A Bill for an Act relating to labelling foods which are genetically manipulated, irradiated or functional, and for related purposes

The Parliament of Australia enacts:

Part 1—Preliminary

1 Short title

This Act may be cited as the Labelling of Genetically Manipulated and Other Foods Act 1996.

2 Commencement

This Act commences at the end of 6 months after the day on which it receives the Royal Assent.

3 Interpretation

(1) In this Act, unless the contrary intention appears:

category A food means a food that is a genetically modified organism or contains genetically engineered ingredients.

category B food means a food that has been subjected to being passed through a radiation field.

category C food means a food which might have a physiological role in the body beyond the provision of nutrients.

corporation means any corporation to which paragraph 51(xx) of the Constitution is applicable.

food includes:

(a) any substance or thing of a kind used or capable of being used as food or drink by human beings; and

(b) any substance or thing of a kind used or capable of being used as an ingredient or additive in, or substance used in the preparation of, a substance or thing referred to in paragraph (a).

(2) For the purposes of this Act, the question whether a person is in a position to exercise control of a corporation is to be decided in the same manner as it is under the Broadcasting Services Act 1992.

4 Operation of Act

Without prejudice to its effect apart from this section, this Act has effect for any or all of the following purposes:

(a) for purposes connected with fixing standards in relation to activities undertaken by corporations in respect of food before, or in connection with, its sale, where, in the case of trading corporations, those activities are undertaken for the purpose of the trading activities of the corporations; or

(b) for the purpose of ensuring, to the extent that the Constitution permits, that trade and commerce in food:

(i) between Australia and places outside Australia; or

(ii) among the States;

is carried on in an efficient and profitable manner; or

(c) for purposes connected with the labelling of food in the Territories; or

(d) for purposes connected with controlling the labelling of food supplied to the Commonwealth, its authorities and its instrumentalities.

5 Act to bind Crown

This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory but nothing in this Act renders the Crown liable to be prosecuted for an offence.

Part 2—Offences

6 Person not to manufacture or sell category A, category B or category C food without label

(1) A person must not manufacture category A, category B or category C food for sale in a package, or sell or display for sale such food in a package, unless the package includes a label, in letters at least 4mm high, that indicates whether the food has been genetically engineered, subjected to irradiation or treated to make it a functional food.

Penalty: 50 penalty units.

(2) A person who sells or displays for sale food in a package that includes a label as prescribed in subsection (1) in a way that is false or misleading in a material particular is guilty of an offence.

Penalty: 50 penalty units.

Part 3—Miscellaneous

7 Penalties

(1) If a person is convicted of an offence against this Act (the current offence) and the person has previously been convicted of one other offence against this Act, the maximum penalty that may be imposed for the current offence is 100 penalty units.

(2) If a person is convicted of an offence against this Act (the current offence) and the person has previously been convicted of 2 or more other offences against this Act, the maximum penalty that may be imposed for the current offence is 250 penalty units.

8 Regulations

The Governor-General may make regulations prescribing matters:

(a) required or permitted to be prescribed by this Act; or

(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.

 

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