Civil Liability Amendment (Food
Donations) Bill 2004

New South Wales
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.

Overview of Bill

The object of this Bill is to amend the Civil Liability Act 2002 to provide that a person
does not incur civil liability for any death or personal injury resulting from the
consumption of food donated by the person if:

(a) the food has been donated in good faith for a charitable purpose with the
intention that the consumer of the food would not have to pay for it, and

(b) the food was safe to consume at the time it left the possession or control of the
donor, and

(c) the donor has informed the person to whom the food is donated of any relevant
food handling requirements or time limit for its consumption.

Outline of provisions

Clause 1 sets out the name (also called the short title) of the proposed Act.

Clause 2 provides for the commencement of the proposed Act on a day or days to be
appointed by proclamation.

Clause 3 is a formal provision that gives effect to the amendments to the Civil
Liability Act 2002 set out in Schedule 1.

Schedule 1 Amendments
Schedule 1 [1] inserts Part 8A in the Civil Liability Act 2002, which contains
provisions that protect food donors from civil liability in the circumstances referred
to in the Overview. The new Part provides that the expressions food, handling and
unsafe food have the same meanings as they have in the Food Act 2003.

Schedule 1 [2] amends clause 1 of Schedule 1 to the Act to enable the Governor to
make regulations of a savings or transitional nature consequent on the enactment of
the proposed Act.

Schedule 1 [3] inserts a new Part in Schedule 1 to the Act. It provides that the new
Part 8A applies to civil liability whether arising before or after the commencement
of Part 8A, but not to proceedings begun in a court before that commencement.

Note: If this Bill is not modified, these Explanatory Notes would reflect the Bill as passed in the House. If the Bill has been amended by Committee, these Explanatory Notes may not necessarily reflect the Bill as passed.

 

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