FOOD ACT 2008 - SECT 144

FOOD ACT 2008 - SECT 144

144 .         Regulations

        (1)         The Governor may make regulations prescribing all matters that are required or permitted by this Act to be prescribed, or are necessary or convenient to be prescribed for giving effect to the purposes of this Act.

        (2)         Without limiting subsection (1), the regulations may —

            (a)         require the preparation, implementation, maintenance and monitoring of food safety programs for food businesses to ensure that the provisions of this Act and the Food Standards Code are complied with; or

            (b)         prescribe fees or charges for the purposes of this Act, including (but not limited to) —

                  (i)         fees for the making of applications under this Act; and

                  (ii)         fees or charges for the provision of information, or for the carrying out of any inspection or analysis (whether or not the inspection or analysis is asked for or agreed to), or in connection with the notification of the conduct of a food business;

                or

            (c)         prescribe marks or brands that are to be applied to meat inspected for the purposes of this Act; or

            (d)         prohibit the sale or supply of meat, or any food that consists wholly or partly of meat, that has not been marked or branded as required by regulations made for the purposes of paragraph (c); or

            (e)         impose requirements for the notification by food businesses of information relating to the conduct of those food businesses; or

            (f)         regulate or prohibit any activity relating to —

                  (i)         the handling or sale of food; or

                  (ii)         for the purpose of preventing risks to the safety of food for human consumption — the handling or sale of any substance or thing of a kind used, or represented as being for use, as food for animal consumption.

        (3)         The Minister must ensure that consultation with the relevant industry or sector of industry is undertaken before a regulation is made under subsection (2)(a) imposing a requirement relating to a food safety program.

        (4)         A failure to comply with subsection (3) does not affect the validity of the regulation concerned.

        (5)         The regulations may provide that contravention of a regulation or a provision of a regulation constitutes an offence and may provide for penalties not exceeding $5 000.

        (6)         Except as provided in subsection (7), the regulations may apply, adopt or incorporate, whether wholly or in part or with or without modification, any standard, code or other document as in force from time to time or as in force at a particular time.

        (7)         The regulations may adopt or incorporate the Food Standards Code, but only wholly, without modification and as in force from time to time.