Australian Capital Territory Consolidated Regulations

FOOD REGULATION 2002 - NOTES

(see s 2)

Note 1     The Legislation Act contains definitions and other provisions relevant to this regulation.

Note 2     For example, the Legislation Act, dict, pt 1, defines the following terms:

              •     Act

              •     chief health officer.

Note 3     Terms used in this regulation have the same meaning that they have in the Food Act 2001 (see Legislation Act, s 148). For example, the following terms are defined in the Food Act 2001, dict:

              •     food business

              •     food safety standard

              •     food standards code

              •     registered.

"food safety auditor" means a person authorised to be a food safety auditor under section 9.

Endnotes

1     About the endnotes

Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.

Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office.

Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.

If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.

The endnotes also include a table of earlier republications.

2     Abbreviation key

am = amended	ord = ordinance
amdt = amendment	orig = original
ch = chapter	par = paragraph/subparagraph
def = definition	pres = present
dict = dictionary	prev = previous
disallowed = disallowed by the Legislative	(prev...) = previously
Assembly	pt = part
div = division	r = rule/subrule
exp = expires/expired	renum = renumbered
Gaz = gazette	reloc = relocated
hdg = heading	R[X] = Republication No
IA = Interpretation Act 1967	RI = reissue
ins = inserted/added	s = section/subsection
LA = Legislation Act 2001	sch = schedule
LR = legislation register	sdiv = subdivision
LRA = Legislation (Republication) Act 1996	sub = substituted
mod = modified/modification	SL = Subordinate Law
o = order	underlining = whole or part not commenced
om = omitted/repealed	or to be expired

3     Legislation history

This regulation was originally the Food Regulations 2002. It was renamed under the Legislation Act 2001.

Food Regulation 2002 SL2002-10

notified LR 7 May 2002

s 1, s 2 commenced 7 May 2002 (LA s 75 (1))

remainder commenced 8 May 2002 (s 2)

as amended by

Food Amendment Regulations 2002 SL2002-14

notified LR 11 June 2002

commenced 11 June 2002 (s 2)

Food Amendment Regulations 2003 (No 1) SL2003-19

notified LR 1 July 2003

s 1, s 2 commenced 1 July 2003 (LA s 75 (1))

remainder commenced 2 July 2003 (s 2)

Statute Law Amendment Act 2005 A2005-20 sch 3 pt 3.24

notified LR 12 May 2005
s 1, s 2 taken to have commenced 8 March 2005 (LA s 75 (2))
sch 3 pt 3.24 commenced 12 November 2005 (s 2 (2) and LA s 79)

Food (Safety Programs) Amendment Regulation 2007 (No 1) SL2007-14

notified LR 31 May 2007

s 1, s 2 commenced 31 May 2007 (LA s 75 (1))

remainder commenced 1 June 2007 (s 2)

4     Amendment history

Name of regulation
s 1     am R5 LA

Dictionary
s 2     om LA s 89 (4)
    ins SL2007-14 s 4

Notes
s 2A     renum as s 3

Notes
s 3     orig s 3 renum as s 4
    (prev s 2A) ins SL2007-14 s 4
    renum as s 3 SL2007-14 s 5

Excluded reticulated water systems—Act, s 7 (3), def of relevant reticulated water system, par (c)
s 4     orig s 4 renum as s 5
    (prev s 3) renum as s 4 SL 2007-14 s 5

Excluded primary food production activities—Act, s 11 (2) (c)
s 5     orig s 5 renum as s 6
    (prev s 4) am SL2003-19 s 4
    renum as s 5 SL2007-14 s 5

Food businesses exempt from registration—Act, s 89
s 6     orig s 6 renum as s 7
    (prev s 5) am SL2003-19 s 5
    renum as s 6 SL2007-14 s 5

Food standards code—incorporation
s 7     orig s 7 renum as s 8
    (prev s 6) renum as s 7 SL2007-14 s 5

Food standards code—meaning of appropriate enforcement agency
s 8     orig s 8 om A2005-20 amdt 3.160
    (prev s 7) renum as s 8 SL2007-14 s 5

Food safety programs
pt 3 hdg     om A2005-20 amdt 3.160
    ins SL2007-14 s 6

Food safety auditors
s 9     om A2005-20 amdt 3.160
    ins SL2007-14 s 6

Functions of food safety auditors
s 10     om A2005-20 amdt 3.160
    ins SL2007-14 s 6

Reporting requirements
s 11     om A2005-20 amdt 3.160
    ins SL2007-14 s 6

Audit frequency
s 12     om A2005-20 amdt 3.160
    ins SL2007-14 s 6

Food safety program to be given to chief health officer and made available to employees
s 13     om A2005-20 amdt 3.160
    ins SL2007-14 s 6

Identifying particulars for authorised officer for reminder notice—Act, s120 (f)
s 14     om A2005-20 amdt 3.160

Costs if liability disputed—Act, s 124 (3) (b)
s 15     om A2005-20 amdt 3.160

Modifications of Act
pt 4 hdg     ins SL2002-14 s 4
    exp 10 March 2003 (s 17)

Modification of Act, pt 12
s 16     ins SL2002-14 s 4
    exp 10 March 2003 (s 17)

Expiry of pt 4 and sch 2
s 17     ins SL2002-14 s 4
    exp 10 March 2003 (s 17)

Infringement notice offences and penalties
sch 1     om A2005-20 amdt 3.161

Modification of Act, part 12
sch 2     ins SL2002-14 s 5
    exp 10 March 2003 (s 17)

Dictionary
dict     ins SL2007-14 s 7
    def food safety auditor ins SL2007-14 s 7

5     Earlier republications

Some earlier republications were not numbered. The number in column 1 refers to the publication order.

Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.

Republication No	Amendments to	Republication date
1	not amended	8 May 2002
2	SL 2002 No 14	12 June 2002
3	SL2002-14	11 March 2003
4	SL2003-19	2 July 2003
5	SL2003-19	3 November 2004
6	A2005-20	12 November 2005

© Australian Capital Territory 2007

Australian Capital Territory

SL2002-10

Republication No 7

Effective: 1 June 2007

Republication date: 1 June 2007

Last amendment made by SL2007-14




Unauthorised version prepared by ACT Parliamentary Counsel's Office

About this republication

The republished law

This is a republication of the Food Regulation 2002, made under the Food Act 2001 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 1 June 2007. It also includes any amendment, repeal or expiry affecting the republished law to 1 June 2007.

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel's Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):

              • authorised republications to which the Legislation Act 2001 applies

              • unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication does not include amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading. The text of the uncommenced provision or amendment appears only in the last endnote.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see Legislation Act 2001, section 95.

Penalties

The value of a penalty unit for an offence against this republished law at the republication date is—

(a) if the person charged is an individual—$100; or

(b) if the person charged is a corporation—$500.

Australian Capital Territory

Food Regulation 2002

Endnotes

Australian Capital Territory

Food Regulation 2002