Food Act 1989 Regulation relating to the penalties for certain offences (1990-268) [GG No 62 of 11.5.1990] (NSW)

1990 - NO. 268

FOOD ACT 1989 - REGULATION

(Relating to the penalties for certain offences)

NEW SOUTH WALES

[Published in Gazette No. 62 of 11 May 1990]

HIS Excellency the Governor, with the advice of the Executive Council, on the recommendation of the Food Advisory Committee, and in pursuance of the Food Act 1989, has been pleased to make the Regulation set forth hereunder.

PETER COLLINS

Minister for Health.

Commencement

1. This Regulation commences on 11 May 1990.

Amendments

2. The Pure Food Regulations 1937 are amended:

(a) by omitting from the heading to the Regulations the words

"PURE FOOD REGULATIONS" and by inserting instead the

words "FOOD REGULATIONS";

(b)	by omitting from the heading to the Regulations the words
"PURE FOOD ACT 1908" and by inserting instead the words "FOOD ACT 1989";

(c) by omitting from Regulation 1AA (1) the word "Pure";

(d) by omitting from Regulation 1 AA (3) the words "Pure Food Act 1908" and by inserting instead the words "Food Act 1989";

1990 - NO. 268

by omitting Regulation 1A;
by omitting from Regulations 5A (1), 51 (1), 78 (3) (e), 78 (5),
78 (10), 78 (12), 79 (21), 80A (9) and 85 the word "Secretary"
wherever occurring and by inserting instead the word

“Director-General”;

by omitting Regulation 77 (34) and by inserting instead the

following clause:

(34) Any person who contravenes any provision of this Regulation is guilty of an offence and is liable on conviction to a penalty not exceeding 25 penalty units.

by omitting Regulation 78 (40) and by inserting instead the

following clause:

(40) Any person who contravenes any provision of this Regulation is guilty of an offence and is liable on conviction to a penalty not exceeding 25 penalty units.

by omitting Regulation 78A (8) and by inserting instead the

following clause:

(8) Any person who contravenes any provision of this Regulation is guilty of an offence and is liable on conviction to a penalty not exceeding 25 penalty units.

following clause:

by omitting Regulation 79 (27) and by inserting instead the

(27) Any person who contravenes any provision of this Regulation is guilty of an offence and is liable on conviction to a penalty not exceeding 25 penalty units.

by omitting Regulation 79A (4) and by inserting instead the

following clause:

(4) Any person who contravenes any provision of this Regulation is guilty of an offence and is liable on conviction to a penalty not exceeding 25 penalty units.

following clause:

by omitting Regulation 80 (9) and by inserting instead the

(9) Any person who contravenes any provision of this Regulation is guilty of an offence and is liable on conviction to a penalty not exceeding 25 penalty units.

by omitting Regulation 80A (11) and by inserting instead the

following clause:

1990 - No. 268

(11) Any person who contravenes any provision of this Regulation is guilty of an offence and is liable on conviction to a penalty not exceeding 25 penalty units.

by omitting Regulation 82;
by omitting from Regulation 86 the words "PURE FOOD ACT
1908" and by inserting instead the words "FOOD ACT 1989";
by omitting from Regulation 86 the words ''Pure Food Act 1908"
and by inserting instead the words "Food Act 1989";
by omitting from Regulation 93 (1) the words "$500 and, in the
case of a continuing offence, to a further penalty not exceeding
$10 for each day during which the offence continues'' and by

inserting instead the words "25 penalty units".

EXPLANATORY NOTE

The object of this Regulation is to increase the penalties for offences under the Pure Food Regulations 1937 relating to contamination of food. The name of the Principal Regulations is also changed as a consequence of the commencement of the Food Act 1989.