Western Australian Current Acts

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   PART 1 -- Preliminary  

   1.      Short title
   2.      Commencement
   3.      Objects of Act
   4.      Application of Act to primary food production
   5.      Application of Act to water suppliers
   6.      Application of Act to prescribed community activities
   7.      Act to bind Crown

   PART 2 -- Interpretation  

   8.      Terms used in this Act
   9.      Meaning of “food”
   10.     Meaning of “food business”
   11.     Meaning of “primary food production”
   12.     Meaning of “unsafe” in relation to food
   13.     Meaning of “unsuitable” in relation to food

   PART 3 -- Offences relating to food

           Division 1 -- Serious offences relating to food  

   14.     Handling of food in unsafe manner
   15.     Sale of unsafe food
   16.     False description of food

           Division 2 -- Other offences relating to food  

   17.     Handling and sale of unsafe food
   18.     Handling and sale of unsuitable food
   19.     Misleading conduct relating to sale of food
   20.     Sale of food not complying with purchaser’s demand
   21.     Sale of unfit equipment or packaging or labelling material
   22.     Compliance with Food Standards Code
   23.     False description of food
   24.     Application of provisions outside Western Australia

           Division 3 -- Defences  

   25.     Defence relating to publication of advertisements
   26.     Defence in respect of food for export
   27.     Defence of due diligence
   28.     Defence in respect of handling food
   29.     Defence in respect of sale of unfit equipment or packaging or labelling material

           Division 4 -- Alternative verdicts  

   30.     Alternative verdicts for serious food offences

   PART 4 -- Emergency powers  

   31.     Making of emergency order
   32.     Nature of emergency order
   33.     Special provisions relating to recall orders
   34.     Manner of making orders
   35.     Compensation
   36.     Failure to comply with emergency order
   37.     Limitation on stay of operation of emergency orders

   PART 5 -- Powers of entry, inspection and seizure  

   38.     Powers of authorised officers
   39.     Self-incrimination not an excuse
   40.     Power of seizure
   41.     Application for warrant to enter premises
   42.     Issue of warrant
   43.     Duration of warrant
   44.     Execution of warrant
   45.     Failure to comply with requirements of authorised officers
   46.     Interfering with seized items
   47.     False information
   48.     Obstructing, impersonating or threatening authorised officers

           Division 2 -- Items seized by authorised officers  

   49.     Seized items
   50.     Notification of seizure
   51.     Destruction of filthy, decomposed or putrid matter
   52.     Return of seized item
   53.     Forfeiture of item
   54.     Cost of destruction or disposal of forfeited item
   55.     Return of forfeited item
   56.     Compensation to be paid in certain circumstances
   57.     Application for order disallowing seizure
   58.     Enforcement agency entitled to answer application
   59.     Order disallowing seizure of item
   60.     Ancillary orders
   61.     Adjournment pending hearing of other proceedings

   PART 6 -- Improvement notices and prohibition orders

           Division 1 -- Improvement notices  

   62.     Grounds for serving improvement notice
   63.     Improvement notice may require certain action to be taken
   64.     Compliance with improvement notice

           Division 2 -- Prohibition orders  

   65.     Prohibition order
   66.     Certificate of clearance to be given in certain circumstances
   67.     Request for re-inspection
   68.     Contravention of prohibition order
   69.     Review of decision to refuse certificate of clearance
   70.     Compensation

           Division 3 -- Other matters  

   71.     Scope of notices and orders
   72.     Notices and orders to contain certain information

   PART 7 -- Taking and analysis of samples

           Division 1 -- Taking of samples  

   73.     Application of Division
   74.     Proprietor to be informed
   75.     Payment for sample
   76.     Samples from vending machines
   77.     Packaged food
   78.     Procedures to be followed
   79.     Samples to be submitted for analysis

           Division 2 -- Procedures relating to analyses  

   80.     Compliance with Food Standards Code
   81.     Certificate of analysis

           Division 3 -- Approval of laboratories  

   82.     Approval of laboratories
   83.     Term of approval
   84.     Person in charge of approved laboratory to give notice of certain interests
   85.     Variation of conditions or suspension or cancellation of approval of laboratory
   86.     Review of decisions relating to approval
   87.     List of approved laboratories to be maintained

           Division 4 -- Approval of analysts  

   88.     Approval of persons to carry out analyses
   89.     Term of approval
   90.     Approved analyst to give notice of certain interests
   91.     Variation of conditions or suspension or cancellation of approval of analyst
   92.     Review of decisions relating to approval
   93.     List of approved analysts to be maintained

   PART 8 -- Auditing

           Division 1 -- Approval of food safety auditors  

   94.     Approval of food safety auditors
   95.     Term of approval
   96.     Food safety auditor to give notice of certain interests
   97.     Variation of conditions or suspension or cancellation of approval of auditor
   98.     Review of decisions relating to approvals

           Division 2 -- Auditing and reporting requirements  

   99.     Food safety programs and auditing requirements
   100.    Priority classification system and frequency of auditing
   101.    Duties of food safety auditors
   102.    Reporting requirements
   103.    Redetermination of frequency of auditing

           Division 3 -- Other matters relating to food safety auditors  

   104.    Certificates of authority of food safety auditors
   105.    List of food safety auditors to be maintained
   106.    Obstructing, impersonating or threatening food safety auditors

   PART 9 -- Registration of food businesses  

   107.    Notification of conduct of food businesses
   108.    Exemption in relation to notification of information
   109.    Conduct of unregistered food businesses
   110.    Registration of food businesses
   111.    Term of approval
   112.    Variation of conditions or cancellation of registration of food businesses
   113.    Notification of certain changes to registered food businesses
   114.    Review of decisions relating to registration
   115.    Register of food businesses to be maintained

   PART 10 -- Administration

           Division 1 -- CEO  

   116.    Functions of the CEO
   117.    CEO may delegate

           Division 2 -- Functions of enforcement agencies  

   118.    Functions of enforcement agencies and delegation
   119.    Conditions on performance of functions by enforcement agencies
   120.    Performance of functions by enforcement agencies and authorised officers
   121.    Reports by and about enforcement agencies

           Division 3 -- Appointment of authorised officers  

   122.    Appointment of authorised officers
   123.    Certificates of authority

           Division 4 -- Advisory committees  

   124.    Establishment and functions of advisory committees

   PART 11 -- Procedural and evidentiary provisions  

   125.    Institution of proceedings
   126.    Infringement notices
   127.    Offences by employees -- liability of employer
   128.    Offences by bodies corporate -- liability of directors and others
   129.    Liability of employees and agents
   130.    No defence to allege deterioration of sample
   131.    Onus to prove certain matters on accused person
   132.    Presumption
   133.    Certificate evidence and evidence of analysts
   134.    Documentary evidence of certain matters
   135.    Power of court to order further analysis
   136.    Disclosure by witnesses
   137.    Court may order costs and expenses
   138.    Court may order forfeiture
   139.    Court may order corrective advertising

   PART 12 -- Miscellaneous  

   140.    Fees and charges may be imposed and recovered by local governments that are enforcement agencies
   141.    Protection from liability for wrongdoing
   142.    Certain confidential information not to be disclosed
   143.    Publication of names of offenders
   144.    Regulations
   145.    Temporary emergency regulations modifying the Food Standards Code
   146.    Minister to review and report on Act

   PART 13 -- Consequential amendments  

   147.    Health Act 1911 amended
   148.    Liquor Control Act 1988 amended
   149.    Volunteers and Food and Other Donors (Protection from Liability) Act 2002 amended

   PART 14 -- Transitional provisions  

   150.    Definition
   151.    Interpretation Act 1984 not affected
   152.    Orders under Health Act 1911 section 246W
   153.    Orders under Health Act 1911 section 246Y
   154.    Transitional regulations
           Defined terms

An Act providing for the safety and suitability of food for human consumption, and for related purposes.

Compilation table

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