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FOOD ACT 2001

Table of Provisions

PART 1--PRELIMINARY

  • 1 Name of Act  
  • 3 Objects of Act  
  • 4 Dictionary  
  • 5 Notes  
  • 5A Offences against Act—application of Criminal Code etc  
  • 6 Application of Act to primary food production  
  • 7 Application of Act to water suppliers  
  • 7A Application of Act to certain food businesses  

PART 2--KEY CONCEPTS

PART 3--OFFENCES RELATING TO FOOD

Division 3.1--Preliminary

  • 14 Application of pt 3 to food sold etc outside ACT  
  • 15 False descriptions of food  

Division 3.2--Serious offences relating to food

  • 16 Knowingly handling food in unsafe way  
  • 17 Knowingly selling unsafe food  
  • 18 Knowingly describing food falsely  

Division 3.3--Other offences relating to food

  • 19 Negligently handling food in unsafe way  
  • 20 Negligently selling unsafe food  
  • 21 Negligently describing food falsely  
  • 22 Handling and sale of unsafe food  
  • 23 Handling and sale of unsuitable food  
  • 24 Misleading conduct relating to sale of food  
  • 25 Sale of food not complying with purchaser's demand  
  • 26 Sale of unfit equipment or packaging or labelling material  
  • 27 Compliance with food standards code  

Division 3.4--Defences

  • 28 Defence relating to publication of advertisements  
  • 29 Defence relating to food for export  
  • 30 Defence of appropriate diligence  
  • 31 Defence in relation to handling food  
  • 32 Defence in relation to sale of unfit equipment or packaging or labelling  

Division 3.5--Other matters

  • 34 Onus on defendant to prove certain statements about food  
  • 35 Alternative verdicts for handling food in unsafe way  
  • 36 Alternative verdicts for selling unsafe food  

PART 4--EMERGENCY POWERS

  • 37 Definitions for pt 4  
  • 38 Making of emergency orders  
  • 39 Nature of emergency orders  
  • 40 Special provisions relating to recall orders  
  • 41 How orders are made  
  • 42 Operation of emergency orders  
  • 43 Contravening emergency order  
  • 44 Compensation for emergency order  

PART 5--INSPECTION AND SEIZURE POWERS

Division 5.1--General

  • 45 Definitions for pt 5  

Division 5.2--Powers of authorised officers generally

  • 46 Power to enter premises  
  • 47 Production of identity card  
  • 48 Consent to entry  
  • 49 Warrants  
  • 50 Warrants—application made other than in person  
  • 51 General powers of authorised officers  
  • 52 Power to seize things  
  • 53 Power to destroy decomposed food etc  
  • 54 Power to require name and address  

Division 5.3--Return and forfeiture of things seized

  • 55 Receipt for things seized  
  • 56 Access to things seized  
  • 57 Return of things seized  
  • 58 Application for order disallowing seizure  
  • 59 Order for return of seized thing  
  • 60 Adjournment pending hearing of other proceedings  
  • 61 Forfeiture of seized things  
  • 62 Return of forfeited things  
  • 63 Cost of disposal of things forfeited  

Division 5.4--Miscellaneous

  • 70 Damage etc to be minimised  
  • 71 Compensation to be paid in certain circumstances  

PART 6--TAKING AND ANALYSIS OF FOOD SAMPLES

  • 72 Samples for routine monitoring of Act  
  • 73 Other samples—proprietor to be told sample to be analysed  
  • 74 Payment for samples  
  • 75 Samples from packaged food  
  • 76 Procedures for dividing food samples  
  • 77 Analysis to comply with food standards code  
  • 78 Certificates of analysis by authorised analysts  

PART 7--IMPROVEMENT NOTICES AND PROHIBITION ORDERS

  • 79 Service of improvement notices  
  • 80 Contents of improvement notices  
  • 81 Compliance with improvement notices  
  • 82 Service of prohibition orders  
  • 83 Contents of prohibition orders  
  • 84 Scope of improvement notices and prohibition orders  
  • 84A Display of closure notices  
  • 84B Contents of closure notices  
  • 84C Proprietor to maintain closure notice  
  • 85 Request for reinspection  
  • 86 Clearance certificates  
  • 87 Contravention of improvement notices and prohibition orders  
  • 88 Compensation for prohibition order  

PART 8--REGISTRATION OF FOOD BUSINESSES

  • 89 Offence—food business not registered or exempt  
  • 90 Food businesses exempt from registration  
  • 91 Regulated events  
  • 92 Registration of food businesses  
  • 93 Renewal of registration  
  • 94 Issue or amendment of registration subject to conditions  
  • 95 Registered food businesses—procedure for imposition etc of conditions on chief health  
  • 96 Certificate of registration  
  • 97 Change in details of registration or operation of food business  
  • 98 Replacement of certificates of registration  
  • 98A Registration certificate must be displayed  
  • 99 Food business to be conducted in accordance with registration  
  • 100 Action that may be taken in relation to registration of food  
  • 101 Procedure for taking action in relation to registration  
  • 102 Immediate suspension of registration  
  • 103 Return of certificate of registration  
  • 104 Surrender of registration  
  • 105 Food business register  
  • 106 Publication and inspection of food business register  

PART 9--DISPLAY OF NUTRITIONAL INFORMATION FOR FOOD

  • 107 Definitions—pt 9  
  • 108 Meaning of standard food item—pt 9  
  • 109 Meaning of standard food outlet  
  • 110 Certain standard food outlets to display nutritional information  
  • 111 Voluntary display of nutritional information to meet certain  
  • 112 Commencement of regulation made for s 110 or s 111  
  • 113 Display or distribution of explanatory material etc about nutritional  
  • 114 Exemptions from pt 9  

PART 9A--FOOD SAFETY SUPERVISORS

  • 116 Definitions—pt 9A  
  • 117 Registered food business to have food safety supervisor  
  • 118 Proprietor of registered food business may be food safety supervisor  
  • 119 Food safety training approval guidelines  
  • 120 Exemptions—pt 9A  

PART 10--PROCEDURAL AND EVIDENTIARY PROVISIONS

  • 126 Liability of employees and agents  
  • 127 Acts and omissions of representatives  
  • 128 Offences by corporations  
  • 129 Right of defendant to have third person before court  
  • 130 Alternative defendants  
  • 131 Renewal or amendment of registration not to affect prosecution  
  • 132 Presumptions  
  • 133 Certificate evidence etc  
  • 135 Admissibility of analysis of food sample taken by authorised officer  
  • 136 No defence to claim deterioration of sample  
  • 137 Power of court to order further analysis  
  • 138 Disclosure by witnesses  
  • 139 Court may order costs and expenses  
  • 140 Court may order forfeiture  
  • 141 Court may order corrective advertising  

PART 11--NOTIFICATION AND REVIEW OF DECISIONS

  • 141A Meaning of reviewable decision—pt 11  
  • 141B Reviewable decision notices  
  • 141C Applications for review  

PART 12--MISCELLANEOUS

  • 142 Joint liability for amounts payable to the Territory  
  • 144 Protection from liability  
  • 145 Secrecy  
  • 146 Publication of details of food businesses related to offences  
  • 149 Codes of practice  
  • 150 Determination of fees  
  • 152 Regulation-making power  
  • 153 Temporary emergency regulations  

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