{"id":"tas:sr-2023-090","name":"Primary Produce Safety (General) Regulations 2023","slug":"primary-produce-safety-general-regulations-2023","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"90 of 2023","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":179456,"registerId":"tas-tas:sr-2023-090-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> These regulations may be cited as the [Primary Produce Safety (General) Regulations 2023](/view/html/inforce/2026-04-12/sr-2023-090) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> These regulations take effect on the day on which their making is notified in the *Gazette*.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> In these regulations –\n> \n> > ***Act*** means the [Primary Produce Safety Act 2011](/view/html/inforce/2026-04-12/act-2011-036) .","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Application fee for food safety auditors","content":"### 4 Application fee for food safety auditors\n\n> For the purposes of [section 58(6)(b)](/view/html/inforce/2026-04-12/act-2011-036#GS58@Gs6@Hpb@EN) of the Act, the prescribed fee for an application for approval to be a food safety auditor is 175 fee units.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Infringement notices","content":"### 5 Infringement notices\n\n> For the purposes of [section 53](/view/html/inforce/2026-04-12/act-2011-036#GS53@EN) of the Act –\n> \n> > > (a) an offence against a provision of the Act specified in column 1 of the table in [Schedule 1](#JS1@EN) is prescribed as an offence for which an infringement notice may be served; and\n> > \n> > > (b) a penalty specified in column 2 of the table in [Schedule 1](#JS1@EN) is prescribed as the penalty for a natural person for the corresponding offence specified in column 1 of the table; and\n> > \n> > > (c) a penalty specified in column 3 of the table in [Schedule 1](#JS1@EN) is prescribed as the penalty for a body corporate for the corresponding offence specified in column 1 of the table.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Legislation rescinded","content":"### 6 Legislation rescinded\n\n> The legislation specified in [Schedule 2](#JS2@EN) is rescinded.","sortOrder":5},{"sectionNumber":"SCHEDULE 1 - Infringement Noti","sectionType":"part","heading":"SCHEDULE 1 - Infringement Notice Offences","content":"# SCHEDULE 1 - Infringement Noti SCHEDULE 1 - Infringement Notice Offences\n\n[Regulation 5](#GS5@EN)\n\n|  | Provision of Act | Penalty – Individual (Penalty units) | Penalty – Body corporate (Penalty units) |\n| 1. | Section 15(3) | 5 | 10 |\n| 2. | Section 27 | 5 | 10 |\n| 3. | Section 28 | 4 | 8 |\n| 4. | Section 29 | 5 | 10 |\n| 5. | Section 30(2) | 1 | 5 |\n| 6. | Section 31 | 5 | 10 |\n| 7. | Section 39 | 5 | 10 |\n| 8. | Section 40 | 5 | 10 |\n| 9. | Section 41 | 5 | 10 |\n| 10. | Section 42(1) | 5 | 10 |\n| 11. | Section 42(2) | 5 | - |\n| 12. | Section 43 | 5 | 5 |\n| 13. | Section 44(2) | 5 | 10 |\n| 14. | Section 49(5) | 5 | 10 |\n| 15. | Section 50(12) | 5 | 10 |\n| 16. | Section 54(3) | 5 | 10 |\n| 17. | Section 68(1) | 5 | 10 |\n| 18. | Section 68(2) | 5 | - |\n| 19. | Section 69 | 5 | 5 |\n| 20. | Section 84 | 2 | 5 |","sortOrder":6},{"sectionNumber":"SCHEDULE 2 - Legislation resci","sectionType":"part","heading":"SCHEDULE 2 - Legislation rescinded","content":"# SCHEDULE 2 - Legislation resci SCHEDULE 2 - Legislation rescinded\n\n[Regulation 6](#GS6@EN)\n\n| Primary Produce Safety (General) Regulations 2014 (No. 24 of 2014) |\n\nDisplayed and numbered in accordance with the *[Rules Publication Act 1953](/view/html/inforce/current/act-1953-050)*.\n\nNotified in the *Gazette* on 20 December 2023\n\nThese regulations are administered in the Department of Natural Resources and Environment Tasmania.","sortOrder":7}],"analysis":{"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"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This instrument replaces the Primary Produce Safety (General) Regulations 2014 (reg 6/Schedule 2) and sets administrative details: a prescribed auditor application fee (reg 4) and an infringement‑notice schedule with specified penalty units for listed Act offences (reg 5 and Schedule 1). It does not amend the Act itself; it alters regulatory implementation and enforcement pathways by prescribing which offences may attract infringement notices and the monetary scale of those notices."},"complexity_factors":["Cross-references to the Primary Produce Safety Act for legal effect (regs 3, 4 and 5 reference s58(6)(b) and s53 of the Act)","Use of fee units and penalty units to quantify costs (reg 4; Schedule 1) without defining the unit value in the instrument","Differentiated penalties for individuals and bodies corporate, including some entries marked not applicable (Schedule 1)","Rescission of prior regulations (reg 6 and Schedule 2) requiring readers to compare instruments to see net changes","Simple commencement mechanism tied to Gazette notification (reg 2) rather than a fixed date","Short instrument with concentrated operational changes (fees, infringement schedule) but dependent on the Act for enforcement mechanics"],"plain_english_summary":"These regulations set an application fee of 175 fee units for approval as a food‑safety auditor (reg 4, cf. s58(6)(b) of the Act), prescribe which offences under the Primary Produce Safety Act may be dealt with by infringement notices and the penalty amounts for individuals and corporations (reg 5 and Schedule 1), and rescind the 2014 Primary Produce Safety (General) Regulations (reg 6 and Schedule 2). They commence when notified in the Gazette (reg 2)."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Insufficient content was provided to assess whether the scope of these regulations changed from their original intent. The document contains only administrative metadata (currency, amendment table references, responsible minister note, and file modification date). No regulatory provisions, explanatory memoranda, or amendment history details were included."},"complexity_factors":["Only metadata and status information was provided — no substantive regulatory content was available for analysis","Cannot assess cross-references, definitions, exemptions, or compliance obligations without the actual text","Primary produce safety regulations in general can be moderately complex due to food safety standards, licensing requirements, and interaction with federal food law (e.g., Food Standards Australia New Zealand), but this cannot be confirmed from the supplied text","Score reflects the extreme limitation of the provided content, not necessarily the underlying instrument"],"plain_english_summary":"These Tasmanian regulations, in force since 20 December 2023, set out operational rules under the Primary Produce Safety Act for managing food-safety risks in primary produce (e.g., farmed, harvested, and handled raw food) within Tasmania. They affect primary producers and food businesses involved in producing or handling raw produce before retail.\n\nThe supplied document contains only metadata, so specific obligations, penalties, or rights in the regulations cannot be determined from this text alone."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulations maintain the traditional scope of subordinate legislation under the Primary Produce Safety Act 2011—setting fees, prescribing infringement offences, and repealing superseded regulations. There is no evidence of scope creep beyond the standard administrative functions expected of regulations under this Act."},"complexity_factors":["Only 1 defined term ('Act') in the interpretation section","No nested conditional logic or cross-references beyond pointing to the parent Act and two schedules","Straightforward tabular structure for offences with clear monetary equivalents","Total length is extremely short (6 regulations plus 2 schedules)","No exceptions, exemptions, or discretionary powers described within the instrument itself"],"plain_english_summary":"This is a short, technical set of rules made under Tasmania's Primary Produce Safety Act 2011. It does three main things:\n\n**1. Sets a fee for food safety auditors**\n- Anyone applying to become an approved food safety auditor must pay 175 fee units (the government uses \"fee units\" so the dollar amount can be adjusted over time without changing the law).\n\n**2. Creates a list of offences that can be dealt with by infringement notices**\n- An infringement notice (also called an \"on-the-spot fine\") lets enforcement officers issue a penalty without going to court.\n- The regulations list 20 specific offences from the parent Act that can be handled this way, with set fines:\n  - For individuals: mostly 5 penalty units, ranging from 1 to 5\n  - For companies: mostly 10 penalty units, ranging from 5 to 10\n- Some offences only apply to individuals (sections 42(2) and 68(2)), which is why the corporate column shows \"-\" for those rows.\n\n**3. Repeals the old 2014 regulations**\n- These new 2023 regulations replace the 2014 version completely.\n\n**Who it affects:** Food safety auditors applying for approval, and anyone regulated under the Primary Produce Safety Act (primary producers, food businesses, etc.) who might commit the listed offences.\n\n**Why it matters:** It streamlines enforcement by specifying exactly which breaches can be fined on-the-spot and how much, and updates the fee structure for auditors."}},"importantCases":[],"_links":{"self":"/api/acts/primary-produce-safety-general-regulations-2023","history":"/api/acts/primary-produce-safety-general-regulations-2023/history","analysis":"/api/acts/primary-produce-safety-general-regulations-2023/analysis","conflicts":"/api/acts/primary-produce-safety-general-regulations-2023/conflicts","importantCases":"/api/acts/primary-produce-safety-general-regulations-2023/important-cases","documents":"/api/acts/primary-produce-safety-general-regulations-2023/documents"}}