Agriculture and Food Safety Legislation Amendment Act 2024 (Vic)
Agriculture and Food Safety Legislation Amendment Act 2024
No. 44 of 2024
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary
1Purposes
2Commencement
Part 2—Amendment of Dairy Act 2000
3Recommendations of a selection committee
4Section 21 repealed
5Sale and delivery of dairy food which has not been pasteurised or packed and sealed as required
6New section 36A inserted
7Criminal liability of officers of bodies corporate—failure to exercise due diligence (legal burden of proof)
Part 3—Amendment of Food Act 1984
Division 1—Compliance and enforcement powers
8Inspection of premises by registration authority
9Proceedings for offences
10Infringements
Division 2—Display of information
11New Division 5 inserted in Part VI
12Criminal liability of officers of bodies corporate—accessorial liability
Division 3—Miscellaneous amendments
13Definitions
14Orders
15Role of Department of Jobs, Precincts and Regions
16Orders relating to premises on which primary food production and related activities are carried out
17Remedy in respect of articles seized
18Power of court to order forfeiture
19Evidentiary certificate signed by the Secretary DHHS
20Evidentiary certificate signed by the Secretary DJPR or the chief executive officer of DFSV or PrimeSafe
21Evidence of signatures
22Protection against liability
23Delegations by Secretary DJPR, the DFSV or PrimeSafe
24Regulations
25Statute law revision
Part 4—Amendment of Meat Industry Act 1993
Division 1—Information sharing
26Section 57 substituted
Division 2—Selection committee
27Recommendations of a selection committee
Division 3—Licensing
27AFit and proper person
Part 5—Amendment of Seafood Safety Act 2003
28Definitions
29Application for a seafood safety licence
30Mandatory powers of Authority in respect of licences
Part 6—Repeal of this Act
31Repeal of this Act
═════════════
Endnotes
1 General information
Agriculture and Food Safety Legislation Amendment Act 2024
No. 44 of 2024
[Assented to 19 November 2024]
The Parliament of Victoria enacts:
PART 1—PRELIMINARY
1Purposes
The purposes of this Act are—
(a)to amend the Dairy Act 2000—
(i)to provide for new offences in relation to the sale, delivery and provision of raw milk; and
(ii)in relation to the selection committee process for appointments to Dairy Food Safety Victoria; and
(iii)to remove the requirement for Dairy Food Safety Victoria to meet with representatives of the dairy industry annually; and
(b)to amend the Food Act 1984—
(i)in relation to compliance and enforcement powers; and
(ii)to confer power on the Secretary of the Department of Health to make requirements for the display of information; and
(iii)in relation to prosecutions for offences in respect of food obtained for analysis; and
(c)to amend the Meat Industry Act 1993—
(i)in relation to the disclosure of information; and
(ii)in relation to the selection committee process for appointments to PrimeSafe; and
(d)to amend the Seafood Safety Act 2003 to enable PrimeSafe to exercise certain powers in respect of seafood safety licences if it considers that the licence applicant or holder is not a fit and proper person to hold a licence; and
(e)to make other minor and consequential amendments to those Acts.
2Commencement
(1)Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.
(2)If a provision of this Act does not come into operation before 10 September 2025, it comes into operation on that day.
PART 2—AMENDMENT OF DAIRY ACT 2000
3Recommendations of a selection committee
(1)In section 11(4) of the Dairy Act 2000, for "A" substitute "Subject to subsection (4A), a".
(2)After section 11(4) of the Dairy Act 2000 insert—
"(4A)The committee may make a recommendation with only 2 members present if—
(a)there is a vacancy in the membership of the committee; or
(b)a member is absent for any reason.".
4Section 21 repealed
Section 21 of the Dairy Act 2000 is repealed.
5Sale and delivery of dairy food which has not been pasteurised or packed and sealed as required
Insert the following heading to section 36 of the Dairy Act 2000—
"Failure to comply with Code of Practice in relation to sale and delivery of dairy food".
6New section 36A inserted
After section 36 of the Dairy Act 2000 insert—
"36A Sale and delivery of dairy food which has not been treated as required
(1)A person must not sell, deliver or provide dairy food for human consumption unless—
(a)it has been treated in accordance with Standard 4.2.4 of the Food Standards Code; or
(b)the sale, delivery or provision of it is to a person who holds a dairy industry licence.
Penalty:In the case of a natural person, 240 penalty units;
In the case of a body corporate, 1200 penalty units.
Note
Section 55C applies to an offence against this subsection.
(2)A person must not sell, deliver or provide dairy food for a purpose other than human consumption unless—
(a)the dairy food has been treated in a manner approved by the Authority that deters human consumption; or
(b)the sale, delivery or provision of it is to a person who holds a dairy industry licence.
Penalty:In the case of a natural person, 240 penalty units;
In the case of a body corporate, 1200 penalty units.
Note
Section 55C applies to an offence against this subsection.".
7Criminal liability of officers of bodies corporate—failure to exercise due diligence (legal burden of proof)
After section 55C(2)(c) of the Dairy Act 2000 insert—
"(ca)section 36A(1);
(cb)section 36A(2);".
PART 3—AMENDMENT OF FOOD ACT 1984
Division 1—Compliance and enforcement powers
8Inspection of premises by registration authority
Section 39(3) of the Food Act 1984 is repealed.
9Proceedings for offences
Section 45(2) and (3) of the Food Act 1984 are repealed.
10Infringements
In section 56A(1) of the Food Act 1984—
(a)for "An" substitute "The Secretary or an";
(b)before "the authorized" insert "the Secretary or".
Division 2—Display of information
11New Division 5 inserted in Part VI
After Division 4 of Part VI of the Food Act 1984 insert—
"Division 5—Display of information
43JDeclaration of requirements to display registration information
(1)The Secretary, by notice published in the Government Gazette, may declare requirements for the display of information relating to the registration details of a food premises by the proprietor of a food business operating from the food premises.
(2)Before declaring any requirements, including any variation of requirements, under subsection (1), the Secretary must give notice of the Secretary's intention to declare requirements in accordance with section 43L.
(3)A declaration under subsection (1) must specify—
(a)the class of food premises in respect of which the requirements apply; and
(b)the information required to be displayed; and
(c)the manner in which the information is required to be displayed.
(4)For the purposes of subsection (3)(c), without limiting the ways in which the Secretary may require information to be displayed, the Secretary may require information to be displayed in one or more of the following ways—
(a)by a notice displayed at the food premises;
(b)if the food business operating from the food premises has an Internet site, on the food business's Internet site.
43KOffence for proprietor of food business to fail to comply with declaration
The proprietor of a food business that is required by a declaration under section 43J(1) to display information must ensure that the specified information is displayed in the manner specified in the declaration.
Penalty:10 penalty units.
Note
Section 51A applies to an offence against this section.
43LNotice of intention to declare or vary requirements to display information
(1)For the purposes of section 43J(2), notice of the Secretary's intention to declare or vary requirements for the display of information relating to the registration details of a food premises must be published—
(a)in the Government Gazette; and
(b)on an approved alternative publication Internet site.
(2)A notice under subsection (1) must state—
(a)the proposed declaration; and
(b)that submissions may be made to the Secretary regarding the proposed declaration within a period of at least 60 days specified in the notice.
(3)After considering any submissions made in response to the notice, the Secretary must—
(a)make the declaration as originally notified or with any modifications the Secretary considers necessary; or
(b)state in a notice published in the Government Gazette that the Secretary will not be proceeding with the declaration.".
12Criminal liability of officers of bodies corporate—accessorial liability
After section 51A(2)(d) of the Food Act 1984 insert—
"(da)section 43K;".
Division 3—Miscellaneous amendments
13Definitions
(1)In section 4(1) of the Food Act 1984—
(a)in the definition of Department omit "and Human Services";
(b)in the definition of Secretary—
(i)in paragraph (a), for "DHHS" substitute "DH";
(ii)in paragraph (a), for "DJPR" substitute "DEECA";
(iii)in paragraph (b), for "DHHS" substitute "DH".
(2)In section 4(1) of the Food Act 1984 insert the following definitions—
"Secretary DEECA means the Department Head (within the meaning of the Public Administration Act 2004) of the Department of Energy, Environment and Climate Action;
Secretary DH means the Department Head (within the meaning of the Public Administration Act 2004) of the Department;".
(3)In section 4(1) of the Food Act 1984, the definitions of Secretary DHHS and Secretary DJPR are repealed.
(4)In section 4(1) of the Food Act 1984, in the definition of Food Standards Code, for "Australia New Zealand Food Authority" substitute "Food Standards Australia New Zealand".
14Orders
In section 5 of the Food Act 1984—
(a)in subsection (5), for "Secretary DHHS or the Secretary DJPR" substitute "Secretary DH or the Secretary DEECA";
(b)in subsection (6), for "DJPR" substitute "DEECA".
15Role of Department of Jobs, Precincts and Regions
(1)In the heading to section 7BA of the Food Act 1984, for "Jobs, Precincts and Regions" substitute "Energy, Environment and Climate Action".
(2)In section 7BA of the Food Act 1984—
(a)for "Jobs, Precincts and Regions" substitute "Energy, Environment and Climate Action";
(b)in paragraph (a)—
(i)for "DJPR" (where twice occurring) substitute "DEECA";
(ii)for "DHHS" substitute "DH".
16Orders relating to premises on which primary food production and related activities are carried out
In section 19AA(10) of the Food Act 1984, in the definition of relevant authority—
(a)in paragraphs (a)(i) and (b)(i), for "DJPR" substitute "DEECA";
(b)in paragraph (b)(ii), for "DHHS" substitute "DH".
17Remedy in respect of articles seized
In section 26(5) of the Food Act 1984—
(a)in paragraph (a), for "DHHS" (where twice occurring) substitute "DH";
(b)in paragraph (b), for "DJPR" (where twice occurring) substitute "DEECA";
(c)for "DHHS, the Secretary DJPR" substitute "DH, the Secretary DEECA".
18Power of court to order forfeiture
In section 48(4) of the Food Act 1984—
(a)in paragraph (a), for "DJPR" (wherever occurring) substitute "DEECA";
(b)in paragraph (d), for "DHHS" substitute "DH".
19Evidentiary certificate signed by the Secretary DHHS
(1)In the heading to section 50AA of the Food Act 1984, for "DHHS" substitute "DH".
(2)In section 50AA of the Food Act 1984, for "DHHS" substitute "DH".
20Evidentiary certificate signed by the Secretary DJPR or the chief executive officer of DFSV or PrimeSafe
(1)In the heading to section 50AAB of the Food Act 1984, for "DJPR" substitute "DEECA".
(2)In section 50AAB of the Food Act 1984, for "DJPR" substitute "DEECA".
21Evidence of signatures
In section 50AC of the Food Act 1984, for "Secretary DHHS, the Secretary DJPR" substitute "Secretary DH, the Secretary DEECA".
22Protection against liability
In section 56(3) of the Food Act 1984—
(a)in paragraph (a), for "DHHS" (where twice occurring) substitute "DH";
(b)in paragraph (b), for "DJPR" (where twice occurring) substitute "DEECA".
23Delegations by Secretary DJPR, the DFSV or PrimeSafe
(1)In the heading to section 58AB of the Food Act 1984, for "DJPR" substitute "DEECA".
(2)In section 58AB(1) of the Food Act 1984, for "DJPR" (where twice occurring) substitute "DEECA".
24Regulations
(1)In section 63(1A)(d) of the Food Act 1984, for "DJPR" substitute "DEECA".
(2)In section 63(1B) of the Food Act 1984, for "DJPR" substitute "DEECA".
(3)In section 63(5) of the Food Act 1984, for "Secretary DHHS or the Secretary DJPR" substitute "Secretary DH or the Secretary DEECA".
25Statute law revision
In section 63A(1) of the Food Act 1984—
(a)in the definition of Commonwealth Act, for "National Food Authority" substitute "Food Standards Australia New Zealand";
(b)in the definition of Food Standards Code, for "in" substitute "Australia New Zealand Food Standards Code has in".
PART 4—AMENDMENT OF MEAT INDUSTRY ACT 1993
Division 1—Information sharing
26Section 57 substituted
For section 57 of the Meat Industry Act 1993 substitute—
"57 Disclosure of confidential information
(1)Each of the following is an official person for the purposes of this section—
(a)a member of the Authority;
(b)an officer or employee of the Authority;
(c)an inspector;
(d)a former member, officer or employee of the Authority;
(e)a former inspector.
(2)An official person who receives information about a person when exercising a power or performing a function under this Act or the Seafood Safety Act 2003 must not disclose that information except in accordance with subsection (3).
Penalty:50 penalty units.
(3)An official person may disclose information referred to in subsection (2)—
(a)in the exercise of a power or performance of a function under this Act, the Seafood Safety Act 2003 or any other Act; or
(b)to a public sector body within the meaning of the Public Administration Act 2004 if the disclosure is made in connection with the administration of any Act or law that applies to the person to whom the information relates; or
(c)to a person or body who is responsible for regulating the safety or suitability of food; or
(d)to a court or tribunal in the course of a legal proceeding or pursuant to an order of a court or tribunal; or
(e)with the consent of the person to whom the information relates; or
(f)to prevent a serious threat or minimise a serious risk to public health; or
(g)as otherwise required, authorised or permitted by or under this Act, or any other Act or law.".
Division 2—Selection committee
27Recommendations of a selection committee
(1)In section 66(4) of the Meat Industry Act 1993, for "A" substitute "Subject to subsection (4A), a".
(2)After section 66(4) of the Meat Industry Act 1993 insert—
"(4A)The committee may make a recommendation with only 4 members present if—
(a)there is a vacancy in the membership of the committee; or
(b)a member is absent for any reason.".
Division 3—Licensing
27AFit and proper person
In section 16(2)(b) of the Meat Industry Act 1993 omit ", or an associate of the person".
PART 5—AMENDMENT OF SEAFOOD SAFETY ACT 2003
28Definitions
(1)In section 3 of the Seafood Safety Act 2003 insert the following definitions—
"domestic partner of a person means—
(a)a person who is in a registered relationship with the person; or
(b)an adult person to whom the person is not married but with whom the person is in a relationship as a couple where one or each of them provides personal or financial commitment and support of a domestic nature for the material benefit of the other, irrespective of their genders and whether or not they are living under the same roof, but does not include a person who provides domestic support and personal care to the person—
(i)for fee or reward; or
(ii)on behalf of another person or an organisation (including a government or government agency, a body corporate or a charitable or benevolent organisation);
spouse of a person means a person to whom that person is married;".
(2)At the end of section 3 of the Seafood Safety Act 2003 insert—
"(2)For the purposes of the definition of domestic partner in subsection (1)—
(a)registered relationship has the same meaning as in the Relationships Act 2008; and
(b)in determining whether persons who are not in a registered relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case; and
(c)a person is not a domestic partner of another person only because they are co-tenants.".
29Application for a seafood safety licence
After section 11(a) of the Seafood Safety Act 2003 insert—
"(ab)containing evidence addressing the matters in section 14(3) that the applicant for the issue or renewal of the licence is a fit and proper person to hold the licence; and".
30Mandatory powers of Authority in respect of licences
(1)After section 14(2)(c) of the Seafood Safety Act 2003 insert—
"(ca)having regard to the matters specified in subsection (3), the Authority considers that the applicant or licensee is not a fit and proper person to hold a licence;".
(2)After section 14(2) of the Seafood Safety Act 2003 insert—
"(3)For the purposes of subsection (2)(ca), the specified matters are the following—
(a)whether the applicant or licensee is not of good repute, having regard to character, honesty and integrity;
(b)whether an associate of the applicant or licensee is not of good repute, having regard to character, honesty and integrity;
(c)whether the applicant or licensee has any business association with any person who is not of good repute, having regard to character, honesty and integrity;
(d)whether a person who holds a relevant position in the seafood business to which the licence relates is not a suitable person to act in the position;
(e)any other matter that the Authority considers relevant.
(4)In this section, an associate of an applicant or licensee means a person who—
(a)holds any relevant financial interest, or is entitled to exercise any relevant power (whether in right of the person or on behalf of any other person), in the seafood business to which the licence relates, and by virtue of that interest or power, is able to exercise a significant influence over or with respect to the management or operation of that business; or
(b)holds any relevant position (whether in right of the person or on behalf of any other person) in the seafood business to which the licence relates; or
(c)is a relative of the applicant or licensee; or
(d)is an agent of the applicant or licensee.
(5)In this section—
relative means—
(a)spouse or domestic partner; or
(b)parent; or
(c)child; or
(d)sibling;
relevant financial interest, in relation to a seafood business, means—
(a)any share in the capital of the business; or
(b)any entitlement to receive any income derived from the business;
(c)any entitlement to receive any payment as a result of money advanced; or
relevant position, in relation to a seafood business, means—
(a)the position of director, partner, trustee, manager or other executive position or secretary, however that position is designated; and
(b)any other person associated or connected with the ownership, administration or management of the business or its operations;
relevant power means any power, whether exercisable by voting or otherwise and whether exercisable alone or in association with others—
(a)to participate in any directorial, managerial or executive decision; or
(b)to elect or appoint any person to any relevant position.".
PART 6—REPEAL OF THIS ACT
31Repeal of this Act
This Act is repealed on 10 September 2026.
Note
The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).
═════════════
ENDNOTES
1 General information
See for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 11 September 2024
Legislative Council: 31 October 2024
The long title for the Bill for this Act was "A Bill for an Act to amend the Dairy Act 2000, the Food Act 1984, the Meat Industry Act 1993 and the Seafood Safety Act 2003 and for other purposes."
0
0
0