Commonwealth Consolidated Acts

IMPORTED FOOD CONTROL ACT 1992 - SECT 16

             (1)  The regulations may set out particulars of a food inspection scheme ( Scheme ) applicable to all food to which this Act applies.

             (2)  Without limiting subsection (1), the regulations setting out particulars of the Scheme may:

                     (a)  empower the Minister, subject to section 17, to make orders identifying food of particular kinds as food of a kind that is required to be inspected, or inspected and analysed, under the Scheme and, from time to time, to vary orders so made; and

                     (b)  specify the manner and incidence of inspection, or inspection and analysis, attaching to various kinds of food identified by the Minister in orders made under paragraph (a); and

                     (c)  specify the manner and incidence of the inspection, or inspection and analysis, of food of a kind that is subject to a holding order; and

                     (d)  specify the manner and incidence of the inspection, or inspection and analysis, of particular food, other than food of a kind that is identified by the Minister in an order made under paragraph (a) or that is subject to a holding order, that is imported into Australia; and

                     (e)  set out the circumstances in which authorised officers may exercise powers to inspect, or inspect and analyse, particular food that is not:

                              (i)  food of a kind that is identified by the Minister in an order under paragraph (a) or that is subject to a holding order; or

                             (ii)  food that is required to be inspected in accordance with regulations made for the purposes of paragraph (d); and

                      (f)  specify powers of authorised officers to inspect, or inspect and analyse, food required or permitted to be inspected, or inspected and analysed, under this Scheme; and

                     (g)  specify circumstances in which food is to be taken to be failing food because of its relationship to food that is found to be failing food; and

                     (h)  set out the circumstances in which food, other than food that is the subject of a holding order, is to be held pending the outcome of an inspection, or inspection and analysis; and

                      (i)  permit variation in the incidence of inspection, or inspection and analysis, of food if:

                              (i)  a recognised foreign government certificate or a recognised quality assurance certificate covering the food is given to an authorised officer and the officer has no reason to doubt the authenticity or reliability of the certificate; or

                             (ii)  a compliance agreement applies in respect of the food; and

                      (j)  set out the circumstances in which, and procedures by which, the reliability of certificates referred to in paragraph (i) will be tested.

             (3)  Without limiting the factors that may affect the incidence of inspection, or inspection and analysis, of food, the regulations may provide for the incidence to differ according to whether the food is supplied by an overseas processing operation that has previously supplied food of that kind and the results of any analysis of food so supplied.

             (4)  If:

                     (a)  food is held pending the outcome of an inspection, or inspection and analysis, under the Scheme, whether because the food is subject to a holding order or not; and

                     (b)  that food, or a part of that food, is identified in an imported food inspection advice as failing food;

then, without limiting subsection (1), the regulations may:

                     (c)  in the circumstances and within the period set out in the regulations, permit the owner of the food to make application for a further imported food inspection advice in respect of part only of the food so identified; and

                     (d)  specify the part of the food so identified in respect of which the application may be made.