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WRONGS ACT 1958 - SECT 31F Protection of food donors

WRONGS ACT 1958 - SECT 31F

Protection of food donors

    (1)     A person who donates food ( the food donor ) in the circumstances listed in subsection (2) is not liable in any civil proceeding for any death or injury that results from the consumption of the food.

    (2)     The circumstances are—

        (a)     that the food donor donated the food—

              (i)     in good faith for a charitable or benevolent purpose; and

              (ii)     with the intention that the consumer of the food would not have to pay for the food; and

        (b)     that the food was safe to consume at the time it left the possession or control of the food donor; and

        (c)     if the food was of a nature that required it to be handled in a particular way to ensure that it remained safe to consume after it left the possession or control of the food donor, that the food donor informed the person to whom the food donor gave the food of those handling requirements; and

        (d)     if the food only remained safe to consume for a particular period of time after it left the possession or control of the food donor, that the food donor informed the person to whom the food donor gave the food of that time limit.

    (3)     For the purposes of this section, food is safe to consume if it is not unsafe food.

S. 31G inserted by No. 49/2002 s. 10.