FOOD ACT 1984 - SECT 5 Orders
FOOD ACT 1984 - SECT 5
Orders(1) The Governor in Council may by Order published in the Government Gazette—
(a) declare a law of a State or Territory of the Commonwealth of Australia to be a corresponding law for the purposes of this Act; and
S. 5(1)(b) repealed by No. 14/2001 s. 6.
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(2) An Order made by the Governor in Council under subsection (1) may by like Order be amended, varied or revoked.
S. 5(3) substituted by No. 98/1997 s. 4(1).
(3) The Minister may make an order declaring—
(a) any premises or part of a premises or any other place not to be a food premises for the purposes of this Act.
S. 5(3)(b) repealed by No. 14/2001 s. 6.
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S. 5(3A) inserted by No. 98/1997 s. 4(1).
(3A) The Minister may, by order published in the Government Gazette, exempt from this Act or any provision of this Act—
(a) any food premises or class of food premises.
S. 5(3A)(b) repealed by No. 14/2001 s. 6.
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S. 5(4) amended by No. 98/1997 s. 4(2).
(4) An order made by the Minister under subsection (3) or (3A)—
(a) may be made so as to be limited in respect of time or circumstances; and
(b) may by like order be amended, varied or revoked.
S. 5(5) inserted by No. 60/2012 s. 50, amended by Nos 2/2017 s. 16(3)(a), 38/2020 s. 6.
(5) The Secretary DHHS or the Secretary DJPR, by order published in the Government Gazette, may exempt a person or a person belonging to a specified class of person from complying with a specified requirement of the Food Standards Code.
S. 5(6) inserted by No. 60/2012 s. 50, amended by Nos 2/2017 s. 16(3)(b), 38/2020 s. 6.
(6) An order under subsection (5) may be made by the Secretary DJPR only in respect of a requirement in a primary production and processing standard.
S. 5(7) inserted by No. 60/2012 s. 50.
(7) An order under subsection (5)—
(a) may be made so as to be limited in respect of time or circumstances; and
(b) may be unconditional or subject to any condition specified in the order; and
(c) takes effect on the date that the order is published in the Government Gazette or on any later date specified in the order; and
(d) may by like order be amended, varied or revoked.
S. 6 substituted by No. 46/2008 s. 252.