3Interpretation

3 Interpretation

(1) In this Act, unless the contrary intention appears:

applicable standard, in relation to particular food, or a particular matter affecting food, at a particular time, means the national standard in force in relation to that food or matter at that time.

Australia New Zealand Food Standards Code has the same meaning as in the Food Standards Australia New Zealand Act 1991.

authorised officer means:

(a) the Secretary; or
(b) an APS employee in the Department appointed by the Secretary under subsection 40(1); or
(c) a person appointed by the Secretary under subsection 40(2).

civil penalty provision has the same meaning as in the Regulatory Powers Act.

compliance agreement means a compliance agreement entered into under section 35A.

Customs Act means the Customs Act 1901.

customs control, in relation to food, means customs control under the Customs Act.

deal with, in relation to food, includes:

(a) moving, altering or interfering with in any physical manner whatsoever; and
(b) entering into a transaction whereby the ownership of the food, or of any beneficial interest in the food, passes from one person to another.

examinable food means:

(a) food of a kind that is the subject of an order made for the purposes of paragraph 16(2)(a); or
(b) food of a kind that is the subject of a holding order; or
(c) particular food that, despite the fact that it is not food of a kind that is the subject of an order made for the purposes of paragraph 16(2)(a) or of a holding order, is nevertheless required to be inspected, or inspected and analysed, under the Food Inspection Scheme; or
(d) particular food, other than food of a kind referred to in paragraph (a) or (b) or food referred to in paragraph (c):
(i) that an authorised officer has reasonable grounds to believe may be failing food; and
(ii) in respect of which the officer has notified that belief to an owner.

failing food means examinable food, that:

(a) as a result of an inspection, or inspection and analysis, under the Food Inspection Scheme, is found to be:
(i) food that does not meet the applicable standards for that food; or
(ii) food that poses a risk to human health; or
(b) is taken, under the provisions of the Scheme, to be such food.