FOOD ACT 2004 - SECT 24 Defence of due diligence
FOOD ACT 2004 - SECT 24
Defence of due diligence(1) In any proceedings for an offence under this Part, it is a defence if it is proved that the person took all reasonable precautions and exercised all due diligence to prevent the commission of the offence by the person or by another person under the person's control.
(2) Without limiting the ways in which a person may satisfy the requirements of subsection (1), a person satisfies those requirements if it is proved:
(a) that the commission of the offence was due to:
(i) an act or default of another person; or
(ii) reliance on information supplied by another person;
(b) that:
(i) the person carried out all of the checks of the food concerned as were reasonable in all the circumstances; or
(ii) it was reasonable in all the circumstances to rely on checks carried out by the person who supplied the food concerned to the person;
(c) that the person did not import the food into the Territory from another country; and
(d) if the offence involves the sale of food, that:
(i) the person sold the food in the same condition as when the person purchased it; or
(ii) the person sold the food in a different condition to that in which the person purchased it, but that the difference did not result in any contravention of this Act or the Regulations.
(3) For the purposes of subsection (2)(a), another person does not include:
(a) an employee or agent of the defendant; or
(b) if the defendant is a body corporate – a director, employee or agent of the defendant.
(4) Without limiting the ways in which a person may satisfy the requirements of subsection (1) or (2)(b)(i), a person may satisfy those requirements by proving that:
(a) if the offence relates to a food business for which a food safety program is to be prepared and implemented in accordance with the Regulations – a food safety program that complies with the Regulations has been prepared and implemented for the food business and the person complied with the food safety program; or
(b) in any other case – the person complied with a scheme (for example, a quality assurance program or an industry code of practice) that was:
(i) designed to manage food safety hazards and based on Australian national or international standards, codes or guidelines designed for that purpose; and
(ii) documented in some manner.