New South Wales Repealed Acts

This legislation has been repealed.

FOOD ACT 1989 - SECT 89

89 Publication of names of offenders

(1) If:

(a) any person or any employee or agent of the person has been convicted of an offence against the provisions of this Act or the regulations relating to the sale of any food, and

(b) the same person or any employee or agent of that person is subsequently convicted of any such offence,

a notification of the person’s name may be published by the Director-General in the Gazette, within 21 days after the later conviction, together with:

(c) the address of the person’s place of business, and

(d) the trade or company name under which the person trades, and

(e) a description of the nature of the offence, the decision of the court, the penalty imposed and any forfeiture incurred.

(2) If the food was supplied to the convicted person by some other person, and was sold by the convicted person in the state in which he or she received it, then the name of the supplier, the address of the supplier’s place of business and the nature of the trade carried on by the supplier may also, after notice to the supplier, be included in the notification.

(3) The notification may, if the Director-General so directs, also be published in any newspaper circulating in New South Wales.

(4) No liability is incurred by a person for publishing in good faith:

(a) a notification under this section, or

(b) a fair report or summary of such a notification.

(5) While any appeal is pending against a conviction for any offence, a notification in respect of the offence may not be published by the Director-General, but it may be so published within 21 days after a final order has been made on appeal affirming the conviction or dismissing the appeal.