Food Act 2004
133Publication of names of offenders
Start here
Get a plain-English read of 133
Turn the raw legal text into a practical explanation grounded in Food Act 2004.
133 Publication of names of offenders (1) The Chief Health Officer may publish in the Gazette, or a newspaper or other publication circulating in the Territory or a part of the Territory, a notice in respect of a person who is found guilty, or whose employee or agent is found guilty, of an offence against this Act or the Regulations relating to handling or selling of food. (2) The notice may contain the following information: (a) the address of the person's place of business; (b) the name under which the person carries on business; (c) a description of the nature of the offence, the decision of the court, the penalty imposed or any forfeiture incurred;
Food Act 2004 75 (d) any other information relating to the safety of the food concerned as the Chief Health Officer considers appropriate. (3) If the Chief Health Officer publishes a notice under subsection (1), he or she must do so within 21 days after the finding of guilt is made, unless the person found guilty appeals against the finding of guilt. (4) If the person appeals, the Chief Health Officer must not publish a notice under this section unless a final order is made on appeal affirming the finding of guilt. (5) If the finding of guilt is affirmed by final order on appeal and the Chief Health Officer decides to publish a notice under subsection (1) in respect of the affirmed finding of guilt, the Chief Health Officer must do so no later than 21 days after the final order on appeal is made. (6) A person who in good faith publishes the edition of the newspaper or other publication in which a notice under this section is published incurs no liability for doing so.