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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
FOOD PRODUCTION
(SAFETY) BILL 2000
Queensland
FOOD PRODUCTION (SAFETY) BILL
2000
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
Division 1--Introduction
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Division 2--Objects and application
3 Main objects of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
4 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
5 Food Act 1981 not affected . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
6 Exemption from application of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Division 3--Interpretation
7 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
8 Meaning of "dairy produce" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
9 Meaning of "meat" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
10 Meaning of "primary produce" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
11 Meaning of "production of primary produce" . . . . . . . . . . . . . . . . . . . . . . . . 14
12 Meaning of "substantially changed" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
PART 2--SAFE FOOD PRODUCTION QLD
Division 1--Establishment
13 Establishment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Division 2--Functions and powers
14 Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
15 General powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
16 Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
2
Food Production (Safety)
17 Ministerial direction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Division 3--Administration
18 Appointment of chief executive officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
19 Conditions of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
20 Qualifications for appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
21 Vacation of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Division 4--Responsibilities of chief executive officer and other
matters about Safe Food
22 Chief executive officer to manage Safe Food's affairs and
prepare business plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
23 Chief executive officer to give business plans to Minister . . . . . . . . . . . . . 20
24 Application of other Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
PART 3--FOOD SAFETY ADVISORY COMMITTEE
Division 1--Establishment and functions
25 Establishment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
26 Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Division 2--Membership
27 Membership of committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
28 Term of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
29 Conditions of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Division 3--Proceedings
30 Conduct of business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
31 Time and place of first meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
32 Chief executive officer to invite committee members . . . . . . . . . . . . . . . . . 23
33 Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
34 Presiding at meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
35 Conduct of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
36 Minutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
37 Disclosure of interests by committee members . . . . . . . . . . . . . . . . . . . . . . . 24
Division 4--Subcommittees
38 Subcommittees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
3
Food Production (Safety)
PART 4--FOOD SAFETY SCHEMES AND PROGRAMS
Division 1--Food safety schemes
39 Making food safety schemes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
40 Contents of food safety schemes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Division 2--Food safety programs
41 Food safety programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
PART 5--ACCREDITATION
Division 1--Preliminary
42 Purpose of accreditation system . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
43 Authority given by accreditation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Division 2--Obtaining accreditation
44 Application for grant or renewal of accreditations . . . . . . . . . . . . . . . . . . . . 29
45 Additional information for applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
46 Deciding applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
47 Temporary accreditations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
48 Grant or renewal of accreditations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
49 Refusal of applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
50 Conditions of accreditations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Division 3--Amendment, suspension or cancellation of
accreditations
51 Amendment--grounds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
52 Suspension or cancellation--grounds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
53 Amendment, suspension or cancellation--procedure . . . . . . . . . . . . . . . . . . 33
54 Immediate suspension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
55 Notice and effect of amendment, suspension or cancellation . . . . . . . . . . . 35
56 Return of amended, suspended or cancelled accreditations . . . . . . . . . . . . 35
Division 4--Surrender
57 Surrender of accreditations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
PART 6--AUDITING
Division 1--Preliminary
58 Purpose of auditing system . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
59 Auditors' authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
4
Food Production (Safety)
Division 2--Obtaining approval
60 Applications for approval as auditor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
61 Additional information for applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
62 Deciding applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
63 Grant or renewal of approvals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
64 Refusal of applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
65 Term of approvals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
Division 3--Amendment, suspension or cancellation of approvals
66 Amendment--grounds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
67 Suspension or cancellation--grounds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
68 Amendment, suspension or cancellation--procedure . . . . . . . . . . . . . . . . . . 39
69 Immediate suspension of approvals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
70 Notice and effect of amendment, suspension or cancellation . . . . . . . . . . . 41
71 Return of amended, suspended or cancelled approvals . . . . . . . . . . . . . . . . 41
Division 4--Surrender
72 Surrender of approvals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
Division 5--Identity cards and register
73 Auditor's identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
74 Register of auditors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
Division 6--Audit reports and auditors' responsibilities
75 Audit reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
76 Responsibilities of auditors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
PART 7--SERIOUS FOOD SAFETY OFFENCES
77 Supply of unsafe primary produce . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
78 Production of unsafe primary produce . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
79 Unauthorised production of primary produce . . . . . . . . . . . . . . . . . . . . . . . . . 45
80 Supply of unwholesome meat or seafood . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
81 Meat substitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
82 Supply of equipment or other things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
5
Food Production (Safety)
PART 8--ENFORCEMENT, INVESTIGATIONS AND OFFENCES
Division 1--Enforcement and investigations
Subdivision 1--Authorised officers
83 Appointment and qualifications of authorised officers . . . . . . . . . . . . . . . . . 46
84 Functions and powers of authorised officers . . . . . . . . . . . . . . . . . . . . . . . . . 47
85 Conditions of appointment of authorised officers . . . . . . . . . . . . . . . . . . . . . 47
86 Authorised officer's identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
87 Failure to return identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
88 Production or display of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
Subdivision 2--Power to enter places
89 Power to enter places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
Subdivision 3--Procedure for entry
90 Entry with consent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
91 Application for warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
92 Issue of warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
93 Special warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
94 Warrants--procedure before entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
Subdivision 4--Powers after entering a place
95 General powers after entering places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
96 Failure to help authorised officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
97 Failure to give information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
Subdivision 5--Power to seize evidence
98 Definition for sdiv 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
99 Seizing evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
100 Securing seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
101 Tampering with seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
102 Powers to support seizure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
103 Receipts for seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
104 Authorised officer may dispose of seized primary produce . . . . . . . . . . . . . 57
105 Forfeiture by authorised officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
106 Forfeiture on conviction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
107 Dealing with forfeited things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
6
Food Production (Safety)
108 Recovering costs of destruction or disposal . . . . . . . . . . . . . . . . . . . . . . . . . . 59
109 Return of seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
110 Access to seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
Subdivision 6--Power to obtain information
111 Power to require name and address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
112 Failure to give name or address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
113 Power to require information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
114 Power to require production of documents . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
115 Failure to produce documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
Subdivision 7--Emergency powers of authorised officers
116 Emergency powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
117 Failure to comply with authorised person's directions in emergency . . . . . 64
Subdivision 8--Power to require compliance
118 Compliance notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
Division 2--Other enforcement provisions
119 Restraining orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
120 Notice of damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
121 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
Division 3--Offences
122 False or misleading statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
123 False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
124 Obstructing an authorised officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
125 Impersonation of authorised officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
PART 9--APPEALS
126 Who may appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
127 Starting appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
128 Stay of operation of decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
129 Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
130 Powers of court on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
131 Appeal to District Court on questions of law only . . . . . . . . . . . . . . . . . . . . 70
PART 10--MISCELLANEOUS
132 Review of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
7
Food Production (Safety)
133 Protecting authorised persons and other persons from liability . . . . . . . . . . 71
134 Summary proceedings for offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
135 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
PART 11--TRANSITIONAL PROVISIONS
136 Definitions for pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
137 Dissolution of Queensland Livestock and Meat Authority . . . . . . . . . . . . . . 72
138 Transfer of assets and liabilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
139 Administrator becomes chief executive officer of Safe Food . . . . . . . . . . . 72
140 Employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
PART 12--REPEAL AND AMENDMENT OF ACTS
Division 1--Repeal of Dairy Industry Act 1993
141 Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
Division 2--Amendment of Agricultural Standards Act 1994
142 Act amended in div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
143 Amendment of s 74 (Review of Act) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
Division 3--Amendment of Meat Industry Act 1993
144 Act amended in div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
145 Replacement of s 3 (Objectives of Act) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
3 Main objective . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
146 Amendment of s 4 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
147 Omission of pt 2 (Ministerial advisory bodies) . . . . . . . . . . . . . . . . . . . . . . . 75
148 Omission of pt 3, div 1 (Establishment of authority) . . . . . . . . . . . . . . . . . . 75
149 Amendment of s 24 (Functions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
150 Omission of pt 3, divs 35 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
151 Amendment of pt 3, div 6 (Staff) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
152 Omission of ss 3940 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
153 Amendment of s 41 (Chief meat officer) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
154 Omission of s 42 (Acting chief meat officer) . . . . . . . . . . . . . . . . . . . . . . . . 76
155 Omission of ss 4345 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
156 Omission of s 47 (Parliamentary Commissioner Act 1974 not to
apply to certain decisions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
157 Amendment of s 70 (Standards) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
158 Omission of s 163 (Review of Act) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
8
Food Production (Safety)
159 Insertion of new pt 8A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
PART 8A--TRANSITIONAL PROVISIONS FOR FOOD
PRODUCTION (SAFETY) ACT 2000
166A Safe Food taken to be the authority . . . . . . . . . . . . . . . . . . . . . . . . . . 77
166B Administrator continues in office . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
160 Amendment of s 167 (Expiry of Act) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 79
DICTIONARY
2000
A BILL
FOR
An Act to establish Safe Food Production QLD and provide for food
safety matters relating to the production of primary produce, and
for other purposes
s1 10 s3
Food Production (Safety)
The Parliament of Queensland enacts-- 1
ART 1--PRELIMINARY 2
P
1--Introduction 3
Division
title 4
Short
1. This Act may be cited as the Food Production (Safety) Act 2000. 5
6
Commencement
2.(1) Parts 5 to 8 and part 12, division 1, 1 commence on a day to be fixed 7
by proclamation. 8
(2) The Acts Interpretation Act 1954, section 15DA,2 does not apply to 9
part 12, division 1. 10
2--Objects and application 11
Division
objects of Act 12
Main
3. The main objects of this Act are-- 13
(a) to establish Safe Food Production QLD; and 14
(b) to ensure the production of primary produce is carried out in a 15
way that-- 16
(i) makes the primary produce fit for human or animal 17
consumption; and 18
1 Part 5 (Accreditation), part 6 (Auditing), part 7 (Serious food safety offences),
part 8 (Enforcement, investigations and offences) and part 12, division 1 (Repeal
of Dairy Industry Act 1993)
2 Acts Interpretation Act 1954, section 15DA (Automatic commencement of
postponed law)
s4 11 s6
Food Production (Safety)
(ii) maintains food quality; and 1
(c) to provide for food safety measures for the production of primary 2
produce consistent with other State laws relating to food safety. 3
binds all persons 4
Act
4. This Act binds all persons, including the State and, so far as the 5
legislative authority of the Parliament permits, the Commonwealth and the 6
other States. 7
Act 1981 not affected 8
Food
5. This Act is in addition to, and does not limit, the Food Act 1981. 9
from application of Act 10
Exemption
6.(1) This Act does not apply to primary produce or the production of 11
primary produce-- 12
(a) at premises on or from which primary produce is sold by retail, 13
other than-- 14
(i) meat retail premises; or 15
(ii) other premises on which the production of primary produce 16
is the predominant activity carried out on the premises; or 17
18
Example for subparagraph (ii)--
19
A packing shed, situated on an apple orchard, that is used to
20
wash and pack apples but from which a person may occasionally
21
sell apples by retail.
(b) in vehicles on or from which primary produce is sold by retail, 22
other than-- 23
(i) meat retail vehicles; or 24
(ii) other vehicles in which the production of primary produce is 25
the predominant activity carried out in the vehicle. 26
(2) Also, this Act does not apply to-- 27
(a) primary produce possessed by an individual for the individual's 28
s7 12 s7
Food Production (Safety)
own use; or 1
(b) the production of primary produce carried out by an individual if 2
the primary produce is not-- 3
(i) supplied, or intended for supply; or 4
(ii) used, or intended for use, as food for paying guests. 5
(3) In this section-- 6
"meat retail premises" means retail premises, or part of a retail premises, 7
on or from which meat processing is carried out, or meat is sold, other 8
than retail premises on or from which all meat sold on the premises 9
is-- 10
(a) sold ready for immediate consumption; or 11
(b) prepackaged meat. 12
13
Example of `part of retail premises'--
14
A meat section in a supermarket.
"meat retail vehicle" means a vehicle on or from which meat is sold, other 15
than meat ready for immediate consumption. 16
"prepackaged meat" means meat fully enclosed in a sealed package that-- 17
(a) prevents the escape of anything that may leak from the meat; and 18
(b) is made of durable material and resistant to breakage during 19
normal handling; and 20
(c) is sealed so that any opening and re-sealing of the package is 21
easily seen. 22
3--Interpretation 23
Division
24
Definitions
7. The dictionary in the schedule defines particular words used in this 25
Act. 26
s8 13 s 10
Food Production (Safety)
of "dairy produce" 1
Meaning
8. "Dairy produce" means-- 2
(a) milk of a bovine animal, camel, goat or sheep, or other milk 3
prescribed under a regulation; or 4
(b) a product consisting substantially of milk or milk solids and 5
prescribed under a regulation to be dairy produce. 6
7
Examples of a `product' for paragraph (b)--
8
Butter, cheese, yoghurt and flavoured milk.
of "meat" 9
Meaning
9.(1) "Meat" is raw food that is the whole or part of a killed animal. 10
(2) "Meat" does not stop being meat merely because its nature is 11
changed, otherwise than by cooking, or it is mixed with another substance. 12
(3) However, "meat" does not include smallgoods. 13
14
Examples of `meat'--
15
Marinated meat, meat rissoles, meat sausages and stir-fry lamb mix.
of "primary produce" 16
Meaning
10.(1) "Primary produce" means-- 17
(a) food produced by the production of primary produce; or 18
(b) an animal, plant or other organism intended for human or animal 19
consumption; or 20
(c) raw material taken from an animal, plant or other organism for 21
food. 22
(2) However, "primary produce" does not include a raw material 23
mentioned in subsection (1)(c) unless the raw material is in substantially the 24
same condition as when it was taken from the animal, plant or other 25
organism. 26
27
Example of a raw material `in substantially the same condition' as when it was taken
28
from a plant--
29
A whole apple.
s 11 14 s 11
Food Production (Safety)
of "production of primary produce" 1
Meaning
11.(1) The "production of primary produce" includes the following-- 2
(a) the growing, cultivation, picking, harvesting, collection or 3
catching of animals, plants or other organisms; 4
(b) the transportation or delivery of primary produce; 5
(c) the freezing, packaging, refrigeration, storage, treating or washing 6
of primary produce; 7
(d) the dismembering, filleting, peeling or shucking of seafood, or 8
adding brine to seafood; 9
(e) the boiling of crustaceans; 10
(f) the pasteurisation or homogenisation of milk, or manufacturing of 11
other dairy produce; 12
(g) the making of smallgoods; 13
(h) meat processing or rendering; 14
(i) the processing of primary produce-- 15
(i) intended for consumption by a domestic animal; or 16
(ii) intended for consumption by another animal if the animal, or 17
any part or product of the animal, is intended for human 18
consumption. 19
(2) Subject to subsection (1), "production of primary produce" does 20
not include a process, including, for example, manufacturing or canning, in 21
which the nature of the primary produce is substantially changed. 22
(3) In this section-- 23
"treating", of primary produce, means-- 24
(a) enhancing the appearance of the primary produce, including, for 25
example, by waxing or oiling it; or 26
(b) dealing with the primary produce solely to kill bacteria or germs 27
in the primary produce, or to ripen it. 28
29
Examples for paragraph (b)--
30
1. Using ultraviolet light to kill bacteria or germs.
31
2. Using gas to ripen bananas.
s 12 15 s 14
Food Production (Safety)
of "substantially changed" 1
Meaning
12. The nature of primary produce is "substantially changed" if-- 2
(a) any thing done to the primary produce markedly increases its 3
shelf life; or 4
(b) any food is added to it. 5
ART 2--SAFE FOOD PRODUCTION QLD 6
P
1--Establishment 7
Division
8
Establishment
13.(1) Safe Food Production QLD ("Safe Food") is established. 9
(2) Safe Food-- 10
(a) is a body corporate; and 11
(b) has a seal; and 12
(c) may sue and be sued in its corporate name. 13
(3) Safe Food does not represent the State. 14
(4) Safe Food is an exempt public authority under the Corporations Law. 15
2--Functions and powers 16
Division
unctions 17
F
14. The functions of Safe Food are as follows-- 18
(a) to regulate, under food safety schemes, the production of primary 19
produce to ensure primary produce is safe for human and animal 20
consumption; 21
(b) to advise, or make recommendations to, the Minister about-- 22
s 15 16 s 15
Food Production (Safety)
(i) food safety matters relating to the production of primary 1
produce; and 2
(ii) the development or implementation of food safety schemes; 3
(c) to monitor the hygiene and operating procedures of premises, 4
vehicles, plant and equipment used for production of primary 5
produce; 6
(d) to encourage businesses engaged in the production of primary 7
produce-- 8
(i) to minimise food safety risks by developing and maintaining 9
food safety programs; and 10
(ii) to develop and adopt quality assurance measures for the 11
primary produce; 12
(e) to approve or audit quality assurance measures mentioned in 13
paragraph (d)(ii); 14
(f) to approve food safety programs; 15
(g) to grant accreditations; 16
(h) to approve and train individuals to carry out audits to monitor 17
compliance with food safety schemes; 18
(i) to review audits mentioned in paragraph (h); 19
(j) to commission research relating to food safety matters for 20
primary produce. 21
powers 22
General
15.(1) Safe Food has all the powers of an individual and may, for 23
example, do the following-- 24
(a) enter into contracts; 25
(b) acquire, hold, deal with, and dispose of, property; 26
(c) appoint and act through agents and attorneys; 27
(d) employ staff and engage consultants; 28
(e) charge for services and facilities it supplies; 29
s 16 17 s 17
Food Production (Safety)
(f) join and participate in industry associations; 1
(g) do anything else necessary or convenient to be done for, or in 2
connection with, the performance of its functions. 3
(2) Without limiting subsection (1), Safe Food has the powers given to it 4
under this or another Act. 5
(3) However, Safe Food may not acquire shares or another interest in an 6
entity holding an accreditation under this Act. 7
(4) Safe Food may exercise its powers inside or outside Queensland, 8
including outside Australia. 9
10
Delegation
16.(1) Safe Food may delegate its powers to a committee or employee of 11
Safe Food. 12
(2) However, Safe Food may delegate the power only if satisfied the 13
committee members or employees are appropriately qualified. 14
(3) In this section-- 15
"appropriately qualified", for a committee member or an employee, 16
includes having the qualifications, experience or standing appropriate to 17
exercise the power. 18
19
Example of `standing'--
20
An employee's seniority level within the staff of Safe Food.
direction 21
Ministerial
17.(1) The Minister may give Safe Food a written direction about the 22
performance of Safe Food's functions or exercise of its powers, or written 23
notice of a public sector policy, if satisfied it is necessary to give the 24
direction or notice in the public interest. 25
(2) Safe Food must ensure the direction or policy is complied with. 26
(3) However, before giving the direction or notice the Minister must-- 27
(a) consult with Safe Food; and 28
(b) ask Safe Food to advise whether, in its opinion, complying with 29
s 18 18 s 20
Food Production (Safety)
the direction or notice would not be in its financial interest. 1
(4) The Minister must gazette a copy of the direction or notice within 2
21 days after the direction or notice is given. 3
3--Administration 4
Division
of chief executive officer 5
Appointment
18.(1) The Minister must appoint a chief executive officer of Safe Food. 6
(2) The chief executive officer is to be appointed for a term of no more 7
than 5 years. 8
of appointment 9
Conditions
19. The chief executive officer holds office on the conditions not 10
provided for by this Act that are decided by the Minister. 11
for appointment 12
Qualifications
20.(1) The Minister may appoint a person as the chief executive officer 13
only if satisfied the person has the necessary experience or expertise to be 14
the chief executive officer. 15
(2) A person is not qualified to be or to continue as the chief executive 16
officer if the person-- 17
(a) is an undischarged bankrupt or is taking advantage of the laws in 18
force for the time being relating to bankrupt or insolvent debtors; 19
or 20
(b) is convicted of an indictable offence, whether on indictment or 21
summarily; or 22
(c) becomes incapable of performing the duties of the chief executive 23
officer because of physical or mental incapacity; or 24
(d) is not able to manage a corporation because of the Corporations 25
Law, section 229; or 26
s 21 19 s 22
Food Production (Safety)
(e) is named in the register held by the Australian Securities and 1
Investments Commission under the Corporations Law, 2
section 243.3 3
of office 4
Vacation
21. The office of the chief executive officer becomes vacant if the chief 5
executive officer-- 6
(a) dies; or 7
(b) resigns office by notice given to the Minister; or 8
(c) ceases to be qualified to be the chief executive officer. 9
4--Responsibilities of chief executive officer and other matters 10
Division
about Safe Food 11
executive officer to manage Safe Food's affairs and prepare 12
Chief
business plans 13
22.(1) The chief executive officer of Safe Food must manage the affairs 14
of Safe Food and prepare a business plan each year. 15
(2) The business plan must cover Safe Food's operations for the year in 16
which the plan is prepared and the 2 following years. 17
(3) The business plan must include details of the following matters for 18
the period covered by the plan-- 19
(a) the food safety schemes under this Act, and any food safety 20
schemes being developed, including, for example, projected cost 21
structures and funding arrangements for each scheme; 22
(b) Safe Food's funding arrangements for food safety activities 23
carried out by Safe Food other than in connection with a food 24
safety scheme; 25
(c) Safe Food's administrative costs; 26
3 Corporations Law, sections 229 (Certain persons not to manage corporations) and
243 (Register of disqualified company directors and other officers)
s 23 20 s 24
Food Production (Safety)
(d) the projected funding required from the State to ensure 1
compliance with this Act; 2
(e) how Safe Food intends to ensure its activities in connection with 3
food safety schemes are managed on a cost-recovery basis. 4
executive officer to give business plans to Minister 5
Chief
23.(1) The chief executive officer must, within 2 months after the date of 6
assent, give the Minister a copy of the first business plan prepared by the 7
chief executive officer. 8
(2) The chief executive officer must give the Minister a copy of other 9
business plans by 31 March in the year in which the plan is prepared. 10
of other Acts 11
Application
24.(1) Safe Food is-- 12
(a) a statutory body under the Financial Administration and Audit Act 13
1977 and the Statutory Bodies Financial Arrangements Act 1982; 14
and 15
(b) a unit of public administration under the Criminal Justice Act 16
1989. 17
(2) The Statutory Bodies Financial Arrangements Act 1982, part 2B4 18
states the way in which Safe Food's powers under this Act are affected by 19
the Statutory Bodies Financial Arrangements Act 1982. 20
4 Statutory Bodies Financial Arrangements Act 1982, part 2B (Powers under this
Act and relationship with other Acts)
s 25 21 s 27
Food Production (Safety)
ART 3--FOOD SAFETY ADVISORY COMMITTEE 1
P
1--Establishment and functions 2
Division
3
Establishment
25. The Food Safety Advisory Committee (the "advisory committee") 4
is established. 5
unctions 6
F
26. The advisory committee's functions are-- 7
(a) to give advice, or make recommendations, to Safe Food or the 8
Minister about-- 9
(i) the development and making of food safety schemes or 10
regulations under this Act; and 11
(ii) any matter relating to Safe Food's functions; and 12
(iii) any matter relating to food safety or the operation of this Act 13
that is referred to the committee by Safe Food or the 14
Minister; and 15
(b) any other functions prescribed under a regulation. 16
2--Membership 17
Division
of committee 18
Membership
27.(1) The advisory committee consists of the following members-- 19
(a) the chief executive officer of Safe Food; 20
(b) the chief executive of the department; 21
(c) the chief executive of the department through which the Food Act 22
1981 is administered; 23
(d) a number of persons, each of whom represents an organisation 24
that represents the interests of a section of an industry to which a 25
s 28 22 s 29
Food Production (Safety)
food safety scheme, or a proposed food safety scheme, relates; 1
(e) any other person appointed by the Minister as a committee 2
member. 3
(2) The chief executive officer of Safe Food is the chairperson of the 4
committee. 5
(3) The members mentioned in subsection (1)(d) must be appointed by 6
the Minister. 7
(4) The Minister may appoint a person under subsection (1)(e) only if 8
satisfied the person has experience or expertise in 1 or more of the 9
following-- 10
(a) food technology; 11
(b) agricultural science, aquacultural science, food science or 12
veterinary science; 13
(c) human nutrition; 14
(d) microbiology or epidemiology; 15
(e) design, implementation, management or auditing of food safety 16
schemes, food safety programs or other matters relating to food 17
safety; 18
(f) the production or sale of primary produce; 19
(g) consumer advocacy; 20
(h) environmental or public health; 21
(i) business, public administration or risk management. 22
of appointment 23
Term
28. An appointed member is to be appointed for a term of no more than 24
3 years. 25
of appointment 26
Conditions
29. A member holds office on the conditions not provided for by this Act 27
that are decided by the Minister. 28
s 30 23 s 34
Food Production (Safety)
3--Proceedings 1
Division
onduct of business 2
C
30. Subject to this division, the advisory committee may conduct its 3
business, including its meetings, in the way it considers appropriate. 4
and place of first meeting 5
Time
31. The Minister may call the first meeting of the advisory committee at 6
the time and place the Minister decides. 7
executive officer to invite committee members 8
Chief
32.(1) The chief executive officer must invite the members mentioned in 9
section 27(1)(b) and (c) to each advisory committee meeting. 10
(2) If a meeting is called to consider a matter relating to a food safety 11
scheme, or a proposed food safety scheme, the chief executive officer must 12
invite to the meeting the members mentioned in section 27(1)(d) who 13
represent the section of an industry to which the scheme relates. 14
(3) The chief executive officer may invite to a meeting other members the 15
chief executive officer believes appropriate for the matters to be considered 16
at the meeting. 17
uorum 18
Q
33. A quorum for a meeting of the advisory committee is the number 19
equal to half the number of its members invited to the meeting plus 1 or, if 20
half the number of members is not a whole number, the next highest whole 21
number. 22
at meetings 23
Presiding
34.(1) The chief executive officer is to preside at all meetings of the 24
advisory committee at which the chief executive officer is present. 25
(2) If the chief executive officer is not present at a meeting, a delegate of 26
the chief executive officer is to preside. 27
s 35 24 s 37
Food Production (Safety)
of meetings 1
Conduct
35.(1) A question at an advisory committee meeting is decided by a 2
majority of the votes of the members present. 3
(2) Each member present at the meeting has a vote on each question to be 4
decided and, if the votes are equal, the member presiding also has a casting 5
vote. 6
(3) A member present at the meeting may abstain from voting. 7
(4) The committee may hold meetings, or allow members to take part in 8
its meetings, by using any technology allowing reasonably 9
contemporaneous and continuous communication between members taking 10
part in the meeting. 11
(5) A member who takes part in a meeting under subsection (4) is taken 12
to be present at the meeting. 13
inutes 14
M
36. The advisory committee must keep minutes of its proceedings. 15
of interests by committee members 16
Disclosure
37.(1) This section applies to a member of the advisory committee if-- 17
(a) the member has an interest in a matter being considered, or about 18
to be considered, by the committee; and 19
(b) the interest could conflict with the proper performance of the 20
member's duties about the consideration of the matter. 21
(2) As soon as practicable after the relevant facts come to the member's 22
knowledge, the member must disclose the nature of the interest to a meeting 23
of the committee. 24
Maximum penalty--50 penalty units. 25
(3) Unless the Minister or the committee otherwise directs, the member 26
must not-- 27
(a) be present when the committee considers the matter; or 28
s 38 25 s 38
Food Production (Safety)
(b) take part in a decision of the committee about the matter. 1
Maximum penalty--50 penalty units. 2
(4) The member must not be present when the committee is considering 3
whether to give a direction under subsection (3). 4
Maximum penalty--50 penalty units. 5
(5) If there is another member who must, under subsection (2), also 6
disclose an interest in the matter, the other member must not-- 7
(a) be present when the committee is considering whether to give a 8
direction under subsection (3); or 9
(b) take part in making the decision about giving the direction. 10
Maximum penalty--50 penalty units. 11
(6) A disclosure under subsection (2) must be recorded in the 12
committee's minutes. 13
(7) In this section-- 14
"interest", of a committee member, relating to a matter under consideration 15
does not include-- 16
(a) for a committee member mentioned in section 27(1)(d)--an 17
interest the member has in common with members of the 18
organisation represented by the committee member; or 19
(b) for a committee member mentioned in section 27(1)(e)--an 20
interest the member has in common with persons of similar 21
experience or expertise as the member. 22
4--Subcommittees 23
Division
24
Subcommittees
38.(1) The advisory committee may establish subcommittees to help the 25
committee perform its functions. 26
(2) The advisory committee may appoint members of a subcommittee. 27
(3) At least 1 of the members must be a member of the advisory 28
committee. 29
s 39 26 s 39
Food Production (Safety)
(4) The function of a subcommittee is to advise and make 1
recommendations to the advisory committee about matters, within the scope 2
of the advisory committee's functions, referred by the advisory committee 3
to the subcommittee. 4
(5) The subcommittee may decide incidental matters not provided for 5
under this Act, including, for example, the way the subcommittee must 6
conduct its business or meetings. 7
PART 4--FOOD SAFETY SCHEMES AND 8
PROGRAMS 9
Division 1--Food safety schemes 10
food safety schemes 11
Making
39.(1) The Governor in Council may make a food safety scheme. 12
(2) A food safety scheme may be made about any of the following-- 13
(a) how production of primary produce is to be carried out, including, 14
for example, the temperatures at which primary produce must be 15
kept; 16
(b) the premises, vehicles, plant or equipment used, or intended to be 17
used, for the production of primary produce; 18
(c) prohibiting activities associated with the production of primary 19
produce; 20
(d) the classification, marking or other identification of primary 21
produce; 22
(e) the wholesomeness, testing or analysis of primary produce; 23
(f) sanitation, hygiene and the prevention of disease in primary 24
produce; 25
(g) the blending or mixing of dairy produce or meat with any other 26
thing; 27
s 40 27 s 40
Food Production (Safety)
(h) the persons who are to have accreditation for the production of 1
primary produce; 2
(i) the preparation and implementation of food safety programs to 3
ensure compliance with the food safety scheme; 4
(j) the auditing and approval of food safety programs mentioned in 5
paragraph (i); 6
(k) the recall of primary produce; 7
(l) the qualifications, skills or expertise required of a person to handle 8
primary produce; 9
(m) the giving of information or returns relating to food safety matters 10
to Safe Food; 11
(n) reviewing the operation of food safety schemes; 12
(o) fees payable to Safe Food; 13
(p) the adoption of standards about food safety; 14
(q) any other matter relevant to food safety issues relating to the 15
production of primary produce. 16
(3) Before a food safety scheme is made, the Minister and Safe Food 17
must consult with the advisory committee about the proposed scheme. 18
(4) Failure to comply with subsection (3) does not affect the scheme's 19
validity. 20
(5) A food safety scheme is subordinate legislation. 21
(6) A food safety scheme may provide that contravention of the scheme 22
is an offence and prescribe a maximum penalty, of not more than 50 penalty 23
units, for the offence. 24
of food safety schemes 25
Contents
40.(1) A food safety scheme must state the following-- 26
(a) the primary produce to which the scheme applies; 27
(b) who must be accredited under the scheme and who must comply 28
with the scheme; 29
s 41 28 s 41
Food Production (Safety)
(c) who must prepare and maintain a food safety program under the 1
scheme; 2
(d) the aspects of the production of primary produce to which the 3
scheme applies; 4
(e) the auditing requirements under the scheme. 5
(2) Without limiting subsection (1), a food safety scheme may-- 6
(a) state whether a person may engage in the production of primary 7
produce to which the scheme applies without an approved food 8
safety program; and 9
(b) identify a standard about food safety applying to an industry to 10
which the scheme relates, including, for example, a standard 11
about food hygiene practices, training for safe food handling and 12
operating procedures for plant and equipment used in the 13
industry. 14
2--Food safety programs 15
Division
safety programs 16
Food
41.(1) This section applies to a person who must prepare and maintain a 17
food safety program under a food safety scheme. 18
(2) The food safety program must-- 19
(a) identify significant food safety hazards associated with the 20
production of primary produce carried out by the person; and 21
(b) state how the hazards are to be monitored and controlled; and 22
(c) state how hygienic and safe conditions for the primary produce 23
are to be monitored and maintained; and 24
(d) state how often the program is to be reviewed by the person; and 25
(e) contain details about the provision of training for staff, if any, 26
who deal with the primary produce; and 27
(f) contain any other information prescribed under the food safety 28
scheme. 29
s 42 29 s 44
Food Production (Safety)
(3) The person must keep a copy of the food safety program at each place 1
to which the program relates. 2
Maximum penalty--50 penalty units. 3
ART 5--ACCREDITATION 4
P
Division 1--Preliminary 5
of accreditation system 6
Purpose
42. The purpose of the accreditation system established under this part is 7
to ensure the production of primary produce is carried out in a way that 8
makes the primary produce safe for human and animal consumption. 9
given by accreditation 10
Authority
43.(1) An accreditation authorises the holder of the accreditation to 11
produce primary produce-- 12
(a) stated in the accreditation; and 13
(b) on the conditions stated in the accreditation and under this Act. 14
(2) The accreditation does not authorise the holder of the accreditation to 15
do anything prohibited under another Act. 16
Division 2--Obtaining accreditation 17
for grant or renewal of accreditations 18
Application
44.(1) A person may apply to Safe Food for an accreditation or renewal 19
of an accreditation. 20
(2) The application must be-- 21
(a) in the approved form; and 22
s 45 30 s 46
Food Production (Safety)
(b) accompanied by the following-- 1
(i) the prescribed fee; 2
(ii) a description of the activities carried out, or proposed to be 3
carried out, by the applicant in connection with the 4
production of primary produce; 5
(iii) a description of the premises, vehicles, plant or equipment 6
used, or proposed to be used, by the applicant for the 7
activities mentioned in subparagraph (ii); 8
(iv) if the applicant is required under a food safety scheme to 9
prepare and maintain a food safety program for the activities, 10
a copy of the food safety program. 11
information for applications 12
Additional
45.(1) Safe Food may, by written notice, ask the applicant to-- 13
(a) give it further reasonable information or documents about the 14
application by the reasonable date stated in the notice; or 15
(b) allow an authorised officer to inspect premises, vehicles, plant or 16
equipment used, or proposed to be used, by the applicant. 17
(2) Safe Food may refuse the application if the applicant does not give it 18
the further information or documents by the stated day, or allow the 19
inspection, without reasonable excuse. 20
(3) If Safe Food agrees, the applicant may amend the application before 21
Safe Food has finished considering it. 22
applications 23
Deciding
46.(1) Safe Food must consider the application and either grant or renew 24
the accreditation, with or without conditions, or refuse the application. 25
(2) However, Safe Food may also grant a temporary accreditation under 26
section 47. 27
s 47 31 s 48
Food Production (Safety)
accreditations 1
Temporary
47.(1) Before Safe Food grants an accreditation under section 46(1), it 2
may grant to the applicant a temporary accreditation. 3
(2) The temporary accreditation remains in force until the earlier of the 4
following happens-- 5
(a) the end of the period stated in the temporary accreditation; 6
(b) the accreditation applied for is granted, or the application is 7
refused, under section 46(1). 8
(3) The stated period must not be more than 2 months after the grant of 9
the temporary accreditation. 10
(4) A reference in this Act to an accreditation includes a reference to a 11
temporary accreditation. 12
or renewal of accreditations 13
Grant
48.(1) If Safe Food decides to grant or renew the accreditation, it must, 14
within 14 days after making the decision, give the applicant-- 15
(a) the accreditation; and 16
(b) if Safe Food decides to impose conditions on the accreditation, a 17
written notice stating-- 18
(i) the decision and the reasons for it; and 19
(ii) that the applicant may appeal against the decision; and 20
(iii) how to appeal. 21
(2) The accreditation must state the place at which the applicant may 22
produce the primary produce stated in the accreditation. 23
(3) If the applicant must prepare and maintain a food safety program 24
under a food safety scheme, Safe Food may grant or renew the accreditation 25
only if satisfied the applicant's food safety program complies with the food 26
safety scheme. 27
(4) If Safe Food grants the accreditation, the applicant's food safety 28
program becomes the approved food safety program for the accreditation. 29
s 49 32 s 51
Food Production (Safety)
of applications 1
Refusal
49. If Safe Food decides to refuse the application, it must, within 14 days 2
after making the decision, give the applicant a written notice stating-- 3
(a) the decision and the reasons for it; and 4
(b) that the applicant may appeal against the decision; and 5
(c) how to appeal. 6
of accreditations 7
Conditions
50.(1) Safe Food may impose conditions on the accreditation it decides 8
are reasonable and relevant having regard to the food safety scheme relating 9
to the activities carried out by the applicant in connection with the production 10
of primary produce. 11
(2) Without limiting subsection (1), the accreditation must state that the 12
accreditation holder must-- 13
(a) comply with the food safety scheme; and 14
(b) allow an auditor to enter the place stated in the accreditation to 15
conduct an audit under this Act. 16
(3) The accreditation must also state the fees or other charges payable to 17
Safe Food under the accreditation. 18
(4) The accreditation remains in force, unless sooner cancelled or 19
suspended, for 1 year. 20
3--Amendment, suspension or cancellation of accreditations 21
Division
22
Amendment--grounds
51. Safe Food may amend an accreditation, including, for example, by 23
adding a further condition to the accreditation-- 24
(a) with the written agreement of the accreditation holder; or 25
(b) if Safe Food believes the amendment is necessary or desirable to 26
ensure the production of primary produce is carried out in a way 27
s 52 33 s 53
Food Production (Safety)
that makes the primary produce safe for human or animal 1
consumption and section 53 has been complied with. 2
or cancellation--grounds 3
Suspension
52. Safe Food may suspend or cancel an accreditation if the chief 4
executive officer believes on reasonable grounds-- 5
(a) the accreditation was granted in error or because of a materially 6
false or fraudulent document, statement or representation; or 7
(b) the holder of the accreditation-- 8
(i) has committed, or is committing, an offence against this Act; 9
or 10
(ii) has not complied with a condition of the accreditation; or 11
(iii) has not paid a prescribed fee or other amount payable to Safe 12
Food. 13
suspension or cancellation--procedure 14
Amendment,
53.(1) Before amending, suspending or cancelling an accreditation, Safe 15
Food must give the holder of the accreditation a written notice inviting the 16
holder to show why the accreditation should not be amended, suspended or 17
cancelled (the "proposed action"). 18
(2) The notice must state the following-- 19
(a) the proposed action; 20
(b) the grounds for the proposed action; 21
(c) the facts and circumstances forming the basis for the grounds; 22
(d) if the proposed action is suspension of the accreditation, the 23
proposed suspension period; 24
(e) if the proposed action is to amend the accreditation, the proposed 25
amendment; 26
(f) that representations may be made about the notice; 27
(g) how the representations may be made; 28
(h) where the representations may be made or sent; 29
s 54 34 s 54
Food Production (Safety)
(i) a day and time for making the representations or a period within 1
which the representations must be made. 2
(3) The stated day or period must be, or must end, at least 28 days after 3
the notice is given. 4
(4) If, after considering all representations made within the stated period, 5
the chief executive officer still considers the proposed action should be 6
taken, Safe Food may-- 7
(a) if the proposed action is to amend the accreditation--amend the 8
accreditation; and 9
(b) if the proposed action is to suspend the accreditation--suspend 10
the accreditation for no longer than the proposed suspension 11
period; and 12
(c) if the proposed action is to cancel the accreditation--cancel the 13
accreditation or suspend it for a period. 14
(5) This section does not apply if the accreditation is amended under 15
section 51(a). 16
suspension 17
Immediate
54.(1) This section applies if the chief executive officer believes on 18
reasonable grounds the holder of an accreditation has committed, or is 19
committing, a serious food safety offence. 20
(2) Safe Food may immediately suspend the accreditation by written 21
notice given to the holder. 22
(3) The notice must state the reason for the decision. 23
(4) Safe Food must, within 7 days after giving the notice under 24
subsection (2), give the holder a notice under section 53(2). 25
(5) The accreditation is suspended under this section until the earlier of 26
the following happens-- 27
(a) Safe Food gives the holder a notice of Safe Food's decision under 28
section 53(4); 29
(b) the end of 60 days after the notice under subsection (2) was given 30
to the holder. 31
s 55 35 s 56
Food Production (Safety)
and effect of amendment, suspension or cancellation 1
Notice
55.(1) If Safe Food amends, suspends or cancels an accreditation under 2
section 53, notice and particulars of the amendment, suspension or 3
cancellation must be given to the accreditation holder. 4
(2) The notice must state-- 5
(a) the decision and the reasons for it; and 6
(b) that the holder may appeal against the decision; and 7
(c) how to appeal. 8
(3) An amendment takes effect from the day stated in the notice. 9
(4) If Safe Food suspends the accreditation, it is ineffective during the 10
period of suspension. 11
(5) The suspension-- 12
(a) may be for the period Safe Food decides; and 13
(b) has effect from-- 14
(i) the day the notice is given; or 15
(ii) if a later day is stated in the notice--the stated day. 16
(6) If Safe Food cancels the accreditation, it ceases to have effect from-- 17
(a) the day the notice is given; or 18
(b) if a later day is stated in the notice--the stated day. 19
of amended, suspended or cancelled accreditations 20
Return
56.(1) If Safe Food amends, suspends or cancels an accreditation, it may, 21
by written notice, ask the holder of the accreditation to give the accreditation 22
to Safe Food by the reasonable day stated in the notice. 23
(2) The holder must comply with the notice unless the holder has a 24
reasonable excuse for not complying with it. 25
Maximum penalty--40 penalty units. 26
(3) After amending an accreditation, Safe Food must return it to the 27
holder. 28
s 57 36 s 60
Food Production (Safety)
(4) If a suspended accreditation is returned to Safe Food, Safe Food must 1
give the accreditation to the holder at the end of the suspension period. 2
Division 4--Surrender 3
of accreditations 4
Surrender
57.(1) The holder of an accreditation may surrender the accreditation by 5
written notice given to Safe Food. 6
(2) The accreditation must accompany the notice. 7
ART 6--AUDITING 8
P
Division 1--Preliminary 9
of auditing system 10
Purpose
58. The purpose of the auditing system established under this part is to 11
ensure places and activities associated with the production of primary 12
produce comply with this Act. 13
authority 14
Auditors'
59. An approval as an auditor under this part authorises the holder of the 15
approval to conduct audits under this Act. 16
Division 2--Obtaining approval 17
for approval as auditor 18
Applications
60.(1) An individual may apply to Safe Food for an approval, or renewal 19
of an approval, as an auditor. 20
(2) The application must be-- 21
s 61 37 s 62
Food Production (Safety)
(a) in the approved form; and 1
(b) accompanied by the prescribed fee. 2
information for applications 3
Additional
61.(1) Safe Food may, by written notice, ask the applicant to give it 4
further reasonable information or documents about the application by the 5
reasonable date stated in the request. 6
(2) Safe Food may refuse the application if the applicant does not give it 7
the further information or documents by the stated day, without reasonable 8
excuse. 9
(3) If Safe Food agrees, the applicant may amend the application before 10
Safe Food has finished considering it. 11
applications 12
Deciding
62.(1) Safe Food must consider the application and either grant or renew 13
the approval, with or without conditions, or refuse the application. 14
(2) However, Safe Food may grant or renew the approval only if 15
satisfied-- 16
(a) the applicant has the necessary expertise or experience to carry out 17
the functions of an auditor; and 18
(b) if the Minister has given Safe Food a written notice of a public 19
sector policy relating to the approval of auditors under 20
section 17(1),5 the policy has been complied with. 21
(3) Without limiting subsection (2), in deciding whether the applicant has 22
the necessary expertise or experience Safe Food may have regard to any 23
guidelines about auditing practices approved by Safe Food. 24
(4) Safe Food may only approve guidelines mentioned in subsection (3) 25
if it has consulted with the advisory committee about the guidelines. 26
5 Section 17 (Ministerial direction)
s 63 38 s 66
Food Production (Safety)
or renewal of approvals 1
Grant
63. If Safe Food decides to grant or renew the approval, it must, within 2
14 days after making the decision, give the applicant-- 3
(a) the approval; and 4
(b) if Safe Food imposes conditions on the approval, a written notice 5
stating-- 6
(i) the decision and the reasons for it; and 7
(ii) that the applicant may appeal against the decision; and 8
(iii) how to appeal. 9
of applications 10
Refusal
64. If Safe Food decides to refuse the application, it must, within 14 days 11
after making the decision, give the applicant a written notice stating-- 12
(a) the decision and the reasons for it; and 13
(b) that the applicant may appeal against the decision; and 14
(c) how to appeal. 15
of approvals 16
Term
65. An approval remains in force, unless sooner cancelled or suspended, 17
for 1 year. 18
3--Amendment, suspension or cancellation of approvals 19
Division
20
Amendment--grounds
66. Safe Food may amend an approval or add a further condition to the 21
approval-- 22
(a) with the written agreement of the approval holder; or 23
(b) if Safe Food believes the amendment is necessary or desirable to 24
ensure appropriate auditing of places or activities associated with 25
s 67 39 s 68
Food Production (Safety)
the production of primary produce and section 68 has been 1
complied with. 2
or cancellation--grounds 3
Suspension
67. Safe Food may suspend or cancel an approval if Safe Food believes 4
on reasonable grounds that-- 5
(a) the approval was granted in error or because of a materially false 6
or fraudulent document, statement or representation; or 7
(b) the holder of the approval-- 8
(i) has committed, or is committing, an offence against this Act; 9
or 10
(ii) has, within 5 years, been convicted of an indictable offence, 11
whether on indictment or summarily; or 12
(iii) has not complied with a condition of the approval; or 13
(iv) has not paid a prescribed fee or other amount payable to Safe 14
Food. 15
suspension or cancellation--procedure 16
Amendment,
68.(1) Before amending, suspending or cancelling an approval, Safe 17
Food must give the holder of the approval a written notice inviting the 18
holder to show why the approval should not be amended, suspended or 19
cancelled (the "proposed action"). 20
(2) The notice must state the following-- 21
(a) the proposed action; 22
(b) the grounds for the proposed action; 23
(c) the facts and circumstances that are the basis for the grounds; 24
(d) if the proposed action is suspension of the approval, the proposed 25
suspension period; 26
(e) if the proposed action is to amend the approval, the proposed 27
amendment; 28
(f) that representations may be made about the notice; 29
s 69 40 s 69
Food Production (Safety)
(g) how the representations may be made; 1
(h) where the representations may be made or sent; 2
(i) a day and time for making the representations or a period within 3
which the representations must be made. 4
(3) The stated day or period must be, or must end, at least 28 days after 5
the notice is given. 6
(4) If, after considering all representations made within the stated period, 7
the chief executive officer still considers the proposed action should be 8
taken, Safe Food may-- 9
(a) if the proposed action is to amend the approval--amend the 10
approval; and 11
(b) if the proposed action is to suspend the approval--suspend the 12
approval for no longer than the proposed suspension period; and 13
(c) if the proposed action is to cancel the approval--cancel the 14
approval or suspend it for a period. 15
(5) This subsection does not apply if an approval is amended under 16
section 66(a). 17
suspension of approvals 18
Immediate
69.(1) This section applies if the chief executive officer believes on 19
reasonable grounds the holder of an approval is not competent to conduct 20
audits under this Act. 21
(2) Safe Food may immediately suspend the approval by written notice 22
given to the holder. 23
(3) The notice must state the reason for the decision. 24
(4) Safe Food must, within 7 days after giving the notice under 25
subsection (2), give the holder a notice under section 68(2). 26
(5) The approval is suspended under this section until the earlier of the 27
following happens-- 28
(a) Safe Food gives the holder a notice of Safe Food's decision under 29
section 68(4); 30
s 70 41 s 71
Food Production (Safety)
(b) the end of 60 days after the notice under subsection (2) was given 1
to the holder. 2
and effect of amendment, suspension or cancellation 3
Notice
70.(1) If Safe Food amends, suspends or cancels an approval under 4
section 68, notice and particulars of the amendment, suspension or 5
cancellation must be given to the approval holder. 6
(2) The notice must state-- 7
(a) the decision and the reasons for it; and 8
(b) that the holder may appeal against the decision; and 9
(c) how to appeal. 10
(3) An amendment takes effect from the day stated in the notice. 11
(4) If Safe Food suspends the approval, it is ineffective during the period 12
of suspension. 13
(5) The suspension-- 14
(a) has effect from-- 15
(i) the day the notice is given; or 16
(ii) if a later day is stated in the notice--the later day; and 17
(b) may be for the period Safe Food decides. 18
(6) If Safe Food cancels the approval, it ceases to have effect from-- 19
(a) the day the notice is given; or 20
(b) if a later day is stated in the notice--the later day. 21
of amended, suspended or cancelled approvals 22
Return
71.(1) If Safe Food amends, suspends or cancels an approval, it may, by 23
written notice, ask the holder of the approval to give the approval to Safe 24
Food by the reasonable day stated in the notice. 25
(2) The holder must comply with the notice unless the holder has a 26
reasonable excuse for not complying with it. 27
Maximum penalty--40 penalty units. 28
s 72 42 s 74
Food Production (Safety)
(3) After amending an approval, Safe Food must return it to the holder. 1
(4) If a suspended approval is returned to Safe Food, Safe Food must 2
give the approval to the holder at the end of the suspension period. 3
Division 4--Surrender 4
of approvals 5
Surrender
72.(1) The holder of an approval may surrender the approval by written 6
notice given to Safe Food. 7
(2) The approval must accompany the notice. 8
5--Identity cards and register 9
Division
identity card 10
Auditor's
73.(1) Safe Food must give each auditor an identity card. 11
(2) The identity card must-- 12
(a) contain a recent colour photograph of the auditor; and 13
(b) contain a copy of the auditor's signature; and 14
(c) identify the individual as an auditor under this Act; and 15
(d) state the conditions of the auditor's approval; and 16
(e) state the day, if any, on which the approval expires. 17
of auditors 18
Register
74.(1) Safe Food must keep a register of auditors. 19
(2) The register must contain the following information about each 20
auditor-- 21
(a) the auditor's name; 22
(b) the conditions, if any, of the auditor's approval; 23
(c) any other information decided by Safe Food. 24
s 75 43 s 75
Food Production (Safety)
(3) Safe Food must ensure the register is available for inspection by 1
members of the public during normal office hours at Safe Food's head 2
office. 3
6--Audit reports and auditors' responsibilities 4
Division
reports 5
Audit
75.(1) An auditor must, within 14 days after completion of an audit 6
under this Act, give a copy of the report about the audit to-- 7
(a) Safe Food; and 8
(b) the person audited. 9
Maximum penalty--50 penalty units. 10
(2) The audit report must include the following information-- 11
(a) the auditor's name; 12
(b) the day the audit started; 13
(c) the day the audit was completed; 14
(d) the duration of the audit; 15
(e) the address of, or other information sufficient to identify, the place 16
at which the audit is conducted; 17
(f) details of the activities audited, and the food safety scheme or 18
food safety program relevant to the audit; 19
(g) whether, in the auditor's opinion-- 20
(i) the activities comply with the food safety scheme relating to 21
the activities; or 22
(ii) the auditor needs to conduct a further audit in relation to the 23
person's food safety program; 24
(h) the reasons that the auditor considers the activities comply, or do 25
not comply, with the food safety scheme. 26
s 76 44 s 77
Food Production (Safety)
of auditors 1
Responsibilities
76.(1) If, in the course of conducting the audit, the auditor forms a 2
reasonable belief a person has committed, or is committing, an offence 3
against this Act, the auditor must inform Safe Food of-- 4
(a) the person's name and address; and 5
(b) details about the facts and circumstances giving rise to the belief. 6
(2) If the offence is a serious food safety offence, the auditor must 7
inform Safe Food-- 8
(a) immediately after the auditor forms the reasonable belief unless 9
the auditor has a reasonable excuse for not informing Safe Food 10
immediately; or 11
(b) if the auditor has a reasonable excuse for not informing Safe Food 12
immediately--immediately after the reasonable excuse ceases to 13
have effect. 14
Maximum penalty--1 300 penalty units. 15
(3) If the offence is another offence, the auditor must inform Safe 16
Food-- 17
(a) within 7 days after the auditor forms the reasonable belief unless 18
the auditor has a reasonable excuse for not informing Safe Food 19
within 7 days; or 20
(b) if the auditor has a reasonable excuse for not informing Safe Food 21
within 7 days--within 7 days after the reasonable excuse ceases 22
to have effect. 23
Maximum penalty for subsection (3)--100 penalty units. 24
PART 7--SERIOUS FOOD SAFETY OFFENCES 25
of unsafe primary produce 26
Supply
77. A person must not supply primary produce that the person knows, or 27
s 78 45 s 81
Food Production (Safety)
ought reasonably to know, is unsafe. 1
Maximum penalty--3 000 penalty units or imprisonment for 2 years. 2
of unsafe primary produce 3
Production
78. A person must not engage in the production of primary produce if the 4
person knows, or ought reasonably to know, the primary produce would be 5
unsafe after production. 6
Maximum penalty--3 000 penalty units or imprisonment for 2 years. 7
production of primary produce 8
Unauthorised
79.(1) This section applies only to a person engaged in the production of 9
primary produce to which a food safety scheme applies. 10
(2) The person must not engage in the production of the primary produce 11
other than under an accreditation. 12
Maximum penalty--2 000 penalty units or imprisonment for 2 years. 13
of unwholesome meat or seafood 14
Supply
80.(1) A person must not supply meat or seafood ready for human 15
consumption, or preparation for human consumption, if the person knows, 16
or ought reasonably to know, the meat or seafood is unwholesome. 17
Maximum penalty--1 000 penalty units or imprisonment for 1 year. 18
(2) In this section-- 19
"unwholesome" means the meat or seafood is in a condition, or contains a 20
substance, a consumer would ordinarily regard as making the meat or 21
seafood unfit for human consumption. 22
substitution 23
Meat
81. A person must not, during meat processing, do something to the 24
meat-- 25
(a) with the intention of deceiving someone else about the species of 26
animal the meat is from; or 27
s 82 46 s 83
Food Production (Safety)
(b) that the person knows, or reasonably to know, is likely to result in 1
someone else being deceived about the species of animal the meat 2
is from. 3
Maximum penalty--1 500 penalty units. 4
of equipment or other things 5
Supply
82.(1) This section applies to equipment or another thing that, if used for 6
the purpose for which it is designed or intended to be used, is likely to make 7
primary produce unsafe when the primary produce is supplied to someone. 8
(2) A person must not supply the equipment or thing if the person 9
knows, or ought reasonably to know, that the equipment or thing is likely to 10
make the primary produce unsafe. 11
Maximum penalty--650 penalty units. 12
PART 8--ENFORCEMENT, INVESTIGATIONS AND 13
OFFENCES 14
1--Enforcement and investigations 15
Division
Subdivision 1--Authorised officers 16
and qualifications of authorised officers 17
Appointment
83.(1) Safe Food may appoint any of the following persons to be an 18
authorised officer-- 19
(a) an employee of Safe Food; 20
(b) a public service employee; 21
(c) an employee of a local government if the local government 22
approves of the appointment; 23
(d) an employee of the Commonwealth or another State; 24
s 84 47 s 86
Food Production (Safety)
(e) an employee of an entity-- 1
(i) established under a law of the Commonwealth or another 2
State with functions relating to food safety matters; and 3
(ii) prescribed under a regulation. 4
(2) However, Safe Food may appoint a person as an authorised officer 5
only if satisfied the person has the necessary expertise or experience to be an 6
authorised officer. 7
and powers of authorised officers 8
Functions
84.(1) An authorised officer has the function of conducting investigations 9
and inspections to monitor and enforce compliance with this Act. 10
(2) An authorised officer has the powers given under this or another Act. 11
(3) The powers of an authorised officer may be limited-- 12
(a) under a regulation; or 13
(b) under a condition of appointment; or 14
(c) by notice of Safe Food given to the authorised officer. 15
of appointment of authorised officers 16
Conditions
85.(1) An authorised officer holds office on the conditions stated in the 17
officer's instrument of appointment. 18
(2) An authorised officer-- 19
(a) if the appointment provides for a term of appointment, ceases to 20
hold office at the end of the term; and 21
(b) may resign by signed notice of resignation given to Safe Food. 22
officer's identity card 23
Authorised
86.(1) Safe Food must give each authorised officer an identity card. 24
(2) The identity card must-- 25
(a) contain a recent colour photograph of the authorised officer; and 26
s 87 48 s 89
Food Production (Safety)
(b) contain a copy of the authorised officer's signature; and 1
(c) identify the person as an authorised officer under this Act. 2
(3) This section does not prevent the giving of a single identity card to a 3
person for this Act and other Acts. 4
to return identity card 5
Failure
87. A person who ceases to be an authorised officer must return the 6
person's identity card to Safe Food as soon as practicable, but within 15 7
business days, after ceasing to be an authorised officer, unless the person 8
has a reasonable excuse for not returning it. 9
Maximum penalty--10 penalty units. 10
or display of identity card 11
Production
88.(1) An authorised officer may exercise a power under this Act in 12
relation to someone else only if the authorised officer-- 13
(a) first produces his or her identity card for the person's inspection; 14
or 15
(b) has the identity card displayed so it is clearly visible to the person. 16
(2) However, if for any reason it is not practicable to comply with 17
subsection (1), the authorised officer must produce the identity card for the 18
person's inspection at the first reasonable opportunity. 19
(3) Failure to comply with this section does not effect the validity of the 20
exercise of the power. 21
Subdivision 2--Power to enter places 22
to enter places 23
Power
89.(1) An authorised officer may enter a place if-- 24
(a) its occupier consents to the entry; or 25
(b) it is a public place and the entry is made when it is open to the 26
public; or 27
s 90 49 s 90
Food Production (Safety)
(c) the entry is authorised by a warrant; or 1
(d) the authorised officer enters the place under section 116(2).6 2
(2) For the purpose of asking the occupier of a place for consent to enter, 3
an authorised officer may, without the occupier's consent or a warrant-- 4
(a) enter land around premises at the place to an extent that is 5
reasonable to contact the occupier; or 6
(b) enter part of the place the authorised officer reasonably considers 7
members of the public ordinarily are allowed to enter when they 8
wish to contact the occupier. 9
3--Procedure for entry 10
Subdivision
with consent 11
Entry
90.(1) This section applies if an authorised officer intends to ask an 12
occupier of a place to consent to the authorised officer or another authorised 13
officer entering the place under section 89(1)(a). 14
(2) Before asking for the consent, the authorised officer must tell the 15
occupier-- 16
(a) the purpose of the entry; and 17
(b) that the occupier is not required to consent. 18
(3) If the consent is given, the authorised officer may ask the occupier to 19
sign an acknowledgment of the consent. 20
(4) The acknowledgment must state-- 21
(a) the occupier has been told-- 22
(i) the purpose of the entry; and 23
(ii) that the occupier is not required to consent; and 24
(b) the purpose of the entry; and 25
(c) the occupier gives the authorised officer consent to enter the place 26
and exercise powers under this division; and 27
6 Section 116 (Emergency powers)
s 91 50 s 92
Food Production (Safety)
(d) the time and date the consent was given. 1
(5) If the occupier signs the acknowledgment, the authorised officer must 2
immediately give a copy to the occupier. 3
(6) A court must find the occupier of a place did not consent to an 4
authorised officer entering the place under this division if-- 5
(a) an issue arises in a proceeding before the court whether the 6
occupier of the place consented to the entry under 7
section 89(1)(a); and 8
(b) an acknowledgment mentioned in subsection (4) is not produced 9
in evidence for the entry; and 10
(c) it is not proved by the person relying on the lawfulness of the 11
entry that the occupier consented to the entry. 12
for warrant 13
Application
91.(1) An authorised officer may apply to a magistrate for a warrant for a 14
place. 15
(2) The application must be sworn and state the grounds on which the 16
warrant is sought. 17
(3) The magistrate may refuse to consider the application until the 18
authorised officer gives the magistrate all the information the magistrate 19
requires about the application in the way the magistrate requires. 20
21
Example--
22
The magistrate may require additional information supporting the application to be
23
given by statutory declaration.
of warrant 24
Issue
92.(1) The magistrate may issue a warrant only if the magistrate is 25
satisfied there are reasonable grounds for suspecting-- 26
(a) there is a particular thing or activity (the "evidence") that may 27
provide evidence of an offence against this Act; and 28
(b) the evidence is at the place, or, within the next 7 days, may be at 29
the place. 30
s 93 51 s 93
Food Production (Safety)
(2) The warrant must state-- 1
(a) that a stated authorised officer may, with necessary and 2
reasonable help and force-- 3
(i) enter the place and any other place necessary for the entry; 4
and 5
(ii) exercise the authorised officer's powers under this division; 6
and 7
(b) the offence for which the warrant is sought; and 8
(c) the evidence that may be seized under the warrant; and 9
(d) the hours of the day or night when the place may be entered; and 10
(e) the date, within 14 days after the warrant's issue, the warrant 11
ends. 12
warrants 13
Special
93.(1) An authorised officer may apply for a warrant (a "special 14
warrant") by phone, fax, radio or another form of communication if the 15
authorised officer considers it necessary because of-- 16
(a) urgent circumstances; or 17
(b) other special circumstances, including, for example, the 18
authorised officer's remote location. 19
(2) Before applying for the special warrant, the authorised officer must 20
prepare an application stating the grounds on which the warrant is sought. 21
(3) The authorised officer may apply for the special warrant before the 22
application is sworn. 23
(4) After issuing the special warrant, the magistrate must promptly fax a 24
copy (a "facsimile warrant") to the authorised officer if it is reasonably 25
practicable to fax the copy. 26
(5) If it is not reasonably practicable to fax a copy to the authorised 27
officer-- 28
(a) the magistrate must tell the authorised officer-- 29
(i) what the terms of the special warrant are; and 30
s 94 52 s 94
Food Production (Safety)
(ii) the date and time the special warrant is issued; and 1
(b) the authorised officer must complete a form of warrant (a 2
"warrant form") and write on it-- 3
(i) the magistrate's name; and 4
(ii) the date and time the magistrate issued the special warrant; 5
and 6
(iii) the terms of the special warrant. 7
(6) The facsimile warrant, or the warrant form properly completed by the 8
authorised officer, authorises the entry and the exercise of the other powers 9
stated in the special warrant issued. 10
(7) The authorised officer must, at the first reasonable opportunity, send 11
to the magistrate-- 12
(a) the sworn application; and 13
(b) if the authorised officer completed a warrant form--the 14
completed warrant form. 15
(8) On receiving the documents, the magistrate must attach them to the 16
special warrant. 17
(9) A court must find the exercise of the power by an authorised officer 18
was not authorised by a special warrant if-- 19
(a) an issue arises in a proceeding before the court whether the 20
exercise of the power was authorised by a special warrant; and 21
(b) the warrant is not produced in evidence; and 22
(c) it is not proved by the person relying on the lawfulness of the 23
entry that the authorised officer obtained the warrant. 24
before entry 25
Warrants--procedure
94.(1) This section applies if an authorised officer named in a warrant 26
issued under this division for a place is intending to enter the place under the 27
warrant. 28
(2) Before entering the place, the authorised officer must do or make a 29
reasonable attempt to do the following things-- 30
s 95 53 s 95
Food Production (Safety)
(a) comply with section 88(1);7 1
(b) give the person a copy of the warrant or, if the entry is authorised 2
by a facsimile warrant or warrant form mentioned in 3
section 93(6), a copy of the facsimile warrant or warrant form; 4
(c) tell the person the authorised officer is permitted by the warrant to 5
enter the place; 6
(d) give the person an opportunity to allow the authorised officer 7
immediate entry to the place without using force. 8
(3) However, the authorised officer need not comply with subsection (2) 9
if the authorised officer reasonably believes that immediate entry to the place 10
is required to ensure the effective execution of the warrant is not frustrated. 11
4--Powers after entering a place 12
Subdivision
powers after entering places 13
General
95.(1) This section applies to an authorised officer who enters a place. 14
(2) However, if an authorised officer enters a place to get the occupier's 15
consent to enter the place, this section applies to the authorised officer only 16
if the consent is given or the entry is otherwise authorised. 17
(3) For monitoring or enforcing compliance with this Act, the authorised 18
officer may-- 19
(a) search any part of the place; or 20
(b) inspect, measure, test, photograph or film any part of the place or 21
anything at the place; or 22
(c) take a thing, or a sample of or from a thing, at the place for 23
analysis or testing; or 24
(d) copy a document at the place; or 25
(e) take into or onto the place any person, equipment and materials 26
the authorised officer reasonably requires for the exercise of a 27
power under this division; or 28
7 Section 88 (Production or display of identity card)
s 96 54 s 98
Food Production (Safety)
(f) require the occupier of the place, or a person at the place, to give 1
the authorised officer reasonable help to exercise the authorised 2
officer's powers under paragraphs (a) to (e); or 3
(g) require the occupier of a place, or a person at the place, to give the 4
authorised officer information to help the authorised officer 5
ascertain whether the Act is being complied with. 6
(4) When making a requirement mentioned in subsection (3)(f) or (g), 7
the authorised officer must warn the person it is an offence to fail to comply 8
with the requirement, unless the person has a reasonable excuse. 9
to help authorised officer 10
Failure
96.(1) A person required to give reasonable help under section 95(3)(f) 11
must comply with the requirement, unless the person has a reasonable 12
excuse. 13
Maximum penalty--50 penalty units. 14
(2) A person has a reasonable excuse if complying with the requirement 15
might tend to incriminate the person. 16
to give information 17
Failure
97.(1) A person required to give information under section 95(3)(g) must 18
comply with the requirement, unless the person has a reasonable excuse. 19
Maximum penalty--50 penalty units. 20
(2) A person has a reasonable excuse if complying with the requirement 21
might tend to incriminate the person. 22
5--Power to seize evidence 23
Subdivision
for sdiv 5 24
Definition
98. In this subdivision-- 25
"owner", of a seized thing, includes the person entitled to possession of it. 26
s 99 55 s 100
Food Production (Safety)
evidence 1
Seizing
99.(1) This section applies if-- 2
(a) an authorised officer-- 3
(i) is authorised to enter a place under this division only with the 4
consent of the occupier or a warrant; and 5
(ii) the authorised officer enters the place after obtaining the 6
necessary consent or warrant; or 7
(b) the authorised officer enters the place under section 116(2).8 8
(2) If the authorised officer enters the place with the occupier's consent, 9
the authorised officer may seize a thing at the place if-- 10
(a) the authorised officer reasonably believes the thing is evidence of 11
an offence against this Act; and 12
(b) seizure of the thing is consistent with the purpose of entry as told 13
to the occupier when asking for the occupier's consent. 14
(3) If the authorised officer enters the place with a warrant, the authorised 15
officer may seize the evidence for which the warrant was issued. 16
(4) The authorised officer may seize anything else at the place if the 17
authorised officer reasonably believes-- 18
(a) the thing is evidence of an offence against this Act; and 19
(b) the seizure is necessary to prevent the thing being-- 20
(i) hidden, lost or destroyed; or 21
(ii) used to continue, or repeat, the offence. 22
(5) Also, the authorised officer may seize a thing at the place if the 23
authorised officer reasonably believes it has just been used in committing an 24
offence against this Act. 25
seized things 26
Securing
100. Having seized a thing, an authorised officer may-- 27
8 Section 116 (Emergency powers)
s 101 56 s 102
Food Production (Safety)
(a) move the thing from the place where it was seized (the "place of 1
seizure"); or 2
(b) leave the thing at the place of seizure but take reasonable action to 3
restrict access to it; or 4
(c) if the thing is equipment--make it inoperable. 5
6
Examples of restricting access to a thing--
7
1. Sealing a thing and marking it to show access to it is restricted.
8
2. Sealing the entrance to a place where the thing is situated and marking it to
9
show access to it is restricted.
10
Example of making equipment inoperable--
11
Dismantling equipment or removing a component of equipment without which the
12
equipment is not capable of being used.
with seized things 13
Tampering
101.(1) If an authorised officer restricts access to a seized thing, a person 14
must not tamper with the thing, or something restricting access to the thing, 15
without an authorised officer's approval. 16
Maximum penalty--100 penalty units. 17
(2) If an authorised officer makes seized equipment inoperable, a person 18
must not tamper with the equipment, without an authorised officer's 19
approval. 20
Maximum penalty--100 penalty units. 21
(3) In this section-- 22
"tamper" includes attempt to tamper. 23
to support seizure 24
Powers
102.(1) To enable a thing to be seized, an authorised officer may require 25
the person in control of it-- 26
(a) to take it to a stated reasonable place by a stated reasonable time; 27
and 28
(b) if necessary, to remain in control of it at the stated place for a 29
stated reasonable period. 30
s 103 57 s 104
Food Production (Safety)
(2) The requirement-- 1
(a) must be made by notice in the approved form; or 2
(b) if for any reason it is not practicable to give the notice, may be 3
made orally and confirmed by a notice in the approved form as 4
soon as practicable. 5
(3) A further requirement may be made under this section about the thing 6
if it is necessary and reasonable to make the further requirement. 7
(4) A person of whom a requirement is made under subsection (1) or (3) 8
must comply with the requirement, unless the person has a reasonable 9
excuse. 10
Maximum penalty for subsection (4)--50 penalty units. 11
for seized things 12
Receipts
103.(1) As soon as practicable after an authorised officer seizes a thing, 13
the authorised officer must give a receipt for it to the person from whom it 14
was seized. 15
(2) However, if for any reason it is not practicable to comply with 16
subsection (1), the authorised officer must leave the receipt at the place of 17
seizure in a conspicuous position and in a reasonably secure way. 18
(3) The receipt must describe generally each thing seized and its 19
condition. 20
(4) This section does not apply to a thing if it is impracticable, or would 21
be unreasonable, to give the receipt, having regard to the thing's nature, 22
condition and value. 23
officer may dispose of seized primary produce 24
Authorised
104.(1) This section applies to primary produce seized under section 99 9 25
if an authorised officer believes on reasonable grounds that the primary 26
produce poses a health risk to any person or animal, or is otherwise unfit for 27
consumption or sale. 28
9 Section 99 (Seizing evidence)
s 105 58 s 105
Food Production (Safety)
(2) The authorised officer may, with the chief executive officer's 1
approval, destroy or dispose of the primary produce in a way decided by the 2
authorised officer. 3
(3) If the authorised officer destroys or disposes of primary produce 4
under subsection (2), the officer must give the owner of the primary 5
produce a notice stating-- 6
(a) the primary produce has been destroyed or disposed of; and 7
(b) the reason for the destruction or disposal; and 8
(c) that the owner may claim compensation under section 121 for 9
loss or damage caused by the destruction or disposal. 10
by authorised officer 11
Forfeiture
105.(1) A thing that has been seized under this subdivision is forfeited to 12
Safe Food if the authorised officer who seized the thing-- 13
(a) can not find its owner, after making reasonable inquiries; or 14
(b) can not return it to its owner, after making reasonable efforts. 15
(2) In applying subsection (1)-- 16
(a) subsection (1)(a) does not require the authorised officer to make 17
inquiries if it would be unreasonable to make inquiries to find the 18
owner; and 19
(b) subsection (1)(b) does not require the authorised officer to make 20
efforts if it would be unreasonable to make efforts to return the 21
thing to its owner. 22
23
Example for paragraph (b)--
24
The owner of the thing has migrated to another country.
(3) Regard must be had to a thing's nature, condition and value in 25
deciding-- 26
(a) whether it is reasonable to make inquiries or efforts; and 27
(b) if making inquiries or efforts, what inquiries or efforts, including 28
the period over which they are made, are reasonable. 29
s 106 59 s 109
Food Production (Safety)
on conviction 1
Forfeiture
106.(1) On conviction of a person for an offence against this Act, the 2
court may order the forfeiture to Safe Food of anything owned by the 3
person and seized under this subdivision. 4
(2) The court may make any order to enforce the forfeiture it considers 5
appropriate. 6
(3) This section does not limit the court's powers under the Penalties and 7
Sentences Act 1992 or another law. 8
with forfeited things 9
Dealing
107.(1) On forfeiture of a thing to Safe Food, the thing becomes Safe 10
Food's property and may be dealt with by Safe Food as it considers 11
appropriate. 12
(2) Without limiting subsection (1), Safe Food may destroy or dispose of 13
the thing. 14
costs of destruction or disposal 15
Recovering
108. Any reasonable cost or expense incurred by Safe Food in destroying 16
or disposing of a thing under this division is a debt owing to Safe Food 17
by-- 18
(a) if the thing is destroyed or disposed of under section 104(2)--the 19
owner of the thing immediately before its seizure; and 20
(b) if the thing is destroyed or disposed of under section 107--the 21
owner of the thing immediately before its forfeiture. 22
of seized things 23
Return
109.(1) If a seized thing is not forfeited, or destroyed or disposed of 24
under section 104(2),10 the authorised officer must return it to its owner-- 25
(a) at the end of 6 months; or 26
(b) if a proceeding for an offence involving the thing is started within 27
10 Section 104 (Authorised officer may dispose of seized primary produce)
s 110 60 s 111
Food Production (Safety)
6 months--at the end of the proceeding and any appeal from the 1
proceeding. 2
(2) Despite subsection (1), unless the thing is forfeited, or destroyed or 3
disposed of under section 104(2), the authorised officer must immediately 4
return a thing seized to its owner if the authorised officer stops being 5
satisfied-- 6
(a) its continued retention as evidence is necessary; or 7
(b) its continued retention is necessary to prevent the thing being used 8
to continue, or repeat, the offence. 9
to seized things 10
Access
110.(1) Until a seized thing is forfeited, destroyed or disposed of under 11
section 104(2) or returned, an authorised officer must allow its owner to 12
inspect it and, if it is a document, to copy it. 13
(2) Subsection (1) does not apply if it is impracticable, or would be 14
unreasonable, to allow the inspection or copying. 15
Subdivision 6--Power to obtain information 16
to require name and address 17
Power
111.(1) This section applies if-- 18
(a) an authorised officer finds a person committing an offence against 19
this Act; or 20
(b) an authorised officer finds a person in circumstances that lead, or 21
has information that leads, the authorised officer to reasonably 22
suspect the person has just committed an offence against this Act. 23
(2) The authorised officer may require the person to state the person's 24
name and residential address. 25
(3) When making the requirement, the authorised officer must warn the 26
person it is an offence to fail to state the person's name or residential 27
address, unless the person has a reasonable excuse. 28
(4) The authorised officer may require the person to give evidence of the 29
s 112 61 s 114
Food Production (Safety)
correctness of the stated name or residential address if the authorised officer 1
reasonably suspects the stated name or address to be false. 2
to give name or address 3
Failure
112.(1) A person of whom a requirement is made under section 111 4
must comply with the requirement, unless the person has a reasonable 5
excuse. 6
Maximum penalty--50 penalty units. 7
(2) A person does not commit an offence against subsection (1) if-- 8
(a) the person was required to state the person's name and residential 9
address by an authorised officer who suspected the person had 10
committed an offence against this Act; and 11
(b) the person is not proved to have committed the offence. 12
to require information 13
Power
113.(1) This section applies if an authorised officer reasonably believes-- 14
(a) an offence against this Act has been committed; and 15
(b) a person may be able to give information about the offence. 16
(2) The authorised officer may, by notice given to the person, require the 17
person to give information about the offence to the authorised officer at a 18
stated reasonable place and at a stated reasonable time. 19
(3) The person must comply with a requirement under subsection (2), 20
unless the person has a reasonable excuse. 21
Maximum penalty--50 penalty units. 22
(4) It is a reasonable excuse for an person not to give information if 23
giving the information may tend to incriminate the person. 24
to require production of documents 25
Power
114.(1) An authorised officer may require a person to make available for 26
inspection by an authorised officer, or produce to the authorised officer for 27
inspection, at a reasonable time and place nominated by the authorised 28
s 115 62 s 116
Food Production (Safety)
officer, a document required to be kept by the person under this Act. 1
(2) The authorised officer may keep the document to copy it. 2
(3) If the authorised officer copies a document mentioned in 3
subsection (1), or an entry in the document, the authorised officer may 4
require the person responsible for keeping the document to certify the copy 5
as a true copy of the document or entry. 6
(4) The authorised officer must return the document to the person as 7
soon as practicable after copying it. 8
to produce documents 9
Failure
115.(1) A person required to make available, or produce, for inspection a 10
document under section 114(1) must comply with the requirement, unless 11
the person has a reasonable excuse. 12
Maximum penalty--50 penalty units. 13
(2) A person has a reasonable excuse if complying with the requirement 14
might tend to incriminate the person. 15
Subdivision 7--Emergency powers of authorised officers 16
powers 17
Emergency
116.(1) This section applies if an authorised officer is satisfied on 18
reasonable grounds-- 19
(a) the production of primary produce is being carried out at a place, 20
other than a place, or part of a place, used only for residential 21
purposes; and 22
(b) it is necessary to exercise powers under this section to avoid an 23
imminent risk of death or serious illness of any person from the 24
primary produce. 25
(2) The authorised officer may, without a warrant or the consent of the 26
occupier of the place, enter the place. 27
(3) Before entering the place, the authorised officer must do or make a 28
reasonable attempt to do the following things-- 29
s 116 63 s 116
Food Production (Safety)
(a) comply with section 88(1);11 1
(b) tell the person the authorised officer is permitted under this Act to 2
enter the place; 3
(c) give the person an opportunity to allow the authorised officer 4
immediate entry to the place without using force. 5
(4) However, the authorised officer need not comply with subsection (3) 6
if the authorised officer reasonably believes that immediate entry to the place 7
is required to avoid an imminent risk of death or serious illness of any 8
person. 9
(5) Also, the authorised officer may in relation to the primary produce-- 10
(a) direct a person at the place to take stated reasonable steps within a 11
stated reasonable period in relation to the primary produce; or 12
(b) take the reasonable steps; or 13
(c) authorise another person to take the reasonable steps. 14
(6) The direction may be given orally or by written notice. 15
(7) However, if the direction is given orally, the authorised officer must 16
as soon as practicable confirm the direction by written notice given to the 17
person. 18
(8) When giving the direction under subsection (5)(a), the authorised 19
officer must warn the person it is an offence not to comply with the 20
direction unless the person has a reasonable excuse. 21
(9) If the authorised officer takes the steps, the officer may also exercise 22
any of the powers of an authorised officer under this division. 23
(10) The authorised officer may exercise the powers mentioned in 24
subsections (2), (5)(b) and (9) (the "emergency powers") with the help, 25
and using the force, that is necessary and reasonable in the circumstances. 26
(11) In exercising or attempting to exercise emergency powers, an 27
authorised officer must take all reasonable steps to ensure the officer causes 28
as little inconvenience to any person at the place, and does as little damage, 29
as is practicable in the circumstances. 30
(12) This section does not limit any power an authorised officer has apart 31
11 Section 88 (Production or display of identity card)
s 117 64 s 118
Food Production (Safety)
from this section. 1
(13) If an authorised officer authorises a person to take steps under 2
subsection (5)(c)-- 3
(a) the person may exercise the powers mentioned in subsection (9); 4
and 5
(b) the authorised officer must inform the person-- 6
(i) of the steps the person is authorised to take; and 7
(ii) of the person's powers under this section. 8
to comply with authorised person's directions in emergency 9
Failure
117. A person to whom a direction is given under section 116(5)(a) must 10
comply with the direction unless the person has a reasonable excuse. 11
Maximum penalty--300 penalty units. 12
8--Power to require compliance 13
Subdivision
notice 14
Compliance
118.(1) This section applies if an authorised officer reasonably believes a 15
person-- 16
(a) is committing an offence against this Act; or 17
(b) has committed an offence against this Act. 18
(2) The authorised officer may give the person a notice (a "compliance 19
notice") requiring the person to-- 20
(a) stop committing the offence; or 21
(b) stop committing the offence and rectify the matter; or 22
(c) rectify the matter. 23
(3) The compliance notice must state-- 24
(a) that the authorised officer believes the person-- 25
(i) is committing an offence against this Act; or 26
s 119 65 s 119
Food Production (Safety)
(ii) has committed an offence against this Act; and 1
(b) the offence the authorised officer believes is being, or has been, 2
committed; and 3
(c) briefly, how it is believed the offence is being, or has been 4
committed; and 5
(d) if the notice requires the person to rectify a matter-- 6
(i) the matter the authorised officer believes is reasonably 7
capable of being rectified; and 8
(ii) the reasonable steps the person must take to rectify the 9
matter; and 10
(iii) the stated reasonable period in which the person must take 11
the steps. 12
(4) The person must comply with the compliance notice unless the 13
person has a reasonable excuse. 14
Maximum penalty--300 penalty units. 15
(5) If the person does, or does not do, something in contravention of the 16
compliance notice, the authorised officer may take any reasonable action to 17
stop the contravention. 18
(6) Any reasonable cost or expense incurred by the authorised officer in 19
doing anything under subsection (5) may be recovered as a debt owing to 20
Safe Food by the person if the person is convicted of the offence mentioned 21
in subsection (3)(b). 22
(7) If the compliance notice requires the person to rectify a matter relating 23
to an offence against this Act, the person can not be prosecuted for the 24
offence if the person rectifies the matter within the period stated in the 25
notice. 26
Division 2--Other enforcement provisions 27
orders 28
Restraining
119.(1) Safe Food may bring a proceeding in the District Court for an 29
order to restrain a person from continuing or repeating a particular activity. 30
s 120 66 s 121
Food Production (Safety)
(2) The court may make an order under subsection (1) if satisfied-- 1
(a) the person will commit an offence against this Act if the person 2
continues or repeats the activity; and 3
(b) the activity may adversely affect the health of persons or animals. 4
(3) If a person fails to comply with an order under this section, the 5
person commits an offence against this subsection. 6
Maximum penalty for subsection (3)--1 000 penalty units. 7
of damage 8
Notice
120.(1) This section applies if-- 9
(a) an authorised officer damages property when exercising or 10
purporting to exercise a power; or 11
(b) a person (the "other person") acting under the direction or 12
authority of an authorised officer damages property. 13
(2) The authorised officer must immediately give notice of particulars of 14
the damage to the person who appears to the authorised officer to be the 15
owner of the property. 16
(3) If the authorised officer believes the damage was caused by a latent 17
defect in the property or circumstances beyond the authorised officer's, or 18
other person's, control, the authorised officer may state the belief in the 19
notice. 20
(4) If, for any reason, it is impracticable to comply with subsection (2), 21
the authorised officer must leave the notice in a conspicuous position and in 22
a reasonably secure way where the damage happened. 23
(5) This section does not apply to damage the authorised officer 24
reasonably believes is trivial. 25
(6) In this section-- 26
"owner", of property, includes the person in possession or control of it. 27
28
Compensation
121.(1) A person may claim compensation from Safe Food if the person 29
s 122 67 s 123
Food Production (Safety)
incurs loss or damage because of the exercise or purported exercise of a 1
power under this part. 2
(2) Without limiting subsection (1), compensation may be claimed for 3
loss or damage incurred in complying with a requirement made of the 4
person under this part. 5
(3) Compensation may be claimed and ordered to be paid in a 6
proceeding-- 7
(a) brought in a court with jurisdiction for the recovery of the amount 8
of compensation claimed; or 9
(b) for an offence against this Act brought against the person 10
claiming compensation. 11
(4) A court may order compensation to be paid only if satisfied it is just 12
to make the order in the circumstances of the particular case. 13
Division 3--Offences 14
or misleading statements 15
False
122.(1) A person must not state anything to an authorised officer that the 16
person knows is false or misleading in a material particular. 17
Maximum penalty--60 penalty units. 18
(2) In a proceeding for an offence against subsection (1), it is enough to 19
state that the statement made was, without specifying which, false or 20
misleading. 21
or misleading documents 22
False
123.(1) A person must not give an authorised officer a document 23
containing information that the person knows is false or misleading in a 24
material particular. 25
Maximum penalty--60 penalty units. 26
(2) In a proceeding for an offence against subsection (1), it is enough to 27
state that the document was, without specifying which, false or misleading. 28
s 124 68 s 126
Food Production (Safety)
an authorised officer 1
Obstructing
124.(1) A person must not obstruct an authorised officer in the exercise 2
of a power, unless the person has a reasonable excuse. 3
Maximum penalty--60 penalty units. 4
(2) If a person has obstructed an authorised officer and the authorised 5
officer decides to proceed with the exercise of the power, the authorised 6
officer must warn the person that-- 7
(a) it is an offence to obstruct the authorised officer, unless the person 8
has a reasonable excuse; and 9
(b) the authorised officer considers the person's conduct an 10
obstruction. 11
(3) In this section-- 12
"obstruct" includes assault, hinder and threaten, and attempt to obstruct. 13
of authorised officer 14
Impersonation
125. A person must not pretend to be an authorised officer. 15
Maximum penalty--80 penalty units. 16
ART 9--APPEALS 17
P
may appeal 18
Who
126. The following persons (an "appellant") may appeal to a 19
Magistrates Court under this part against the decisions mentioned in relation 20
to the person-- 21
(a) a person whose application for accreditation, or renewal of an 22
accreditation, under part 5 has been granted subject to a condition 23
or refused; 24
(b) a person whose accreditation is amended, suspended or cancelled 25
under section 53(4); 26
s 127 69 s 128
Food Production (Safety)
(c) a person whose application for approval, or renewal of an 1
approval, as an auditor under part 6 has been granted subject to a 2
condition or refused; 3
(d) a person whose approval as an auditor is amended, suspended or 4
cancelled under section 68(4).12 5
appeal 6
Starting
127.(1) An appeal is started by-- 7
(a) filing a written notice of appeal with the clerk of a Magistrates 8
Court; and 9
(b) giving a copy of the notice to Safe Food. 10
(2) The notice must be filed within 28 days after the appellant receives 11
notice of the decision appealed against. 12
(3) The court may at any time extend the period for filing the notice of 13
appeal. 14
of operation of decisions 15
Stay
128.(1) The Magistrates Court may stay a decision appealed against to 16
secure the effectiveness of the appeal. 17
(2) A stay-- 18
(a) may be given on conditions the court considers appropriate; and 19
(b) has effect for the period fixed by the court; and 20
(c) may be revoked or amended by the court. 21
(3) The period of the stay must not extend past the time when the court 22
decides the appeal. 23
(4) The appeal affects the decision or carrying out of the decision only if 24
the decision is stayed. 25
12 Sections 53 (Amendment, suspension or cancellation--procedure) and 68
(Amendment, suspension or cancellation--procedure)
s 129 70 s 131
Food Production (Safety)
procedures 1
Hearing
129.(1) The procedure for an appeal to the Magistrates Court is to be 2
under-- 3
(a) the rules of court applicable to the appeal; or 4
(b) in the absence of relevant rules--directions of the court. 5
(2) The appeal is by way of rehearing. 6
(3) In deciding the appeal, the court-- 7
(a) is not bound by the rules of evidence; and 8
(b) must observe natural justice. 9
of court on appeal 10
Powers
130.(1) In deciding an appeal, the Magistrates Court may-- 11
(a) confirm the decision appealed against; or 12
(b) vary the decision; or 13
(c) set aside the decision and substitute another decision; or 14
(d) set aside the decision and return the matter to Safe Food with 15
directions the court considers appropriate. 16
(2) The decision as varied or substituted may be any decision that Safe 17
Food may make. 18
(3) If the court substitutes another decision, the substituted decision is, 19
for the purposes of this Act other than this part, taken to be the decision of 20
Safe Food. 21
(4) The court may make an order for costs it considers appropriate. 22
to District Court on questions of law only 23
Appeal
131.(1) A party dissatisfied by the decision of the Magistrates Court may 24
appeal to the District Court, but only on a question of law. 25
(2) On hearing the appeal, the District Court may make an order for costs 26
it considers appropriate. 27
s 132 71 s 135
Food Production (Safety)
ART 10--MISCELLANEOUS 1
P
of Act 2
Review
132.(1) The Minister must review this Act within 6 years after the date of 3
assent to decide whether the provisions remain appropriate. 4
(2) The Minister must, as soon as practicable after finishing the review, 5
table a report about the outcome of the review in the Legislative Assembly. 6
authorised persons and other persons from liability 7
Protecting
133.(1) An authorised officer or a person acting under direction of an 8
authorised officer is not civilly liable for an act done, or an omission made, 9
honestly and without negligence under this Act. 10
(2) If subsection (1) prevents a civil liability from attaching to a person, 11
the liability instead attaches to Safe Food. 12
proceedings for offences 13
Summary
134.(1) A proceeding for an offence against this Act is to be taken in a 14
summary way under the Justices Act 1886. 15
(2) The proceeding must start-- 16
(a) within 1 year after the offence is committed; or 17
(b) within 6 months after the commission of the offence comes to the 18
complainant's knowledge, but within 2 years after the 19
commission of the offence. 20
power 21
Regulation-making
135.(1) The Governor in Council may make regulations under this Act. 22
(2) Without limiting subsection (1), a regulation may be made about any 23
matter for which provision may be made by a food safety scheme. 24
(3) A regulation may impose a penalty of not more than 50 penalty units 25
for a contravention of a provision of a regulation. 26
s 136 72 s 139
Food Production (Safety)
ART 11--TRANSITIONAL PROVISIONS 1
P
for pt 8 2
Definitions
136. In this part-- 3
"commencement" means the commencement of the section in which it 4
appears. 5
"Queensland Livestock and Meat Authority" means the Queensland 6
Livestock and Meat Authority established under the Meat Industry Act 7
1993. 8
of Queensland Livestock and Meat Authority 9
Dissolution
137.(1) On the commencement-- 10
(a) the Queensland Livestock and Meat Authority is dissolved; and 11
(b) the administrator of the Queensland Livestock and Meat 12
Authority appointed under the Meat Industry Act 1993, part 7A, 13
goes out of office. 14
(2) No compensation is payable to the administrator because of 15
subsection (1)(b). 16
of assets and liabilities 17
Transfer
138. The assets and liabilities of the Queensland Livestock and Meat 18
Authority are transferred to Safe Food and become assets and liabilities of 19
Safe Food. 20
becomes chief executive officer of Safe Food 21
Administrator
139.(1) The administrator of the Queensland Livestock and Meat 22
Authority immediately before the commencement becomes the chief 23
executive officer of Safe Food. 24
(2) The administrator-- 25
(a) is taken to be appointed as the chief executive officer by the 26
s 140 73 s 140
Food Production (Safety)
Minister under section 18(1);13 and 1
(b) holds office on the conditions not provided for by this Act that are 2
decided by the Minister. 3
(3) The term of the appointment ends on 2 November 2000. 4
5
Employees
140.(1) A person employed by the Queensland Livestock and Meat 6
Authority (the "former employer") immediately before the 7
commencement becomes an employee of Safe Food. 8
(2) Subsection (1) does not-- 9
(a) constitute a redundancy or retrenchment of the person's 10
employment by the former employer; or 11
(b) entitle the person to a benefit or payment merely because the 12
person is no longer employed by the former employer; or 13
(c) interrupt the person's continuity of service. 14
(3) For the Industrial Relations Act, the person's period of employment 15
with the former employer is taken to be an equivalent period of employment 16
with Safe Food. 17
(4) Subject to the Industrial Relations Act, the person has the same 18
employment rights against Safe Food that the person had against the former 19
employer immediately before the commencement. 20
(5) If an industrial instrument under the Industrial Relations Act bound 21
the person and the former employer immediately before the 22
commencement, it binds the person and Safe Food. 23
(6) In this section-- 24
"employment rights" includes existing and accruing rights to-- 25
(a) remuneration; and 26
(b) recreation, long service, sick or other leave; and 27
13 Section 18 (Appointment of chief executive officer)
s 141 74 s 144
Food Production (Safety)
(c) superannuation or other benefits and entitlements. 1
"Industrial Relations Act" means the Industrial Relations Act 1999. 2
ART 12--REPEAL AND AMENDMENT OF ACTS 3
P
1--Repeal of Dairy Industry Act 1993 4
Division
5
Repeal
141. The Dairy Industry Act 1993 is repealed. 6
Division 2--Amendment of Agricultural Standards Act 1994 7
amended in div 2 8
Act
142. This division amends the Agricultural Standards Act 1994. 9
of s 74 (Review of Act) 10
Amendment
143.(1) Section 74(2), `5 years'-- 11
omit, insert-- 12
`7 years'. 13
(2) Section 74(3), `5 year'-- 14
omit, insert-- 15
`7 year'. 16
Division 3--Amendment of Meat Industry Act 1993 17
amended in div 3 18
Act
144. This division amends the Meat Industry Act 1993. 19
s 145 75 s 148
Food Production (Safety)
of s 3 (Objectives of Act) 1
Replacement
145. Section 3-- 2
omit, insert-- 3
objective 4
`Main
`3. The main objective of this Act is to ensure the wholesomeness and 5
integrity of meat are maintained.'. 6
of s 4 (Definitions) 7
Amendment
146. Section 4, definition, "authority"-- 8
omit, insert-- 9
` "authority" means-- 10
(a) before the commencement of section 166A14--the former 11
Queensland Livestock and Meat Authority established under this 12
Act; or 13
(b) on or after the commencement of section 166A--Safe Food 14
Production QLD established under the Food Production (Safety) 15
Act 2000.'. 16
of pt 2 (Ministerial advisory bodies) 17
Omission
147. Part 2-- 18
omit. 19
of pt 3, div 1 (Establishment of authority) 20
Omission
148. Part 3, division 1-- 21
omit. 22
14 Section 166A (Safe Food taken to be the authority)
s 149 76 s 154
Food Production (Safety)
of s 24 (Functions) 1
Amendment
149. Section 24(3)-- 2
omit, insert-- 3
`(3) The authority must also perform other functions given to it under 4
this Act or another Act.'. 5
of pt 3, divs 35 6
Omission
150. Part 3, divisions 3 to 5-- 7
omit. 8
of pt 3, div 6 (Staff) 9
Amendment
151.(1) Part 3, division 6, heading-- 10
omit, insert-- 11
`Division 6--Chief meat officer'. 12
of ss 3940 13
Omission
152. Sections 39 and 40-- 14
omit. 15
of s 41 (Chief meat officer) 16
Amendment
153. Section 41(1), `also'-- 17
omit. 18
of s 42 (Acting chief meat officer) 19
Omission
154. Section 42-- 20
omit. 21
s 155 77 s 159
Food Production (Safety)
of ss 4345 1
Omission
155. Sections 43 to 45-- 2
omit. 3
of s 47 (Parliamentary Commissioner Act 1974 not to apply 4
Omission
to certain decisions) 5
156. Section 47-- 6
omit. 7
of s 70 (Standards) 8
Amendment
157. Section 70(1), `parts 2, 6 and 7'-- 9
omit, insert-- 10
`parts 6 and 7'. 11
of s 163 (Review of Act) 12
Omission
158. Section 163-- 13
omit. 14
of new pt 8A 15
Insertion
159. After section 166-- 16
insert-- 17
`PART 8A--TRANSITIONAL PROVISIONS FOR 18
FOOD PRODUCTION (SAFETY) ACT 2000 19
Food taken to be the authority 20
`Safe
`166A.(1) On the commencement of this section, Safe Food stands in the 21
place of the former Queensland Livestock and Meat Authority for all 22
purposes of this Act. 23
`(2) A reference in this Act, another Act or a document, to the authority 24
s 160 78 s 160
Food Production (Safety)
must, if the context permits, be taken to be a reference to Safe Food. 1
`(3) In this section-- 2
"Safe Food" means Safe Food Production QLD established under the 3
Food Production (Safety) Act 2000. 4
continues in office 5
`Administrator
`166B.(1) This section applies despite the expiry of part 7A.15 6
`(2) For all purposes of this Act, the person appointed as the 7
administrator under part 7A is taken to have continued to be the authority 8
from the expiry of the part. 9
`(3) The administrator must, within 28 days after the commencement of 10
this section, give the Minister a final report on the administration, including 11
details of any directions given by the Minister to the administrator. 12
`(4) The Minister must table the report in the Legislative Assembly 13
within 14 sitting days after receiving it.'. 14
of s 167 (Expiry of Act) 15
Amendment
160. Section 167, `1 January 2001'-- 16
omit, insert-- 17
`1 January 2002'. 18
19
15 Part 7A (Administrator) expired on 5 December 1999
79
Food Production (Safety)
SCHEDULE 1
ˇ
DICTIONARY 2
section 7 3
"accreditation" means an accreditation granted under part 5. 4
"advisory committee" see section 25. 5
"approval" means an approval granted under part 6. 6
"auditor" means an individual approved as an auditor under part 6. 7
"authorised officer" means a person appointed as an authorised officer 8
under section 83. 9
"dairy produce" see section 8. 10
"food" means a substance ordinarily consumed, or intended for 11
consumption, by humans or animals. 12
"food safety scheme" means a food safety scheme made under section 39. 13
"holder"-- 14
(a) of an accreditation, means the person to whom the accreditation is 15
granted; or 16
(b) of an approval, means the person to whom the approval is 17
granted. 18
"meat" see section 9. 19
"meat processing" means-- 20
(a) the killing of animals for meat; or 21
(b) anything done to a killed animal, or part of a killed animal, to 22
produce meat; or 23
(c) the preparation or display of meat for retail sale. 24
"owner", for part 8, division 1, subdivision 5, see section 98. 25
80
Food Production (Safety)
SCHEDULE (continued)
"place" includes-- 1
(a) land or premises; and 2
(b) a vehicle. 3
"premises" includes-- 4
(a) a building or structure, or part of a building or structure; and 5
(b) land on which a building or structure is situated. 6
"primary produce" see section 10. 7
"production of primary produce" see section 11. 8
"public place" means a place the public is entitled to use, open to the public 9
or used by the public, whether or not on payment of an amount. 10
"Safe Food" see section 13(1). 11
"seafood" means any of the following intended for human or animal 12
consumption-- 13
(a) marine, estuarine or freshwater fish or other aquatic animals; 14
(b) aquatic plants. 15
"sell" includes the following-- 16
(a) barter or exchange; 17
(b) offer or agree to sell; 18
(c) invite to treat or expose for sale; 19
(d) cause or permit to be sold; 20
(e) supply under a lease, exchange, hiring or other commercial 21
arrangement. 22
"smallgoods" means-- 23
(a) dried meat; or 24
25
Example of `dried meat'--
26
Beef jerky.
81
Food Production (Safety)
SCHEDULE (continued)
(b) uncooked and fermented minced meat products; or 1
2
Example for paragraph (b)--
3
Salami.
(c) cooked offal or minced meat products; or 4
5
Examples for paragraph (c)--
6
1. Chicken liver pâté.
7
2. Luncheon sausage.
(d) cooked whole meat products. 8
9
Example for paragraph (d)--
10
Ham.
(e) bacon. 11
"supply" includes the following-- 12
(a) distribute, give or sell; 13
(b) offer or agree to distribute, give or sell; 14
(c) cause or permit to be distributed, given or sold; 15
(d) attempt to supply or do an act mentioned in paragraphs (a) to (c). 16
"unsafe", for primary produce, means-- 17
(a) if the primary produce is ready for immediate consumption--the 18
primary produce, or food produced by a process involving a 19
substantial change to the primary produce, is likely to cause harm 20
to a person who consumes the primary produce or food if it is 21
prepared, stored or consumed according to its reasonable intended 22
use; or 23
(b) if the primary produce is not ready for immediate 24
consumption--food produced by the production of the primary 25
produce, or another process involving a substantial change to the 26
primary produce, is likely to cause harm to a person who 27
consumes the food if it is prepared, stored or consumed according 28
to its reasonable intended use. 29
82
Food Production (Safety)
SCHEDULE (continued)
"vehicle" means anything used for carrying anything or any person by land, 1
water or air. 2
© State of Queensland 2000
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