Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(see s 4)
"advertisement" means—
(a) any words, whether written or spoken; or
(b) any pictorial representation or design; or
(c) any other representation by any means at all;
used or apparently used to promote, directly or indirectly, the sale of food.
"analysis "includes any examination or testing of food or anything else.
"animal "includes an amphibian, bird, crustacean, fish, mollusc or reptile.
"approved code of practice" means a code of practice approved under section 149 (1) (Codes of practice).
"authorised analyst" means an analyst mentioned in the Public Health Act 1997, section 15A (2) (Functions of analysts) who is authorised to exercise a function under this Act.
"authorised officer" means a public health officer who is authorised under the Public Health Act 1997, section 12A (2) (Functions of public health officers) to exercise a function under this Act.
"certificate of registration", for a food business, means a certificate of registration issued under section 96 (1) for the business.
"clearance certificate" means a clearance certificate issued under section 86 (2).
"Commonwealth Act" means the Australia New Zealand Food Authority Act 1991 (Cwlth).
"connected", with an offence, for part 5 (Inspection and seizure powers)—see section 45.
"date of service", for part 9 (Infringement notices for certain offences)—see section 107.
"disciplinary notice"—see section 101 (1) (Procedure for taking action in relation to registration).
"displayed for sale"—see section 9 (2) (Meaning of "sell" etc).
"dispose", of food, for part 4 (Emergency powers)—see section 37.
"emergency order"—see section 38 (Making of emergency orders).
"equipment "means all or any part of—
(a) any utensil, machinery, instrument, device, apparatus or appliance that is used, or that is designed or intended for use, in relation to the handling of food; or
(b) any substance, utensil, machinery, instrument, device, apparatus or appliance that is used, or that is designed or intended for use, in cleaning anything mentioned in paragraph (a).
"examine "includes inspect, weigh, count, test or measure.
"executive officer", of a corporation, means a person, by whatever name called and whether or not the person is a director of the corporation, who is concerned with, or takes part in, the corporation's management.
"falsely described", for part 3 (Offences relating to food)—see section 15 (False descriptions of food).
"food"—see section 8 (Meaning of food).
"food authority"—see the Commonwealth Act, section 3 (1), definition of authority.
Note Authority is defined as the Australia New Zealand Food Authority but legislation has been introduced into the Commonwealth Parliament to change its name to Food Standards Australia New Zealand.
"food business"—see section 10 (Meaning of food business).
"food business register"—see section 105 (Registers of food businesses).
"food safety standard"—see the Commonwealth Act, section 3 (1), definition of "standard".
"food standards code" means the Australia New Zealand Food Standards Code as defined in the Commonwealth Act, section 3 (1), as that code is applied, adopted or incorporated under the regulations.
"food transport vehicle "means a vehicle used for the transport of food intended for sale.
"handling", of food, includes the making, manufacturing, producing, collecting, extracting, processing, storing, transporting, delivering, preparing, treating, preserving, packing, cooking, thawing, serving or displaying of food.
"identity card" means an identity card issued under the Public Health Act 1997, section 16 (Identity cards).
"improvement notice "means an improvement notice served under section 79 (Service of improvement notices).
"infringement notice"—see section 107 (Definitions for pt 9).
"infringement notice offence"—see section 107 (Definitions for pt 9).
"infringement notice penalty", for part 9 (Infringement notices for certain offences)—see section 107.
"label "includes any tag, brand, mark or statement in writing or any representation or design or other descriptive matter on or attached to or used or displayed in relation to or accompanying any food or package.
"occupier", for part 5 (Inspection and seizure powers)—see section 45.
"offence", for part 5 (Inspection and seizure powers)—see section 45.
"package "includes any container or wrapper in or by which food intended for sale is completely or partly encased, covered, enclosed, contained or packed and, for food carried or sold or intended to be carried or sold in more than 1 package, includes every such package.
"place of seizure", for part 5 (Inspection and seizure powers)—see section 52 (6) (a) (Power to seize things).
"premises" includes—
(i) land (whether or not vacant); or
(ii) all or any part of a building, tent, stall or other structure (whether of a permanent or temporary nature); or
(iii) a pontoon; or
(iv) a food transport vehicle or any other vehicle.
"primary food production"—see section 11 (Meaning of "primary food production").
"prohibition order "means a prohibition order served under section 82 (Service of prohibition orders).
"proprietor", of a food business, means—
(a) the person conducting the food business; or
(b) if that person cannot be identified—the person in charge of the food business.
"recall order", for part 4 (Emergency orders)—see section 37.
"registered", in relation to a food business, means registered under section 92 (Registration of food businesses).
"reminder notice", for part 9 (Infringement notices for certain offences)—see section 107 (Definitions for pt 9).
"sell"—see section 9 (1) (Meaning of sell etc).
"unsafe"—see section 12 (Meaning of unsafe food).
"unsuitable"—see section 13 (Meaning of "unsuitable" food).
"vehicle "means any means of transport, whether or not self-propelled, and whether used on land or water or in the air.
Endnote
Penalty units
The Legislation Act 2001, s 133 deals with the meaning of offence penalties that are expressed in penalty units.
[Presentation speech made in Assembly on 9 August 2001]
© Australian Capital Territory
2001