Food Act 2006
sec.278Regulation-making power
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sec.278 Regulation-making power
The Governor in Council may make regulations under this Act. A regulation may— prescribe that the food standards code applies with the changes stated in the regulation; and be about matters relating to audits of accredited food safety programs; and prescribe that a food safety program prepared and maintained under the Food Production (Safety) Act 2000 for a type of food business is taken to be an accredited food safety program under this Act for the same or a similar type of food business; and prescribe fees payable under this Act and the matters for which the fees are payable; and impose a penalty of no more than 50 penalty units for contravention of a regulation. A regulation under subsection (2) (a) may state that, for the purpose of applying the food standards code for this Act, a provision or part of a provision of the code does not apply or applies with the changes stated in the regulation. Also, a regulation under subsection (2) (a) — expires 1 year after it is made; and is of no effect to the extent it conflicts with— section 14 (2) (b) ; or the changes to the food standards code stated in schedule 2 . If a regulation under subsection (2) (a) prescribes a change in relation to the application of the food standards code for this Act, the Minister may not recommend to the Governor in Council the making of another regulation about the same matter. (sec.278-ssec.1) The Governor in Council may make regulations under this Act. (sec.278-ssec.2) A regulation may— prescribe that the food standards code applies with the changes stated in the regulation; and be about matters relating to audits of accredited food safety programs; and prescribe that a food safety program prepared and maintained under the Food Production (Safety) Act 2000 for a type of food business is taken to be an accredited food safety program under this Act for the same or a similar type of food business; and prescribe fees payable under this Act and the matters for which the fees are payable; and impose a penalty of no more than 50 penalty units for contravention of a regulation. (sec.278-ssec.3) A regulation under subsection (2) (a) may state that, for the purpose of applying the food standards code for this Act, a provision or part of a provision of the code does not apply or applies with the changes stated in the regulation. (sec.278-ssec.4) Also, a regulation under subsection (2) (a) — expires 1 year after it is made; and is of no effect to the extent it conflicts with— section 14 (2) (b) ; or the changes to the food standards code stated in schedule 2 . (sec.278-ssec.5) If a regulation under subsection (2) (a) prescribes a change in relation to the application of the food standards code for this Act, the Minister may not recommend to the Governor in Council the making of another regulation about the same matter.
- (a) prescribe that the food standards code applies with the changes stated in the regulation; and