Commonwealth Numbered Acts

IMPORTED FOOD CONTROL ACT 1992 No. 221 of 1992 - SECT 3

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

"applicable standard", in relation to particular food, or a particular matter
affecting food, at a particular time, means the national standard in force in
relation to that food or matter at that time;

"AQIS" means the operating group within the Department having responsibility
in relation to the administration of this Act and of the Quarantine Act 1908;

"authorised officer", in relation to a provision of this Act, means the
Secretary or an officer of AQIS who is appointed by the Secretary under
section 40 to be an authorised officer for the purposes of this provision;

"Customs" means the Australian Customs Service;

"Customs Act" means the Customs Act 1901;

"Customs control", in relation to food, means Customs control within the
meaning of section 30 of the Customs Act;

"deal with", in relation to food, includes:

   (a)  moving, altering or interfering with in any physical manner
        whatsoever; and

   (b)  entering into a transaction whereby the ownership of the food, or of
        any beneficial interest in the food, passes from one person to
        another;

"examinable food" means:

   (a)  food of a kind that is the subject of an order under paragraph
        16(2)(a); or

   (b)  food of a kind that is the subject of a holding order; or

   (c)  particular food that, despite the fact that it is not food of a kind
        that is the subject of an order under paragraph 16(2)(a) or of a
        holding order, is nevertheless required to be inspected, or inspected
        and analysed, under the Food Inspection Scheme; or

   (d)  particular food, other than food of a kind referred to in paragraph
        (a) or (b) or food referred to in paragraph (c):

        (i)    that an authorised officer has reasonable grounds to believe
               may be failing food; and

        (ii)   in respect of which the officer has notified that belief to an
               owner;

"failing food" means examinable food, that:

   (a)  as a result of an inspection, or inspection and analysis, under the
        Food Inspection Scheme, is found to be:

        (i)    food that does not meet the applicable standards for that food;
               or

        (ii)   food that poses a risk to human health; or

   (b)  is taken, under the provisions of the Scheme, to be such food;

"food" includes:

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

   (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); or

   (c)  any other substance or thing that is prescribed; whether or not it is
        in a condition fit for human consumption, but does not include a
        therapeutic good within the meaning of the Therapeutic Goods Act 1989;

"food control certificate" means a certificate issued under section 12;

"Food Inspection Scheme" means the inspection scheme established by
regulations made under section 16;

"Food Standards Code" means the code known by that name published in the
Gazette on 27 August 1987 together with any amendments of the standards
contained in that code:

   (a)  that were approved by the National Food Standards Council before the
        National Food Authority Act 1991 commenced and that are or were
        published in the Gazette as forming part of that code; or

   (b)  that are made under that Act;

"forging", in relation to a certificate of the kind referred to in subsection
18(1) or 19(2), has the same meaning as in section 63 of the Crimes Act 1914;

"holding order" means an order made by the Secretary under section 15;

"imported food inspection advice" means an advice issued under section 14;

"inspection" includes the taking of samples;

"national standard", in relation to a particular food or a particular matter
affecting food, means a standard relating to that food or matter:

   (a)  that is in force as a standard adopted by the National Food Standards
        Council; or

   (b)  that is included in the Food Standards Code;

"owner", in relation to food, includes any person (other than an officer of
Customs or an authorised officer) being or holding himself or herself out to
be the owner, importer, consignee, agent or person having control of, a
beneficial interest in, or the power of disposition over, the food;

"prohibited food" means food the importation of which is prohibited under the
Customs Act;

"recognised foreign government certificate" means a certificate covered by a
determination in force under subsection 18(1);

"recognised quality assurance certificate" means a certificate covered by a
determination in force under subsection 19(2);

"Secretary" means the Secretary to the Department;

"State" includes the Australian Capital Territory and the Northern Territory;

"this Act" includes regulations and orders made under this Act;

"treatment", in relation to food, includes repackaging or relabelling;

"uttering", in relation to a certificate referred to in subsection 18(1) or
19(2), has the same meaning as in section 64 of the Crimes Act 1914.

(2) For the purposes of this Act, food poses a risk to human health if:

   (a)  it contains:

        (i)    pathogenic micro-organisms or their toxins; or

        (ii)   micro-organisms indicating poor handling; or

        (iii)  non-approved chemicals or chemical residues; or

        (iv)   approved chemicals, or chemical residues, at greater levels
               than permitted; or

        (v)    non-approved additives; or

        (vi)   approved additives at greater levels than permitted; or

        (vii)  any other contaminant or constituent that may be dangerous to
               human health; or

   (b)  it has been manufactured or transported under conditions which render
        it dangerous or unfit for human consumption.

(3) In subsection (2):

   (a)  a reference to approved chemicals, approved chemical residues or
        approved additives is a reference to chemicals, chemical residues or
        additives approved in a standard:

        (i)    adopted by the National Food Standards Council under the
               National Food Authority Act 1991; or

        (ii)   included in the Food Standards Code within the meaning of that
               Act; and

   (b)  a reference to permitted levels in relation to such approved
        standards, approved chemical residues, or approved additives is a
        reference to levels of those chemicals, chemical residues or additives
        permitted in such a standard; and

   (c)  a reference to non-approved chemicals, non-approved chemical residues
        or non-approved additives is a reference to chemicals, chemical
        residues or additives that are not approved in such a standard.