Civil Liability Amendment (Food Donations) Act 2005 (NSW)

An Act to amend the Civil Liability Act 2002 to make provision for protection from civil liability in respect of food donations; and for other purposes.

1Name of Act

This Act is the Civil Liability Amendment (Food Donations) Act 2005.

2Commencement

This Act commences on a day or days to be appointed by proclamation.

3Amendment of Civil Liability Act 2002 No 22

The Civil Liability Act 2002 is amended as set out in Schedule 1.

Schedule 1Amendments

(Section 3)

[1]Part 8A

Insert after Part 8:

Part 8AFood donors58AInterpretation

In this Part:

donate food includes distribute, without payment or other reward, food donated by others.

food, handling and unsafe food have the same meanings as they have in the Food Act 2003.

personal injury includes:

• (a)

  pre-natal injury, and

• (b)

  impairment of a person’s physical or mental condition, and

• (c)

  disease.

58BApplication of Part(1)

This Part applies to civil liability of any kind.

(2)

This Part does not apply to civil liability that is excluded from the operation of this Part by section 3B.

58CProtection of food donors(1)

A person who donates food (the food donor) does not incur any civil liability in respect of any death or personal injury that results from the consumption of the food if:

• (a)

  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)

  the food was safe to consume at the time it left the possession or control of the food donor, and

• (c)

  where 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—the food donor informed the person to whom the food donor gave the food of those handling requirements, and

• (d)

  where the food would only have remained safe to consume for a particular period of time after it left the possession or control of the food donor—the food donor informed the person to whom the food donor gave the food of that time limit.

(2)

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

[2]Schedule 1 Savings and transitional provisions

Insert at the end of clause 1 (1):

Civil Liability Amendment (Food Donations) Act 2005

[3]Schedule 1, Part 4A

Insert after clause 15:

Part 4AProvisions consequent on enactment of Civil Liability Amendment (Food Donations) Act 200515AApplication of amendments(1)

Part 8A applies in relation to civil liability whether arising before or after the commencement of that Part.

(2)

However, Part 8A does not apply to proceedings commenced in a court before the commencement of that Part.