FOOD PRODUCTION (SAFETY) ACT 2000

Queensland Consolidated Acts

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FOOD PRODUCTION (SAFETY) ACT 2000

TABLE OF PROVISIONS

Long Title

Contents

Part 1--Preliminary

Division 1--Introduction

1. Short title
2. Commencement

Division 2--Objects and application

3. Main objects of Act
4. Act binds all persons
5. Food Act 2005 not affected
6. Exemption from application of Act

Division 3--Interpretation

7. Definitions
8. Meaning of dairy produce
9. Meaning of meat
10. Meaning of primary produce
11. Meaning of production of primary produce
12. Meaning of substantially changed

Part 2--Safe Food Production QLD

Division 1--Establishment, functions and powers of Safe Food

13. Establishment
14. Functions
15. General powers
16. Ministerial direction

Division 2--Board of directors

16A. The board
16B. Role of board
16C. Composition of board
16D. Chairperson to report to Minister
16E. Chairperson to give business plan to Minister
16F. Additional provisions about board

Division 3--Chief executive officer of Safe Food

17. Appointment of chief executive officer
18. Conditions of appointment
19. Qualifications for appointment
20. Vacation of office

Division 4--Responsibilities of chief executive officer and other matters about Safe Food

21. Responsibilities of chief executive officer
23. Application of other Acts
23A. Safe Food's seal
23B. Judicial notice of certain signatures
23C. Authentication of documents
24. Delegation

Part 3--Food Safety Advisory Committee

Division 1--Establishment and functions

25. Establishment
26. Functions

Division 2--Membership

27. Membership of committee
28. Term of appointment
29. Conditions of appointment

Division 3--Proceedings

30. Conduct of business
32. Chief executive officer to invite committee members
33. Quorum
34. Presiding at meetings
35. Conduct of meetings
36. Minutes
37. Disclosure of interests by committee members

Division 4--Subcommittees

38. Subcommittees

Part 4--Food safety schemes and programs

Division 1--Food safety schemes

39. Making food safety schemes
40. Contents of food safety schemes

Division 2--Food safety programs

41. Food safety programs

Part 5--Accreditation

Division 1--Preliminary

42. Purpose of accreditation system
43. Authority given by accreditation

Division 2--Obtaining accreditation

44. Application for grant or renewal of accreditations
45. Additional information for applications
46. Deciding applications
47. Temporary accreditations
48. Grant or renewal of accreditations
49. Refusal of applications
50. Conditions of accreditations

Division 3--Amendment, suspension or cancellation of accreditations

51. Amendment—grounds
52. Suspension or cancellation—grounds
53. Amendment, suspension or cancellation—procedure
54. Immediate suspension
55. Notice and effect of amendment, suspension or cancellation
56. Return of amended, suspended or cancelled accreditations

Division 4--Surrender

57. Surrender of accreditations

Part 6--Auditing

Division 1--Preliminary

58. Purpose of auditing system
59. Auditors' authority

Division 2--Obtaining approval

60. Applications for approval as auditor
61. Additional information for applications
62. Deciding applications
63. Grant or renewal of approvals
64. Refusal of applications
65. Term of approvals

Division 3--Amendment, suspension or cancellation of approvals

66. Amendment—grounds
67. Suspension or cancellation—grounds
68. Amendment, suspension or cancellation—procedure
69. Immediate suspension of approvals
70. Notice and effect of amendment, suspension or cancellation
71. Return of amended, suspended or cancelled approvals

Division 4--Surrender

72. Surrender of approvals

Division 5--Identity cards and register

73. Auditor's identity card
74. Register of auditors

Division 6--Audit reports and auditors' responsibilities

75. Audit reports
76. Responsibilities of auditors

Part 7--Serious food safety offences

77. Supply of unsafe primary produce
78. Production of unsafe primary produce
79. Unauthorised production of primary produce
80. Supply of unwholesome meat or seafood
81. Meat substitution
82. Supply of equipment or other things

Part 8--Enforcement, investigations and offences

Division 1--Enforcement and investigations
Subdivision 1--Authorised officers

83. Appointment and qualifications of authorised officers
84. Functions and powers of authorised officers
85. Conditions of appointment of authorised officers
86. Authorised officer's identity card
87. Failure to return identity card
88. Production or display of identity card
Subdivision 2--Power to enter places
89. Power to enter places
Subdivision 3--Procedure for entry
90. Entry with consent
91. Application for warrant
92. Issue of warrant
93. Special warrants
94. Warrants—procedure before entry
Subdivision 4--Powers after entering a place
95. General powers after entering places
96. Failure to help authorised officer
97. Failure to give information
Subdivision 5--Power to seize evidence
98. Definition for sdiv 5
99. Seizing evidence
100. Securing seized things
101. Tampering with seized things
102. Powers to support seizure
103. Receipts for seized things
104. Authorised officer may dispose of seized primary produce
105. Forfeiture by authorised officer
106. Forfeiture on conviction
107. Dealing with forfeited things
108. Recovering costs of destruction or disposal
109. Return of seized things
110. Access to seized things
Subdivision 6--Power to obtain information
111. Power to require name and address
112. Failure to give name or address
113. Power to require information
114. Power to require production of documents
115. Failure to produce documents
Subdivision 7--Emergency powers of authorised officers
116. Emergency powers
117. Failure to comply with authorised person's directions in emergency
Subdivision 8--Power to require compliance
118. Compliance notice

Division 2--Other enforcement provisions

119. Restraining orders
120. Notice of damage
121. Compensation

Division 3--Offences

122. False or misleading statements
123. False or misleading documents
124. Obstructing an authorised officer
125. Impersonation of authorised officer

Part 9--Appeals

126. Who may appeal
127. Starting appeal
128. Stay of operation of decisions
129. Hearing procedures
130. Powers of court on appeal
131. Appeal to District Court on questions of law only

Part 10--Miscellaneous

132. Review of Act
133. Protecting authorised persons and other persons from liability
134. Summary proceedings for offences
135. Regulation-making power

Part 11--Transitional and savings provisions

Division 1--Transitional and savings provisions for Act No. 45 of 2000

136. Definitions for div 1
137. Dissolution of Queensland Livestock and Meat Authority
138. Transfer of assets and liabilities
139. Administrator becomes chief executive officer of Safe Food
140. Employees

Division 2--Transitional and savings provisions for repeal of Dairy Industry Act 1993

140A. Definitions for div 2
140B. Existing licences
140C. Variation, suspension and cancellation of licences
140D. Existing tribunal appeals about part 3 or 4 matter
140E. Appeals to court about part 3 or 4 matter
140F. Proceedings by or against former authority about part 3 or 4 matters
140G. Liabilities of former authority for part 3 or 4 matters
140H. Existing authorised persons
140I. References to repealed Act
140J. Safe Food taken to be the former authority

Division 3--Transitional and savings provisions for repeal of Meat Industry Act 1993

140K. Definitions for div 3
140L. Existing accreditations
140M. Existing temporary accreditations
140N. Variation, suspension and cancellation of accreditation
140O. Existing appeals to tribunal
140P. Appeals to court
140Q. Proceedings by or against former authority
140R. Existing meat safety persons
140S. References to repealed Act
140T. Safe Food taken to be the former authority

Division 4--Transitional provision for Primary Industries and Other Legislation Amendment Act 2003

140U. References in existing documents

Part 12--Repeal of Acts

141. Repeal of Dairy Industry Act 1993
142. Repeal of Meat Industry Act 1993
SCHEDULE 1 ADDITIONAL PROVISIONS ABOUT BOARD OF SAFE FOOD

Part 1--Directors
1. Qualifications for appointment
2. Duration of appointment
3. Terms of appointment
4. Termination of appointment

Part 2--Business and meetings of board
5. Conduct of business
6. Committees
7. Times and places of meetings
8. Quorum
9. Presiding at meetings
10. Departmental officer may attend board meetings
11. Conduct of meetings
12. Minutes
13. Disclosure of interests by directors
SCHEDULE 2 DICTIONARY
Endnotes

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