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PRIMARY PRODUCE SAFETY ACT 2011 (NO. 36 OF 2011)

- Act 36 of 2011 - Royal Assent 25 October 2011

Table of Provisions

Long Title

PART 1 - Preliminary

  • 1 Short title
  • 2 Commencement
  • 3 Object of Act
  • 4 Interpretation
  • 5 Meaning of primary production activity
  • 6 Interaction with other Acts
  • 7 Act binds Crown

PART 2 - Administration

  • 8 Chief Inspector of Primary Produce Safety

PART 3 - Food Safety Schemes

  • 9 Food safety schemes
  • 10 Contents of food safety schemes

PART 4 - Accreditation

  • 11 Authority given by accreditation
  • 12 Application for accreditation
  • 13 Temporary accreditation
  • 14 Deciding an application for accreditation
  • 15 Conditions of accreditation
  • 16 Periodic fees and returns
  • 17 Variation of accreditation
  • 18 Application for variation of accreditation
  • 19 Transfer of accreditation
  • 20 Suspension or revocation of accreditation
  • 21 Surrender of accreditation
  • 22 Review of decisions relating to accreditation

PART 5 - Offences Division 1 - Interpretation

  • 23 Meaning of unsafe for human consumption in relation to primary
  • produce
  • 24 Meaning of unsuitable for human consumption in relation to primary
  • produce

Division 2 - Serious offences

  • 25 Intentional or reckless supply of unsafe primary produce
  • 26 Negligent supply of unsafe primary produce

Division 3 - Other offences

  • 27 Supply of unsafe primary produce
  • 28 Supply of unsuitable primary produce
  • 29 Unauthorised production of primary produce
  • 30 Official marks
  • 31 Compliance with Food Standards Code

Division 4 - General defences

  • 32 Defence of due diligence
  • 33 Defence of mistaken but reasonable belief not available
  • 34 Alternative verdicts for serious primary produce offences

PART 6 - Authorised Officers

  • 35 Appointment of authorised officers
  • 36 Powers of authorised officers
  • 37 Search warrants
  • 38 Identification of authorised officers
  • 39 Failure to comply with requirements of authorised officers
  • 40 False information
  • 41 Interfering with seized items
  • 42 Obstructing or impersonating authorised officers
  • 43 Threatening or abusing authorised officer

PART 7 - Seizure by Authorised Officers

  • 44 Seizure order
  • 45 Seizure of primary produce suspected of being unsafe or unsuitable
  • 46 Compensation for seizure, &c., of primary produce
  • 47 Seizure of thing that may be used as evidence

PART 8 - Compliance Notices and Prohibition Orders

  • 48 Meaning of legislative requirement in this Part
  • 49 Compliance notice
  • 50 Prohibition order
  • 51 Compensation
  • 52 Review of decisions relating to prohibition orders

PART 9 - Other Remedies

  • 53 Infringement notices

PART 10 - Food Safety Programs

  • 54 Food safety programs
  • 55 Auditing of food safety programs
  • 56 Frequency of audits for food safety purposes
  • 57 Check audits

PART 11 - Auditors

  • 58 Approval of food safety auditor
  • 59 Term of approval
  • 60 Declaration of interest
  • 61 Variation of conditions, or suspension or cancellation, of approval
  • of food safety auditor
  • 62 Review of decisions relating to approval
  • 63 Duties of food safety auditors
  • 64 Reporting requirements
  • 65 Certificates of approval of food safety auditors
  • 66 Identification of food safety auditor
  • 67 Register of food safety auditors to be maintained
  • 68 Obstructing or impersonating food safety auditors
  • 69 Threatening or abusing food safety auditors

PART 12 - Evidentiary and Procedural Provisions

  • 70 Nature of proceedings for offences
  • 71 Institution of proceedings
  • 72 Offences by employers
  • 73 Offences by bodies corporate
  • 74 Liability of employees and agents
  • 75 Continuing offence
  • 76 Presumptions
  • 77 Evidence
  • 78 Proceedings relating to third persons
  • 79 Disclosure by witnesses
  • 80 Court may order costs and expenses
  • 81 Court may order forfeiture

PART 13 - Miscellaneous

  • 82 Protection from liability
  • 83 Bribery
  • 84 Disclosure of information
  • 85 Certificate of compliance with food safety scheme
  • 86 Regulations
  • 87 Saving and transitional arrangements
  • 88 Administration of Act
  • 89 Consequential Amendments
  • 90 Legislation repealed
  • 91 Legislation further repealed
  • 92 Legislation rescinded
  • 93 Legislation further rescinded
  • 94 Legislation revoked
  • 95 Legislation further revoked
  • SCHEDULE 1 SCHEDULE 2 SCHEDULE 3 SCHEDULE 4 SCHEDULE 5 SCHEDULE 6 SCHEDULE 7 SCHEDULE 8

    [ Note: This table has been automatically generated and may be incomplete. ]

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