Northern Territory Consolidated Acts

FOOD ACT

TABLE OF PROVISIONS

           Long Title

   PART 1 - preliminary

   1.      Short title
   2.      Commencement
   3.      Objects
   4.      Application of Act to primary food production
   5.      Act binds Crown

   PART 2 - interpretation

   6.      Definitions
   7.      Meaning of "food"
   8.      Meaning of "food business"
   9.      Meaning of "primary food production"
   10.     Meaning of "unsafe" in relation to food
   11.     Meaning of "unsuitable" in relation to food

   PART 3 - offences relating to food

           Division 1 - Serious offences relating to food

   12.     Handling food in unsafe manner
   13.     Sale of unsafe food
   14.     False description of food

           Division 2 - Other offences relating to food

   15.     Handling and sale of unsafe food
   16.     Handling and sale of unsuitable food
   17.     Misleading conduct relating to sale of food
   18.     Sale of food not complying with purchaser's demand
   19.     Sale of unfit equipment or packaging or labelling material
   20.     Compliance with Food Standards Code
   21.     False descriptions of food

           Division 3 - Defences

   22.     Defence relating to publication of advertisements
   23.     Defence in respect of food for export
   24.     Defence of due diligence
   25.     Defence of mistaken and reasonable belief not available
   26.     Defence in respect of handling food
   27.     Defence in respect of sale of unfit equipment or packaging or labelling material

           Division 4 - General

   28.     Application of provisions outside Territory
   29.     Alternative verdicts for serious food offences

   PART 4 - Administration

           Division 1 - Chief Health Officer

   30.     Powers and functions of Chief Health Officer
   31.     Delegation
   32.     Exemption from application of Act

           Division 2 - Enforcement agencies

   33.     Appointment of enforcement agencies
   34.     Powers and functions of enforcement agencies
   35.     Conditions on exercise of powers etc. by enforcement agencies
   36.     Reports by enforcement agencies

           Division 3 - Authorised officers

   37.     Appointment of authorised officers
   38.     Functions of authorised officers
   39.     Identity cards of authorised officers

   PART 5 - emergency powers

   40.     Application of Part 41. When emergency order may be made
   42.     Nature of order
   43.     Special provisions relating to recall orders
   44.     Manner of making orders
   45.     Compensation
   46.     Failure to comply with emergency orders
   47.     Limitation on stay of operation of emergency powers

   PART 6 - powers of entry, inspection and seizure

           Division 1 - Entry, inspection and seizure

   48.     Power of entry and inspection of authorised officers
   49.     Self-incrimination not an excuse
   50.     Power of seizure
   51.     Search warrants
   52.     Failure to comply with requirements of authorised officer
   53.     Interfering with seized substances or things
   54.     False information
   55.     Obstructing or impersonating authorised officers

           Division 2 - Substances or things seized by authorised officers

   56.     Interpretation
   57.     Seized substances or things
   58.     Notification of seizure
   59.     Destruction of filthy, decomposed or putrid matter
   60.     Return of substance or thing seized
   61.     Forfeiture of substance or thing
   62.     Cost of destruction or disposal of forfeited substance or thing
   63.     Return of forfeited substance or thing
   64.     Compensation to be paid in certain circumstances
   65.     Application for order disallowing seizure
   66.     Enforcement agency entitled to answer application
   67.     Order disallowing seizure of substance or thing
   68.     Ancillary orders
   69.     Adjournment pending hearing of other proceedings

   PART 7 - registration of food business

   70.     Requirement for food businesses to be registered
   71.     Application to register food business
   72.     Grant or refusal of registration
   73.     Conditions of registration
   74.     Term of registration
   75.     Renewal of registration
   76.     Display etc. of notice of registration
   77.     Registration non-transferable
   78.     Variation of conditions of registration of food business
   79.     Cancellation of registration of food business
   80.     Cancellation of registration no bar to proprietor re-applying for registration
   81.     Register of registered food businesses
   82.     Changes of name relating to registered business to be notified
   83.     Chief Health Officer to be notified of sale or disposal of food business
   84.     Review of decisions relating to registration

   PART 8 - taking and analysis of samples

           Division 1 - Taking of samples

   85.     Proprietor to be informed
   86.     Payment for sample
   87.     Samples from food vending machines
   88.     Packaged food
   89.     Procedure for taking samples
   90.     Samples to be submitted for analysis

           Division 2 - Procedures relating to analyses

   91.     Who carries out analyses
   92.     Compliance with Food Standards Code
   93.     Certificate of analysis

           Division 3 - Approval of analysts

   94.     Approval of persons to carry out analyses
   95.     Term of approval
   96.     Approved analyst to give notice of certain interests
   97.     Variation of conditions or suspension or cancellation of approval of approved analyst
   98.     Review of decisions relating to approvals
   99.     List of approved analysts

   PART 9 - improvement notices

   100.    Grounds for issuing improvement notice
   101.    Form and contents of improvement notice
   102.    Compliance with improvement notice
   103.    Notification of compliance with improvement notice

   PART 10 - prohibition orders

   104.    Grounds for issuing prohibition order
   105.    Form and contents of prohibition order
   106.    Display of prohibition order
   107.    Compliance with prohibition order
   108.    Certificate of clearance
   109.    Request for inspection by proprietor issued with prohibition order
   110.    Review of decision to refuse certificate of clearance
   111.    Compensation

   PART 11 - procedure and evidentiary matters

   112.    Commencement of proceedings
   113.    Analyst's certificate to be served with summons
   114.    Offences by corporations
   115.    Prosecution of employers for actions of employees
   116.    Liability of employees and agents
   117.    No defence to allege deterioration of sample
   118.    Onus to prove certain matters on defendant
   119.    Presumptions
   120.    Certificate evidence of results of analysis and evidence of analysts
   121.    Documents as evidence of matters under Act or Regulations
   122.    Power of court to order further analysis
   123.    Right of defendant to have third person before court
   124.    Alternative defendants
   125.    Disclosure by witnesses
   126.    Court may order costs and expenses
   127.    Court may order forfeiture
   128.    Court may order corrective advertising

   PART 12 - miscellaneous

   129.    Adoption and application of national guidelines
   130.    Protection from liability
   131.    Bribery
   132.    Disclosure of confidential information
   133.    Publication of names of offenders
   134.    Regulations
   135.    Regulations may apply, adopt or incorporate other documents
   136.    Temporary regulations that apply in addition to or in place of Food Standards Code

   PART 13 - repeal, savings and transitional PROVISIONS

   137.    Definitions
   138.    Repeal
   139.    Savings: authorized officers
   140.    Savings: analysts
   141.    Savings: samples taken and items seized under repealed Food Act
   142.    Savings: registration as eating house under Public Health (Eating Houses) Regulations
   143.    Savings: applications for registration as an eating house under Public Health (Eating Houses) Regulations
   144.    Savings: Food (Administration) Regulations and other instruments of legislative or administrative character
   145.    Administrator may make regulations dealing with savings and transitional matters
           schedule