Civil Liability (BYO Containers) Amendment Act 2022 (SA)

South Australia

Civil Liability (BYO Containers) Amendment Act 2022

An Act to amend the Civil Liability Act 1936.

The Parliament of South Australia enacts as follows:

Part 1Preliminary1Short title

This Act may be cited as the Civil Liability (BYO Containers) Amendment Act 2022.

Part 2Amendment of Civil Liability Act 19362Insertion of Part 9 Division 11B

After section 74A insert:

Division 11B—Supply of food in customers' containers

74B—Supplying food in customers' own containers

1. (1)

   A person who sells food to a customer in a container supplied by the customer incurs no civil liability for any personal injury caused by the use of the container.

2. (2)

   The immunity under subsection (1) extends to the agents and employees of the person selling the food.

3. (3)

   However, the immunity does not operate—

   1. (a)

      if the use of the container by the person selling the food was negligent; or

   2. (b)

      if use of the container was unlawful under any Act; or

   3. (c)

      if the food was subject to a recall order at the time it was sold.

4. (4)

   In this section, the terms food and recall order have the same meaning as in the Food Act 2001.