Australian Capital Territory Numbered Acts

FOOD ACT 2001 (NO 66 OF 2001)

TABLE OF PROVISIONS

           Long Title

   PART 1--PRELIMINARY

   1.      Name of Act  
   2.      Commencement  
   3.      Objects of Act  
   4.      Dictionary  
   5.      Notes  
   6.      Application of Act to primary food production  
   7.      Application of Act to water suppliers  

   PART 2--KEY CONCEPTS

   8.      Meaning of food  
   9.      Meaning of sell etc  
   10.     Meaning of food business  
   11.     Meaning of primary food production  
   12.     Meaning of unsafe food  
   13.     Meaning of unsuitable food  

   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 falsely describing food  

           Division 3.3--Other offences relating to food

   19.     Handling of food in unsafe way  
   20.     Sale of unsafe food  
   21.     False description of food  
   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 in relation 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

   33.     Defence of mistaken and reasonable belief not available  
   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.     Failure to comply with 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

   64.     Selfincrimination  
   65.     Legal professional privilege  
   66.     Providing false or misleading information  
   67.     Providing false or misleading documents  
   68.     Hindering or obstructing authorised officer  
   69.     Pretending to be an authorised officer  
   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  
   85.     Request for reinspection  
   86.     Clearance certificates  
   87.     Contravention of improvement notices and prohibition orders  
   88.     Compensation for prohibition order  

   PART 8--NOTIFICATION AND REGISTRATION OF FOOD BUSINESSES

   89.     Food businesses exempt from registration  
   90.     Notification of conduct of exempt food businesses  
   91.     Food businesses to be registered  
   92.     Registration of food businesses  
   93.     Renewal of registration  
   94.     Issue or renewal 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  
   99.     Food business to be conducted in accordance with conditions of  
   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.    Registers of food businesses  
   106.    Publication and inspection of food business registers  

   PART 9--INFRINGEMENT NOTICES FOR CERTAIN OFFENCES

           Division 9.1--Preliminary

   107.    Definitions for pt 9  
   108.    Purpose and effect of pt 9  
   109.    Regulations about infringement notice offences  

           Division 9.2--Infringement and reminder notices

   110.    Service of infringement notices  
   111.    Contents of infringement notices  
   112.    Additional information in infringement notices  
   113.    Time for payment of infringement notice penalty  
   114.    Extension of time to pay penalty  
   115.    Effect of payment of infringement notice penalty  
   116.    Application for withdrawal of infringement notice  
   117.    Withdrawal of infringement notice  
   118.    Guidelines about withdrawal of infringement notices  
   119.    Reminder notices  
   120.    Contents of reminder notices  
   121.    Additional information in reminder notices  

           Division 9.3--Disputing liability

   122.    Disputing liability for infringement notice offence  
   123.    Extension of time to dispute liability  
   124.    Procedure if liability disputed  

           Division 9.4--Miscellaneous

   125.    Evidentiary certificates  

   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  
   134.    Evidence of analysts  
   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--MISCELLANEOUS

   142.    Joint liability for amounts payable to the Territory  
   143.    Bribery  
   144.    Protection from liability  
   145.    Secrecy  
   146.    Publication of details of food businesses related to offences  
   147.    Decisions reviewable by administrative appeals tribunal  
   148.    Notification of reviewable decisions  
   149.    Codes of practice  
   150.    Determination of fees  
   151.    Approved forms  
   152.    Regulation-making power  
   153.    Temporary emergency regulations  

   PART 12--TRANSITIONAL PROVISIONS

           Division 12.1--General

   154.    Definitions for pt 12  
   155.    Transitional regulations  
   156.    Modification of pt 12's operation  

           Division 12.2--Existing food businesses

   157.    Proprietor of food businesses licensed under former Food Act  
   158.    Food businesses exempt from registration under former Food Act  
   159.    Expiry of div 12.2  

           Division 12.3--Other transitional matters

   160.    Applications for licences  
   161.    Applications for renewal of licences  
   162.    Applications for approval for alteration of food premises  
   163.    Applications for variation of licences  
   164.    Action to suspend or cancel licences  
   165.    Improvement notices  
   166.    Prohibition notices  
   167.    Search warrants  
   168.    Things seized  
   169.    Food samples  
   170.    Analysis of food samples  
   171.    Review of decisions under former Food Act  
   172.    Chief health officer may give effect to decisions of Minister etc  
   173.    Directions under Food Regulations  

           Division 12.4--Expiry

   174.    Expiry of pt 12  

   PART 13--REPEALS AND MISCELLANEOUS AMENDMENTS

   175.    Repeal of laws  
   176.    Amendment of Acts—sch 2  
           SCHEDULE 1
           SCHEDULE 2
           DICTIONARY
           ENDNOTES