 s 103","sortOrder":47},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":null,"content":"","sortOrder":48},{"sectionNumber":"sec.27","sectionType":"section","heading":null,"content":"### Section sec.27\n\ns 27 amd 2006 No. 3 s 297 sch 1\nom 2020 No. 3 s 103","sortOrder":49},{"sectionNumber":"sec.28","sectionType":"section","heading":null,"content":"### Section sec.28\n\ns 28 om 2020 No. 3 s 103","sortOrder":50},{"sectionNumber":"sec.29","sectionType":"section","heading":null,"content":"### Section sec.29\n\ns 29 om 2020 No. 3 s 103","sortOrder":51},{"sectionNumber":"pt.3-div.3","sectionType":"division","heading":null,"content":"","sortOrder":52},{"sectionNumber":"sec.30","sectionType":"section","heading":null,"content":"### Section sec.30\n\ns 30 om 2020 No. 3 s 103","sortOrder":53},{"sectionNumber":"sec.31","sectionType":"section","heading":null,"content":"### Section sec.31\n\ns 31 om 2003 No. 82 s 61","sortOrder":54},{"sectionNumber":"sec.32","sectionType":"section","heading":null,"content":"### Section sec.32\n\ns 32 om 2020 No. 3 s 103","sortOrder":55},{"sectionNumber":"sec.33","sectionType":"section","heading":null,"content":"### Section sec.33\n\ns 33 om 2020 No. 3 s 103","sortOrder":56},{"sectionNumber":"sec.34","sectionType":"section","heading":null,"content":"### Section sec.34\n\ns 34 om 2020 No. 3 s 103","sortOrder":57},{"sectionNumber":"sec.35","sectionType":"section","heading":null,"content":"### Section sec.35\n\ns 35 om 2020 No. 3 s 103","sortOrder":58},{"sectionNumber":"sec.36","sectionType":"section","heading":null,"content":"### Section sec.36\n\ns 36 om 2020 No. 3 s 103","sortOrder":59},{"sectionNumber":"sec.37","sectionType":"section","heading":null,"content":"### Section sec.37\n\ns 37 om 2020 No. 3 s 103","sortOrder":60},{"sectionNumber":"pt.3-div.4","sectionType":"division","heading":null,"content":"","sortOrder":61},{"sectionNumber":"sec.38","sectionType":"section","heading":null,"content":"### Section sec.38\n\ns 38 om 2020 No. 3 s 103","sortOrder":62},{"sectionNumber":"pt.4","sectionType":"part","heading":"Food safety schemes and programs","content":"# Food safety schemes and programs","sortOrder":63},{"sectionNumber":"pt.4-div.1","sectionType":"division","heading":"Food safety schemes","content":"## Food safety schemes","sortOrder":64},{"sectionNumber":"sec.39","sectionType":"section","heading":"Making food safety schemes","content":"### sec.39 Making food safety schemes\n\nThe Governor in Council may make a food safety scheme.\nA food safety scheme may be made about any of the following—\nhow production of primary produce is to be carried out, including, for example, the temperatures at which primary produce must be kept;\nthe premises, vehicles, plant or equipment used, or intended to be used, for the production of primary produce;\nprohibiting activities associated with the production of primary produce;\nthe classification, marking or other identification of primary produce;\nthe wholesomeness, testing or analysis of primary produce;\nsanitation, hygiene and the prevention of disease in primary produce;\nthe blending or mixing of dairy produce or meat with any other thing;\nthe persons who are to have accreditation for the production of primary produce;\nthe preparation and implementation of food safety programs to ensure compliance with the food safety scheme;\nthe auditing and approval of food safety programs mentioned in paragraph (i) ;\nthe recall of primary produce;\nthe qualifications, skills or expertise required of a person to handle primary produce;\nthe giving of information or returns relating to food safety matters to Safe Food;\nreviewing the operation of food safety schemes;\nfees payable to Safe Food;\nthe adoption of standards about food safety;\nany other matter relevant to food safety issues relating to the production of primary produce.\nA food safety scheme is subordinate legislation.\nA food safety scheme may provide that contravention of the scheme is an offence and prescribe a maximum penalty, of not more than 50 penalty units, for the offence.\ns 39 amd 2020 No. 3 s 104\n(sec.39-ssec.1) The Governor in Council may make a food safety scheme.\n(sec.39-ssec.2) A food safety scheme may be made about any of the following— how production of primary produce is to be carried out, including, for example, the temperatures at which primary produce must be kept; the premises, vehicles, plant or equipment used, or intended to be used, for the production of primary produce; prohibiting activities associated with the production of primary produce; the classification, marking or other identification of primary produce; the wholesomeness, testing or analysis of primary produce; sanitation, hygiene and the prevention of disease in primary produce; the blending or mixing of dairy produce or meat with any other thing; the persons who are to have accreditation for the production of primary produce; the preparation and implementation of food safety programs to ensure compliance with the food safety scheme; the auditing and approval of food safety programs mentioned in paragraph (i) ; the recall of primary produce; the qualifications, skills or expertise required of a person to handle primary produce; the giving of information or returns relating to food safety matters to Safe Food; reviewing the operation of food safety schemes; fees payable to Safe Food; the adoption of standards about food safety; any other matter relevant to food safety issues relating to the production of primary produce.\n(sec.39-ssec.3) A food safety scheme is subordinate legislation.\n(sec.39-ssec.4) A food safety scheme may provide that contravention of the scheme is an offence and prescribe a maximum penalty, of not more than 50 penalty units, for the offence.\n- (a) how production of primary produce is to be carried out, including, for example, the temperatures at which primary produce must be kept;\n- (b) the premises, vehicles, plant or equipment used, or intended to be used, for the production of primary produce;\n- (c) prohibiting activities associated with the production of primary produce;\n- (d) the classification, marking or other identification of primary produce;\n- (e) the wholesomeness, testing or analysis of primary produce;\n- (f) sanitation, hygiene and the prevention of disease in primary produce;\n- (g) the blending or mixing of dairy produce or meat with any other thing;\n- (h) the persons who are to have accreditation for the production of primary produce;\n- (i) the preparation and implementation of food safety programs to ensure compliance with the food safety scheme;\n- (j) the auditing and approval of food safety programs mentioned in paragraph (i) ;\n- (k) the recall of primary produce;\n- (l) the qualifications, skills or expertise required of a person to handle primary produce;\n- (m) the giving of information or returns relating to food safety matters to Safe Food;\n- (n) reviewing the operation of food safety schemes;\n- (o) fees payable to Safe Food;\n- (p) the adoption of standards about food safety;\n- (q) any other matter relevant to food safety issues relating to the production of primary produce.","sortOrder":65},{"sectionNumber":"sec.40","sectionType":"section","heading":"Contents of food safety schemes","content":"### sec.40 Contents of food safety schemes\n\nA food safety scheme must state the following—\nthe primary produce to which the scheme applies;\nwho must be accredited under the scheme and who must comply with the scheme;\nwho must prepare and maintain a food safety program under the scheme;\nthe aspects of the production of primary produce to which the scheme applies;\nthe auditing requirements under the scheme.\nWithout limiting subsection (1) , a food safety scheme may—\nstate whether a person may engage in the production of primary produce to which the scheme applies without an approved food safety program; and\nidentify a standard about food safety applying to an industry to which the scheme relates, including, for example, a standard about food hygiene practices, training for safe food handling and operating procedures for plant and equipment used in the industry.\n(sec.40-ssec.1) A food safety scheme must state the following— the primary produce to which the scheme applies; who must be accredited under the scheme and who must comply with the scheme; who must prepare and maintain a food safety program under the scheme; the aspects of the production of primary produce to which the scheme applies; the auditing requirements under the scheme.\n(sec.40-ssec.2) Without limiting subsection (1) , a food safety scheme may— state whether a person may engage in the production of primary produce to which the scheme applies without an approved food safety program; and identify a standard about food safety applying to an industry to which the scheme relates, including, for example, a standard about food hygiene practices, training for safe food handling and operating procedures for plant and equipment used in the industry.\n- (a) the primary produce to which the scheme applies;\n- (b) who must be accredited under the scheme and who must comply with the scheme;\n- (c) who must prepare and maintain a food safety program under the scheme;\n- (d) the aspects of the production of primary produce to which the scheme applies;\n- (e) the auditing requirements under the scheme.\n- (a) state whether a person may engage in the production of primary produce to which the scheme applies without an approved food safety program; and\n- (b) identify a standard about food safety applying to an industry to which the scheme relates, including, for example, a standard about food hygiene practices, training for safe food handling and operating procedures for plant and equipment used in the industry.","sortOrder":66},{"sectionNumber":"pt.4-div.2","sectionType":"division","heading":"Food safety programs","content":"## Food safety programs","sortOrder":67},{"sectionNumber":"sec.41","sectionType":"section","heading":"Food safety programs","content":"### sec.41 Food safety programs\n\nThis section applies to a person who must prepare and maintain a food safety program under a food safety scheme.\nThe food safety program must—\nidentify significant food safety hazards associated with the production of primary produce carried out by the person; and\nstate how the hazards are to be monitored and controlled; and\nstate how hygienic and safe conditions for the primary produce are to be monitored and maintained; and\nstate how often the program is to be reviewed by the person; and\ncontain details about the provision of training for staff, if any, who deal with the primary produce; and\ncontain any other information prescribed under the food safety scheme.\nThe person must keep a copy of the food safety program at each place to which the program relates.\nMaximum penalty—50 penalty units.\n(sec.41-ssec.1) This section applies to a person who must prepare and maintain a food safety program under a food safety scheme.\n(sec.41-ssec.2) The food safety program must— identify significant food safety hazards associated with the production of primary produce carried out by the person; and state how the hazards are to be monitored and controlled; and state how hygienic and safe conditions for the primary produce are to be monitored and maintained; and state how often the program is to be reviewed by the person; and contain details about the provision of training for staff, if any, who deal with the primary produce; and contain any other information prescribed under the food safety scheme.\n(sec.41-ssec.3) The person must keep a copy of the food safety program at each place to which the program relates. Maximum penalty—50 penalty units.\n- (a) identify significant food safety hazards associated with the production of primary produce carried out by the person; and\n- (b) state how the hazards are to be monitored and controlled; and\n- (c) state how hygienic and safe conditions for the primary produce are to be monitored and maintained; and\n- (d) state how often the program is to be reviewed by the person; and\n- (e) contain details about the provision of training for staff, if any, who deal with the primary produce; and\n- (f) contain any other information prescribed under the food safety scheme.","sortOrder":68},{"sectionNumber":"pt.5","sectionType":"part","heading":"Accreditation","content":"# Accreditation","sortOrder":69},{"sectionNumber":"pt.5-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":70},{"sectionNumber":"sec.42","sectionType":"section","heading":"Purpose of accreditation system","content":"### sec.42 Purpose of accreditation system\n\nThe purpose of the accreditation system established under this part is to ensure the production of primary produce is carried out in a way that makes the primary produce safe for human and animal consumption.","sortOrder":71},{"sectionNumber":"sec.43","sectionType":"section","heading":"Authority given by accreditation","content":"### sec.43 Authority given by accreditation\n\nAn accreditation authorises the holder of the accreditation to produce primary produce—\nstated in the accreditation; and\non the conditions stated in the accreditation and under this Act.\nThe accreditation does not authorise the holder of the accreditation to do anything prohibited under another Act.\n(sec.43-ssec.1) An accreditation authorises the holder of the accreditation to produce primary produce— stated in the accreditation; and on the conditions stated in the accreditation and under this Act.\n(sec.43-ssec.2) The accreditation does not authorise the holder of the accreditation to do anything prohibited under another Act.\n- (a) stated in the accreditation; and\n- (b) on the conditions stated in the accreditation and under this Act.","sortOrder":72},{"sectionNumber":"pt.5-div.2","sectionType":"division","heading":"Obtaining accreditation","content":"## Obtaining accreditation","sortOrder":73},{"sectionNumber":"sec.44","sectionType":"section","heading":"Application for grant or renewal of accreditations","content":"### sec.44 Application for grant or renewal of accreditations\n\nA person may apply to Safe Food for an accreditation or renewal of an accreditation.\nThe application must be—\nin the approved form; and\naccompanied by the following—\nthe prescribed fee;\na description of the activities carried out, or proposed to be carried out, by the applicant in connection with the production of primary produce;\na description of the premises, vehicles, plant or equipment used, or proposed to be used, by the applicant for the activities mentioned in subparagraph (ii) ;\nif the applicant is required under a food safety scheme to prepare and maintain a food safety program for the activities, a copy of the food safety program.\n(sec.44-ssec.1) A person may apply to Safe Food for an accreditation or renewal of an accreditation.\n(sec.44-ssec.2) The application must be— in the approved form; and accompanied by the following— the prescribed fee; a description of the activities carried out, or proposed to be carried out, by the applicant in connection with the production of primary produce; a description of the premises, vehicles, plant or equipment used, or proposed to be used, by the applicant for the activities mentioned in subparagraph (ii) ; if the applicant is required under a food safety scheme to prepare and maintain a food safety program for the activities, a copy of the food safety program.\n- (a) in the approved form; and\n- (b) accompanied by the following— (i) the prescribed fee; (ii) a description of the activities carried out, or proposed to be carried out, by the applicant in connection with the production of primary produce; (iii) a description of the premises, vehicles, plant or equipment used, or proposed to be used, by the applicant for the activities mentioned in subparagraph (ii) ; (iv) if the applicant is required under a food safety scheme to prepare and maintain a food safety program for the activities, a copy of the food safety program.\n- (i) the prescribed fee;\n- (ii) a description of the activities carried out, or proposed to be carried out, by the applicant in connection with the production of primary produce;\n- (iii) a description of the premises, vehicles, plant or equipment used, or proposed to be used, by the applicant for the activities mentioned in subparagraph (ii) ;\n- (iv) if the applicant is required under a food safety scheme to prepare and maintain a food safety program for the activities, a copy of the food safety program.\n- (i) the prescribed fee;\n- (ii) a description of the activities carried out, or proposed to be carried out, by the applicant in connection with the production of primary produce;\n- (iii) a description of the premises, vehicles, plant or equipment used, or proposed to be used, by the applicant for the activities mentioned in subparagraph (ii) ;\n- (iv) if the applicant is required under a food safety scheme to prepare and maintain a food safety program for the activities, a copy of the food safety program.","sortOrder":74},{"sectionNumber":"sec.45","sectionType":"section","heading":"Additional information for applications","content":"### sec.45 Additional information for applications\n\nSafe Food may, by written notice, ask the applicant to—\ngive it further reasonable information or documents about the application by the reasonable date stated in the notice; or\nallow an authorised officer to inspect premises, vehicles, plant or equipment used, or proposed to be used, by the applicant.\nSafe Food may refuse the application if the applicant does not give it the further information or documents by the stated day, or allow the inspection, without reasonable excuse.\nIf Safe Food agrees, the applicant may amend the application before Safe Food has finished considering it.\n(sec.45-ssec.1) Safe Food may, by written notice, ask the applicant to— give it further reasonable information or documents about the application by the reasonable date stated in the notice; or allow an authorised officer to inspect premises, vehicles, plant or equipment used, or proposed to be used, by the applicant.\n(sec.45-ssec.2) Safe Food may refuse the application if the applicant does not give it the further information or documents by the stated day, or allow the inspection, without reasonable excuse.\n(sec.45-ssec.3) If Safe Food agrees, the applicant may amend the application before Safe Food has finished considering it.\n- (a) give it further reasonable information or documents about the application by the reasonable date stated in the notice; or\n- (b) allow an authorised officer to inspect premises, vehicles, plant or equipment used, or proposed to be used, by the applicant.","sortOrder":75},{"sectionNumber":"sec.46","sectionType":"section","heading":"Deciding applications","content":"### sec.46 Deciding applications\n\nSafe Food must consider the application and either grant or renew the accreditation, with or without conditions, or refuse the application.\nHowever, Safe Food may also grant a temporary accreditation under section 47 .\n(sec.46-ssec.1) Safe Food must consider the application and either grant or renew the accreditation, with or without conditions, or refuse the application.\n(sec.46-ssec.2) However, Safe Food may also grant a temporary accreditation under section 47 .","sortOrder":76},{"sectionNumber":"sec.47","sectionType":"section","heading":"Temporary accreditations","content":"### sec.47 Temporary accreditations\n\nBefore Safe Food grants an accreditation under section 46 (1) , it may grant to the applicant a temporary accreditation.\nThe temporary accreditation remains in force until the earlier of the following happens—\nthe end of the period stated in the temporary accreditation;\nthe accreditation applied for is granted, or the application is refused, under section 46 (1) .\nThe stated period must not be more than 2 months after the grant of the temporary accreditation.\nA reference in this Act to an accreditation includes a reference to a temporary accreditation.\n(sec.47-ssec.1) Before Safe Food grants an accreditation under section 46 (1) , it may grant to the applicant a temporary accreditation.\n(sec.47-ssec.2) The temporary accreditation remains in force until the earlier of the following happens— the end of the period stated in the temporary accreditation; the accreditation applied for is granted, or the application is refused, under section 46 (1) .\n(sec.47-ssec.3) The stated period must not be more than 2 months after the grant of the temporary accreditation.\n(sec.47-ssec.4) A reference in this Act to an accreditation includes a reference to a temporary accreditation.\n- (a) the end of the period stated in the temporary accreditation;\n- (b) the accreditation applied for is granted, or the application is refused, under section 46 (1) .","sortOrder":77},{"sectionNumber":"sec.48","sectionType":"section","heading":"Grant or renewal of accreditations","content":"### sec.48 Grant or renewal of accreditations\n\nIf Safe Food decides to grant or renew the accreditation, it must, within 14 days after making the decision, give the applicant—\nthe accreditation; and\nif Safe Food decides to impose conditions on the accreditation, an information notice for the decision.\nThe accreditation must state the place at which the applicant may produce the primary produce stated in the accreditation.\nIf the applicant must prepare and maintain a food safety program under a food safety scheme, Safe Food may grant or renew the accreditation only if satisfied the applicant’s food safety program complies with the food safety scheme.\nIf Safe Food grants the accreditation, the applicant’s food safety program becomes the approved food safety program for the accreditation.\ns 48 amd 2009 No. 24 s 540\n(sec.48-ssec.1) If Safe Food decides to grant or renew the accreditation, it must, within 14 days after making the decision, give the applicant— the accreditation; and if Safe Food decides to impose conditions on the accreditation, an information notice for the decision.\n(sec.48-ssec.2) The accreditation must state the place at which the applicant may produce the primary produce stated in the accreditation.\n(sec.48-ssec.3) If the applicant must prepare and maintain a food safety program under a food safety scheme, Safe Food may grant or renew the accreditation only if satisfied the applicant’s food safety program complies with the food safety scheme.\n(sec.48-ssec.4) If Safe Food grants the accreditation, the applicant’s food safety program becomes the approved food safety program for the accreditation.\n- (a) the accreditation; and\n- (b) if Safe Food decides to impose conditions on the accreditation, an information notice for the decision.","sortOrder":78},{"sectionNumber":"sec.49","sectionType":"section","heading":"Refusal of applications","content":"### sec.49 Refusal of applications\n\nIf Safe Food decides to refuse the application, it must, within 14 days after making the decision, give the applicant an information notice for the decision.\ns 49 amd 2009 No. 24 s 541","sortOrder":79},{"sectionNumber":"sec.50","sectionType":"section","heading":"Conditions of accreditations","content":"### sec.50 Conditions of accreditations\n\nSafe Food may impose conditions on the accreditation it decides are reasonable and relevant having regard to the food safety scheme relating to the activities carried out by the applicant in connection with the production of primary produce.\nWithout limiting subsection (1) , the accreditation must state that the accreditation holder must—\ncomply with the food safety scheme; and\nallow an auditor to enter the place stated in the accreditation to conduct an audit under this Act.\nThe accreditation must also state the fees or other charges payable to Safe Food under the accreditation.\nThe accreditation remains in force, unless sooner cancelled or suspended, for a period prescribed under a regulation.\n(sec.50-ssec.1) Safe Food may impose conditions on the accreditation it decides are reasonable and relevant having regard to the food safety scheme relating to the activities carried out by the applicant in connection with the production of primary produce.\n(sec.50-ssec.2) Without limiting subsection (1) , the accreditation must state that the accreditation holder must— comply with the food safety scheme; and allow an auditor to enter the place stated in the accreditation to conduct an audit under this Act.\n(sec.50-ssec.3) The accreditation must also state the fees or other charges payable to Safe Food under the accreditation.\n(sec.50-ssec.4) The accreditation remains in force, unless sooner cancelled or suspended, for a period prescribed under a regulation.\n- (a) comply with the food safety scheme; and\n- (b) allow an auditor to enter the place stated in the accreditation to conduct an audit under this Act.","sortOrder":80},{"sectionNumber":"pt.5-div.3","sectionType":"division","heading":"Amendment, suspension or cancellation of accreditations","content":"## Amendment, suspension or cancellation of accreditations","sortOrder":81},{"sectionNumber":"sec.51","sectionType":"section","heading":"Amendment—grounds","content":"### sec.51 Amendment—grounds\n\nSafe Food may amend an accreditation, including, for example, by adding a further condition to the accreditation—\nwith the written agreement of the accreditation holder; or\nif Safe Food believes the amendment is necessary or desirable to ensure the production of primary produce is carried out in a way that makes the primary produce safe for human or animal consumption and section 53 has been complied with.\n- (a) with the written agreement of the accreditation holder; or\n- (b) if Safe Food believes the amendment is necessary or desirable to ensure the production of primary produce is carried out in a way that makes the primary produce safe for human or animal consumption and section 53 has been complied with.","sortOrder":82},{"sectionNumber":"sec.52","sectionType":"section","heading":"Suspension or cancellation—grounds","content":"### sec.52 Suspension or cancellation—grounds\n\nSafe Food may suspend or cancel an accreditation if the chief executive officer believes on reasonable grounds—\nthe accreditation was granted in error or because of a materially false or fraudulent document, statement or representation; or\nthe holder of the accreditation—\nhas committed, or is committing, an offence against this Act; or\nhas not complied with a condition of the accreditation; or\nhas not paid a prescribed fee or other amount payable to Safe Food.\n- (a) the accreditation was granted in error or because of a materially false or fraudulent document, statement or representation; or\n- (b) the holder of the accreditation— (i) has committed, or is committing, an offence against this Act; or (ii) has not complied with a condition of the accreditation; or (iii) has not paid a prescribed fee or other amount payable to Safe Food.\n- (i) has committed, or is committing, an offence against this Act; or\n- (ii) has not complied with a condition of the accreditation; or\n- (iii) has not paid a prescribed fee or other amount payable to Safe Food.\n- (i) has committed, or is committing, an offence against this Act; or\n- (ii) has not complied with a condition of the accreditation; or\n- (iii) has not paid a prescribed fee or other amount payable to Safe Food.","sortOrder":83},{"sectionNumber":"sec.53","sectionType":"section","heading":"Amendment, suspension or cancellation—procedure","content":"### sec.53 Amendment, suspension or cancellation—procedure\n\nBefore amending, suspending or cancelling an accreditation, Safe Food must give the holder of the accreditation a written notice inviting the holder to show why the accreditation should not be amended, suspended or cancelled (the proposed action ).\nThe notice must state the following—\nthe proposed action;\nthe grounds for the proposed action;\nthe facts and circumstances forming the basis for the grounds;\nif the proposed action is suspension of the accreditation, the proposed suspension period;\nif the proposed action is to amend the accreditation, the proposed amendment;\nthat representations may be made about the notice;\nhow the representations may be made;\nwhere the representations may be made or sent;\na day and time for making the representations or a period within which the representations must be made.\nThe stated day or period must be, or must end, at least 28 days after the notice is given.\nIf, after considering all representations made within the stated period, the chief executive officer still considers the proposed action should be taken, Safe Food may—\nif the proposed action is to amend the accreditation—amend the accreditation; and\nif the proposed action is to suspend the accreditation—suspend the accreditation for no longer than the proposed suspension period; and\nif the proposed action is to cancel the accreditation—cancel the accreditation or suspend it for a period.\nThis section does not apply if the accreditation is amended under section 51 (a) .\n(sec.53-ssec.1) Before amending, suspending or cancelling an accreditation, Safe Food must give the holder of the accreditation a written notice inviting the holder to show why the accreditation should not be amended, suspended or cancelled (the proposed action ).\n(sec.53-ssec.2) The notice must state the following— the proposed action; the grounds for the proposed action; the facts and circumstances forming the basis for the grounds; if the proposed action is suspension of the accreditation, the proposed suspension period; if the proposed action is to amend the accreditation, the proposed amendment; that representations may be made about the notice; how the representations may be made; where the representations may be made or sent; a day and time for making the representations or a period within which the representations must be made.\n(sec.53-ssec.3) The stated day or period must be, or must end, at least 28 days after the notice is given.\n(sec.53-ssec.4) If, after considering all representations made within the stated period, the chief executive officer still considers the proposed action should be taken, Safe Food may— if the proposed action is to amend the accreditation—amend the accreditation; and if the proposed action is to suspend the accreditation—suspend the accreditation for no longer than the proposed suspension period; and if the proposed action is to cancel the accreditation—cancel the accreditation or suspend it for a period.\n(sec.53-ssec.5) This section does not apply if the accreditation is amended under section 51 (a) .\n- (a) the proposed action;\n- (b) the grounds for the proposed action;\n- (c) the facts and circumstances forming the basis for the grounds;\n- (d) if the proposed action is suspension of the accreditation, the proposed suspension period;\n- (e) if the proposed action is to amend the accreditation, the proposed amendment;\n- (f) that representations may be made about the notice;\n- (g) how the representations may be made;\n- (h) where the representations may be made or sent;\n- (i) a day and time for making the representations or a period within which the representations must be made.\n- (a) if the proposed action is to amend the accreditation—amend the accreditation; and\n- (b) if the proposed action is to suspend the accreditation—suspend the accreditation for no longer than the proposed suspension period; and\n- (c) if the proposed action is to cancel the accreditation—cancel the accreditation or suspend it for a period.","sortOrder":84},{"sectionNumber":"sec.54","sectionType":"section","heading":"Immediate suspension","content":"### sec.54 Immediate suspension\n\nThis section applies if the chief executive officer believes on reasonable grounds the holder of an accreditation has committed, or is committing, a serious food safety offence.\nThe chief executive officer may immediately suspend the accreditation by written notice given to the holder.\nThe notice must state the reason for the decision.\nSafe Food must, within 7 days after the chief executive officer gives the notice under subsection (2) , give the holder a notice under section 53 (2) .\nThe accreditation is suspended under this section until the earlier of the following happens—\nSafe Food gives the holder a notice of Safe Food’s decision under section 53 (4) ;\nthe end of 60 days after the notice under subsection (2) was given to the holder.\n(sec.54-ssec.1) This section applies if the chief executive officer believes on reasonable grounds the holder of an accreditation has committed, or is committing, a serious food safety offence.\n(sec.54-ssec.2) The chief executive officer may immediately suspend the accreditation by written notice given to the holder.\n(sec.54-ssec.3) The notice must state the reason for the decision.\n(sec.54-ssec.4) Safe Food must, within 7 days after the chief executive officer gives the notice under subsection (2) , give the holder a notice under section 53 (2) .\n(sec.54-ssec.5) The accreditation is suspended under this section until the earlier of the following happens— Safe Food gives the holder a notice of Safe Food’s decision under section 53 (4) ; the end of 60 days after the notice under subsection (2) was given to the holder.\n- (a) Safe Food gives the holder a notice of Safe Food’s decision under section 53 (4) ;\n- (b) the end of 60 days after the notice under subsection (2) was given to the holder.","sortOrder":85},{"sectionNumber":"sec.55","sectionType":"section","heading":"Notice and effect of amendment, suspension or cancellation","content":"### sec.55 Notice and effect of amendment, suspension or cancellation\n\nIf Safe Food amends, suspends or cancels an accreditation under section 53 , Safe Food must give the accreditation holder an information notice for the decision to amend, suspend or cancel the accreditation.\nAn amendment takes effect from the day stated in the information notice.\nIf Safe Food suspends the accreditation, it is ineffective during the period of suspension.\nThe suspension—\nmay be for the period Safe Food decides; and\nhas effect from—\nthe day the information notice is given; or\nif a later day is stated in the information notice—the stated day.\nIf Safe Food cancels the accreditation, it ceases to have effect from—\nthe day the information notice is given; or\nif a later day is stated in the information notice—the stated day.\ns 55 amd 2009 No. 24 s 542\n(sec.55-ssec.1) If Safe Food amends, suspends or cancels an accreditation under section 53 , Safe Food must give the accreditation holder an information notice for the decision to amend, suspend or cancel the accreditation.\n(sec.55-ssec.2) An amendment takes effect from the day stated in the information notice.\n(sec.55-ssec.3) If Safe Food suspends the accreditation, it is ineffective during the period of suspension.\n(sec.55-ssec.4) The suspension— may be for the period Safe Food decides; and has effect from— the day the information notice is given; or if a later day is stated in the information notice—the stated day.\n(sec.55-ssec.5) If Safe Food cancels the accreditation, it ceases to have effect from— the day the information notice is given; or if a later day is stated in the information notice—the stated day.\n- (a) may be for the period Safe Food decides; and\n- (b) has effect from— (i) the day the information notice is given; or (ii) if a later day is stated in the information notice—the stated day.\n- (i) the day the information notice is given; or\n- (ii) if a later day is stated in the information notice—the stated day.\n- (i) the day the information notice is given; or\n- (ii) if a later day is stated in the information notice—the stated day.\n- (a) the day the information notice is given; or\n- (b) if a later day is stated in the information notice—the stated day.","sortOrder":86},{"sectionNumber":"sec.56","sectionType":"section","heading":"Return of amended, suspended or cancelled accreditations","content":"### sec.56 Return of amended, suspended or cancelled accreditations\n\nIf Safe Food amends, suspends or cancels an accreditation, it may, by written notice, ask the holder of the accreditation to give the accreditation to Safe Food by the reasonable day stated in the notice.\nThe holder must comply with the notice unless the holder has a reasonable excuse for not complying with it.\nMaximum penalty—40 penalty units.\nAfter amending an accreditation, Safe Food must return it to the holder.\nIf a suspended accreditation is returned to Safe Food, Safe Food must give the accreditation to the holder at the end of the suspension period.\n(sec.56-ssec.1) If Safe Food amends, suspends or cancels an accreditation, it may, by written notice, ask the holder of the accreditation to give the accreditation to Safe Food by the reasonable day stated in the notice.\n(sec.56-ssec.2) The holder must comply with the notice unless the holder has a reasonable excuse for not complying with it. Maximum penalty—40 penalty units.\n(sec.56-ssec.3) After amending an accreditation, Safe Food must return it to the holder.\n(sec.56-ssec.4) If a suspended accreditation is returned to Safe Food, Safe Food must give the accreditation to the holder at the end of the suspension period.","sortOrder":87},{"sectionNumber":"pt.5-div.4","sectionType":"division","heading":"Surrender","content":"## Surrender","sortOrder":88},{"sectionNumber":"sec.57","sectionType":"section","heading":"Surrender of accreditations","content":"### sec.57 Surrender of accreditations\n\nThe holder of an accreditation may surrender the accreditation by written notice given to Safe Food.\nThe accreditation must accompany the notice.\n(sec.57-ssec.1) The holder of an accreditation may surrender the accreditation by written notice given to Safe Food.\n(sec.57-ssec.2) The accreditation must accompany the notice.","sortOrder":89},{"sectionNumber":"pt.6","sectionType":"part","heading":"Auditing","content":"# Auditing","sortOrder":90},{"sectionNumber":"pt.6-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":91},{"sectionNumber":"sec.58","sectionType":"section","heading":"Purpose of auditing system","content":"### sec.58 Purpose of auditing system\n\nThe purpose of the auditing system established under this part is to ensure places and activities associated with the production of primary produce comply with this Act.","sortOrder":92},{"sectionNumber":"sec.59","sectionType":"section","heading":"Auditors’ authority","content":"### sec.59 Auditors’ authority\n\nAn approval as an auditor under this part authorises the holder of the approval to conduct audits under this Act.","sortOrder":93},{"sectionNumber":"pt.6-div.2","sectionType":"division","heading":"Obtaining approval","content":"## Obtaining approval","sortOrder":94},{"sectionNumber":"sec.60","sectionType":"section","heading":"Applications for approval as auditor","content":"### sec.60 Applications for approval as auditor\n\nAn individual may apply to Safe Food for an approval, or renewal of an approval, as an auditor.\nThe application must be—\nin the approved form; and\naccompanied by the prescribed fee.\n(sec.60-ssec.1) An individual may apply to Safe Food for an approval, or renewal of an approval, as an auditor.\n(sec.60-ssec.2) The application must be— in the approved form; and accompanied by the prescribed fee.\n- (a) in the approved form; and\n- (b) accompanied by the prescribed fee.","sortOrder":95},{"sectionNumber":"sec.61","sectionType":"section","heading":"Additional information for applications","content":"### sec.61 Additional information for applications\n\nSafe Food may, by written notice, ask the applicant to give it further reasonable information or documents about the application by the reasonable date stated in the request.\nSafe Food may refuse the application if the applicant does not give it the further information or documents by the stated day, without reasonable excuse.\nIf Safe Food agrees, the applicant may amend the application before Safe Food has finished considering it.\n(sec.61-ssec.1) Safe Food may, by written notice, ask the applicant to give it further reasonable information or documents about the application by the reasonable date stated in the request.\n(sec.61-ssec.2) Safe Food may refuse the application if the applicant does not give it the further information or documents by the stated day, without reasonable excuse.\n(sec.61-ssec.3) If Safe Food agrees, the applicant may amend the application before Safe Food has finished considering it.","sortOrder":96},{"sectionNumber":"sec.62","sectionType":"section","heading":"Deciding applications","content":"### sec.62 Deciding applications\n\nSafe Food must consider the application and either grant or renew the approval, with or without conditions, or refuse the application.\nHowever, Safe Food may grant or renew the approval only if satisfied—\nthe applicant has the necessary expertise or experience to carry out the functions of an auditor; and\nif the Minister has given Safe Food a written notice of a public sector policy relating to the approval of auditors under section 16 (1) , the policy has been complied with.\nWithout limiting subsection (2) , in deciding whether the applicant has the necessary expertise or experience Safe Food may have regard to any guidelines about auditing practices approved by Safe Food.\ns 62 amd 2020 No. 3 s 105\n(sec.62-ssec.1) Safe Food must consider the application and either grant or renew the approval, with or without conditions, or refuse the application.\n(sec.62-ssec.2) However, Safe Food may grant or renew the approval only if satisfied— the applicant has the necessary expertise or experience to carry out the functions of an auditor; and if the Minister has given Safe Food a written notice of a public sector policy relating to the approval of auditors under section 16 (1) , the policy has been complied with.\n(sec.62-ssec.3) Without limiting subsection (2) , in deciding whether the applicant has the necessary expertise or experience Safe Food may have regard to any guidelines about auditing practices approved by Safe Food.\n- (a) the applicant has the necessary expertise or experience to carry out the functions of an auditor; and\n- (b) if the Minister has given Safe Food a written notice of a public sector policy relating to the approval of auditors under section 16 (1) , the policy has been complied with.","sortOrder":97},{"sectionNumber":"sec.63","sectionType":"section","heading":"Grant or renewal of approvals","content":"### sec.63 Grant or renewal of approvals\n\nIf Safe Food decides to grant or renew the approval, it must, within 14 days after making the decision, give the applicant—\nthe approval; and\nif Safe Food imposes conditions on the approval, an information notice for the decision.\ns 63 amd 2009 No. 24 s 543\n- (a) the approval; and\n- (b) if Safe Food imposes conditions on the approval, an information notice for the decision.","sortOrder":98},{"sectionNumber":"sec.64","sectionType":"section","heading":"Refusal of applications","content":"### sec.64 Refusal of applications\n\nIf Safe Food decides to refuse the application, it must, within 14 days after making the decision, give the applicant an information notice for the decision.\ns 64 amd 2009 No. 24 s 544","sortOrder":99},{"sectionNumber":"sec.65","sectionType":"section","heading":"Term of approvals","content":"### sec.65 Term of approvals\n\nAn approval remains in force, unless sooner cancelled or suspended, for 1 year.","sortOrder":100},{"sectionNumber":"pt.6-div.3","sectionType":"division","heading":"Amendment, suspension or cancellation of approvals","content":"## Amendment, suspension or cancellation of approvals","sortOrder":101},{"sectionNumber":"sec.66","sectionType":"section","heading":"Amendment—grounds","content":"### sec.66 Amendment—grounds\n\nSafe Food may amend an approval or add a further condition to the approval—\nwith the written agreement of the approval holder; or\nif Safe Food believes the amendment is necessary or desirable to ensure appropriate auditing of places or activities associated with the production of primary produce and section 68 has been complied with.\n- (a) with the written agreement of the approval holder; or\n- (b) if Safe Food believes the amendment is necessary or desirable to ensure appropriate auditing of places or activities associated with the production of primary produce and section 68 has been complied with.","sortOrder":102},{"sectionNumber":"sec.67","sectionType":"section","heading":"Suspension or cancellation—grounds","content":"### sec.67 Suspension or cancellation—grounds\n\nSafe Food may suspend or cancel an approval if Safe Food believes on reasonable grounds that—\nthe approval was granted in error or because of a materially false or fraudulent document, statement or representation; or\nthe holder of the approval—\nhas committed, or is committing, an offence against this Act; or\nhas, within 5 years, been convicted of an indictable offence; or\nhas not complied with a condition of the approval; or\nhas not paid a prescribed fee or other amount payable to Safe Food.\ns 67 amd 2003 No. 82 s 62\n- (a) the approval was granted in error or because of a materially false or fraudulent document, statement or representation; or\n- (b) the holder of the approval— (i) has committed, or is committing, an offence against this Act; or (ii) has, within 5 years, been convicted of an indictable offence; or (iii) has not complied with a condition of the approval; or (iv) has not paid a prescribed fee or other amount payable to Safe Food.\n- (i) has committed, or is committing, an offence against this Act; or\n- (ii) has, within 5 years, been convicted of an indictable offence; or\n- (iii) has not complied with a condition of the approval; or\n- (iv) has not paid a prescribed fee or other amount payable to Safe Food.\n- (i) has committed, or is committing, an offence against this Act; or\n- (ii) has, within 5 years, been convicted of an indictable offence; or\n- (iii) has not complied with a condition of the approval; or\n- (iv) has not paid a prescribed fee or other amount payable to Safe Food.","sortOrder":103},{"sectionNumber":"sec.68","sectionType":"section","heading":"Amendment, suspension or cancellation—procedure","content":"### sec.68 Amendment, suspension or cancellation—procedure\n\nBefore amending, suspending or cancelling an approval, Safe Food must give the holder of the approval a written notice inviting the holder to show why the approval should not be amended, suspended or cancelled (the proposed action ).\nThe notice must state the following—\nthe proposed action;\nthe grounds for the proposed action;\nthe facts and circumstances that are the basis for the grounds;\nif the proposed action is suspension of the approval, the proposed suspension period;\nif the proposed action is to amend the approval, the proposed amendment;\nthat representations may be made about the notice;\nhow the representations may be made;\nwhere the representations may be made or sent;\na day and time for making the representations or a period within which the representations must be made.\nThe stated day or period must be, or must end, at least 28 days after the notice is given.\nIf, after considering all representations made within the stated period, the chief executive officer still considers the proposed action should be taken, Safe Food may—\nif the proposed action is to amend the approval—amend the approval; and\nif the proposed action is to suspend the approval—suspend the approval for no longer than the proposed suspension period; and\nif the proposed action is to cancel the approval—cancel the approval or suspend it for a period.\nThis subsection does not apply if an approval is amended under section 66 (a) .\n(sec.68-ssec.1) Before amending, suspending or cancelling an approval, Safe Food must give the holder of the approval a written notice inviting the holder to show why the approval should not be amended, suspended or cancelled (the proposed action ).\n(sec.68-ssec.2) The notice must state the following— the proposed action; the grounds for the proposed action; the facts and circumstances that are the basis for the grounds; if the proposed action is suspension of the approval, the proposed suspension period; if the proposed action is to amend the approval, the proposed amendment; that representations may be made about the notice; how the representations may be made; where the representations may be made or sent; a day and time for making the representations or a period within which the representations must be made.\n(sec.68-ssec.3) The stated day or period must be, or must end, at least 28 days after the notice is given.\n(sec.68-ssec.4) If, after considering all representations made within the stated period, the chief executive officer still considers the proposed action should be taken, Safe Food may— if the proposed action is to amend the approval—amend the approval; and if the proposed action is to suspend the approval—suspend the approval for no longer than the proposed suspension period; and if the proposed action is to cancel the approval—cancel the approval or suspend it for a period.\n(sec.68-ssec.5) This subsection does not apply if an approval is amended under section 66 (a) .\n- (a) the proposed action;\n- (b) the grounds for the proposed action;\n- (c) the facts and circumstances that are the basis for the grounds;\n- (d) if the proposed action is suspension of the approval, the proposed suspension period;\n- (e) if the proposed action is to amend the approval, the proposed amendment;\n- (f) that representations may be made about the notice;\n- (g) how the representations may be made;\n- (h) where the representations may be made or sent;\n- (i) a day and time for making the representations or a period within which the representations must be made.\n- (a) if the proposed action is to amend the approval—amend the approval; and\n- (b) if the proposed action is to suspend the approval—suspend the approval for no longer than the proposed suspension period; and\n- (c) if the proposed action is to cancel the approval—cancel the approval or suspend it for a period.","sortOrder":104},{"sectionNumber":"sec.69","sectionType":"section","heading":"Immediate suspension of approvals","content":"### sec.69 Immediate suspension of approvals\n\nThis section applies if the chief executive officer believes on reasonable grounds the holder of an approval is not competent to conduct audits under this Act.\nThe chief executive officer may immediately suspend the approval by written notice given to the holder.\nThe notice must state the reason for the decision.\nSafe Food must, within 7 days after the chief executive officer gives the notice under subsection (2) , give the holder a notice under section 68 (2) .\nThe approval is suspended under this section until the earlier of the following happens—\nSafe Food gives the holder a notice of Safe Food’s decision under section 68 (4) ;\nthe end of 60 days after the notice under subsection (2) was given to the holder.\n(sec.69-ssec.1) This section applies if the chief executive officer believes on reasonable grounds the holder of an approval is not competent to conduct audits under this Act.\n(sec.69-ssec.2) The chief executive officer may immediately suspend the approval by written notice given to the holder.\n(sec.69-ssec.3) The notice must state the reason for the decision.\n(sec.69-ssec.4) Safe Food must, within 7 days after the chief executive officer gives the notice under subsection (2) , give the holder a notice under section 68 (2) .\n(sec.69-ssec.5) The approval is suspended under this section until the earlier of the following happens— Safe Food gives the holder a notice of Safe Food’s decision under section 68 (4) ; the end of 60 days after the notice under subsection (2) was given to the holder.\n- (a) Safe Food gives the holder a notice of Safe Food’s decision under section 68 (4) ;\n- (b) the end of 60 days after the notice under subsection (2) was given to the holder.","sortOrder":105},{"sectionNumber":"sec.70","sectionType":"section","heading":"Notice and effect of amendment, suspension or cancellation","content":"### sec.70 Notice and effect of amendment, suspension or cancellation\n\nIf Safe Food amends, suspends or cancels an approval under section 68 , Safe Food must give the approval holder an information notice for the decision to amend, suspend or cancel the approval.\nAn amendment takes effect from the day stated in the information notice.\nIf Safe Food suspends the approval, it is ineffective during the period of suspension.\nThe suspension—\nhas effect from—\nthe day the information notice is given; or\nif a later day is stated in the information notice—the later day; and\nmay be for the period Safe Food decides.\nIf Safe Food cancels the approval, it ceases to have effect from—\nthe day the information notice is given; or\nif a later day is stated in the information notice—the later day.\ns 70 amd 2009 No. 24 s 545\n(sec.70-ssec.1) If Safe Food amends, suspends or cancels an approval under section 68 , Safe Food must give the approval holder an information notice for the decision to amend, suspend or cancel the approval.\n(sec.70-ssec.2) An amendment takes effect from the day stated in the information notice.\n(sec.70-ssec.3) If Safe Food suspends the approval, it is ineffective during the period of suspension.\n(sec.70-ssec.4) The suspension— has effect from— the day the information notice is given; or if a later day is stated in the information notice—the later day; and may be for the period Safe Food decides.\n(sec.70-ssec.5) If Safe Food cancels the approval, it ceases to have effect from— the day the information notice is given; or if a later day is stated in the information notice—the later day.\n- (a) has effect from— (i) the day the information notice is given; or (ii) if a later day is stated in the information notice—the later day; and\n- (i) the day the information notice is given; or\n- (ii) if a later day is stated in the information notice—the later day; and\n- (b) may be for the period Safe Food decides.\n- (i) the day the information notice is given; or\n- (ii) if a later day is stated in the information notice—the later day; and\n- (a) the day the information notice is given; or\n- (b) if a later day is stated in the information notice—the later day.","sortOrder":106},{"sectionNumber":"sec.71","sectionType":"section","heading":"Return of amended, suspended or cancelled approvals","content":"### sec.71 Return of amended, suspended or cancelled approvals\n\nIf Safe Food amends, suspends or cancels an approval, it may, by written notice, ask the holder of the approval to give the approval to Safe Food by the reasonable day stated in the notice.\nThe holder must comply with the notice unless the holder has a reasonable excuse for not complying with it.\nMaximum penalty—40 penalty units.\nAfter amending an approval, Safe Food must return it to the holder.\nIf a suspended approval is returned to Safe Food, Safe Food must give the approval to the holder at the end of the suspension period.\n(sec.71-ssec.1) If Safe Food amends, suspends or cancels an approval, it may, by written notice, ask the holder of the approval to give the approval to Safe Food by the reasonable day stated in the notice.\n(sec.71-ssec.2) The holder must comply with the notice unless the holder has a reasonable excuse for not complying with it. Maximum penalty—40 penalty units.\n(sec.71-ssec.3) After amending an approval, Safe Food must return it to the holder.\n(sec.71-ssec.4) If a suspended approval is returned to Safe Food, Safe Food must give the approval to the holder at the end of the suspension period.","sortOrder":107},{"sectionNumber":"pt.6-div.4","sectionType":"division","heading":"Surrender","content":"## Surrender","sortOrder":108},{"sectionNumber":"sec.72","sectionType":"section","heading":"Surrender of approvals","content":"### sec.72 Surrender of approvals\n\nThe holder of an approval may surrender the approval by written notice given to Safe Food.\nThe approval must accompany the notice.\n(sec.72-ssec.1) The holder of an approval may surrender the approval by written notice given to Safe Food.\n(sec.72-ssec.2) The approval must accompany the notice.","sortOrder":109},{"sectionNumber":"pt.6-div.5","sectionType":"division","heading":"Identity cards and register","content":"## Identity cards and register","sortOrder":110},{"sectionNumber":"sec.73","sectionType":"section","heading":"Auditor’s identity card","content":"### sec.73 Auditor’s identity card\n\nSafe Food must give each auditor an identity card.\nThe identity card must—\ncontain a recent colour photograph of the auditor; and\ncontain a copy of the auditor’s signature; and\nidentify the individual as an auditor under this Act; and\nstate the conditions of the auditor’s approval; and\nstate the day, if any, on which the approval expires.\n(sec.73-ssec.1) Safe Food must give each auditor an identity card.\n(sec.73-ssec.2) The identity card must— contain a recent colour photograph of the auditor; and contain a copy of the auditor’s signature; and identify the individual as an auditor under this Act; and state the conditions of the auditor’s approval; and state the day, if any, on which the approval expires.\n- (a) contain a recent colour photograph of the auditor; and\n- (b) contain a copy of the auditor’s signature; and\n- (c) identify the individual as an auditor under this Act; and\n- (d) state the conditions of the auditor’s approval; and\n- (e) state the day, if any, on which the approval expires.","sortOrder":111},{"sectionNumber":"sec.74","sectionType":"section","heading":"Register of auditors","content":"### sec.74 Register of auditors\n\nSafe Food must keep a register of auditors.\nThe register must contain the following information about each auditor—\nthe auditor’s name;\nthe conditions, if any, of the auditor’s approval;\nany other information decided by Safe Food.\nSafe Food must ensure the register is available for inspection by members of the public during normal office hours at Safe Food’s head office.\n(sec.74-ssec.1) Safe Food must keep a register of auditors.\n(sec.74-ssec.2) The register must contain the following information about each auditor— the auditor’s name; the conditions, if any, of the auditor’s approval; any other information decided by Safe Food.\n(sec.74-ssec.3) Safe Food must ensure the register is available for inspection by members of the public during normal office hours at Safe Food’s head office.\n- (a) the auditor’s name;\n- (b) the conditions, if any, of the auditor’s approval;\n- (c) any other information decided by Safe Food.","sortOrder":112},{"sectionNumber":"pt.6-div.6","sectionType":"division","heading":"Audit reports and auditors’ responsibilities","content":"## Audit reports and auditors’ responsibilities","sortOrder":113},{"sectionNumber":"sec.75","sectionType":"section","heading":"Audit reports","content":"### sec.75 Audit reports\n\nAn auditor must, within 14 days after completion of an audit under this Act, give a copy of the report about the audit to—\nSafe Food; and\nthe person audited.\nMaximum penalty—50 penalty units.\nThe audit report must include the following information—\nthe auditor’s name;\nthe day the audit started;\nthe day the audit was completed;\nthe duration of the audit;\nthe address of, or other information sufficient to identify, the place at which the audit is conducted;\ndetails of the activities audited, and the food safety scheme or food safety program relevant to the audit;\nwhether, in the auditor’s opinion—\nthe activities comply with the food safety scheme relating to the activities; or\nthe auditor needs to conduct a further audit in relation to the person’s food safety program;\nthe reasons that the auditor considers the activities comply, or do not comply, with the food safety scheme.\n(sec.75-ssec.1) An auditor must, within 14 days after completion of an audit under this Act, give a copy of the report about the audit to— Safe Food; and the person audited. Maximum penalty—50 penalty units.\n(sec.75-ssec.2) The audit report must include the following information— the auditor’s name; the day the audit started; the day the audit was completed; the duration of the audit; the address of, or other information sufficient to identify, the place at which the audit is conducted; details of the activities audited, and the food safety scheme or food safety program relevant to the audit; whether, in the auditor’s opinion— the activities comply with the food safety scheme relating to the activities; or the auditor needs to conduct a further audit in relation to the person’s food safety program; the reasons that the auditor considers the activities comply, or do not comply, with the food safety scheme.\n- (a) Safe Food; and\n- (b) the person audited.\n- (a) the auditor’s name;\n- (b) the day the audit started;\n- (c) the day the audit was completed;\n- (d) the duration of the audit;\n- (e) the address of, or other information sufficient to identify, the place at which the audit is conducted;\n- (f) details of the activities audited, and the food safety scheme or food safety program relevant to the audit;\n- (g) whether, in the auditor’s opinion— (i) the activities comply with the food safety scheme relating to the activities; or (ii) the auditor needs to conduct a further audit in relation to the person’s food safety program;\n- (i) the activities comply with the food safety scheme relating to the activities; or\n- (ii) the auditor needs to conduct a further audit in relation to the person’s food safety program;\n- (h) the reasons that the auditor considers the activities comply, or do not comply, with the food safety scheme.\n- (i) the activities comply with the food safety scheme relating to the activities; or\n- (ii) the auditor needs to conduct a further audit in relation to the person’s food safety program;","sortOrder":114},{"sectionNumber":"sec.76","sectionType":"section","heading":"Responsibilities of auditors","content":"### sec.76 Responsibilities of auditors\n\nIf, in the course of conducting the audit, the auditor forms a reasonable belief a person has committed, or is committing, an offence against this Act, the auditor must inform Safe Food of—\nthe person’s name and address; and\ndetails about the facts and circumstances giving rise to the belief.\nIf the offence is a serious food safety offence, the auditor must inform Safe Food—\nimmediately after the auditor forms the reasonable belief unless the auditor has a reasonable excuse for not informing Safe Food immediately; or\nif the auditor has a reasonable excuse for not informing Safe Food immediately—immediately after the reasonable excuse ceases to have effect.\nMaximum penalty—1300 penalty units.\nIf the offence is another offence, the auditor must inform Safe Food—\nwithin 7 days after the auditor forms the reasonable belief unless the auditor has a reasonable excuse for not informing Safe Food within 7 days; or\nif the auditor has a reasonable excuse for not informing Safe Food within 7 days—within 7 days after the reasonable excuse ceases to have effect.\nMaximum penalty for subsection (3) —100 penalty units.\n(sec.76-ssec.1) If, in the course of conducting the audit, the auditor forms a reasonable belief a person has committed, or is committing, an offence against this Act, the auditor must inform Safe Food of— the person’s name and address; and details about the facts and circumstances giving rise to the belief.\n(sec.76-ssec.2) If the offence is a serious food safety offence, the auditor must inform Safe Food— immediately after the auditor forms the reasonable belief unless the auditor has a reasonable excuse for not informing Safe Food immediately; or if the auditor has a reasonable excuse for not informing Safe Food immediately—immediately after the reasonable excuse ceases to have effect. Maximum penalty—1300 penalty units.\n(sec.76-ssec.3) If the offence is another offence, the auditor must inform Safe Food— within 7 days after the auditor forms the reasonable belief unless the auditor has a reasonable excuse for not informing Safe Food within 7 days; or if the auditor has a reasonable excuse for not informing Safe Food within 7 days—within 7 days after the reasonable excuse ceases to have effect. Maximum penalty for subsection (3) —100 penalty units.\n- (a) the person’s name and address; and\n- (b) details about the facts and circumstances giving rise to the belief.\n- (a) immediately after the auditor forms the reasonable belief unless the auditor has a reasonable excuse for not informing Safe Food immediately; or\n- (b) if the auditor has a reasonable excuse for not informing Safe Food immediately—immediately after the reasonable excuse ceases to have effect.\n- (a) within 7 days after the auditor forms the reasonable belief unless the auditor has a reasonable excuse for not informing Safe Food within 7 days; or\n- (b) if the auditor has a reasonable excuse for not informing Safe Food within 7 days—within 7 days after the reasonable excuse ceases to have effect.","sortOrder":115},{"sectionNumber":"pt.7","sectionType":"part","heading":"Serious food safety offences","content":"# Serious food safety offences","sortOrder":116},{"sectionNumber":"sec.77","sectionType":"section","heading":"Supply of unsafe primary produce","content":"### sec.77 Supply of unsafe primary produce\n\nA person must not supply primary produce that the person knows, or ought reasonably to know, is unsafe.\nMaximum penalty—3000 penalty units or imprisonment for 2 years.","sortOrder":117},{"sectionNumber":"sec.78","sectionType":"section","heading":"Production of unsafe primary produce","content":"### sec.78 Production of unsafe primary produce\n\nA person must not engage in the production of primary produce if the person knows, or ought reasonably to know, the primary produce would be unsafe after production.\nMaximum penalty—3000 penalty units or imprisonment for 2 years.","sortOrder":118},{"sectionNumber":"sec.79","sectionType":"section","heading":"Unauthorised production of primary produce","content":"### sec.79 Unauthorised production of primary produce\n\nThis section applies only to a person engaged in the production of primary produce to which a food safety scheme applies.\nThe person must not engage in the production of the primary produce other than under an accreditation.\nMaximum penalty—2000 penalty units or imprisonment for 2 years.\n(sec.79-ssec.1) This section applies only to a person engaged in the production of primary produce to which a food safety scheme applies.\n(sec.79-ssec.2) The person must not engage in the production of the primary produce other than under an accreditation. Maximum penalty—2000 penalty units or imprisonment for 2 years.","sortOrder":119},{"sectionNumber":"sec.80","sectionType":"section","heading":"Supply of unwholesome meat or seafood","content":"### sec.80 Supply of unwholesome meat or seafood\n\nA person must not supply meat or seafood ready for human consumption, or preparation for human consumption, if the person knows, or ought reasonably to know, the meat or seafood is unwholesome.\nMaximum penalty—1000 penalty units or imprisonment for 1 year.\nIn this section—\nunwholesome means the meat or seafood is in a condition, or contains a substance, a consumer would ordinarily regard as making the meat or seafood unfit for human consumption.\n(sec.80-ssec.1) A person must not supply meat or seafood ready for human consumption, or preparation for human consumption, if the person knows, or ought reasonably to know, the meat or seafood is unwholesome. Maximum penalty—1000 penalty units or imprisonment for 1 year.\n(sec.80-ssec.2) In this section— unwholesome means the meat or seafood is in a condition, or contains a substance, a consumer would ordinarily regard as making the meat or seafood unfit for human consumption.","sortOrder":120},{"sectionNumber":"sec.81","sectionType":"section","heading":"Meat substitution","content":"### sec.81 Meat substitution\n\nA person must not, during meat processing, do something to the meat—\nwith the intention of deceiving someone else about the species of animal the meat is from; or\nthat the person knows, or ought reasonably to know, is likely to result in someone else being deceived about the species of animal the meat is from.\nMaximum penalty—1500 penalty units.\ns 81 amd 2020 No. 3 s 136 sch 1\n- (a) with the intention of deceiving someone else about the species of animal the meat is from; or\n- (b) that the person knows, or ought reasonably to know, is likely to result in someone else being deceived about the species of animal the meat is from.","sortOrder":121},{"sectionNumber":"sec.82","sectionType":"section","heading":"Supply of equipment or other things","content":"### sec.82 Supply of equipment or other things\n\nThis section applies to equipment or another thing that, if used for the purpose for which it is designed or intended to be used, is likely to make primary produce unsafe when the primary produce is supplied to someone.\nA person must not supply the equipment or thing if the person knows, or ought reasonably to know, that the equipment or thing is likely to make the primary produce unsafe.\nMaximum penalty—650 penalty units.\n(sec.82-ssec.1) This section applies to equipment or another thing that, if used for the purpose for which it is designed or intended to be used, is likely to make primary produce unsafe when the primary produce is supplied to someone.\n(sec.82-ssec.2) A person must not supply the equipment or thing if the person knows, or ought reasonably to know, that the equipment or thing is likely to make the primary produce unsafe. Maximum penalty—650 penalty units.","sortOrder":122},{"sectionNumber":"pt.8","sectionType":"part","heading":"Enforcement, investigations and offences","content":"# Enforcement, investigations and offences","sortOrder":123},{"sectionNumber":"pt.8-div.1","sectionType":"division","heading":"Enforcement and investigations","content":"## Enforcement and investigations","sortOrder":124},{"sectionNumber":"sec.83","sectionType":"section","heading":"Appointment and qualifications of authorised officers","content":"### sec.83 Appointment and qualifications of authorised officers\n\nSafe Food may appoint any of the following persons to be an authorised officer—\nan employee of Safe Food;\na public service employee;\nan employee of a local government if the local government approves of the appointment;\nan employee of the Commonwealth or another State;\nan employee of an entity—\nestablished under a law of the Commonwealth or another State with functions relating to food safety matters; and\nprescribed under a regulation.\nHowever, Safe Food may appoint a person as an authorised officer only if satisfied the person has the necessary expertise or experience to be an authorised officer.\n(sec.83-ssec.1) Safe Food may appoint any of the following persons to be an authorised officer— an employee of Safe Food; a public service employee; an employee of a local government if the local government approves of the appointment; an employee of the Commonwealth or another State; an employee of an entity— established under a law of the Commonwealth or another State with functions relating to food safety matters; and prescribed under a regulation.\n(sec.83-ssec.2) However, Safe Food may appoint a person as an authorised officer only if satisfied the person has the necessary expertise or experience to be an authorised officer.\n- (a) an employee of Safe Food;\n- (b) a public service employee;\n- (c) an employee of a local government if the local government approves of the appointment;\n- (d) an employee of the Commonwealth or another State;\n- (e) an employee of an entity— (i) established under a law of the Commonwealth or another State with functions relating to food safety matters; and (ii) prescribed under a regulation.\n- (i) established under a law of the Commonwealth or another State with functions relating to food safety matters; and\n- (ii) prescribed under a regulation.\n- (i) established under a law of the Commonwealth or another State with functions relating to food safety matters; and\n- (ii) prescribed under a regulation.","sortOrder":125},{"sectionNumber":"sec.84","sectionType":"section","heading":"Functions and powers of authorised officers","content":"### sec.84 Functions and powers of authorised officers\n\nAn authorised officer has the function of conducting investigations and inspections to monitor and enforce compliance with this Act.\nAn authorised officer has the powers given under this or another Act.\nThe powers of an authorised officer may be limited—\nunder a regulation; or\nunder a condition of appointment; or\nby notice of Safe Food given to the authorised officer.\n(sec.84-ssec.1) An authorised officer has the function of conducting investigations and inspections to monitor and enforce compliance with this Act.\n(sec.84-ssec.2) An authorised officer has the powers given under this or another Act.\n(sec.84-ssec.3) The powers of an authorised officer may be limited— under a regulation; or under a condition of appointment; or by notice of Safe Food given to the authorised officer.\n- (a) under a regulation; or\n- (b) under a condition of appointment; or\n- (c) by notice of Safe Food given to the authorised officer.","sortOrder":126},{"sectionNumber":"sec.85","sectionType":"section","heading":"Conditions of appointment of authorised officers","content":"### sec.85 Conditions of appointment of authorised officers\n\nAn authorised officer holds office on the conditions stated in the officer’s instrument of appointment.\nAn authorised officer—\nif the appointment provides for a term of appointment, ceases to hold office at the end of the term; and\nmay resign by signed notice of resignation given to Safe Food.\n(sec.85-ssec.1) An authorised officer holds office on the conditions stated in the officer’s instrument of appointment.\n(sec.85-ssec.2) An authorised officer— if the appointment provides for a term of appointment, ceases to hold office at the end of the term; and may resign by signed notice of resignation given to Safe Food.\n- (a) if the appointment provides for a term of appointment, ceases to hold office at the end of the term; and\n- (b) may resign by signed notice of resignation given to Safe Food.","sortOrder":127},{"sectionNumber":"sec.86","sectionType":"section","heading":"Authorised officer’s identity card","content":"### sec.86 Authorised officer’s identity card\n\nSafe Food must give each authorised officer an identity card.\nThe identity card must—\ncontain a recent colour photograph of the authorised officer; and\ncontain a copy of the authorised officer’s signature; and\nidentify the person as an authorised officer under this Act.\nThis section does not prevent the giving of a single identity card to a person for this Act and other Acts.\n(sec.86-ssec.1) Safe Food must give each authorised officer an identity card.\n(sec.86-ssec.2) The identity card must— contain a recent colour photograph of the authorised officer; and contain a copy of the authorised officer’s signature; and identify the person as an authorised officer under this Act.\n(sec.86-ssec.3) This section does not prevent the giving of a single identity card to a person for this Act and other Acts.\n- (a) contain a recent colour photograph of the authorised officer; and\n- (b) contain a copy of the authorised officer’s signature; and\n- (c) identify the person as an authorised officer under this Act.","sortOrder":128},{"sectionNumber":"sec.87","sectionType":"section","heading":"Failure to return identity card","content":"### sec.87 Failure to return identity card\n\nA person who ceases to be an authorised officer must return the person’s identity card to Safe Food as soon as practicable, but within 15 business days, after ceasing to be an authorised officer, unless the person has a reasonable excuse for not returning it.\nMaximum penalty—10 penalty units.","sortOrder":129},{"sectionNumber":"sec.88","sectionType":"section","heading":"Production or display of identity card","content":"### sec.88 Production or display of identity card\n\nAn authorised officer may exercise a power under this Act in relation to someone else only if the authorised officer—\nfirst produces his or her identity card for the person’s inspection; or\nhas the identity card displayed so it is clearly visible to the person.\nHowever, if for any reason it is not practicable to comply with subsection (1) , the authorised officer must produce the identity card for the person’s inspection at the first reasonable opportunity.\nFailure to comply with this section does not effect the validity of the exercise of the power.\n(sec.88-ssec.1) An authorised officer may exercise a power under this Act in relation to someone else only if the authorised officer— first produces his or her identity card for the person’s inspection; or has the identity card displayed so it is clearly visible to the person.\n(sec.88-ssec.2) However, if for any reason it is not practicable to comply with subsection (1) , the authorised officer must produce the identity card for the person’s inspection at the first reasonable opportunity.\n(sec.88-ssec.3) Failure to comply with this section does not effect the validity of the exercise of the power.\n- (a) first produces his or her identity card for the person’s inspection; or\n- (b) has the identity card displayed so it is clearly visible to the person.","sortOrder":130},{"sectionNumber":"sec.89","sectionType":"section","heading":"Power to enter places","content":"### sec.89 Power to enter places\n\nAn authorised officer may enter a place if—\nits occupier 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\nthe authorised officer enters the place under section 116 (2) .\nFor the purpose of asking the occupier of a place for consent to enter, an authorised officer 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 officer reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier.\n(sec.89-ssec.1) An authorised officer may enter a place if— its occupier 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 the authorised officer enters the place under section 116 (2) .\n(sec.89-ssec.2) For the purpose of asking the occupier of a place for consent to enter, an authorised officer 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 officer reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier.\n- (a) its occupier 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) the authorised officer enters the place under section 116 (2) .\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 officer reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier.","sortOrder":131},{"sectionNumber":"sec.90","sectionType":"section","heading":"Entry with consent","content":"### sec.90 Entry with consent\n\nThis section applies if an authorised officer intends to ask an occupier of a place to consent to the authorised officer or another authorised officer entering the place under section 89 (1) (a) .\nBefore asking for the consent, the authorised officer 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 officer may ask the occupier to sign an acknowledgment of the consent.\nThe acknowledgment 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 officer consent to enter the place and exercise powers under this division; and\nthe time and date the consent was given.\nIf the occupier signs the acknowledgment, the authorised officer must immediately give a copy to the occupier.\nA court must find the occupier of a place did not consent to an authorised officer entering the place under this division if—\nan issue arises in a proceeding before the court whether the occupier of the place consented to the entry under section 89 (1) (a) ; and\nan acknowledgment mentioned in subsection (4) is not produced in evidence for the entry; and\nit is not proved by the person relying on the lawfulness of the entry that the occupier consented to the entry.\n(sec.90-ssec.1) This section applies if an authorised officer intends to ask an occupier of a place to consent to the authorised officer or another authorised officer entering the place under section 89 (1) (a) .\n(sec.90-ssec.2) Before asking for the consent, the authorised officer must tell the occupier— the purpose of the entry; and that the occupier is not required to consent.\n(sec.90-ssec.3) If the consent is given, the authorised officer may ask the occupier to sign an acknowledgment of the consent.\n(sec.90-ssec.4) The acknowledgment 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 officer consent to enter the place and exercise powers under this division; and the time and date the consent was given.\n(sec.90-ssec.5) If the occupier signs the acknowledgment, the authorised officer must immediately give a copy to the occupier.\n(sec.90-ssec.6) A court must find the occupier of a place did not consent to an authorised officer entering the place under this division if— an issue arises in a proceeding before the court whether the occupier of the place consented to the entry under section 89 (1) (a) ; and an acknowledgment mentioned in subsection (4) is not produced in evidence for the entry; and it is not proved by the person relying on the lawfulness of the entry that the occupier consented to the entry.\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 officer consent to enter the place and exercise powers under this division; 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 before the court whether the occupier of the place consented to the entry under section 89 (1) (a) ; and\n- (b) an acknowledgment mentioned in subsection (4) is not produced in evidence for the entry; and\n- (c) it is not proved by the person relying on the lawfulness of the entry that the occupier consented to the entry.","sortOrder":132},{"sectionNumber":"sec.91","sectionType":"section","heading":"Application for warrant","content":"### sec.91 Application for warrant\n\nAn authorised officer may apply to a magistrate for a warrant for a place.\nThe application must be sworn and state the grounds on which the warrant is sought.\nThe magistrate may refuse to consider the application until the authorised officer gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.\nThe magistrate may require additional information supporting the application to be given by statutory declaration.\n(sec.91-ssec.1) An authorised officer may apply to a magistrate for a warrant for a place.\n(sec.91-ssec.2) The application must be sworn and state the grounds on which the warrant is sought.\n(sec.91-ssec.3) The magistrate may refuse to consider the application until the authorised officer gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. The magistrate may require additional information supporting the application to be given by statutory declaration.","sortOrder":133},{"sectionNumber":"sec.92","sectionType":"section","heading":"Issue of warrant","content":"### sec.92 Issue of warrant\n\nThe magistrate may issue a warrant 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, may be at the place.\nThe warrant must state—\nthat a stated authorised officer may, with necessary and reasonable help and force—\nenter the place and any other place necessary for the entry; and\nexercise the authorised officer’s powers under this division; and\nthe offence for which the warrant is sought; 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 date, within 14 days after the warrant’s issue, the warrant ends.\n(sec.92-ssec.1) The magistrate may issue a warrant 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, may be at the place.\n(sec.92-ssec.2) The warrant must state— that a stated authorised officer may, with necessary and reasonable help and force— enter the place and any other place necessary for the entry; and exercise the authorised officer’s powers under this division; and the offence for which the warrant is sought; 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 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, may be at the place.\n- (a) that a stated authorised officer may, with necessary and reasonable help and force— (i) enter the place and any other place necessary for the entry; and (ii) exercise the authorised officer’s powers under this division; and\n- (i) enter the place and any other place necessary for the entry; and\n- (ii) exercise the authorised officer’s powers under this division; and\n- (b) the offence for which the warrant is sought; and\n- (c) the evidence that may be seized under the warrant; and\n- (d) the hours of the day or night when the place may be entered; and\n- (e) the date, within 14 days after the warrant’s issue, the warrant ends.\n- (i) enter the place and any other place necessary for the entry; and\n- (ii) exercise the authorised officer’s powers under this division; and","sortOrder":134},{"sectionNumber":"sec.93","sectionType":"section","heading":"Special warrants","content":"### sec.93 Special warrants\n\nAn authorised officer may apply for a warrant (a special warrant ) by phone, fax, radio or another form of communication if the authorised officer considers it necessary because of—\nurgent circumstances; or\nother special circumstances, including, for example, the authorised officer’s remote location.\nBefore applying for the special warrant, the authorised officer must prepare an application stating the grounds on which the warrant is sought.\nThe authorised officer may apply for the special warrant before the application is sworn.\nAfter issuing the special warrant, the magistrate must promptly fax a copy (a facsimile warrant ) to the authorised officer if it is reasonably practicable to fax the copy.\nIf it is not reasonably practicable to fax a copy to the authorised officer—\nthe magistrate must tell the authorised officer—\nwhat the terms of the special warrant are; and\nthe date and time the special warrant is issued; and\nthe authorised officer must complete a form of warrant (a warrant form ) and write on it—\nthe magistrate’s name; and\nthe date and time the magistrate issued the special warrant; and\nthe terms of the special warrant.\nThe facsimile warrant, or the warrant form properly completed by the authorised officer, authorises the entry and the exercise of the other powers stated in the special warrant issued.\nThe authorised officer must, at the first reasonable opportunity, send to the magistrate—\nthe sworn application; and\nif the authorised officer completed a warrant form—the completed warrant form.\nOn receiving the documents, the magistrate must attach them to the special warrant.\nA court must find the exercise of the power by an authorised officer was not authorised by a special warrant if—\nan issue arises in a proceeding before the court whether the exercise of the power was authorised by a special warrant; and\nthe warrant is not produced in evidence; and\nit is not proved by the person relying on the lawfulness of the entry that the authorised officer obtained the warrant.\n(sec.93-ssec.1) An authorised officer may apply for a warrant (a special warrant ) by phone, fax, radio or another form of communication if the authorised officer considers it necessary because of— urgent circumstances; or other special circumstances, including, for example, the authorised officer’s remote location.\n(sec.93-ssec.2) Before applying for the special warrant, the authorised officer must prepare an application stating the grounds on which the warrant is sought.\n(sec.93-ssec.3) The authorised officer may apply for the special warrant before the application is sworn.\n(sec.93-ssec.4) After issuing the special warrant, the magistrate must promptly fax a copy (a facsimile warrant ) to the authorised officer if it is reasonably practicable to fax the copy.\n(sec.93-ssec.5) If it is not reasonably practicable to fax a copy to the authorised officer— the magistrate must tell the authorised officer— what the terms of the special warrant are; and the date and time the special warrant is issued; and the authorised officer must complete a form of warrant (a warrant form ) and write on it— the magistrate’s name; and the date and time the magistrate issued the special warrant; and the terms of the special warrant.\n(sec.93-ssec.6) The facsimile warrant, or the warrant form properly completed by the authorised officer, authorises the entry and the exercise of the other powers stated in the special warrant issued.\n(sec.93-ssec.7) The authorised officer must, at the first reasonable opportunity, send to the magistrate— the sworn application; and if the authorised officer completed a warrant form—the completed warrant form.\n(sec.93-ssec.8) On receiving the documents, the magistrate must attach them to the special warrant.\n(sec.93-ssec.9) A court must find the exercise of the power by an authorised officer was not authorised by a special warrant if— an issue arises in a proceeding before the court whether the exercise of the power was authorised by a special warrant; and the warrant is not produced in evidence; and it is not proved by the person relying on the lawfulness of the entry that the authorised officer obtained the warrant.\n- (a) urgent circumstances; or\n- (b) other special circumstances, including, for example, the authorised officer’s remote location.\n- (a) the magistrate must tell the authorised officer— (i) what the terms of the special warrant are; and (ii) the date and time the special warrant is issued; and\n- (i) what the terms of the special warrant are; and\n- (ii) the date and time the special warrant is issued; and\n- (b) the authorised officer must complete a form of warrant (a warrant form ) and write on it— (i) the magistrate’s name; and (ii) the date and time the magistrate issued the special warrant; and (iii) the terms of the special warrant.\n- (i) the magistrate’s name; and\n- (ii) the date and time the magistrate issued the special warrant; and\n- (iii) the terms of the special warrant.\n- (i) what the terms of the special warrant are; and\n- (ii) the date and time the special warrant is issued; and\n- (i) the magistrate’s name; and\n- (ii) the date and time the magistrate issued the special warrant; and\n- (iii) the terms of the special warrant.\n- (a) the sworn application; and\n- (b) if the authorised officer completed a warrant form—the completed warrant form.\n- (a) an issue arises in a proceeding before the court whether the exercise of the power was authorised by a special warrant; and\n- (b) the warrant is not produced in evidence; and\n- (c) it is not proved by the person relying on the lawfulness of the entry that the authorised officer obtained the warrant.","sortOrder":135},{"sectionNumber":"sec.94","sectionType":"section","heading":"Warrants—procedure before entry","content":"### sec.94 Warrants—procedure before entry\n\nThis section applies if an authorised officer named in a warrant issued under this division for a place is intending to enter the place under the warrant.\nBefore entering the place, the authorised officer must do or make a reasonable attempt to do the following things—\ncomply with section 88 (1) ;\ngive the person a copy of the warrant or, if the entry is authorised by a facsimile warrant or warrant form mentioned in section 93 (6) , a copy of the facsimile warrant or warrant form;\ntell the person the authorised officer is permitted by the warrant to enter the place;\ngive the person an opportunity to allow the authorised officer immediate entry to the place without using force.\nHowever, the authorised officer need not comply with subsection (2) if the authorised officer reasonably believes that immediate entry to the place is required to ensure the effective execution of the warrant is not frustrated.\n(sec.94-ssec.1) This section applies if an authorised officer named in a warrant issued under this division for a place is intending to enter the place under the warrant.\n(sec.94-ssec.2) Before entering the place, the authorised officer must do or make a reasonable attempt to do the following things— comply with section 88 (1) ; give the person a copy of the warrant or, if the entry is authorised by a facsimile warrant or warrant form mentioned in section 93 (6) , a copy of the facsimile warrant or warrant form; tell the person the authorised officer is permitted by the warrant to enter the place; give the person an opportunity to allow the authorised officer immediate entry to the place without using force.\n(sec.94-ssec.3) However, the authorised officer need not comply with subsection (2) if the authorised officer reasonably believes that immediate entry to the place is required to ensure the effective execution of the warrant is not frustrated.\n- (a) comply with section 88 (1) ;\n- (b) give the person a copy of the warrant or, if the entry is authorised by a facsimile warrant or warrant form mentioned in section 93 (6) , a copy of the facsimile warrant or warrant form;\n- (c) tell the person the authorised officer is permitted by the warrant to enter the place;\n- (d) give the person an opportunity to allow the authorised officer immediate entry to the place without using force.","sortOrder":136},{"sectionNumber":"sec.95","sectionType":"section","heading":"General powers after entering places","content":"### sec.95 General powers after entering places\n\nThis section applies to an authorised officer who enters a place.\nHowever, if an authorised officer enters a place to get the occupier’s consent to enter the place, this section applies to the authorised officer only if the consent is given or the entry is otherwise authorised.\nFor monitoring or enforcing compliance with this Act, the authorised officer 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 testing; or\ncopy a document at the place; or\ntake into or onto the place any person, equipment and materials the authorised officer reasonably requires for the exercise of a power under this division; or\nrequire the occupier of the place, or a person at the place, to give the authorised officer reasonable help to exercise the authorised officer’s powers under paragraphs (a) to (e) ; or\nrequire the occupier of a place, or a person at the place, to give the authorised officer information to help the authorised officer ascertain whether the Act is being complied with.\nWhen making a requirement mentioned in subsection (3) (f) or (g) , the authorised officer must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.\n(sec.95-ssec.1) This section applies to an authorised officer who enters a place.\n(sec.95-ssec.2) However, if an authorised officer enters a place to get the occupier’s consent to enter the place, this section applies to the authorised officer only if the consent is given or the entry is otherwise authorised.\n(sec.95-ssec.3) For monitoring or enforcing compliance with this Act, the authorised officer 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 testing; or copy a document at the place; or take into or onto the place any person, equipment and materials the authorised officer reasonably requires for the exercise of a power under this division; or require the occupier of the place, or a person at the place, to give the authorised officer reasonable help to exercise the authorised officer’s powers under paragraphs (a) to (e) ; or require the occupier of a place, or a person at the place, to give the authorised officer information to help the authorised officer ascertain whether the Act is being complied with.\n(sec.95-ssec.4) When making a requirement mentioned in subsection (3) (f) or (g) , the authorised officer must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.\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 testing; or\n- (d) copy a document at the place; or\n- (e) take into or onto the place any person, equipment and materials the authorised officer reasonably requires for the exercise of a power under this division; or\n- (f) require the occupier of the place, or a person at the place, to give the authorised officer reasonable help to exercise the authorised officer’s powers under paragraphs (a) to (e) ; or\n- (g) require the occupier of a place, or a person at the place, to give the authorised officer information to help the authorised officer ascertain whether the Act is being complied with.","sortOrder":137},{"sectionNumber":"sec.96","sectionType":"section","heading":"Failure to help authorised officer","content":"### sec.96 Failure to help authorised officer\n\nA person required to give reasonable help under section 95 (3) (f) must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.\nA person has a reasonable excuse if complying with the requirement might tend to incriminate the person.\n(sec.96-ssec.1) A person required to give reasonable help under section 95 (3) (f) must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.96-ssec.2) A person has a reasonable excuse if complying with the requirement might tend to incriminate the person.","sortOrder":138},{"sectionNumber":"sec.97","sectionType":"section","heading":"Failure to give information","content":"### sec.97 Failure to give information\n\nA person required to give information under section 95 (3) (g) must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.\nA person has a reasonable excuse if complying with the requirement might tend to incriminate the person.\n(sec.97-ssec.1) A person required to give information under section 95 (3) (g) must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.97-ssec.2) A person has a reasonable excuse if complying with the requirement might tend to incriminate the person.","sortOrder":139},{"sectionNumber":"sec.98","sectionType":"section","heading":"Definition for sdiv 5","content":"### sec.98 Definition for sdiv 5\n\nIn this subdivision—\nowner , of a seized thing, includes the person entitled to possession of it.","sortOrder":140},{"sectionNumber":"sec.99","sectionType":"section","heading":"Seizing evidence","content":"### sec.99 Seizing evidence\n\nThis section applies if—\nan authorised officer—\nis authorised to enter a place under this division only with the consent of the occupier or a warrant; and\nthe authorised officer enters the place after obtaining the necessary consent or warrant; or\nthe authorised officer enters the place under section 116 (2) .\nIf the authorised officer enters the place with the occupier’s consent, the authorised officer may seize a thing at the place if—\nthe authorised officer 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 officer enters the place with a warrant, the authorised officer may seize the evidence for which the warrant was issued.\nThe authorised officer may seize anything else at the place if the authorised officer 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 officer may seize a thing at the place if the authorised officer reasonably believes it has just been used in committing an offence against this Act.\n(sec.99-ssec.1) This section applies if— an authorised officer— is authorised to enter a place under this division only with the consent of the occupier or a warrant; and the authorised officer enters the place after obtaining the necessary consent or warrant; or the authorised officer enters the place under section 116 (2) .\n(sec.99-ssec.2) If the authorised officer enters the place with the occupier’s consent, the authorised officer may seize a thing at the place if— the authorised officer 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.99-ssec.3) If the authorised officer enters the place with a warrant, the authorised officer may seize the evidence for which the warrant was issued.\n(sec.99-ssec.4) The authorised officer may seize anything else at the place if the authorised officer 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.99-ssec.5) Also, the authorised officer may seize a thing at the place if the authorised officer reasonably believes it has just been used in committing an offence against this Act.\n- (a) an authorised officer— (i) is authorised to enter a place under this division only with the consent of the occupier or a warrant; and (ii) the authorised officer enters the place after obtaining the necessary consent or warrant; or\n- (i) is authorised to enter a place under this division only with the consent of the occupier or a warrant; and\n- (ii) the authorised officer enters the place after obtaining the necessary consent or warrant; or\n- (b) the authorised officer enters the place under section 116 (2) .\n- (i) is authorised to enter a place under this division only with the consent of the occupier or a warrant; and\n- (ii) the authorised officer enters the place after obtaining the necessary consent or warrant; or\n- (a) the authorised officer 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":141},{"sectionNumber":"sec.100","sectionType":"section","heading":"Securing seized things","content":"### sec.100 Securing seized things\n\nHaving seized a thing, an authorised officer 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; or\nif the thing is equipment—make it inoperable.\nsealing a thing and marking it to show access to it is restricted\nsealing the entrance to a place where the thing is situated and marking it to show access to it is restricted\ndismantling equipment or removing a component of equipment without which the equipment is not capable of being used\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; or\n- (c) if the thing is equipment—make it inoperable.\n- 1 sealing a thing and marking it to show access to it is restricted\n- 2 sealing the entrance to a place where the thing is situated and marking it to show access to it is restricted","sortOrder":142},{"sectionNumber":"sec.101","sectionType":"section","heading":"Tampering with seized things","content":"### sec.101 Tampering with seized things\n\nIf an authorised officer restricts access to a seized thing, a person must not tamper with the thing, or something restricting access to the thing, without an authorised officer’s approval.\nMaximum penalty—100 penalty units.\nIf an authorised officer makes seized equipment inoperable, a person must not tamper with the equipment, without an authorised officer’s approval.\nMaximum penalty—100 penalty units.\nIn this section—\ntamper includes attempt to tamper.\n(sec.101-ssec.1) If an authorised officer restricts access to a seized thing, a person must not tamper with the thing, or something restricting access to the thing, without an authorised officer’s approval. Maximum penalty—100 penalty units.\n(sec.101-ssec.2) If an authorised officer makes seized equipment inoperable, a person must not tamper with the equipment, without an authorised officer’s approval. Maximum penalty—100 penalty units.\n(sec.101-ssec.3) In this section— tamper includes attempt to tamper.","sortOrder":143},{"sectionNumber":"sec.102","sectionType":"section","heading":"Powers to support seizure","content":"### sec.102 Powers to support seizure\n\nTo enable a thing to be seized, an authorised officer 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 stated reasonable period.\nThe requirement—\nmust be made by notice in the approved form; or\nif for any reason it is not practicable to give the notice, may be made orally and confirmed by a notice in the approved form as soon as practicable.\nA further requirement may be made under this section about the 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 for subsection (4) —50 penalty units.\n(sec.102-ssec.1) To enable a thing to be seized, an authorised officer 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 stated reasonable period.\n(sec.102-ssec.2) The requirement— must be made by notice in the approved form; or if for any reason it is not practicable to give the notice, may be made orally and confirmed by a notice in the approved form as soon as practicable.\n(sec.102-ssec.3) A further requirement may be made under this section about the thing if it is necessary and reasonable to make the further requirement.\n(sec.102-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 for subsection (4) —50 penalty units.\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 stated reasonable period.\n- (a) must be made by notice in the approved form; or\n- (b) if for any reason it is not practicable to give the notice, may be made orally and confirmed by a notice in the approved form as soon as practicable.","sortOrder":144},{"sectionNumber":"sec.103","sectionType":"section","heading":"Receipts for seized things","content":"### sec.103 Receipts for seized things\n\nAs soon as practicable after an authorised officer seizes a thing, the authorised officer 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 officer 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, having regard to the thing’s nature, condition and value.\n(sec.103-ssec.1) As soon as practicable after an authorised officer seizes a thing, the authorised officer must give a receipt for it to the person from whom it was seized.\n(sec.103-ssec.2) However, if for any reason it is not practicable to comply with subsection (1) , the authorised officer must leave the receipt at the place of seizure in a conspicuous position and in a reasonably secure way.\n(sec.103-ssec.3) The receipt must describe generally each thing seized and its condition.\n(sec.103-ssec.4) This section does not apply to a thing if it is impracticable, or would be unreasonable, to give the receipt, having regard to the thing’s nature, condition and value.","sortOrder":145},{"sectionNumber":"sec.104","sectionType":"section","heading":"Authorised officer may dispose of seized primary produce","content":"### sec.104 Authorised officer may dispose of seized primary produce\n\nThis section applies to primary produce seized under section 99 if an authorised officer believes on reasonable grounds that the primary produce poses a health risk to any person or animal, or is otherwise unfit for consumption or sale.\nThe authorised officer may, with the chief executive officer’s approval, destroy or dispose of the primary produce in a way decided by the authorised officer.\nIf the authorised officer destroys or disposes of primary produce under subsection (2) , the officer must give the owner of the primary produce a notice stating—\nthe primary produce has been destroyed or disposed of; and\nthe reason for the destruction or disposal; and\nthat the owner may claim compensation under section 121 for loss or damage caused by the destruction or disposal.\n(sec.104-ssec.1) This section applies to primary produce seized under section 99 if an authorised officer believes on reasonable grounds that the primary produce poses a health risk to any person or animal, or is otherwise unfit for consumption or sale.\n(sec.104-ssec.2) The authorised officer may, with the chief executive officer’s approval, destroy or dispose of the primary produce in a way decided by the authorised officer.\n(sec.104-ssec.3) If the authorised officer destroys or disposes of primary produce under subsection (2) , the officer must give the owner of the primary produce a notice stating— the primary produce has been destroyed or disposed of; and the reason for the destruction or disposal; and that the owner may claim compensation under section 121 for loss or damage caused by the destruction or disposal.\n- (a) the primary produce has been destroyed or disposed of; and\n- (b) the reason for the destruction or disposal; and\n- (c) that the owner may claim compensation under section 121 for loss or damage caused by the destruction or disposal.","sortOrder":146},{"sectionNumber":"sec.105","sectionType":"section","heading":"Forfeiture by authorised officer","content":"### sec.105 Forfeiture by authorised officer\n\nA thing that has been seized under this subdivision is forfeited to Safe Food if the authorised officer 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 officer to make inquiries if it would be unreasonable to make inquiries to find the owner; and\nsubsection (1) (b) does not require the authorised officer to make efforts if it would be unreasonable to make efforts to return the thing to its owner.\nThe owner of the thing has migrated to another country.\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.\n(sec.105-ssec.1) A thing that has been seized under this subdivision is forfeited to Safe Food if the authorised officer 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.105-ssec.2) In applying subsection (1) — subsection (1) (a) does not require the authorised officer to make inquiries if it would be unreasonable to make inquiries to find the owner; and subsection (1) (b) does not require the authorised officer to make efforts if it would be unreasonable to make efforts to return the thing to its owner. The owner of the thing has migrated to another country.\n(sec.105-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- (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 officer 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 officer to make efforts if it would be unreasonable to make efforts to return the thing to its owner. Example for paragraph (b) — The owner of the thing has migrated to another country.\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.","sortOrder":147},{"sectionNumber":"sec.106","sectionType":"section","heading":"Forfeiture on conviction","content":"### sec.106 Forfeiture on conviction\n\nOn conviction of a person for an offence against this Act, the court may order the forfeiture to Safe Food of anything owned by the person and seized under this subdivision.\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.106-ssec.1) On conviction of a person for an offence against this Act, the court may order the forfeiture to Safe Food of anything owned by the person and seized under this subdivision.\n(sec.106-ssec.2) The court may make any order to enforce the forfeiture it considers appropriate.\n(sec.106-ssec.3) This section does not limit the court’s powers under the Penalties and Sentences Act 1992 or another law.","sortOrder":148},{"sectionNumber":"sec.107","sectionType":"section","heading":"Dealing with forfeited things","content":"### sec.107 Dealing with forfeited things\n\nOn forfeiture of a thing to Safe Food, the thing becomes Safe Food’s property and may be dealt with by Safe Food as it considers appropriate.\nWithout limiting subsection (1) , Safe Food may destroy or dispose of the thing.\n(sec.107-ssec.1) On forfeiture of a thing to Safe Food, the thing becomes Safe Food’s property and may be dealt with by Safe Food as it considers appropriate.\n(sec.107-ssec.2) Without limiting subsection (1) , Safe Food may destroy or dispose of the thing.","sortOrder":149},{"sectionNumber":"sec.108","sectionType":"section","heading":"Recovering costs of destruction or disposal","content":"### sec.108 Recovering costs of destruction or disposal\n\nAny reasonable cost or expense incurred by Safe Food in destroying or disposing of a thing under this division is a debt owing to Safe Food by—\nif the thing is destroyed or disposed of under section 104 (2) —the owner of the thing immediately before its seizure; and\nif the thing is destroyed or disposed of under section 107 —the owner of the thing immediately before its forfeiture.\n- (a) if the thing is destroyed or disposed of under section 104 (2) —the owner of the thing immediately before its seizure; and\n- (b) if the thing is destroyed or disposed of under section 107 —the owner of the thing immediately before its forfeiture.","sortOrder":150},{"sectionNumber":"sec.109","sectionType":"section","heading":"Return of seized things","content":"### sec.109 Return of seized things\n\nIf a seized thing is not forfeited, or destroyed or disposed of under section 104 (2) , the authorised officer 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.\nDespite subsection (1) , unless the thing is forfeited, or destroyed or disposed of under section 104 (2) , the authorised officer must immediately return a thing seized to its owner if the authorised officer stops being satisfied—\nits continued retention as evidence is necessary; or\nits continued retention is necessary to prevent the thing being used to continue, or repeat, the offence.\n(sec.109-ssec.1) If a seized thing is not forfeited, or destroyed or disposed of under section 104 (2) , the authorised officer 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.109-ssec.2) Despite subsection (1) , unless the thing is forfeited, or destroyed or disposed of under section 104 (2) , the authorised officer must immediately return a thing seized to its owner if the authorised officer stops being satisfied— its continued retention as evidence is necessary; or its continued retention is necessary to prevent the thing being used to continue, or repeat, the offence.\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.\n- (a) its continued retention as evidence is necessary; or\n- (b) its continued retention is necessary to prevent the thing being used to continue, or repeat, the offence.","sortOrder":151},{"sectionNumber":"sec.110","sectionType":"section","heading":"Access to seized things","content":"### sec.110 Access to seized things\n\nUntil a seized thing is forfeited, destroyed or disposed of under section 104 (2) or returned, an authorised officer 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.110-ssec.1) Until a seized thing is forfeited, destroyed or disposed of under section 104 (2) or returned, an authorised officer must allow its owner to inspect it and, if it is a document, to copy it.\n(sec.110-ssec.2) Subsection (1) does not apply if it is impracticable, or would be unreasonable, to allow the inspection or copying.","sortOrder":152},{"sectionNumber":"sec.111","sectionType":"section","heading":"Power to require name and address","content":"### sec.111 Power to require name and address\n\nThis section applies if—\nan authorised officer finds a person committing an offence against this Act; or\nan authorised officer finds a person in circumstances that lead, or has information that leads, the authorised officer to reasonably suspect the person has just committed an offence against this Act.\nThe authorised officer may require the person to state the person’s name and residential address.\nWhen making the requirement, the authorised officer 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 officer may require the person to give evidence of the correctness of the stated name or residential address if the authorised officer reasonably suspects the stated name or address to be false.\n(sec.111-ssec.1) This section applies if— an authorised officer finds a person committing an offence against this Act; or an authorised officer finds a person in circumstances that lead, or has information that leads, the authorised officer to reasonably suspect the person has just committed an offence against this Act.\n(sec.111-ssec.2) The authorised officer may require the person to state the person’s name and residential address.\n(sec.111-ssec.3) When making the requirement, the authorised officer 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.111-ssec.4) The authorised officer may require the person to give evidence of the correctness of the stated name or residential address if the authorised officer reasonably suspects the stated name or address to be false.\n- (a) an authorised officer finds a person committing an offence against this Act; or\n- (b) an authorised officer finds a person in circumstances that lead, or has information that leads, the authorised officer to reasonably suspect the person has just committed an offence against this Act.","sortOrder":153},{"sectionNumber":"sec.112","sectionType":"section","heading":"Failure to give name or address","content":"### sec.112 Failure to give name or address\n\nA person of whom a requirement is made under section 111 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 officer who suspected the person had committed an offence against this Act; and\nthe person is not proved to have committed the offence.\n(sec.112-ssec.1) A person of whom a requirement is made under section 111 must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.112-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 officer who suspected the person had committed an offence against this Act; and the person is not proved to have committed the offence.\n- (a) the person was required to state the person’s name and residential address by an authorised officer who suspected the person had committed an offence against this Act; and\n- (b) the person is not proved to have committed the offence.","sortOrder":154},{"sectionNumber":"sec.113","sectionType":"section","heading":"Power to require information","content":"### sec.113 Power to require information\n\nThis section applies if an authorised officer reasonably believes—\nan offence against this Act has been committed; and\na person may be able to give information about the offence.\nThe authorised officer may, by notice given to the person, require the person to give information about the offence to the authorised officer at a stated reasonable place and at a stated reasonable time.\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 a person not to give information if giving the information may tend to incriminate the person.\n(sec.113-ssec.1) This section applies if an authorised officer reasonably believes— an offence against this Act has been committed; and a person may be able to give information about the offence.\n(sec.113-ssec.2) The authorised officer may, by notice given to the person, require the person to give information about the offence to the authorised officer at a stated reasonable place and at a stated reasonable time.\n(sec.113-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.113-ssec.4) It is a reasonable excuse for a person not to give information if giving the information may tend to incriminate the person.\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":155},{"sectionNumber":"sec.114","sectionType":"section","heading":"Power to require production of documents","content":"### sec.114 Power to require production of documents\n\nAn authorised officer may require a person to make available for inspection by an authorised officer, or produce to the authorised officer for inspection, at a reasonable time and place nominated by the authorised officer, a document required to be kept by the person under this Act.\nThe authorised officer may keep the document to copy it.\nIf the authorised officer copies a document mentioned in subsection (1) , or an entry in the document, the authorised officer may require the person responsible for keeping the document to certify the copy as a true copy of the document or entry.\nThe authorised officer must return the document to the person as soon as practicable after copying it.\n(sec.114-ssec.1) An authorised officer may require a person to make available for inspection by an authorised officer, or produce to the authorised officer for inspection, at a reasonable time and place nominated by the authorised officer, a document required to be kept by the person under this Act.\n(sec.114-ssec.2) The authorised officer may keep the document to copy it.\n(sec.114-ssec.3) If the authorised officer copies a document mentioned in subsection (1) , or an entry in the document, the authorised officer may require the person responsible for keeping the document to certify the copy as a true copy of the document or entry.\n(sec.114-ssec.4) The authorised officer must return the document to the person as soon as practicable after copying it.","sortOrder":156},{"sectionNumber":"sec.115","sectionType":"section","heading":"Failure to produce documents","content":"### sec.115 Failure to produce documents\n\nA person required to make available, or produce, for inspection a document under section 114 (1) must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.\nA person has a reasonable excuse if complying with the requirement might tend to incriminate the person.\n(sec.115-ssec.1) A person required to make available, or produce, for inspection a document under section 114 (1) must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.115-ssec.2) A person has a reasonable excuse if complying with the requirement might tend to incriminate the person.","sortOrder":157},{"sectionNumber":"sec.116","sectionType":"section","heading":"Emergency powers","content":"### sec.116 Emergency powers\n\nThis section applies if an authorised officer is satisfied on reasonable grounds—\nthe production of primary produce is being carried out at a place, other than a place, or part of a place, used only for residential purposes; and\nit is necessary to exercise powers under this section to avoid an imminent risk of death or serious illness of any person from the primary produce.\nThe authorised officer may, without a warrant or the consent of the occupier of the place, enter the place.\nBefore entering the place, the authorised officer must do or make a reasonable attempt to do the following things—\ncomply with section 88 (1) ;\ntell the person the authorised officer is permitted under this Act to enter the place;\ngive the person an opportunity to allow the authorised officer immediate entry to the place without using force.\nHowever, the authorised officer need not comply with subsection (3) if the authorised officer reasonably believes that immediate entry to the place is required to avoid an imminent risk of death or serious illness of any person.\nAlso, the authorised officer may in relation to the primary produce—\ndirect a person at the place to take stated reasonable steps within a stated reasonable period in relation to the primary produce; or\ntake the reasonable steps; or\nauthorise another person to take the reasonable steps.\nThe direction may be given orally or by written notice.\nHowever, if the direction is given orally, the authorised officer must as soon as practicable confirm the direction by written notice given to the person.\nWhen giving the direction under subsection (5) (a) , the authorised officer must warn the person it is an offence not to comply with the direction unless the person has a reasonable excuse.\nIf the authorised officer takes the steps, the officer may also exercise any of the powers of an authorised officer under this division.\nThe authorised officer may exercise the powers mentioned in subsections (2) , (5) (b) and (9) (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 officer must take all reasonable steps to ensure the officer causes as little inconvenience to any person at the place, and does as little damage, as is practicable in the circumstances.\nThis section does not limit any power an authorised officer has apart from this section.\nIf an authorised officer authorises a person to take steps under subsection (5) (c) —\nthe person may exercise the powers mentioned in subsection (9) ; and\nthe authorised officer must inform the person—\nof the steps the person is authorised to take; and\nof the person’s powers under this section.\n(sec.116-ssec.1) This section applies if an authorised officer is satisfied on reasonable grounds— the production of primary produce is being carried out at a place, other than a place, or part of a place, used only for residential purposes; and it is necessary to exercise powers under this section to avoid an imminent risk of death or serious illness of any person from the primary produce.\n(sec.116-ssec.2) The authorised officer may, without a warrant or the consent of the occupier of the place, enter the place.\n(sec.116-ssec.3) Before entering the place, the authorised officer must do or make a reasonable attempt to do the following things— comply with section 88 (1) ; tell the person the authorised officer is permitted under this Act to enter the place; give the person an opportunity to allow the authorised officer immediate entry to the place without using force.\n(sec.116-ssec.4) However, the authorised officer need not comply with subsection (3) if the authorised officer 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.116-ssec.5) Also, the authorised officer may in relation to the primary produce— direct a person at the place to take stated reasonable steps within a stated reasonable period in relation to the primary produce; or take the reasonable steps; or authorise another person to take the reasonable steps.\n(sec.116-ssec.6) The direction may be given orally or by written notice.\n(sec.116-ssec.7) However, if the direction is given orally, the authorised officer must as soon as practicable confirm the direction by written notice given to the person.\n(sec.116-ssec.8) When giving the direction under subsection (5) (a) , the authorised officer must warn the person it is an offence not to comply with the direction unless the person has a reasonable excuse.\n(sec.116-ssec.9) If the authorised officer takes the steps, the officer may also exercise any of the powers of an authorised officer under this division.\n(sec.116-ssec.10) The authorised officer may exercise the powers mentioned in subsections (2) , (5) (b) and (9) (the emergency powers ) with the help, and using the force, that is necessary and reasonable in the circumstances.\n(sec.116-ssec.11) In exercising or attempting to exercise emergency powers, an authorised officer must take all reasonable steps to ensure the officer causes as little inconvenience to any person at the place, and does as little damage, as is practicable in the circumstances.\n(sec.116-ssec.12) This section does not limit any power an authorised officer has apart from this section.\n(sec.116-ssec.13) If an authorised officer authorises a person to take steps under subsection (5) (c) — the person may exercise the powers mentioned in subsection (9) ; and the authorised officer must inform the person— of the steps the person is authorised to take; and of the person’s powers under this section.\n- (a) the production of primary produce is being carried out at a place, other than a place, or part of a place, used only for residential purposes; and\n- (b) it is necessary to exercise powers under this section to avoid an imminent risk of death or serious illness of any person from the primary produce.\n- (a) comply with section 88 (1) ;\n- (b) tell the person the authorised officer is permitted under this Act to enter the place;\n- (c) give the person an opportunity to allow the authorised officer immediate entry to the place without using force.\n- (a) direct a person at the place to take stated reasonable steps within a stated reasonable period in relation to the primary produce; or\n- (b) take the reasonable steps; or\n- (c) authorise another person to take the reasonable steps.\n- (a) the person may exercise the powers mentioned in subsection (9) ; and\n- (b) the authorised officer must inform the person— (i) of the steps the person is authorised to take; and (ii) of the person’s powers under this section.\n- (i) of the steps the person is authorised to take; and\n- (ii) of the person’s powers under this section.\n- (i) of the steps the person is authorised to take; and\n- (ii) of the person’s powers under this section.","sortOrder":158},{"sectionNumber":"sec.117","sectionType":"section","heading":"Failure to comply with authorised person’s directions in emergency","content":"### sec.117 Failure to comply with authorised person’s directions in emergency\n\nA person to whom a direction is given under section 116 (5) (a) must comply with the direction unless the person has a reasonable excuse.\nMaximum penalty—300 penalty units.","sortOrder":159},{"sectionNumber":"sec.118","sectionType":"section","heading":"Compliance notice","content":"### sec.118 Compliance notice\n\nThis section applies if an authorised officer reasonably believes a person—\nis committing an offence against this Act; or\nhas committed an offence against this Act.\nThe authorised officer may give the person a notice (a compliance notice ) requiring the person to—\nstop committing the offence; or\nstop committing the offence and rectify the matter; or\nrectify the matter.\nThe compliance notice must state—\nthat the authorised officer believes the person—\nis committing an offence against this Act; or\nhas committed an offence against this Act; and\nthe offence the authorised officer believes is being, or has been, committed; and\nbriefly, how it is believed the offence is being, or has been committed; and\nif the notice requires the person to rectify a matter—\nthe matter the authorised officer believes is reasonably capable of being rectified; and\nthe reasonable steps the person must take to rectify the matter; and\nthe stated reasonable period in which the person must take the steps.\nThe person must comply with the compliance notice unless the person has a reasonable excuse.\nMaximum penalty—300 penalty units.\nIf the person does, or does not do, something in contravention of the compliance notice, the authorised officer may take any reasonable action to stop the contravention.\nAny reasonable cost or expense incurred by the authorised officer in doing anything under subsection (5) may be recovered as a debt owing to Safe Food by the person if the person is convicted of the offence mentioned in subsection (3) (b) .\nIf the compliance notice requires the person to rectify a matter relating to an offence against this Act, the person can not be prosecuted for the offence if the person rectifies the matter within the period stated in the notice.\n(sec.118-ssec.1) This section applies if an authorised officer reasonably believes a person— is committing an offence against this Act; or has committed an offence against this Act.\n(sec.118-ssec.2) The authorised officer may give the person a notice (a compliance notice ) requiring the person to— stop committing the offence; or stop committing the offence and rectify the matter; or rectify the matter.\n(sec.118-ssec.3) The compliance notice must state— that the authorised officer believes the person— is committing an offence against this Act; or has committed an offence against this Act; and the offence the authorised officer believes is being, or has been, committed; and briefly, how it is believed the offence is being, or has been committed; and if the notice requires the person to rectify a matter— the matter the authorised officer believes is reasonably capable of being rectified; and the reasonable steps the person must take to rectify the matter; and the stated reasonable period in which the person must take the steps.\n(sec.118-ssec.4) The person must comply with the compliance notice unless the person has a reasonable excuse. Maximum penalty—300 penalty units.\n(sec.118-ssec.5) If the person does, or does not do, something in contravention of the compliance notice, the authorised officer may take any reasonable action to stop the contravention.\n(sec.118-ssec.6) Any reasonable cost or expense incurred by the authorised officer in doing anything under subsection (5) may be recovered as a debt owing to Safe Food by the person if the person is convicted of the offence mentioned in subsection (3) (b) .\n(sec.118-ssec.7) If the compliance notice requires the person to rectify a matter relating to an offence against this Act, the person can not be prosecuted for the offence if the person rectifies the matter within the period stated in the notice.\n- (a) is committing an offence against this Act; or\n- (b) has committed an offence against this Act.\n- (a) stop committing the offence; or\n- (b) stop committing the offence and rectify the matter; or\n- (c) rectify the matter.\n- (a) that the authorised officer believes the person— (i) is committing an offence against this Act; or (ii) has committed an offence against this Act; and\n- (i) is committing an offence against this Act; or\n- (ii) has committed an offence against this Act; and\n- (b) the offence the authorised officer believes is being, or has been, committed; and\n- (c) briefly, how it is believed the offence is being, or has been committed; and\n- (d) if the notice requires the person to rectify a matter— (i) the matter the authorised officer believes is reasonably capable of being rectified; and (ii) the reasonable steps the person must take to rectify the matter; and (iii) the stated reasonable period in which the person must take the steps.\n- (i) the matter the authorised officer believes is reasonably capable of being rectified; and\n- (ii) the reasonable steps the person must take to rectify the matter; and\n- (iii) the stated reasonable period in which the person must take the steps.\n- (i) is committing an offence against this Act; or\n- (ii) has committed an offence against this Act; and\n- (i) the matter the authorised officer believes is reasonably capable of being rectified; and\n- (ii) the reasonable steps the person must take to rectify the matter; and\n- (iii) the stated reasonable period in which the person must take the steps.","sortOrder":160},{"sectionNumber":"pt.8-div.2","sectionType":"division","heading":"Other enforcement provisions","content":"## Other enforcement provisions","sortOrder":161},{"sectionNumber":"sec.119","sectionType":"section","heading":"Restraining orders","content":"### sec.119 Restraining orders\n\nSafe Food may bring a proceeding in the District Court for an order to restrain a person from continuing or repeating a particular activity.\nThe court may make an order under subsection (1) if satisfied—\nthe person will commit an offence against this Act if the person continues or repeats the activity; and\nthe activity may adversely affect the health of persons or animals.\nIf a person fails to comply with an order under this section, the person commits an offence against this subsection.\nMaximum penalty for subsection (3) —1000 penalty units.\n(sec.119-ssec.1) Safe Food may bring a proceeding in the District Court for an order to restrain a person from continuing or repeating a particular activity.\n(sec.119-ssec.2) The court may make an order under subsection (1) if satisfied— the person will commit an offence against this Act if the person continues or repeats the activity; and the activity may adversely affect the health of persons or animals.\n(sec.119-ssec.3) If a person fails to comply with an order under this section, the person commits an offence against this subsection. Maximum penalty for subsection (3) —1000 penalty units.\n- (a) the person will commit an offence against this Act if the person continues or repeats the activity; and\n- (b) the activity may adversely affect the health of persons or animals.","sortOrder":162},{"sectionNumber":"sec.120","sectionType":"section","heading":"Notice of damage","content":"### sec.120 Notice of damage\n\nThis section applies if—\nan authorised officer 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 officer damages property.\nThe authorised officer must immediately give notice of particulars of the damage to the person who appears to the authorised officer to be the owner of the property.\nIf the authorised officer believes the damage was caused by a latent defect in the property or circumstances beyond the authorised officer’s, or other person’s, control, the authorised officer may state the belief in the notice.\nIf, for any reason, it is impracticable to comply with subsection (2) , the authorised officer must leave the notice in a conspicuous position and in a reasonably secure way where the damage happened.\nThis section does not apply to damage the authorised officer reasonably believes is trivial.\nIn this section—\nowner , of property, includes the person in possession or control of it.\n(sec.120-ssec.1) This section applies if— an authorised officer 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 officer damages property.\n(sec.120-ssec.2) The authorised officer must immediately give notice of particulars of the damage to the person who appears to the authorised officer to be the owner of the property.\n(sec.120-ssec.3) If the authorised officer believes the damage was caused by a latent defect in the property or circumstances beyond the authorised officer’s, or other person’s, control, the authorised officer may state the belief in the notice.\n(sec.120-ssec.4) If, for any reason, it is impracticable to comply with subsection (2) , the authorised officer must leave the notice in a conspicuous position and in a reasonably secure way where the damage happened.\n(sec.120-ssec.5) This section does not apply to damage the authorised officer reasonably believes is trivial.\n(sec.120-ssec.6) In this section— owner , of property, includes the person in possession or control of it.\n- (a) an authorised officer 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 officer damages property.","sortOrder":163},{"sectionNumber":"sec.121","sectionType":"section","heading":"Compensation","content":"### sec.121 Compensation\n\nA person may claim compensation from Safe Food if the person incurs loss or damage because of the exercise or purported exercise of a power under this part.\nWithout limiting subsection (1) , compensation may be claimed for loss or damage incurred in complying with a requirement made of the person under this part.\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 satisfied it is just to make the order in the circumstances of the particular case.\n(sec.121-ssec.1) A person may claim compensation from Safe Food if the person incurs loss or damage because of the exercise or purported exercise of a power under this part.\n(sec.121-ssec.2) Without limiting subsection (1) , compensation may be claimed for loss or damage incurred in complying with a requirement made of the person under this part.\n(sec.121-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.121-ssec.4) A court may order compensation to be paid only if satisfied it is just to make the order in the circumstances of the particular case.\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":164},{"sectionNumber":"pt.8-div.3","sectionType":"division","heading":"Offences","content":"## Offences","sortOrder":165},{"sectionNumber":"sec.122","sectionType":"section","heading":"False or misleading statements","content":"### sec.122 False or misleading statements\n\nA person must not state anything to an authorised officer that the person knows is false or misleading in a material particular.\nMaximum penalty—60 penalty units.\nIn a proceeding for an offence against subsection (1) , it is enough to state that the statement made was, without specifying which, false or misleading.\n(sec.122-ssec.1) A person must not state anything to an authorised officer that the person knows is false or misleading in a material particular. Maximum penalty—60 penalty units.\n(sec.122-ssec.2) In a proceeding for an offence against subsection (1) , it is enough to state that the statement made was, without specifying which, false or misleading.","sortOrder":166},{"sectionNumber":"sec.123","sectionType":"section","heading":"False or misleading documents","content":"### sec.123 False or misleading documents\n\nA person must not give an authorised officer a document containing information that the person knows is false or misleading in a material particular.\nMaximum penalty—60 penalty units.\nIn a proceeding for an offence against subsection (1) , it is enough to state that the document was, without specifying which, false or misleading.\n(sec.123-ssec.1) A person must not give an authorised officer a document containing information that the person knows is false or misleading in a material particular. Maximum penalty—60 penalty units.\n(sec.123-ssec.2) In a proceeding for an offence against subsection (1) , it is enough to state that the document was, without specifying which, false or misleading.","sortOrder":167},{"sectionNumber":"sec.124","sectionType":"section","heading":"Obstructing an authorised officer","content":"### sec.124 Obstructing an authorised officer\n\nA person must not obstruct an authorised officer in the exercise of a power, unless the person has a reasonable excuse.\nMaximum penalty—60 penalty units.\nIf a person has obstructed an authorised officer and the authorised officer decides to proceed with the exercise of the power, the authorised officer must warn the person that—\nit is an offence to obstruct the authorised officer, unless the person has a reasonable excuse; and\nthe authorised officer considers the person’s conduct an obstruction.\nIn this section—\nobstruct includes assault, hinder and threaten, and attempt to obstruct.\n(sec.124-ssec.1) A person must not obstruct an authorised officer in the exercise of a power, unless the person has a reasonable excuse. Maximum penalty—60 penalty units.\n(sec.124-ssec.2) If a person has obstructed an authorised officer and the authorised officer decides to proceed with the exercise of the power, the authorised officer must warn the person that— it is an offence to obstruct the authorised officer, unless the person has a reasonable excuse; and the authorised officer considers the person’s conduct an obstruction.\n(sec.124-ssec.3) In this section— obstruct includes assault, hinder and threaten, and attempt to obstruct.\n- (a) it is an offence to obstruct the authorised officer, unless the person has a reasonable excuse; and\n- (b) the authorised officer considers the person’s conduct an obstruction.","sortOrder":168},{"sectionNumber":"sec.125","sectionType":"section","heading":"Impersonation of authorised officer","content":"### sec.125 Impersonation of authorised officer\n\nA person must not pretend to be an authorised officer.\nMaximum penalty—80 penalty units.","sortOrder":169},{"sectionNumber":"pt.9","sectionType":"part","heading":"Review of decisions","content":"# Review of decisions","sortOrder":170},{"sectionNumber":"sec.126","sectionType":"section","heading":"Who may apply for review","content":"### sec.126 Who may apply for review\n\nThe following persons may apply, as provided under the QCAT Act , to QCAT for a review of the decision stated for the person—\na person whose application for an accreditation, or renewal of an accreditation, under part 5 has been granted subject to a condition or refused;\na person whose accreditation is amended, suspended or cancelled under section 53 (4) ;\na person whose application for an approval, or renewal of an approval, as an auditor under part 6 has been granted subject to a condition or refused;\na person whose approval as an auditor is amended, suspended or cancelled under section 68 (4) .\ns 126 sub 2009 No. 24 s 546\n- (a) a person whose application for an accreditation, or renewal of an accreditation, under part 5 has been granted subject to a condition or refused;\n- (b) a person whose accreditation is amended, suspended or cancelled under section 53 (4) ;\n- (c) a person whose application for an approval, or renewal of an approval, as an auditor under part 6 has been granted subject to a condition or refused;\n- (d) a person whose approval as an auditor is amended, suspended or cancelled under section 68 (4) .","sortOrder":171},{"sectionNumber":"sec.127","sectionType":"section","heading":null,"content":"### Section sec.127\n\ns 127 om 2009 No. 24 s 546","sortOrder":172},{"sectionNumber":"sec.128","sectionType":"section","heading":null,"content":"### Section sec.128\n\ns 128 om 2009 No. 24 s 546","sortOrder":173},{"sectionNumber":"sec.129","sectionType":"section","heading":null,"content":"### Section sec.129\n\ns 129 om 2009 No. 24 s 546","sortOrder":174},{"sectionNumber":"sec.130","sectionType":"section","heading":null,"content":"### Section sec.130\n\ns 130 om 2009 No. 24 s 546","sortOrder":175},{"sectionNumber":"sec.131","sectionType":"section","heading":null,"content":"### Section sec.131\n\ns 131 om 2009 No. 24 s 546","sortOrder":176},{"sectionNumber":"pt.10","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":177},{"sectionNumber":"sec.132","sectionType":"section","heading":"Review of Act","content":"### sec.132 Review of Act\n\nThe Minister must review this Act within 6 years after the date of assent to decide whether the provisions remain appropriate.\nThe Minister must, as soon as practicable after finishing the review, table a report about the outcome of the review in the Legislative Assembly.\n(sec.132-ssec.1) The Minister must review this Act within 6 years after the date of assent to decide whether the provisions remain appropriate.\n(sec.132-ssec.2) The Minister must, as soon as practicable after finishing the review, table a report about the outcome of the review in the Legislative Assembly.","sortOrder":178},{"sectionNumber":"sec.132A","sectionType":"section","heading":"Advisory committees","content":"### sec.132A Advisory committees\n\nThe Minister may establish the advisory committees the Minister considers appropriate for this Act.\nAn advisory committee has the functions the Minister decides.\ns 132A ins 2020 No. 3 s 106\n(sec.132A-ssec.1) The Minister may establish the advisory committees the Minister considers appropriate for this Act.\n(sec.132A-ssec.2) An advisory committee has the functions the Minister decides.","sortOrder":179},{"sectionNumber":"sec.133","sectionType":"section","heading":"Protecting authorised persons and other persons from liability","content":"### sec.133 Protecting authorised persons and other persons from liability\n\nAn authorised officer or a person acting under direction of an authorised officer is not civilly liable for an act done, or an omission made, honestly and without negligence under this Act.\nIf subsection (1) prevents a civil liability from attaching to a person, the liability instead attaches to Safe Food.\n(sec.133-ssec.1) An authorised officer or a person acting under direction of an authorised officer is not civilly liable for an act done, or an omission made, honestly and without negligence under this Act.\n(sec.133-ssec.2) If subsection (1) prevents a civil liability from attaching to a person, the liability instead attaches to Safe Food.","sortOrder":180},{"sectionNumber":"sec.134","sectionType":"section","heading":"Summary proceedings for offences","content":"### sec.134 Summary proceedings for offences\n\nA proceeding for an offence against this Act is to be taken in a summary way under the Justices Act 1886 .\nThe proceeding must start—\nwithin 1 year after the offence is committed; or\nwithin 6 months after the commission of the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence.\n(sec.134-ssec.1) A proceeding for an offence against this Act is to be taken in a summary way under the Justices Act 1886 .\n(sec.134-ssec.2) The proceeding must start— within 1 year after the offence is committed; or within 6 months after the commission of the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence.\n- (a) within 1 year after the offence is committed; or\n- (b) within 6 months after the commission of the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence.","sortOrder":181},{"sectionNumber":"sec.135","sectionType":"section","heading":"Regulation-making power","content":"### sec.135 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\nWithout limiting subsection (1) , a regulation may be made about any matter for which provision may be made by a food safety scheme.\nA regulation may impose a penalty of not more than—\nfor a contravention of a provision of a regulation about a matter for which a food safety scheme may be made—50 penalty units; or\nfor a contravention of another provision—20 penalty units.\n(sec.135-ssec.1) The Governor in Council may make regulations under this Act.\n(sec.135-ssec.2) Without limiting subsection (1) , a regulation may be made about any matter for which provision may be made by a food safety scheme.\n(sec.135-ssec.3) A regulation may impose a penalty of not more than— for a contravention of a provision of a regulation about a matter for which a food safety scheme may be made—50 penalty units; or for a contravention of another provision—20 penalty units.\n- (a) for a contravention of a provision of a regulation about a matter for which a food safety scheme may be made—50 penalty units; or\n- (b) for a contravention of another provision—20 penalty units.","sortOrder":182},{"sectionNumber":"pt.11","sectionType":"part","heading":"Transitional and savings provisions","content":"# Transitional and savings provisions","sortOrder":183},{"sectionNumber":"pt.11-div.1","sectionType":"division","heading":"Transitional and savings provisions for Act No. 45 of 2000","content":"## Transitional and savings provisions for Act No. 45 of 2000","sortOrder":184},{"sectionNumber":"sec.136","sectionType":"section","heading":"Definitions for div 1","content":"### sec.136 Definitions for div 1\n\nIn this division—\ncommencement means the commencement of the section in which it appears.\nQueensland Livestock and Meat Authority means the Queensland Livestock and Meat Authority established under the Meat Industry Act 1993 .\ns 136 amd 2002 No. 49 s 26","sortOrder":185},{"sectionNumber":"sec.137","sectionType":"section","heading":"Dissolution of Queensland Livestock and Meat Authority","content":"### sec.137 Dissolution of Queensland Livestock and Meat Authority\n\nOn the commencement—\nthe Queensland Livestock and Meat Authority is dissolved; and\nthe administrator of the Queensland Livestock and Meat Authority appointed under the Meat Industry Act 1993 , part 7A , goes out of office.\nNo compensation is payable to the administrator because of subsection (1)(b).\n(sec.137-ssec.1) On the commencement— the Queensland Livestock and Meat Authority is dissolved; and the administrator of the Queensland Livestock and Meat Authority appointed under the Meat Industry Act 1993 , part 7A , goes out of office.\n(sec.137-ssec.2) No compensation is payable to the administrator because of subsection (1)(b).\n- (a) the Queensland Livestock and Meat Authority is dissolved; and\n- (b) the administrator of the Queensland Livestock and Meat Authority appointed under the Meat Industry Act 1993 , part 7A , goes out of office.","sortOrder":186},{"sectionNumber":"sec.138","sectionType":"section","heading":"Transfer of assets and liabilities","content":"### sec.138 Transfer of assets and liabilities\n\nThe assets and liabilities of the Queensland Livestock and Meat Authority are transferred to Safe Food and become assets and liabilities of Safe Food.","sortOrder":187},{"sectionNumber":"sec.139","sectionType":"section","heading":"Administrator becomes chief executive officer of Safe Food","content":"### sec.139 Administrator becomes chief executive officer of Safe Food\n\nThe administrator of the Queensland Livestock and Meat Authority immediately before the commencement becomes the chief executive officer of Safe Food.\nThe administrator—\nis taken to be the chief executive officer until the earlier of the following—\nthe day a person is appointed as the chief executive officer under section 17(1);\n31 March 2001; and\nholds office on the conditions not provided for by this Act that are decided by the Minister.\n(sec.139-ssec.1) The administrator of the Queensland Livestock and Meat Authority immediately before the commencement becomes the chief executive officer of Safe Food.\n(sec.139-ssec.2) The administrator— is taken to be the chief executive officer until the earlier of the following— the day a person is appointed as the chief executive officer under section 17(1); 31 March 2001; and holds office on the conditions not provided for by this Act that are decided by the Minister.\n- (a) is taken to be the chief executive officer until the earlier of the following— (i) the day a person is appointed as the chief executive officer under section 17(1); (ii) 31 March 2001; and\n- (i) the day a person is appointed as the chief executive officer under section 17(1);\n- (ii) 31 March 2001; and\n- (b) holds office on the conditions not provided for by this Act that are decided by the Minister.\n- (i) the day a person is appointed as the chief executive officer under section 17(1);\n- (ii) 31 March 2001; and","sortOrder":188},{"sectionNumber":"sec.140","sectionType":"section","heading":"Employees","content":"### sec.140 Employees\n\nA person employed by the Queensland Livestock and Meat Authority (the former employer ) immediately before the commencement becomes an employee of Safe Food.\nSubsection (1) does not—\nconstitute a redundancy or retrenchment of the person’s employment by the former employer; or\nentitle the person to a benefit or payment merely because the person is no longer employed by the former employer; or\ninterrupt the person’s continuity of service.\nFor the Industrial Relations Act , the person’s period of employment with the former employer is taken to be an equivalent period of employment with Safe Food.\nSubject to the Industrial Relations Act , the person has the same employment rights against Safe Food that the person had against the former employer immediately before the commencement.\nIf an industrial instrument under the Industrial Relations Act bound the person and the former employer immediately before the commencement, it binds the person and Safe Food.\nIn this section—\nemployment rights includes existing and accruing rights to—\nremuneration; and\nrecreation, long service, sick or other leave; and\nsuperannuation or other benefits and entitlements.\nIndustrial Relations Act means the Industrial Relations Act 1999.\n(sec.140-ssec.1) A person employed by the Queensland Livestock and Meat Authority (the former employer ) immediately before the commencement becomes an employee of Safe Food.\n(sec.140-ssec.2) Subsection (1) does not— constitute a redundancy or retrenchment of the person’s employment by the former employer; or entitle the person to a benefit or payment merely because the person is no longer employed by the former employer; or interrupt the person’s continuity of service.\n(sec.140-ssec.3) For the Industrial Relations Act , the person’s period of employment with the former employer is taken to be an equivalent period of employment with Safe Food.\n(sec.140-ssec.4) Subject to the Industrial Relations Act , the person has the same employment rights against Safe Food that the person had against the former employer immediately before the commencement.\n(sec.140-ssec.5) If an industrial instrument under the Industrial Relations Act bound the person and the former employer immediately before the commencement, it binds the person and Safe Food.\n(sec.140-ssec.6) In this section— employment rights includes existing and accruing rights to— remuneration; and recreation, long service, sick or other leave; and superannuation or other benefits and entitlements. Industrial Relations Act means the Industrial Relations Act 1999.\n- (a) constitute a redundancy or retrenchment of the person’s employment by the former employer; or\n- (b) entitle the person to a benefit or payment merely because the person is no longer employed by the former employer; or\n- (c) interrupt the person’s continuity of service.\n- (a) remuneration; and\n- (b) recreation, long service, sick or other leave; and\n- (c) superannuation or other benefits and entitlements.","sortOrder":189},{"sectionNumber":"pt.11-div.2","sectionType":"division","heading":"Transitional and savings provisions for repeal of Dairy Industry Act 1993","content":"## Transitional and savings provisions for repeal of Dairy Industry Act 1993","sortOrder":190},{"sectionNumber":"sec.140A","sectionType":"section","heading":"Definitions for div 2","content":"### sec.140A Definitions for div 2\n\nIn this division—\ncommencement means the commencement of the section in which it appears.\ndissolution day means the dissolution day for the former authority under the repealed Act, section 99I.\nformer authority means the former Queensland Dairy Authority established under the repealed Act.\npart 3 or 4 matter means a matter that relates to the repealed Act, part 3 or 4.\nrepealed Act means the repealed Dairy Industry Act 1993 .\ntribunal means the Dairy Industry Tribunal established under the repealed Act.\ns 140A ins 2002 No. 49 s 27","sortOrder":191},{"sectionNumber":"sec.140B","sectionType":"section","heading":"Existing licences","content":"### sec.140B Existing licences\n\nThis section applies to a person who, immediately before the commencement, held a licence under the repealed Act.\nThe person, on the commencement, is taken to be the holder of an accreditation for the same business in the dairy industry as the licence authorised.\nThe parts of the person’s Quality Assurance Program about food safety issues are taken to be the person’s food safety program.\nSafe Food must review the person’s food safety program within 1 year after the commencement to decide if the person’s program is an approved program.\nUntil Safe Food reviews the food safety program, the program is taken to be the approved program for the accreditation.\nIf the licence held by the person immediately before the commencement was subject to a restriction or condition, the accreditation the person is taken to hold on the commencement is also taken to be subject to a condition in the same terms, so far as practicable, as the restriction or condition.\nThe accreditation the person is taken to hold ends, unless sooner cancelled or suspended, on the earlier of the following days—\nthe day the balance of the licence period ends;\nif Safe Food grants an accreditation under section 48, the day the accreditation is granted.\nIf Safe Food grants an accreditation before the licence period ends, Safe Food must refund the person the proportion of the licence fee paid for any unused part of the licence period for which the fee was paid.\nIn this section—\nbalance of the licence period means the part of the licence period after the commencement.\nlicence period , for a licence, means the period for which the licence was granted under the repealed Act, starting on the day the licence was granted.\nQuality Assurance Program means a program approved by the former authority under the repealed Act.\ns 140B ins 2002 No. 49 s 27\namd 2004 Act No. 53 s 2 sch\n(sec.140B-ssec.1) This section applies to a person who, immediately before the commencement, held a licence under the repealed Act.\n(sec.140B-ssec.2) The person, on the commencement, is taken to be the holder of an accreditation for the same business in the dairy industry as the licence authorised.\n(sec.140B-ssec.3) The parts of the person’s Quality Assurance Program about food safety issues are taken to be the person’s food safety program.\n(sec.140B-ssec.4) Safe Food must review the person’s food safety program within 1 year after the commencement to decide if the person’s program is an approved program.\n(sec.140B-ssec.5) Until Safe Food reviews the food safety program, the program is taken to be the approved program for the accreditation.\n(sec.140B-ssec.6) If the licence held by the person immediately before the commencement was subject to a restriction or condition, the accreditation the person is taken to hold on the commencement is also taken to be subject to a condition in the same terms, so far as practicable, as the restriction or condition.\n(sec.140B-ssec.7) The accreditation the person is taken to hold ends, unless sooner cancelled or suspended, on the earlier of the following days— the day the balance of the licence period ends; if Safe Food grants an accreditation under section 48, the day the accreditation is granted.\n(sec.140B-ssec.8) If Safe Food grants an accreditation before the licence period ends, Safe Food must refund the person the proportion of the licence fee paid for any unused part of the licence period for which the fee was paid.\n(sec.140B-ssec.9) In this section— balance of the licence period means the part of the licence period after the commencement. licence period , for a licence, means the period for which the licence was granted under the repealed Act, starting on the day the licence was granted. Quality Assurance Program means a program approved by the former authority under the repealed Act.\n- (a) the day the balance of the licence period ends;\n- (b) if Safe Food grants an accreditation under section 48, the day the accreditation is granted.","sortOrder":192},{"sectionNumber":"sec.140C","sectionType":"section","heading":"Variation, suspension and cancellation of licences","content":"### sec.140C Variation, suspension and cancellation of licences\n\nIf, before the commencement, the former authority—\nhas given a person written notice of a proposed variation, suspension or cancellation of the person’s licence; and\nhas not made a decision about the proposed variation, suspension or cancellation;\nthe decision must be made under the repealed Act.\ns 140C ins 2002 No. 49 s 27\n- (a) has given a person written notice of a proposed variation, suspension or cancellation of the person’s licence; and\n- (b) has not made a decision about the proposed variation, suspension or cancellation;","sortOrder":193},{"sectionNumber":"sec.140D","sectionType":"section","heading":"Existing tribunal appeals about part 3 or 4 matter","content":"### sec.140D Existing tribunal appeals about part 3 or 4 matter\n\nIf, before the dissolution day, an appeal to the tribunal about a part 3 or 4 matter has not been decided, it may be continued before, and finished by, the tribunal as if this Act had not been enacted.\ns 140D ins 2002 No. 49 s 27","sortOrder":194},{"sectionNumber":"sec.140E","sectionType":"section","heading":"Appeals to court about part 3 or 4 matter","content":"### sec.140E Appeals to court about part 3 or 4 matter\n\nIf before the dissolution day—\na person had appealed to a court against a decision of the former authority or the tribunal about a part 3 or 4 matter; and\nthe appeal had not been decided;\nthe court may hear, or continue to hear, and decide the appeal under that Act as if it had not been repealed.\nIf—\nbecause of an event that happened before the dissolution day, a person could have appealed to a court against a decision of the former authority about a part 3 or 4 matter; and\nthe person had not appealed before the dissolution day;\nthe person may appeal under that the repealed Act as if it had not been repealed.\ns 140E ins 2002 No. 49 s 27\n(sec.140E-ssec.1) If before the dissolution day— a person had appealed to a court against a decision of the former authority or the tribunal about a part 3 or 4 matter; and the appeal had not been decided; the court may hear, or continue to hear, and decide the appeal under that Act as if it had not been repealed.\n(sec.140E-ssec.2) If— because of an event that happened before the dissolution day, a person could have appealed to a court against a decision of the former authority about a part 3 or 4 matter; and the person had not appealed before the dissolution day; the person may appeal under that the repealed Act as if it had not been repealed.\n- (a) a person had appealed to a court against a decision of the former authority or the tribunal about a part 3 or 4 matter; and\n- (b) the appeal had not been decided;\n- (a) because of an event that happened before the dissolution day, a person could have appealed to a court against a decision of the former authority about a part 3 or 4 matter; and\n- (b) the person had not appealed before the dissolution day;","sortOrder":195},{"sectionNumber":"sec.140F","sectionType":"section","heading":"Proceedings by or against former authority about part 3 or 4 matters","content":"### sec.140F Proceedings by or against former authority about part 3 or 4 matters\n\nA proceeding by or against the former authority about a part 3 or 4 matter that has not been finished before the dissolution day may be continued and finished by or against Safe Food.\nIf, because of an event that happened before the dissolution day, a proceeding could have been started by or against the former authority about a part 3 or 4 matter, it may be started by or against Safe Food.\nFor other proceedings, see the repealed Act, section 99J (Proceedings by or against authority not about part 3 or 4).\ns 140F ins 2002 No. 49 s 27\n(sec.140F-ssec.1) A proceeding by or against the former authority about a part 3 or 4 matter that has not been finished before the dissolution day may be continued and finished by or against Safe Food.\n(sec.140F-ssec.2) If, because of an event that happened before the dissolution day, a proceeding could have been started by or against the former authority about a part 3 or 4 matter, it may be started by or against Safe Food. For other proceedings, see the repealed Act, section 99J (Proceedings by or against authority not about part 3 or 4).","sortOrder":196},{"sectionNumber":"sec.140G","sectionType":"section","heading":"Liabilities of former authority for part 3 or 4 matters","content":"### sec.140G Liabilities of former authority for part 3 or 4 matters\n\nOn the dissolution day, a liability of the former authority about a part 3 or 4 matter becomes a liability of Safe Food.\nFor other liabilities, see the repealed Act, section 99I (Dissolution of authority).\ns 140G ins 2002 No. 49 s 27","sortOrder":197},{"sectionNumber":"sec.140H","sectionType":"section","heading":"Existing authorised persons","content":"### sec.140H Existing authorised persons\n\nA person who held an appointment as an authorised person under the repealed Act immediately before the commencement is taken to be appointed as an authorised person under this Act.\ns 140H ins 2002 No. 49 s 27","sortOrder":198},{"sectionNumber":"sec.140I","sectionType":"section","heading":"References to repealed Act","content":"### sec.140I References to repealed Act\n\nIn an Act or document, a reference to the repealed Act may, if the context permits, be taken as a reference to this Act.\ns 140I ins 2002 No. 49 s 27","sortOrder":199},{"sectionNumber":"sec.140J","sectionType":"section","heading":"Safe Food taken to be the former authority","content":"### sec.140J Safe Food taken to be the former authority\n\nIn an Act or document, a reference to the former authority must, if the context permits, be taken to be a reference to Safe Food.\ns 140J ins 2002 No. 49 s 27","sortOrder":200},{"sectionNumber":"pt.11-div.3","sectionType":"division","heading":"Transitional and savings provisions for repeal of Meat Industry Act 1993","content":"## Transitional and savings provisions for repeal of Meat Industry Act 1993","sortOrder":201},{"sectionNumber":"sec.140K","sectionType":"section","heading":"Definitions for div 3","content":"### sec.140K Definitions for div 3\n\nIn this division—\ncommencement means the commencement of the section in which it appears.\nformer authority means the former Queensland Livestock and Meat Authority established under the repealed Act.\nrepealed Act means the repealed Meat Industry Act 1993 .\ntribunal means the Meat Industry Tribunal established under the repealed Act.\ns 140K ins 2002 No. 49 s 27","sortOrder":202},{"sectionNumber":"sec.140L","sectionType":"section","heading":"Existing accreditations","content":"### sec.140L Existing accreditations\n\nThis section applies to a person who, immediately before the commencement, held an accreditation under the repealed Act.\nThe person, on the commencement, is taken to be the holder of an accreditation for the same business in the meat industry as the accreditation under the repealed Act authorised.\nThe parts of the person’s program of production about food safety issues are taken to be the person’s food safety program.\nSafe Food must review the person’s food safety program within 1 year after the commencement to decide if the person’s program is an approved program.\nUntil Safe Food reviews the food safety program, the program is taken to be the approved program for the accreditation.\nIf the accreditation held by the person immediately before the commencement was subject to a restriction or condition, the accreditation the person is taken to hold on the commencement is also taken to be subject to a condition in the same terms, so far as practicable, as the restriction or condition.\nThe accreditation the person is taken to hold ends, unless sooner cancelled or suspended, on the earlier of the following days—\nthe day the balance of the accreditation period ends;\nif Safe Food grants an accreditation under section 48, the day the accreditation is granted.\nIf Safe Food grants an accreditation before the accreditation period ends, Safe Food must refund the person the proportion of the accreditation fee for the unused part of the accreditation period.\nIn this section—\naccreditation fee , for an accreditation, means the fee paid for accreditation granted under the repealed Act.\naccreditation period , for an accreditation, means the period for which the accreditation was granted under the repealed Act, starting on the day the accreditation was granted.\nbalance of the accreditation period means the part of the accreditation period after the commencement.\nprogram of production means a program approved by the former authority under the repealed Act.\ns 140L ins 2002 No. 49 s 27\namd 2004 Act No. 53 s 2 sch\n(sec.140L-ssec.1) This section applies to a person who, immediately before the commencement, held an accreditation under the repealed Act.\n(sec.140L-ssec.2) The person, on the commencement, is taken to be the holder of an accreditation for the same business in the meat industry as the accreditation under the repealed Act authorised.\n(sec.140L-ssec.3) The parts of the person’s program of production about food safety issues are taken to be the person’s food safety program.\n(sec.140L-ssec.4) Safe Food must review the person’s food safety program within 1 year after the commencement to decide if the person’s program is an approved program.\n(sec.140L-ssec.5) Until Safe Food reviews the food safety program, the program is taken to be the approved program for the accreditation.\n(sec.140L-ssec.6) If the accreditation held by the person immediately before the commencement was subject to a restriction or condition, the accreditation the person is taken to hold on the commencement is also taken to be subject to a condition in the same terms, so far as practicable, as the restriction or condition.\n(sec.140L-ssec.7) The accreditation the person is taken to hold ends, unless sooner cancelled or suspended, on the earlier of the following days— the day the balance of the accreditation period ends; if Safe Food grants an accreditation under section 48, the day the accreditation is granted.\n(sec.140L-ssec.8) If Safe Food grants an accreditation before the accreditation period ends, Safe Food must refund the person the proportion of the accreditation fee for the unused part of the accreditation period.\n(sec.140L-ssec.9) In this section— accreditation fee , for an accreditation, means the fee paid for accreditation granted under the repealed Act. accreditation period , for an accreditation, means the period for which the accreditation was granted under the repealed Act, starting on the day the accreditation was granted. balance of the accreditation period means the part of the accreditation period after the commencement. program of production means a program approved by the former authority under the repealed Act.\n- (a) the day the balance of the accreditation period ends;\n- (b) if Safe Food grants an accreditation under section 48, the day the accreditation is granted.","sortOrder":203},{"sectionNumber":"sec.140M","sectionType":"section","heading":"Existing temporary accreditations","content":"### sec.140M Existing temporary accreditations\n\nThis section applies to a person who, immediately before the commencement, held a temporary accreditation under the repealed Act.\nThe person, on the commencement, is taken to be the holder of a temporary accreditation for the same business in the meat industry as the temporary accreditation authorised.\nThe parts of the person’s program of production about food safety issues are taken to be the approved program.\nThe temporary accreditation remains in force until the earlier of the following happens—\nthe end of the period stated in the temporary accreditation;\nthe accreditation applied for is granted, or the application is refused, under section 46(1);\na temporary accreditation is granted under section 47(1).\nIn this section—\nprogram of production means a program approved by the former authority under the repealed Act.\ns 140M ins 2002 No. 49 s 27\n(sec.140M-ssec.1) This section applies to a person who, immediately before the commencement, held a temporary accreditation under the repealed Act.\n(sec.140M-ssec.2) The person, on the commencement, is taken to be the holder of a temporary accreditation for the same business in the meat industry as the temporary accreditation authorised.\n(sec.140M-ssec.3) The parts of the person’s program of production about food safety issues are taken to be the approved program.\n(sec.140M-ssec.4) The temporary accreditation remains in force until the earlier of the following happens— the end of the period stated in the temporary accreditation; the accreditation applied for is granted, or the application is refused, under section 46(1); a temporary accreditation is granted under section 47(1).\n(sec.140M-ssec.5) In this section— program of production means a program approved by the former authority under the repealed Act.\n- (a) the end of the period stated in the temporary accreditation;\n- (b) the accreditation applied for is granted, or the application is refused, under section 46(1);\n- (c) a temporary accreditation is granted under section 47(1).","sortOrder":204},{"sectionNumber":"sec.140N","sectionType":"section","heading":"Variation, suspension and cancellation of accreditation","content":"### sec.140N Variation, suspension and cancellation of accreditation\n\nIf, before the commencement, the former authority—\nhas given a person written notice of a proposed variation, suspension or cancellation of the person’s accreditation; and\nhas not made a decision about the proposed variation, suspension or cancellation;\nthe decision must be made under the repealed Act.\ns 140N ins 2002 No. 49 s 27\n- (a) has given a person written notice of a proposed variation, suspension or cancellation of the person’s accreditation; and\n- (b) has not made a decision about the proposed variation, suspension or cancellation;","sortOrder":205},{"sectionNumber":"sec.140O","sectionType":"section","heading":"Existing appeals to tribunal","content":"### sec.140O Existing appeals to tribunal\n\nThis section applies if an appeal has been made to the tribunal, but not decided, under the repealed Act.\nThe proceeding may be continued before, and completed by, the tribunal as if this Act had not been enacted.\ns 140O ins 2002 No. 49 s 27\n(sec.140O-ssec.1) This section applies if an appeal has been made to the tribunal, but not decided, under the repealed Act.\n(sec.140O-ssec.2) The proceeding may be continued before, and completed by, the tribunal as if this Act had not been enacted.","sortOrder":206},{"sectionNumber":"sec.140P","sectionType":"section","heading":"Appeals to court","content":"### sec.140P Appeals to court\n\nIf—\na person had appealed to a court under the repealed Act before the commencement against a decision of the former authority or the tribunal; and\nthe appeal had not been decided before the commencement;\nthe court may hear, or continue to hear, and decide the appeal under that Act as if it had not been repealed.\nIf—\nbecause of an event that happened before the commencement a person could have appealed to a court under the repealed Act against a decision of the former authority or the tribunal; and\nthe person had not appealed before the commencement;\nthe person may appeal under that Act as if it had not been repealed.\ns 140P ins 2002 No. 49 s 27\n(sec.140P-ssec.1) If— a person had appealed to a court under the repealed Act before the commencement against a decision of the former authority or the tribunal; and the appeal had not been decided before the commencement; the court may hear, or continue to hear, and decide the appeal under that Act as if it had not been repealed.\n(sec.140P-ssec.2) If— because of an event that happened before the commencement a person could have appealed to a court under the repealed Act against a decision of the former authority or the tribunal; and the person had not appealed before the commencement; the person may appeal under that Act as if it had not been repealed.\n- (a) a person had appealed to a court under the repealed Act before the commencement against a decision of the former authority or the tribunal; and\n- (b) the appeal had not been decided before the commencement;\n- (a) because of an event that happened before the commencement a person could have appealed to a court under the repealed Act against a decision of the former authority or the tribunal; and\n- (b) the person had not appealed before the commencement;","sortOrder":207},{"sectionNumber":"sec.140Q","sectionType":"section","heading":"Proceedings by or against former authority","content":"### sec.140Q Proceedings by or against former authority\n\nA proceeding by or against the former authority that has not been finished before the commencement may be continued and finished by or against Safe Food.\nIf, because of an event that happened before the commencement, a proceeding could have been started by or against the former authority, it may be started by or against Safe Food.\ns 140Q ins 2002 No. 49 s 27\n(sec.140Q-ssec.1) A proceeding by or against the former authority that has not been finished before the commencement may be continued and finished by or against Safe Food.\n(sec.140Q-ssec.2) If, because of an event that happened before the commencement, a proceeding could have been started by or against the former authority, it may be started by or against Safe Food.","sortOrder":208},{"sectionNumber":"sec.140R","sectionType":"section","heading":"Existing meat safety persons","content":"### sec.140R Existing meat safety persons\n\nA person who held an appointment as a meat safety person under the repealed Act immediately before the commencement is taken to be appointed as an authorised person under this Act.\ns 140R ins 2002 No. 49 s 27","sortOrder":209},{"sectionNumber":"sec.140S","sectionType":"section","heading":"References to repealed Act","content":"### sec.140S References to repealed Act\n\nIn an Act or document, a reference to the repealed Act may, if the context permits, be taken as a reference to this Act.\ns 140S ins 2002 No. 49 s 27","sortOrder":210},{"sectionNumber":"sec.140T","sectionType":"section","heading":"Safe Food taken to be the former authority","content":"### sec.140T Safe Food taken to be the former authority\n\nIn an Act or document, a reference to the authority must, if the context permits, be taken to be a reference to Safe Food.\ns 140T ins 2002 No. 49 s 27","sortOrder":211},{"sectionNumber":"pt.11-div.4","sectionType":"division","heading":"Transitional provision for Primary Industries and Other Legislation Amendment Act 2003","content":"## Transitional provision for Primary Industries and Other Legislation Amendment Act 2003","sortOrder":212},{"sectionNumber":"sec.140U","sectionType":"section","heading":"References in existing documents","content":"### sec.140U References in existing documents\n\nIn a document in existence, for the purposes of part 2, division 3, immediately before the commencement of this section, a reference to the Minister may, if the context permits, be taken to be a reference to the board.\ns 140U ins 2003 No. 82 s 63","sortOrder":213},{"sectionNumber":"pt.11-div.5","sectionType":"division","heading":"Transitional provision for Agriculture and Other Legislation Amendment Act 2020","content":"## Transitional provision for Agriculture and Other Legislation Amendment Act 2020","sortOrder":214},{"sectionNumber":"sec.140V","sectionType":"section","heading":"Food Safety Advisory Committee","content":"### sec.140V Food Safety Advisory Committee\n\nOn the commencement, the Food Safety Advisory Committee established under part 3, as in force before the commencement, is dissolved and the members of the committee go out of office.\nNo compensation is payable to a member of the committee because of subsection (1).\ns 140V ins 2020 No. 3 s 107\n(sec.140V-ssec.1) On the commencement, the Food Safety Advisory Committee established under part 3, as in force before the commencement, is dissolved and the members of the committee go out of office.\n(sec.140V-ssec.2) No compensation is payable to a member of the committee because of subsection (1).","sortOrder":215},{"sectionNumber":"pt.12","sectionType":"part","heading":"Repeal of Acts","content":"# Repeal of Acts","sortOrder":216},{"sectionNumber":"sec.141","sectionType":"section","heading":"Repeal of Dairy Industry Act 1993","content":"### sec.141 Repeal of Dairy Industry Act 1993\n\nThe Dairy Industry Act 1993 is repealed.\nThe Dairy Industry Act 1993 , sections 99I and 99J are declared to be laws to which the Acts Interpretation Act 1954 , section 20A applies.\ns 141 ins 2002 No. 49 s 28\n(sec.141-ssec.1) The Dairy Industry Act 1993 is repealed.\n(sec.141-ssec.2) The Dairy Industry Act 1993 , sections 99I and 99J are declared to be laws to which the Acts Interpretation Act 1954 , section 20A applies.","sortOrder":217},{"sectionNumber":"sec.142","sectionType":"section","heading":"Repeal of Meat Industry Act 1993","content":"### sec.142 Repeal of Meat Industry Act 1993\n\nThe Meat Industry Act 1993 is repealed.\nThe Meat Industry Act 1993 , parts 7 and 7B are declared to be laws to which the Acts Interpretation Act 1954 , section 20A applies.\ns 142 ins 2002 No. 49 s 28\n(sec.142-ssec.1) The Meat Industry Act 1993 is repealed.\n(sec.142-ssec.2) The Meat Industry Act 1993 , parts 7 and 7B are declared to be laws to which the Acts Interpretation Act 1954 , section 20A applies.","sortOrder":218},{"sectionNumber":"sch.1-pt.1","sectionType":"part","heading":"Directors","content":"# Directors","sortOrder":219},{"sectionNumber":"sch.1-sec.1","sectionType":"section","heading":"Qualifications for appointment","content":"### sch.1-sec.1 Qualifications for appointment\n\nA person is not qualified to be, or to continue as, a director if the person—\nis an insolvent under administration; or\nis, or has been, convicted of an indictable offence.\nA person is not qualified to be, or to continue as, a director appointed under section 16C (1) (c) (an appointed director ) if the person is—\nthe holder of an accreditation; or\na member or employee of an organisation the functions of which include representing accreditation holders.\nsch 1 s 1 ins 2003 No. 82 s 65\namd 2023 No. 23 s 247 sch 1 s 2 (3)\n(sch.1-sec.1-ssec.1) A person is not qualified to be, or to continue as, a director if the person— is an insolvent under administration; or is, or has been, convicted of an indictable offence.\n(sch.1-sec.1-ssec.2) A person is not qualified to be, or to continue as, a director appointed under section 16C (1) (c) (an appointed director ) if the person is— the holder of an accreditation; or a member or employee of an organisation the functions of which include representing accreditation holders.\n- (a) is an insolvent under administration; or\n- (b) is, or has been, convicted of an indictable offence.\n- (a) the holder of an accreditation; or\n- (b) a member or employee of an organisation the functions of which include representing accreditation holders.","sortOrder":220},{"sectionNumber":"sch.1-sec.2","sectionType":"section","heading":"Duration of appointment","content":"### sch.1-sec.2 Duration of appointment\n\nThe appointment of an appointed director is for the term, not longer than 3 years, stated in the director’s instrument of appointment.\nsch 1 s 2 ins 2003 No. 82 s 65","sortOrder":221},{"sectionNumber":"sch.1-sec.3","sectionType":"section","heading":"Terms of appointment","content":"### sch.1-sec.3 Terms of appointment\n\nAn appointed director is appointed on a part-time basis.\nAppointed directors are entitled to be paid the remuneration and allowances decided by the Governor in Council.\nIn relation to matters not provided under this Act, an appointed director holds office on the terms decided by the Governor in Council.\nsch 1 s 3 ins 2003 No. 82 s 65\n(sch.1-sec.3-ssec.1) An appointed director is appointed on a part-time basis.\n(sch.1-sec.3-ssec.2) Appointed directors are entitled to be paid the remuneration and allowances decided by the Governor in Council.\n(sch.1-sec.3-ssec.3) In relation to matters not provided under this Act, an appointed director holds office on the terms decided by the Governor in Council.","sortOrder":222},{"sectionNumber":"sch.1-sec.4","sectionType":"section","heading":"Termination of appointment","content":"### sch.1-sec.4 Termination of appointment\n\nThe Governor in Council may, at any time, terminate the appointment of all appointed directors, or an appointed director, for any reason or none.\nsch 1 s 4 ins 2003 No. 82 s 65","sortOrder":223},{"sectionNumber":"sch.1-sec.4A","sectionType":"section","heading":"Resignation of director","content":"### sch.1-sec.4A Resignation of director\n\nA director may resign by signed written notice given to the Minister.\nsch 1 s 4A ins 2020 No. 3 s 108","sortOrder":224},{"sectionNumber":"sch.1-pt.2","sectionType":"part","heading":"Business and meetings of board","content":"# Business and meetings of board","sortOrder":225},{"sectionNumber":"sch.1-sec.5","sectionType":"section","heading":"Conduct of business","content":"### sch.1-sec.5 Conduct of business\n\nSubject to this part, the board may conduct its business, including its meetings, in the way it considers appropriate.\nsch 1 s 5 ins 2003 No. 82 s 65","sortOrder":226},{"sectionNumber":"sch.1-sec.6","sectionType":"section","heading":"Committees","content":"### sch.1-sec.6 Committees\n\nThe board may, from time to time, establish a committee to advise on matters referred to the committee by the board.\na risk management committee or an audit committee\nsch 1 s 6 ins 2003 No. 82 s 65","sortOrder":227},{"sectionNumber":"sch.1-sec.7","sectionType":"section","heading":"Times and places of meetings","content":"### sch.1-sec.7 Times and places of meetings\n\nBoard meetings are to be held at the times and places the chairperson decides.\nHowever, the chairperson must call a meeting if asked, in writing, to do so by at least the number of directors forming a quorum for the board.\nsch 1 s 7 ins 2003 No. 82 s 65\n(sch.1-sec.7-ssec.1) Board meetings are to be held at the times and places the chairperson decides.\n(sch.1-sec.7-ssec.2) However, the chairperson must call a meeting if asked, in writing, to do so by at least the number of directors forming a quorum for the board.","sortOrder":228},{"sectionNumber":"sch.1-sec.8","sectionType":"section","heading":"Quorum","content":"### sch.1-sec.8 Quorum\n\nA quorum for the board is the number equal to one-half of the number of directors or, if one-half is not a whole number, the next highest whole number.\nsch 1 s 8 ins 2003 No. 82 s 65","sortOrder":229},{"sectionNumber":"sch.1-sec.9","sectionType":"section","heading":"Presiding at meetings","content":"### sch.1-sec.9 Presiding at meetings\n\nThe chairperson must preside at all meetings of the board at which the chairperson is present.\nIf the chairperson is absent from a board meeting the director chosen by the members present must preside.\nsch 1 s 9 ins 2003 No. 82 s 65\n(sch.1-sec.9-ssec.1) The chairperson must preside at all meetings of the board at which the chairperson is present.\n(sch.1-sec.9-ssec.2) If the chairperson is absent from a board meeting the director chosen by the members present must preside.","sortOrder":230},{"sectionNumber":"sch.1-sec.10","sectionType":"section","heading":"Delegations","content":"### sch.1-sec.10 Delegations\n\nA director mentioned in section 16C (1) (a) or (b) may delegate the director’s functions under this Act to an appropriately qualified senior executive in the public service.\nIn this section—\nfunction includes power.\nsch 1 s 10 ins 2003 No. 82 s 65\namd 2009 No. 25 s 83 sch\nsub 2020 No. 3 s 109\n(sch.1-sec.10-ssec.1) A director mentioned in section 16C (1) (a) or (b) may delegate the director’s functions under this Act to an appropriately qualified senior executive in the public service.\n(sch.1-sec.10-ssec.2) In this section— function includes power.","sortOrder":231},{"sectionNumber":"sch.1-sec.11","sectionType":"section","heading":"Conduct of meetings","content":"### sch.1-sec.11 Conduct of meetings\n\nA question at a board meeting is decided by a majority of the votes of the directors present.\nEach director present at the meeting has a vote on each question to be decided and, if the votes are equal, the director presiding also has a casting vote.\nA director present at the meeting who abstains from voting is taken to have voted for the negative.\nThe board may hold meetings, or allow directors to take part in its meetings, by using any technology that reasonably allows directors to hear and take part in discussions as they happen.\nteleconferencing\nA director who takes part in a board meeting under subsection (4) is taken to be present at the meeting.\nA resolution is validly made by the board, even if it is not passed at a board meeting, if—\na majority of the directors gives written agreement to the resolution; and\nnotice of the resolution is given under procedures approved by the board.\nsch 1 s 11 ins 2003 No. 82 s 65\n(sch.1-sec.11-ssec.1) A question at a board meeting is decided by a majority of the votes of the directors present.\n(sch.1-sec.11-ssec.2) Each director present at the meeting has a vote on each question to be decided and, if the votes are equal, the director presiding also has a casting vote.\n(sch.1-sec.11-ssec.3) A director present at the meeting who abstains from voting is taken to have voted for the negative.\n(sch.1-sec.11-ssec.4) The board may hold meetings, or allow directors to take part in its meetings, by using any technology that reasonably allows directors to hear and take part in discussions as they happen. teleconferencing\n(sch.1-sec.11-ssec.5) A director who takes part in a board meeting under subsection (4) is taken to be present at the meeting.\n(sch.1-sec.11-ssec.6) A resolution is validly made by the board, even if it is not passed at a board meeting, if— a majority of the directors gives written agreement to the resolution; and notice of the resolution is given under procedures approved by the board.\n- (a) a majority of the directors gives written agreement to the resolution; and\n- (b) notice of the resolution is given under procedures approved by the board.","sortOrder":232},{"sectionNumber":"sch.1-sec.12","sectionType":"section","heading":"Minutes","content":"### sch.1-sec.12 Minutes\n\nThe board must keep—\nminutes of its meetings; and\na record of any resolutions made under section 11 (6) .\nsch 1 s 12 ins 2003 No. 82 s 65\n- (a) minutes of its meetings; and\n- (b) a record of any resolutions made under section 11 (6) .","sortOrder":233},{"sectionNumber":"sch.1-sec.13","sectionType":"section","heading":"Disclosure of interests by directors","content":"### sch.1-sec.13 Disclosure of interests by directors\n\nThis section applies to a director if—\nthe director has a direct or indirect interest in an issue being considered, or about to be considered, by the board; and\nthe interest could conflict with the proper performance of the director’s duties about the consideration of the issue.\nAs soon as practicable after the relevant facts come to the director’s knowledge, the director must disclose the nature of the interest to a board meeting.\nUnless the board otherwise directs, the director must not—\nbe present when the board considers the issue; or\ntake part in a decision of the board about the issue.\nThe director must not be present when the board is considering whether to give a direction under subsection (3) .\nIf there is another director who must, under subsection (2) , also disclose an interest in the issue, the other director must not—\nbe present when the board is considering whether to give a direction under subsection (3) about the director; or\ntake part in making the decision about giving the direction.\nIf—\nbecause of this section, a director is not present at a board meeting for considering or deciding an issue, or for considering or deciding whether to give a direction under subsection (3) ; and\nthere would be a quorum if the director were present;\nthe remaining directors present are a quorum of the board for considering or deciding the issue, or for considering or deciding whether to give the direction, at the meeting.\nA disclosure under subsection (2) must be recorded in the board’s minutes.\nsch 1 s 13 ins 2003 No. 82 s 65\n(sch.1-sec.13-ssec.1) This section applies to a director if— the director has a direct or indirect interest in an issue being considered, or about to be considered, by the board; and the interest could conflict with the proper performance of the director’s duties about the consideration of the issue.\n(sch.1-sec.13-ssec.2) As soon as practicable after the relevant facts come to the director’s knowledge, the director must disclose the nature of the interest to a board meeting.\n(sch.1-sec.13-ssec.3) Unless the board otherwise directs, the director must not— be present when the board considers the issue; or take part in a decision of the board about the issue.\n(sch.1-sec.13-ssec.4) The director must not be present when the board is considering whether to give a direction under subsection (3) .\n(sch.1-sec.13-ssec.5) If there is another director who must, under subsection (2) , also disclose an interest in the issue, the other director must not— be present when the board is considering whether to give a direction under subsection (3) about the director; or take part in making the decision about giving the direction.\n(sch.1-sec.13-ssec.6) If— because of this section, a director is not present at a board meeting for considering or deciding an issue, or for considering or deciding whether to give a direction under subsection (3) ; and there would be a quorum if the director were present; the remaining directors present are a quorum of the board for considering or deciding the issue, or for considering or deciding whether to give the direction, at the meeting.\n(sch.1-sec.13-ssec.7) A disclosure under subsection (2) must be recorded in the board’s minutes.\n- (a) the director has a direct or indirect interest in an issue being considered, or about to be considered, by the board; and\n- (b) the interest could conflict with the proper performance of the director’s duties about the consideration of the issue.\n- (a) be present when the board considers the issue; or\n- (b) take part in a decision of the board about the issue.\n- (a) be present when the board is considering whether to give a direction under subsection (3) about the director; or\n- (b) take part in making the decision about giving the direction.\n- (a) because of this section, a director is not present at a board meeting for considering or deciding an issue, or for considering or deciding whether to give a direction under subsection (3) ; and\n- (b) there would be a quorum if the director were present;","sortOrder":234}],"analysis":{"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act has been significantly amended since 2000. Most notably, large portions of Part 2 (governance of Safe Food) were omitted by the 2020 amendments (No. 3 of 2020, s.103), removing sections 25–30, 32–38 entirely. The board structure was restructured by 2003 amendments (No. 82 of 2003), inserting the current board governance provisions (ss.16A–16F). The definition of 'primary produce' was expanded in 2003. The Food Act reference was updated from an earlier version to the Food Act 2006. The original scope — focused on establishing Safe Food and regulating primary produce production — remains intact, but the governance and institutional arrangements have been substantially reformed, and the scope of exemptions was refined (notably the wild-harvested produce exemption added in 2003–2004). The overall regulatory intent has remained consistent, but operational and governance details have narrowed or shifted over time."},"complexity_factors":["Multiple interlocking regulatory systems (accreditation, auditing, food safety schemes, food safety programs) that operate together and cross-reference each other","Complex exemption provisions in section 6 with multiple layers of exceptions to exceptions (e.g., retail premises are exempt, but meat retail premises are not, but premises where production is the main activity are not exempt, etc.)","Definitions of key terms like 'primary produce', 'production of primary produce', and 'substantially changed' are technically drawn and require careful reading to understand their scope","Scheme is a framework Act — much of the substantive detail is left to subordinate legislation (food safety schemes made by Governor in Council), meaning the Act alone does not tell you exactly what rules apply to your industry","Governance structure involves multiple layers: Minister, board of directors, chairperson, CEO, advisory committees, and delegations — with specific procedural requirements at each level","Procedural requirements for amending, suspending or cancelling accreditations and approvals are detailed and time-sensitive, with specific notice periods and rights of representation","Interactions with multiple other Acts (Food Act 2006, Financial Accountability Act 2009, Statutory Bodies Financial Arrangements Act 1982, Crime and Corruption Act 2001, Corporations Act) require knowledge of those laws to fully understand obligations","Numerous sections omitted or amended over time (visible from the omission markers throughout), indicating the law has evolved significantly and the current text may not reflect original intent without tracing amendments"],"plain_english_summary":"This law creates Safe Food Production QLD to regulate safety for primary produce from farm to pre‑retail, requiring most Queensland producers, processors and transporters to hold accreditation and maintain written food‑safety programs subject to independent auditing. \n\nIt matters because compliance (or failure) determines legal permission to operate, fees, and penalties, and aims to prevent contaminated primary food reaching consumers."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"On the face of the provided notes there is no indication the Act's scope was altered from its original design: it defines its objects (s.3), limits coverage with explicit retail and personal‑use exemptions (s.6), and vests scheme‑making and enforcement powers in the new statutory body and authorised officers. Any change to scope would require amendment or subordinate regulation; none is evident in these excerpts."},"complexity_factors":["Creation of a statutory body with broad regulatory, commercial and administrative powers (establishment, functions and powers: ss.13–15).","Layered governance: board composition, chair duties, CEO appointment/conditions and reporting/plan requirements (ss.16A–21; sch 1 conflict rules).","Ministerial oversight and direction with mandatory consultation and public gazettal (s.16).","Detailed operational rule‑making power to create subordinate food‑safety schemes affecting production methods and premises (s.39).","Extensive enforcement and investigation regime for authorised officers: ID, entry (consent/warrant/special warrant), search, seizure, testing, sample removal and production requirements (ss.88–95, 99–103).","Property and evidentiary procedures including seizure, retention, forfeiture, destruction/disposal of primary produce and associated owner compensation and debt recovery (ss.99–110, 121 referenced in notes).","Criminal and administrative compliance mechanisms with specified penalties and reasonable‑excuse protections (ss.96–97, 101).","Delegation and delegation limits for Safe Food and CEO, and limits on Safe Food acquiring interests in accredited entities (s.15; s.24).","Regulatory exemptions and scope limits for retail and personal use produce that require interpretation against scheme coverage (s.6).","Statutory formality and evidence rules for Safe Food documents and seal, affecting administrative certainty (ss.23A–23C)."],"plain_english_summary":"The Act creates Safe Food Production QLD, a statutory body empowered to design and run food‑safety schemes for primary produce, approve/accredit programs, inspect premises and vehicles, and seize, destroy or forfeit unsafe produce; it establishes a board, a CEO and allows Ministerial directions. It applies to primary‑produce businesses, owners and occupiers who must comply with schemes, permit authorised‑officer inspections and may bear costs through fees, cost‑recovery, compensation or penalties, concentrating decision and enforcement powers in the new body."},"issue_detection":{"absurdities":[{"type":"circular_definition","section":"sec.10(1)(a)","severity":"high","reasoning":"Section 10(1)(a) defines primary produce as 'food produced by the production of primary produce'. The term being defined ('primary produce') appears within its own definition. A reader cannot determine what primary produce is from this sub-paragraph alone without already knowing the answer. While other limbs (b), (c), (d) partially rescue the definition, sub-paragraph (a) is independently circular and could expand the definition infinitely.","confidence":0.95,"description":"Circular definition: 'Primary produce' is defined to include 'food produced by the production of primary produce'. The definition of 'primary produce' thus depends on the concept of 'primary produce' itself, making it circular and logically unresolvable without resort to the other sub-paragraphs."},{"type":"self_contradicting","section":"sec.9(2) and sec.9(3) read together","severity":"medium","reasoning":"Section 9(2) says meat retains its character when mixed with another substance. Section 12(b) says adding any food to primary produce substantially changes its nature. Section 11(2) says production of primary produce does not include a process that substantially changes the nature of the primary produce. So: mixing meat with another food (e.g., making a rissole) keeps it 'meat' under s.9(2), but also substantially changes it under s.12(b), thereby taking that process outside 'production of primary produce' under s.11(2) — creating a contradictory outcome for the same activity.","confidence":0.82,"description":"Meat 'does not stop being meat' when its nature is changed (other than by cooking) or mixed with another substance, yet examples listed in subsection (3) — meat rissoles, meat sausages, stir-fry lamb mix — are explicitly given as examples of things that are NOT smallgoods and thus remain 'meat'. However, sec.12 says adding any food to primary produce 'substantially changes' it, which under sec.11(2) would exclude such processes from 'production of primary produce'. These two provisions pull in opposite directions for mixed meat products."},{"type":"self_contradicting","section":"sec.11(1)(f) and sec.11(2) read with sec.12(a)","severity":"high","reasoning":"Section 11(1)(f) explicitly names pasteurisation as production of primary produce. Section 12(a) says the nature of primary produce is substantially changed if anything done to it markedly increases its shelf life. Pasteurisation by definition markedly extends shelf life. Section 11(2) says production of primary produce does not include a process that substantially changes the nature of the primary produce. These provisions are directly contradictory with respect to pasteurisation.","confidence":0.91,"description":"Pasteurisation of milk is expressly listed in sec.11(1)(f) as part of 'production of primary produce', yet pasteurisation is specifically designed to extend shelf life, which under sec.12(a) constitutes 'substantially changing' the nature of primary produce, which sec.11(2) says is excluded from 'production of primary produce'. The Act thus simultaneously includes and excludes pasteurisation."},{"type":"self_contradicting","section":"sec.11(1)(c) and sec.12(a)","severity":"high","reasoning":"Identical logical conflict to the pasteurisation issue. Freezing is listed in s.11(1)(c) as part of production of primary produce. Freezing self-evidently markedly increases shelf life. Section 12(a) therefore deems it to substantially change the produce. Section 11(2) then excludes such processes. Parliament has simultaneously included and excluded freezing.","confidence":0.9,"description":"Freezing is expressly listed as 'production of primary produce' under sec.11(1)(c), but freezing markedly increases shelf life, which sec.12(a) defines as 'substantially changing' the nature of the produce. Section 11(2) excludes processes that substantially change the nature of primary produce from being 'production of primary produce'."},{"type":"self_contradicting","section":"sec.6(2)(a) and sec.6(3)(a)","severity":"medium","reasoning":"The legislative structure of s.6 is: (2) general individual exemption — withdrawn if moved; (3) despite (2), still exempt if wild-harvested for own use. The 'despite' override in (3)(a) re-establishes the exemption even when the produce is moved, but only for wild harvest. This creates an anomaly: a person who grows tomatoes at home and carries them to a picnic is subject to the Act, but a person who picks wild berries and carries them to the same picnic is not — even though both activities carry comparable food safety risks, which cuts against the Act's objects.","confidence":0.75,"description":"Section 6(2)(a) says the Act does not apply to primary produce possessed by an individual for their own use, unless it is moved from the place of production. Section 6(3)(a) then carves out an exception to that exception, saying the Act still does not apply if the produce is harvested in the wild by an individual for their own use. However, the original exemption in 6(2)(a) already covered produce not moved from where it was produced. The only additional work s.6(3)(a) can do is re-exempting wild-harvested produce that is moved — yet this conflicts with the plain text of 6(2)(a) which withdraws the exemption upon movement. The nesting creates an incoherent structure where wild-harvested produce moved from the site of harvest is exempt, but identically-situated farm-produced produce moved from the site is not."},{"type":"other","section":"sec.10(1)(d)","severity":"low","reasoning":"The food safety framework is built around ensuring food is safe to consume. Extending it to substances labelled as not for consumption treats a non-food item as if it were food for regulatory purposes. While the policy intent (protecting public from inadvertent consumption) is understandable, it creates an internally anomalous category within what is nominally a food safety statute.","confidence":0.65,"description":"A substance that is labelled as NOT intended for human or animal consumption can become 'primary produce' (and thus regulated as food) if the Minister is satisfied it is likely to be consumed and poses a food safety hazard. However, the Act's object (sec.3(b)) is to ensure produce is fit for consumption and maintains food quality — an object that is logically inapplicable to a substance that by its own labelling is not intended for consumption. Regulating a non-food substance as if it were primary produce under a food safety act creates a category confusion."},{"type":"impossible_compliance","section":"sec.21(2)(b) and sec.16E(1)","severity":"low","reasoning":"While 30 days is not necessarily impossible, there is no fallback if the board cannot approve in time. More significantly, if the CEO submits late (no penalty is prescribed), the chairperson may be unable to give a board-approved plan to the Minister by 30 April, yet the chairperson is prohibited from giving an unapproved plan. The chairperson would then be in breach of sec.16E(1) through no fault of their own.","confidence":0.7,"description":"The chief executive officer must give the business plan to the board by 31 March (sec.21(2)(b)), and the chairperson must give the approved plan to the Minister by 30 April (sec.16E(1)). Between 31 March and 30 April the board must review and approve the plan. This creates an impossible compliance window if the plan is submitted on 31 March itself — the board must convene, review, and approve within 30 days, with no mechanism to extend the 30 April deadline if board approval is delayed."},{"type":"impossible_compliance","section":"sec.54(4) and sec.53(3)","severity":"medium","reasoning":"Timeline: immediate suspension day 0 → notice given by day 7 → representations close no earlier than day 35 → Safe Food must then consider and decide → decision notified. If the decision process takes more than ~25 days after representations close (day 60), the suspension lapses automatically under sec.54(5)(b). The 60-day outer limit is potentially too short to accommodate the mandatory 28-day representation period plus any meaningful deliberation, especially for complex cases.","confidence":0.78,"description":"Upon immediate suspension under sec.54, Safe Food must give the holder a sec.53(2) notice within 7 days. Section 53(3) requires that the notice allow at least 28 days for representations. However, sec.54(5)(b) says the immediate suspension lapses after 60 days if no decision is made. The 28-day representation period plus the time needed to consider representations and make a decision under sec.53(4) could easily consume the 60-day window, leaving inadequate time for Safe Food to complete the process — meaning serious food safety suspensions could automatically lapse before a proper decision is made."}],"contradictions":[{"severity":"high","section_a":"sec.11(1)(f)","section_b":"sec.11(2) read with sec.12(a)","confidence":0.91,"description":"Pasteurisation is expressly included as 'production of primary produce' in sec.11(1)(f), but sec.11(2) excludes any process that substantially changes the nature of primary produce, and sec.12(a) defines substantial change to include markedly increasing shelf life — which pasteurisation self-evidently does. The same activity is simultaneously included and excluded."},{"severity":"high","section_a":"sec.11(1)(c)","section_b":"sec.11(2) read with sec.12(a)","confidence":0.9,"description":"Freezing is listed in sec.11(1)(c) as production of primary produce, but freezing markedly increases shelf life, thereby substantially changing the nature of primary produce under sec.12(a), which sec.11(2) excludes from the definition of production of primary produce."},{"severity":"medium","section_a":"sec.9(2)","section_b":"sec.12(b) read with sec.11(2)","confidence":0.82,"description":"Section 9(2) says meat retains its identity as meat when mixed with another substance. Section 12(b) says adding any food to primary produce substantially changes its nature. Section 11(2) excludes substantially-changed primary produce processes from 'production of primary produce'. Together, these provisions simultaneously characterise a mixed meat product as 'meat' under Part 1 and exclude the process of making it from being 'production of primary produce' under Part 1."},{"severity":"low","section_a":"sec.3(b)(i)","section_b":"sec.10(1)(d)","confidence":0.65,"description":"The Act's object is to ensure primary produce is fit for human or animal consumption. Section 10(1)(d) includes within 'primary produce' substances explicitly labelled as NOT intended for human or animal consumption. The regulatory object of fitness for consumption cannot coherently apply to substances definitionally excluded from the category of food."},{"severity":"medium","section_a":"sec.6(2)(a)","section_b":"sec.6(3)(a)","confidence":0.75,"description":"Section 6(2)(a) withdraws the individual exemption when produce is moved from the place of production. Section 6(3)(a) reinstates the exemption for wild-harvested produce even when moved. These provisions directly contradict each other on the question of whether movement defeats the individual exemption, with different outcomes based solely on whether the produce was wild-harvested rather than cultivated — a distinction with no apparent food-safety rationale."},{"severity":"low","section_a":"sec.13(3)","section_b":"sec.23(1)(a)","confidence":0.6,"description":"Section 13(3) states Safe Food does not represent the State. Section 23(1)(a) declares Safe Food is a statutory body under the Financial Accountability Act 2009 and the Statutory Bodies Financial Arrangements Act 1982. Under those Acts, statutory bodies are public sector entities subject to State financial control and accountability mechanisms that presuppose a relationship with the State. Declaring Safe Food simultaneously a statutory body of the State and not a representative of the State creates a structural tension as to Safe Food's legal and financial character."},{"severity":"low","section_a":"sec.15(3)","section_b":"sec.14(g)","confidence":0.55,"description":"Section 14(g) gives Safe Food the function of granting accreditations. Section 15(3) prohibits Safe Food from acquiring shares or another interest in an entity holding an accreditation. However, nothing prevents Safe Food from acquiring an interest in an entity before it is accredited and then granting that entity an accreditation — which would achieve the same conflicted outcome the prohibition presumably intends to prevent. The prohibition is under-inclusive relative to its apparent purpose."}]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"_metrics":{"completionTokens":610},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act has expanded significantly from its original 2000 scope. Initially focused on establishing Safe Food and basic accreditation, it has grown through amendments (particularly 2002, 2003, 2020) to absorb the Queensland Livestock and Meat Authority, Queensland Dairy Authority, and their respective regulatory regimes. The 2003 amendments added extensive board governance structures. The 2020 amendments dissolved advisory committees and streamlined governance. What began as a framework Act became an amalgamation vehicle for entire predecessor regulatory systems, with complex transitional provisions preserving old rights and liabilities."},"complexity_factors":["Multiple nested exemption clauses in section 6 with 'other than' exceptions to exceptions","Cross-references to repealed Acts and transitional provisions spanning 20+ years of amendments","Defined terms rely on dictionary in Schedule 2 not provided in extract","Complex corporate governance structure with board, CEO, and Ministerial directions","Emergency powers in section 116 with conditional override of normal procedural safeguards","Parallel accreditation and approval systems for producers (Part 5) and auditors (Part 6) with similar but not identical procedures","Subordinate legislation (food safety schemes) with offence-creating powers delegated to Governor in Council","Multiple transitional divisions handling succession from three predecessor bodies"],"plain_english_summary":"This Queensland Act establishes **Safe Food Production QLD** (Safe Food), a government body that regulates food safety in the production of **primary produce** — basically raw food products from farms, fisheries, and similar sources before they reach consumers.\n\n**What it does:**\n- Creates Safe Food as a corporate body with powers to make rules (called **food safety schemes**) for different industries\n- Requires businesses producing primary produce to get **accreditation** (official permission) from Safe Food\n- Makes businesses prepare **food safety programs** identifying hazards and how they'll control them\n- Sets up a system of **auditors** who check businesses are following the rules\n- Gives **authorised officers** strong powers to enter premises, inspect, seize unsafe food, and issue fines\n\n**Who it affects:**\n- Farmers, fishers, meat processors, dairy producers, and other primary producers\n- Businesses transporting, storing, or handling raw food before it hits shops\n- Auditors and food safety consultants\n\n**Key exemptions:**\n- Small-scale producers selling direct to consumers (like farm gate sales) often don't need accreditation\n- People growing food for their own use\n- Retail premises where food production isn't the main activity\n\n**Serious offences** include supplying unsafe food, meat substitution (passing off one animal as another), and producing food without proper accreditation — with penalties up to 3,000 penalty units or 2 years imprisonment.\n\nThe Act also repealed older industry-specific laws (Dairy Industry Act 1993 and Meat Industry Act 1993), bringing those sectors under this unified framework."}},"importantCases":[],"_links":{"self":"/api/acts/food-production-safety-act-2000","history":"/api/acts/food-production-safety-act-2000/history","analysis":"/api/acts/food-production-safety-act-2000/analysis","conflicts":"/api/acts/food-production-safety-act-2000/conflicts","importantCases":"/api/acts/food-production-safety-act-2000/important-cases","documents":"/api/acts/food-production-safety-act-2000/documents"}}