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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Civil Liability Amendment (Food
Donations) Bill 2005
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Civil Liability Act 2002 No 22 2
Schedule 1 Amendments 3
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY,
has finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of
NEW SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2005
New South Wales
Civil Liability Amendment (Food
Donations) Bill 2005
Act No , 2005
An Act to amend the Civil Liability Act 2002 to make provision for protection from
civil liability in respect of food donations; and for other purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill
as finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Civil Liability Amendment (Food Donations) Bill 2005
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Civil Liability Amendment (Food Donations) Act 2005.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
3 Amendment of Civil Liability Act 2002 No 22
The Civil Liability Act 2002 is amended as set out in Schedule 1.
Page 2
Civil Liability Amendment (Food Donations) Bill 2005
Amendments Schedule 1
Schedule 1 Amendments
(Section 3)
[1] Part 8A
Insert after Part 8:
Part 8A Food donors
58A Interpretation
In this Part:
donate food includes distribute, without payment or other
reward, food donated by others.
food, handling and unsafe food have the same meanings as they
have in the Food Act 2003.
personal injury includes:
(a) pre-natal injury, and
(b) impairment of a person's physical or mental condition, and
(c) disease.
58B Application of Part
(1) This Part applies to civil liability of any kind.
(2) This Part does not apply to civil liability that is excluded from the
operation of this Part by section 3B.
58C Protection of food donors
(1) A person who donates food (the food donor) does not incur any
civil liability in respect of any death or personal injury that results
from the consumption of the food if:
(a) the food donor donated the food:
(i) in good faith for a charitable or benevolent purpose,
and
(ii) with the intention that the consumer of the food
would not have to pay for the food, and
(b) the food was safe to consume at the time it left the
possession or control of the food donor, and
(c) where the food was of a nature that required it to be
handled in a particular way to ensure that it remained safe
to consume after it left the possession or control of the food
Page 3
Civil Liability Amendment (Food Donations) Bill 2005
Schedule 1 Amendments
donor--the food donor informed the person to whom the
food donor gave the food of those handling requirements,
and
(d) where the food would only have remained safe to consume
for a particular period of time after it left the possession or
control of the food donor--the food donor informed the
person to whom the food donor gave the food of that time
limit.
(2) For the purposes of this section, food is safe to consume if it is
not unsafe food.
[2] Schedule 1 Savings and transitional provisions
Insert at the end of clause 1 (1):
Civil Liability Amendment (Food Donations) Act 2005
[3] Schedule 1, Part 4A
Insert after clause 15:
Part 4A Provisions consequent on enactment of
Civil Liability Amendment (Food
Donations) Act 2005
15A Application of amendments
(1) Part 8A applies in relation to civil liability whether arising before
or after the commencement of that Part.
(2) However, Part 8A does not apply to proceedings commenced in
a court before the commencement of that Part.
Page 4
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