Commonwealth Numbered Acts

NATIONAL FOOD AUTHORITY ACT 1991 No. 118, 1991 - SECT 3

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

"appropriate government agency" means:

   (a)  a Department of State of the Commonwealth, and a Commonwealth
        authority, that is prescribed for the purposes of this paragraph; or

   (b)  the National Health and Medical Research Council; or

   (c)  the Department of State of each State and Territory that is primarily
        responsible for public health in that State or Territory; or

   (d)  a State or Territory authority that is prescribed for the purposes of
        this paragraph; or

   (e)  the Department of State of New Zealand that is nominated by the
        government of New Zealand;

"Authority" has the meaning given by subsection (2);

"committee" means a committee established under section 43;

"Commonwealth authority" means a body, whether corporate or not, established
by the Commonwealth, or by or under a law of the Commonwealth;

"confidential commercial information", in relation to food, means:

   (a)  a trade secret relating to food; or

   (b)  any other information relating to food that has a commercial value
        that would be, or could reasonably be expected to be, destroyed or
        diminished if the information were disclosed;

"Council" means:

   (a)  the Council of Commonwealth, State and Territory Ministers that was
        established in 1986 by agreement between the Commonwealth, the States
        and the Northern Territory and is known as the National Food Standards
        Council; or

   (b)  if that Council is reconstituted but continued in existence under that
        name by agreement between the Commonwealth, the States, the Northern
        Territory and the Australian Capital Territory, whether entered into
        before or after this Act commences - that Council as so reconstituted
        and continued in existence;

"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)  such other substance or thing as 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 Advisory Committee" means the National Food Authority Advisory Committee
established under section 42;

"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 Council before this Act commences and that
        are or were published in the Gazette as forming part of that code; or

   (b)  that are made under this Act;

"member" means a member of the Authority and includes the Chairperson;

"prepare" includes process, manufacture and treat;

"produce" includes prepare;

"standard" means:

   (a)  a standard that has been adopted by the Council under this Act; or

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

"State or Territory authority" means a body, whether corporate or not,
established by a State or Territory, or by or under a law of a State or
Territory;

"Territory" means the Australian Capital Territory and the Northern Territory;

"trust money" means money received or held by the Authority on trust.

(2) In this Act, a reference to the Authority is a reference:

   (a)  except where the Authority is doing an act or thing that is related to
        a special purpose for which a person or persons have been appointed
        under paragraph 40 (1) (e) - to the Authority as established by
        section 6 and as constituted by the persons mentioned in paragraphs 40
        (1) (a), (b), (c) and (d); and

   (b)  where the Authority is doing an act or thing related to a special
        purpose for which a person or persons have been appointed under
        paragraph 40 (1) (e) - to the Authority as established by section 6
        and as constituted by the persons mentioned in paragraphs 40 (1) (a),
        (b), (c) and (d) and the persons mentioned in paragraph 40 (1) (e) who
        have been appointed for that special purpose.