2008-2009

The Parliament of the
Commonwealth of Australia

THE SENATE



Presented and read a first time




Food Safety (Trans Fats) Bill 2009
No.            , 2009
(Senator Siewert)




A Bill for an Act to prohibit the addition of
synthetic trans fatty acids to food, and for related
purposes


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                  1        Short title ............................................................................................ 1
                  2        Commencement .................................................................................. 1
                  3        Purpose etc.......................................................................................... 1
                  4        Definitions .......................................................................................... 2
                  5        Prohibition--corporations .................................................................. 2
                  6        Operation of State and Territory Laws ............................................... 2




i   Food Safety (Trans Fats) Bill 2009            No.        , 2009


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 2   synthetic trans fatty acids to food, and for related
 3   purposes
 4   The Parliament of Australia enacts:
 5


 6   1 Short title
 7              This Act may be cited as the Food Safety (Trans Fats) Act 2009.

 8   2 Commence ment
 9              This Act commences on 1 January 2010.

10   3 Purpose etc.
11          (1) The purpose of this Act is to prohibit, within the bounds of
12              Commonwealth constitutional competence, the addition of
13              synthetic trans fatty acids to foods in Australia.
14          (2) The use of the corporations power in this Act is specifically limited
15              by section 6 so that it does not override State or Territory
16              legislation.


                                    Food Safety (Trans Fats) Bill 2009   No.   , 2009   1


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 1          (3) It is the intention of the Parliament that this Act will protect
 2              Australians from the detrimental health effects of synthetic trans
 3              fatty acids in the absence of regulation by State and Territory
 4              Parliaments.

 5   4 Definitions
 6               In this Act, unless the contrary intention appears:
 7               constitutional corporation means a corporation to which
 8               paragraph 51(xx) of the Constitution applies.
 9               synthetic trans fatty acids means the unnatural fatty acids that are
10               created through the partial hydrogenation of vegetable oils.

11   5 Prohibition--corporations
12          (1) A constitutional corporation must not manufacture, distribute, offer
13              for sale, sell or otherwise trade in food containing synthetic trans
14              fatty acids.
15               Penalty: 1000 penalty units.
16          (2) A person must not:
17                (a) manufacture for or on behalf of; or
18                (b) distribute, offer for sale or sell for, to or on behalf of; or
19                (c) otherwise trade with or on behalf of:
20              a constitutional corporation food containing synthetic trans fatty
21              acids.
22               Penalty: 1000 penalty units.

23   6 Ope ration of State and Territory Laws
24               It is the Parliament's intention that, where a law of a State or
25               Territory regulates the content of synthetic trans fatty acids in food
26               in that State or Territory, and that law is inconsistent with section 5
27               of this Act, that State or Territory law, as the case may be, prevails
28               over section 5 of this Act to the extent of the inconsistency.




     2     Food Safety (Trans Fats) Bill 2009   No.   , 2009