FOOD ACT 2006 - As at 1 February 2024 - Act 3 of 2006

Table of Provisions

• Long Title

CHAPTER 1 - PRELIMINARY

PART 1 - INTRODUCTION

• 1 Short title
• 2 Commencement

PART 2 - APPLICATION AND PURPOSES OF ACT

Division 1 - Application

• 3 Act binds all persons
• 4 Exemption from application of Act
• 5 General application of Act to ships
• 6 How Act affects particular rights and remedies
• 7 Act not affected by Food Production (Safety) Act 2000

Division 2 - Purposes of Act

• 8 Main purposes
• 9 How main purposes are primarily achieved

PART 3 - INTERPRETATION

Division 1 - Dictionary and notes in text

• 10 Definitions
• 11 Notes in text

Division 2 - Particular definitions

• 12 Meaning of food
• 13 Meaning of food business
• 14 Meaning of food standards code
• 15 Meaning of handling of food
• 16 Meaning of manufacture
• 17 Meaning of off-site catering
• 18 Meaning of on-site catering
• 19 Meaning of sell
• 20 Meaning of unsafe food
• 21 Meaning of unsuitable food

PART 4 - ROLES OF THE STATE AND LOCAL GOVERNMENTS

• 22 Provisions that are administered only by the State
• 23 Provisions that are administered only by local governments
• 24 Provisions that are administered by both State and local governments
• 25 When State and local governments administer this Act in partnership
• 26 Action by the State if local government does not administer and enforce this Act
• 27 Procedure before taking action under s 26
• 28 State may require report from local government
• 29 Chief executive may give report to local government
• 30 Local laws relating to purposes of Act
• 31 Fees payable to local governments

CHAPTER 2 - OFFENCES RELATING TO FOOD

PART 1 - SERIOUS OFFENCES RELATING TO FOOD

• 32 Handling of food in unsafe way
• 33 Sale of unsafe food
• 34 False description of food

PART 2 - OTHER OFFENCES RELATING TO FOOD

• 35 Handling and sale of unsafe food
• 36 Handling and sale of unsuitable food
• 37 Misleading conduct relating to sale of food
• 38 Sale of unfit equipment or packaging or labelling material
• 39 Compliance with food standards code
• 40 False descriptions of food
• 41 Application of provisions outside the State

PART 3 - DEFENCES

• 42 Defence relating to publication of advertisements
• 43 Defence relating to food for export
• 44 Defence of due diligence
• 45 Disapplication of Criminal Code, ss 23 and 24
• 46 Defence relating to handling food
• 47 Defence relating to sale of unfit equipment or packaging or labelling material

CHAPTER 3 - LICENCES FOR PARTICULAR FOOD BUSINESSES

PART 1 - PRELIMINARY

• 48 Meaning of licensable food business

PART 2 - OFFENCES ABOUT CARRYING ON LICENSABLE FOOD BUSINESSES

• 49 Licence required to carry on licensable food business
• 50 Where licensee may carry on licensable food business
• 51 Licensee to comply with conditions of licence

PART 3 - APPLICATIONS FOR, AND ISSUE OF, LICENCES

Division 1 - Applications for licence

• 52 Application
• 53 What the application must state
• 54 When food safety program is to accompany application
• 55 Consideration of application
• 56 Criteria for granting application
• 57 Suitability of person to hold licence
• 58 Suitability of premises
• 59 Inquiry about application

Division 2 - Decisions on applications for licence

• 60 Decision on application
• 61 Failure to decide application
• 62 Further consideration of application
• 63 Accreditation of food safety program on grant of application

Division 3 - Provisional licences

• 64 Issue of provisional licence
• 65 When provisional licence ends
• 66 Extension of period for consideration of application if provisional licence issued

PART 4 - TERM AND CONDITIONS OF LICENCES

• 67 Term of licence other than provisional licence
• 68 Term of provisional licence
• 69 Conditions of licence

PART 5 - RENEWAL, RESTORATION OR AMENDMENT OF LICENCES

Division 1 - Preliminary

• 70 Application of pt 5
• 71 Notice of imminent expiry of licence

Division 2 - Renewal, restoration and amendment

• 72 Application for renewal
• 73 Application for restoration
• 74 Application for amendment
Subdivision 2 - Inquiries about applications and continuation of licences
• 75 Inquiry about application
• 76 Licence continues pending decision about renewal or restoration
• 77 Failure to decide application

PART 6 - SUSPENSION OR CANCELLATION OF LICENCES

• 78 Grounds for suspension or cancellation
• 79 Show cause notice
• 80 Representations about show cause notice
• 81 Ending show cause process without further action
• 82 Suspension or cancellation
• 83 Immediate suspension of licence
• 84 Return of cancelled or suspended licence to local government

PART 7 - OTHER PROVISIONS ABOUT LICENCES AND LICENSEES

Division 1 - Requirements for applications

• 85 General requirements for applications under ch 3

Division 2 - Food safety supervisors

• 86 Licensee to have food safety supervisor
• 87 Availability of food safety supervisor
• 88 Licensee to advise local government about food safety supervisor

Division 3 - Carrying on licensable food business from mobile premises

• 89 Obligations of licensee while in second local government’s area
• 90 Action that may be taken by second local government
• 91 Notification to first local government
• 92 Action that may be taken by first local government

Division 4 - General provisions

• 93 Licence issued to more than 1 person
• 94 Form of licence
• 95 Surrender of licence
• 96 Application for replacement of licence
• 97 Decision about application for replacement of licence

CHAPTER 4 - FOOD SAFETY PROGRAMS

PART 1 - PRELIMINARY

• 98 Content of food safety program
• 99 Who must have accredited food safety program
• 100 Other persons may have accredited food safety program
• 101 Particular persons taken to have applied for accreditation of food safety program

PART 2 - APPLICATIONS FOR ACCREDITATION OF FOOD SAFETY PROGRAMS

• 102 Application for accreditation
• 103 Consideration of application
• 104 Criteria for accrediting food safety program
• 105 Inquiry about application
• 106 Decision on application
• 107 Failure to decide application
• 108 Further consideration of application

PART 3 - MATTERS ABOUT COMPLIANCE AUDITS FOR ACCREDITED FOOD SAFETY PROGRAMS

• 109 Frequency of compliance audits
• 110 Changing frequency of compliance audits
• 111 Limitation on frequency of compliance audits

PART 4 - AMENDMENT OF ACCREDITED FOOD SAFETY PROGRAMS

Division 1 - Amendment by holder of accredited food safety program

• 112 Application for approval of amendment
• 113 Inquiry about application

Division 2 - Amendment of accredited food safety program—local government’s initiative

• 114 Local government may direct holder to amend accredited food safety program
• 115 Amending accredited food safety program

PART 5 - CANCELLATION OF ACCREDITATION, AND SURRENDER, OF PARTICULAR FOOD SAFETY PROGRAMS

• 116 Application of pt 5
• 117 Grounds for cancellation
• 118 Show cause notice
• 119 Representations about show cause notice
• 120 Ending show cause process without further action
• 121 Cancellation
• 122 Surrender of accredited food safety program

PART 6 - OTHER PROVISIONS ABOUT ACCREDITED FOOD SAFETY PROGRAMS

• 123 Obligation to comply with accredited food safety program
• 124 Keeping copy of accredited food safety program
• 125 Inspection of accredited food safety program
• 126 Offence about advertising

CHAPTER 5 - AUDITORS

PART 1 - FUNCTIONS AND APPROVAL OF AUDITORS

Division 1 - Functions

• 127 Auditor’s functions

Division 2 - Obtaining approval as auditor

• 128 Application for approval as auditor
• 129 Consideration of application
• 130 Criteria for granting application
• 131 Suitability of person to be an auditor
• 132 Inquiry about application
• 133 Decision on application
• 134 Failure to decide application
• 134A Further consideration of application

PART 2 - TERM AND CONDITIONS OF APPROVAL

• 135 Term of approval
• 136 Conditions of approval
• 137 Auditor to comply with conditions of approval

PART 3 - RENEWAL OF APPROVALS

• 138 Application for renewal
• 139 Inquiry about application
• 140 Approval continues pending decision about renewal

PART 4 - AMENDING CONDITIONS OF APPROVALS—APPLICATION BY AUDITOR

• 141 Application by auditor to amend conditions of approval
• 142 Inquiry about application
• 143 Failure to decide application

PART 5 - SUSPENSION OR CANCELLATION OF APPROVALS

• 144 Grounds for suspension or cancellation
• 145 Show cause notice
• 146 Representations about show cause notice
• 147 Ending show cause process without further action
• 148 Suspension or cancellation
• 149 Immediate suspension of approval
• 150 Return of cancelled or suspended approval to chief executive

PART 6 - GENERAL PROVISIONS

• 151 Applications—general
• 152 Form of approval
• 153 Surrender of approval
• 154 Application for replacement of approval
• 155 Decision about application for replacement of approval

CHAPTER 6 - AUDITS OF ACCREDITED FOOD SAFETY PROGRAMS

PART 1 - PRELIMINARY

• 156 Purpose of ch 6

PART 2 - AUDITS

Division 1 - Compliance audits

• 157 First compliance audit of accredited food safety program
• 158 Particular licensee to have compliance audits conducted

Division 2 - Check audits and nonconformance audits

• 159 Check audit
• 160 Nonconformance audit

Division 3 - Auditors’ reports and responsibilities

• 161 Report about audit for compliance or nonconformance audit
• 162 Auditor’s responsibility to inform local governments

PART 3 - OTHER MATTERS

• 163 Obstructing auditor
• 164 Impersonating auditor

CHAPTER 6A - DISPLAY OF NUTRITIONAL INFORMATION FOR FOOD

• 164A Application of ch 6A
• 164B Definitions
• 164C Meaning of standard food item
• 164D Meaning of standard food outlet
• 164E Requirement to display nutritional information
• 164F Voluntary display of nutritional information to meet certain requirements
• 164G Explanatory material about nutritional information

CHAPTER 7 - MONITORING AND ENFORCEMENT

PART 1 - AUTHORISED PERSONS

Division 1 - Preliminary

• 165 Powers generally
• 166 Powers of particular authorised persons limited to local government area
• 167 Functions of authorised person

Division 2 - Appointment of authorised persons

• 168 Appointment and qualifications
• 169 Appointment conditions and limit on powers
• 170 Issue of identity card
• 171 Production or display of identity card
• 172 When authorised person ceases to hold office
• 173 Resignation
• 174 Return of identity card

PART 2 - POWERS OF AUTHORISED PERSONS

Division 1 - Entry of places

• 175 Power to enter places

Division 2 - Procedure for entry

• 176 Entry with consent
• 177 Application for warrant
• 178 Issue of warrant
• 179 Application by electronic communication and duplicate warrant
• 180 Defect in relation to a warrant
• 181 Warrants—procedure before entry

Division 3 - General powers

• 182 General powers after entering places
• 183 Failure to help authorised person
• 184 Failure to give information

Division 4 - Stopping or moving motor vehicles

• 185 Stopping or moving motor vehicle

Division 5 - Power to seize evidence

• 186 Seizing evidence at a place that may be entered without consent or warrant
• 187 Seizing evidence at a place that may only be entered with consent or warrant

Division 6 - Dealing with seized things

• 188 Securing seized things
• 189 Tampering with seized things
• 190 Powers to support seizure
• 191 Authorised person may require thing’s return
• 192 Receipts for seized things
• 193 Forfeiture of seized things
• 194 Return of seized things
• 195 Access to seized things
• 196 Power of destruction

Division 7 - Power to obtain information

• 197 Power to require name and address
• 198 Failure to give name or address
• 199 Power to require production of documents
• 200 Failure to produce document
• 201 Failure to certify copy of document
• 202 Power to require information

Division 8 - Emergency powers of authorised persons

• 203 Application of div 8
• 204 Power and procedure for entry
• 205 Power in relation to food
• 206 How power may be exercised
• 207 Failure to comply with authorised person’s directions in emergency
• 208 Authorised person’s powers not affected

Division 9 - Improvement notices

• 209 Improvement notice
• 210 Approval for particular improvement notice
• 211 Record of compliance with improvement notice

PART 3 - GENERAL ENFORCEMENT MATTERS

Division 1 - Notice of damage and compensation

• 212 Notice of damage
• 213 Compensation

Division 2 - Other matters

• 214 Obstructing authorised person
• 215 Impersonating authorised person

PART 4 - EMERGENCY POWERS OF CHIEF EXECUTIVE

• 216 Making of order
• 217 Nature of order
• 218 Special provisions relating to recall orders
• 219 Way of making orders
• 220 Compensation
• 221 Failure to comply with order

PART 5 - INJUNCTIONS

• 222 Application of pt 5
• 223 Who may apply for an injunction
• 224 District Court’s powers
• 225 Terms of injunction
• 226 Undertakings as to damages or costs

CHAPTER 8 - ANALYSIS OF THINGS

PART 1 - STATE ANALYSTS AND APPROVAL OF LABORATORIES

• 227 Appointment and qualifications
• 228 Appointment conditions
• 229 When State analyst ceases to hold office
• 230 Resignation
• 231 Chief executive may approve laboratory

PART 2 - OTHER MATTERS ABOUT ANALYSIS OF THINGS

• 232 Analysis
• 233 Certificate must indicate methodology used
• 234 Giving results of analysis
• 235 Prohibition about use of results of analysis

CHAPTER 9 - REVIEWS

PART 1 - INTERNAL REVIEW OF DECISIONS

• 236 Review process starts with internal review
• 237 Application for review
• 238 Applying for review
• 239 Review decision
• 240 Stay of operation of original decision

PART 2 - EXTERNAL REVIEW OF DECISIONS

• 241 Who may apply for external review
242. (Repealed) 243. (Repealed) 244. (Repealed) 245. (Repealed) 246. (Repealed)

CHAPTER 10 - LEGAL PROCEEDINGS

PART 1 - APPLICATION

• 247 Application of ch 10

PART 2 - EVIDENCE

• 248 Appointments and authority
• 249 Signatures
• 250 Evidentiary provisions

PART 3 - PROCEEDINGS

• 251 Summary offences
• 252 Alternative verdicts for particular offences
• 253 Independent analysis
• 254 Allegations of false or misleading information or document
• 255 Recovery of costs of investigation
• 256 Application for order for payment of costs under s 255
• 257 Forfeiture on conviction
• 258 Dealing with forfeited thing
• 259 Responsibility for acts or omissions of representative
• 260 Liability of executive officer—offence committed by corporation against executive liability provision
• 260A Executive officer may be taken to have committed offence
• 261 Fines payable to local government

CHAPTER 11 - MISCELLANEOUS

PART 1 - GUIDELINES AND REGISTERS OF AUDITORS AND FOOD BUSINESSES

Division 1 - Guidelines

• 262 Chief executive may make guidelines
• 263 Availability of guideline

Division 2 - Registers

• 264 Chief executive to keep registers
• 265 Content of registers
• 266 Availability of registers

PART 2 - OFFENCES ABOUT FALSE OR MISLEADING STATEMENTS OR DOCUMENTS

• 267 False or misleading statements
• 268 False or misleading documents

PART 3 - PRESCRIBED CONTAMINANTS IN FOOD

• 269 Definition for pt 3
• 270 Notice of isolation of prescribed contaminant
• 271 Chief executive may give direction

PART 3A - SUSPECTED INTENTIONAL CONTAMINATION OF FOOD

• 271A Definitions for pt 3A
• 271B Reporting suspected intentional contamination of food
• 271C Potentially contaminated food must not be disposed of
• 271D Chief executive may give direction

PART 4 - OTHER MATTERS

• 272 Confidentiality of information
• 272A Disclosure of information
• 273 Service of documents
• 274 Protecting officials from liability
• 275 Particular premises taken to be within local government area
• 276 Delegation by chief executive
• 277 Approval of forms
• 278 Regulation-making power

CHAPTER 12 - REPEAL AND TRANSITIONAL PROVISIONS

PART 1 - REPEAL PROVISION

• 279 Repeal of Food Act 1981

PART 2 - TRANSITIONAL PROVISIONS FOR ACT NO. 3 OF 2006

Division 1 - Preliminary

• 280 Definitions for pt 2

Division 2 - Transitional references

• 281 References to repealed Act

Division 3 - Other transitional provisions

• 282 Continuation of order under repealed Act, s 8
• 283 Continuation of order under repealed Act, pt 3
• 284 Application for compensation under repealed Act
• 285 Continuation of orders under repealed Act, s 21
• 286 Appeals
• 287 Dealing with articles seized under repealed Act
• 288 Direction about isolation of prescribed pathogen
• 289 Continuation of particular licences under former regulation
• 290 Lapsing of licences under former regulation
• 291 Application for particular licence under former regulation
• 292 Application for renewal of particular licence under former regulation
• 293 Lapsing of other applications relating to licences under former regulation
• 294 Lapsing of registration under former regulation
• 295 Lapsing of applications relating to registration under former regulation
• 296 Offences
• 297 Application of requirements about food safety supervisor and food safety program to existing licensees
• 298 No offence committed against food safety supervisor or food safety program provisions before 1 July 2008

PART 3 - TRANSITIONAL PROVISIONS FOR HEALTH LEGISLATION AMENDMENT ACT 2011

• 299 Definitions for pt 3
• 300 Existing relevant licence
• 301 Pending applications for relevant licence
• 302 Pending applications for renewal, restoration or amendment of relevant licence

PART 4 - TRANSITIONAL PROVISION FOR HEALTH LEGISLATION AMENDMENT ACT 2016

• 303 Application of ch 6A
• SCHEDULE 2
• SCHEDULE 3