146Publication of details of food businesses related to

146 Publication of details of food businesses related to offences representative of the person means— (a) if the person is an individual—an employee or agent of the person; or

(b) if the person is a corporation—an employee, agent or executive officer of the person. (2) This section applies to a person if the person, or a representative of the person, is convicted, or found guilty, of an offence against this Act in relation to the handling of food intended for sale or the sale of food. (3) The chief health officer— (a) must publish a notice about the conviction, or finding of guilt, on a register kept by the chief health officer; and (b) if the chief health officer considers it in the public interest—may give public notice about the conviction, or finding of guilt. Note Public notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act, dict, pt 1). (4) A notice published on the register may be kept on the register for not more than 2 years. (5) The chief health officer may— (a) correct any mistake, error or omission in the register, subject to any requirements prescribed by regulation; and (b) change a detail included in the register to keep the register up-to- date. (6) The register— (a) may be kept in any form the chief health officer considers appropriate; and (b) must, as far as practicable, be available for public inspection, free of charge, during normal business hours on any business day. (7) A notice may contain— (a) the person’s name; and

(b) the business name under which the person conducts the food business in relation to which the offence was committed; and (c) the address of the food business concerned; and (d) a description of the offence, the decision of the court and the penalty imposed on the person or a representative of the person (including the forfeiture of anything under this Act); and (e) any other information in relation to the safety of the food concerned that the chief health officer considers is appropriate. (8) A notice must be published after— (a) the time for making an appeal against the conviction, or finding of guilt, ends without an application for an appeal being made; or (b) if an appeal is made against the conviction or finding of guilt— the defendant’s conviction, or the finding of guilt, is confirmed on appeal, and the time for making any further appeal in relation to the conviction or finding of guilt ends without an application for an appeal being made; or (c) if on appeal a court directs that the defendant be retried and the defendant is convicted, or found guilty, of an offence against this Act—paragraph (a) or (b) applies to that conviction or finding of guilt. Note A notice must be published as soon as possible after the time mentioned in s (8) (a), (b) or (c) (whichever applies) (see Legislation Act, s 151B). (9) No liability is incurred by a person or the Territory for publishing honestly— (a) a notice under this section; or (b) a fair report or summary of such a notice.