Food Act 2001 (ACT)
Food Act 2001
A2001-66
Republication No 30
Effective: 27 March 2024
Republication date: 27 March 2024
Last amendment made by A2023‑45
About this republication
The republished law
This is a republication of the Food Act 2001 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 27 March 2024. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 27 March 2024.
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">
authorised republications to which the Legislation Act 2001 applies
unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.
This republication includes amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).
Food Act 2001
Contents
Page
Part 1 Preliminary
1 Name of Act 2
3 Objects of Act 2
4 Dictionary 2
5 Notes 2
5AOffences against Act—application of Criminal Code etc 3
6 Application of Act to primary food production 3
7 Application of Act to water suppliers 4
7A Application of Act to certain food businesses 5
Part 2 Key concepts
8 Meaning of food 7
9 Meaning of sell etc 8
10 Meaning of food business 9
11 Meaning of primary food production 10
12 Meaning of unsafe food 11
13 Meaning of unsuitable food 12
13A Meaning of food standards code 13
Part 3 Offences relating to food
Division 3.1 Preliminary
14 Application of pt 3 to food sold etc outside ACT 14
15 False descriptions of food 14
Division 3.2 Serious offences relating to food
16 Knowingly handling food in unsafe way 15
17 Knowingly selling unsafe food 16
18 Knowingly describing food falsely 16
Division 3.3 Other offences relating to food
19 Negligently handling food in unsafe way 17
20 Negligently selling unsafe food 17
21 Negligently describing food falsely 17
22 Handling and sale of unsafe food 18
23 Handling and sale of unsuitable food 18
24 Misleading conduct relating to sale of food 19
25 Sale of food not complying with purchaser’s demand 19
26 Sale of unfit equipment or packaging or labelling material 20
27 Compliance with food standards code 21
Division 3.4 Defences
28 Defence relating to publication of advertisements 22
29 Defence relating to food for export 22
30 Defence of appropriate diligence 23
31 Defence in relation to handling food 25
32 Defence in relation to sale of unfit equipment or packaging or labelling material 25
Division 3.5 Other matters
34 Onus on defendant to prove certain statements about food 26
35 Alternative verdicts for handling food in unsafe way 26
36 Alternative verdicts for selling unsafe food 26
Part 4 Emergency powers
37 Definitions for pt 4 28
38 Making of emergency orders 28
39 Nature of emergency orders 28
40 Special provisions relating to recall orders 29
41 How orders are made 30
42 Operation of emergency orders 31
43 Contravening emergency order 31
44 Compensation for emergency order 32
Part 5 Inspection and seizure powers
Division 5.1 General
45 Definitions for pt 5 33
Division 5.2 Powers of authorised officers generally
46 Power to enter premises 34
47 Production of identity card 36
48 Consent to entry 36
49 Warrants 37
50 Warrants—application made other than in person 38
51 General powers of authorised officers 40
52 Power to seize things 42
53 Power to destroy decomposed food etc 44
54 Power to require name and address 45
Division 5.3 Return and forfeiture of things seized
55 Receipt for things seized 46
56 Access to things seized 46
57 Return of things seized 47
58 Application for order disallowing seizure 48
59 Order for return of seized thing 48
60 Adjournment pending hearing of other proceedings 49
61 Forfeiture of seized things 50
62 Return of forfeited things 50
63 Cost of disposal of things forfeited 51
Division 5.4 Miscellaneous
70 Damage etc to be minimised 51
71 Compensation to be paid in certain circumstances 52
Part 6 Taking and analysis of food samples
72 Samples for routine monitoring of Act 53
73 Other samples—proprietor to be told sample to be analysed 53
74 Payment for samples 53
75 Samples from packaged food 54
76 Procedures for dividing food samples 54
77 Analysis to comply with food standards code 56
78 Certificates of analysis by authorised analysts 56
Part 7 Improvement notices and prohibition orders
79 Service of improvement notices 57
80 Contents of improvement notices 58
81 Compliance with improvement notices 59
82 Service of prohibition orders 60
83 Contents of prohibition orders 60
84 Scope of improvement notices and prohibition orders 61
84A Display of closure notices 62
84B Contents of closure notices 63
84C Proprietor to maintain closure notice 63
85 Request for reinspection 64
86 Clearance certificates 65
87 Contravention of improvement notices and prohibition orders 65
88 Compensation for prohibition order 66
Part 8 Registration of food businesses
89 Offence—food business not registered or exempt 67
90 Food businesses exempt from registration 67
91 Regulated events 67
92 Registration of food businesses 67
93 Renewal of registration 68
94 Issue or amendment of registration subject to conditions 69
95 Registered food businesses—procedure for imposition etc of conditions on chief health officer’s initiative 69
96 Certificate of registration 71
97 Change in details of registration or operation of food business 71
98 Replacement of certificates of registration 73
98A Registration certificate must be displayed 74
99 Food business to be conducted in accordance with registration conditions 74
100 Action that may be taken in relation to registration of food businesses 74
101 Procedure for taking action in relation to registration 75
102 Immediate suspension of registration 76
103 Return of certificate of registration 77
104 Surrender of registration 78
105 Food business register 78
106 Publication and inspection of food business register 78
Part 9 Display of nutritional information for food
107 Definitions—pt 9 79
108 Meaning of standard food item—pt 9 79
109 Meaning of standard food outlet 80
110 Certain standard food outlets to display nutritional information 81
111 Voluntary display of nutritional information to meet certain requirements 82
112 Commencement of regulation made for s 110 or s 111 83
113 Display or distribution of explanatory material etc about nutritional information 83
114 Exemptions from pt 9 83
Part 9A Food safety supervisors
116 Definitions—pt 9A 84
117 Registered food business to have food safety supervisor 85
118 Proprietor of registered food business may be food safety supervisor 86
119 Food safety training approval guidelines 86
120 Exemptions—pt 9A 87
Part 10 Procedural and evidentiary provisions
126 Liability of employees and agents 88
127 Acts and omissions of representatives 88
128 Offences by corporations 89
129 Right of defendant to have third person before court 90
130 Alternative defendants 92
131 Renewal or amendment of registration not to affect prosecution 92
132 Presumptions 93
133 Certificate evidence etc 94
135 Admissibility of analysis of food sample taken by authorised officer 95
136 No defence to claim deterioration of sample 95
137 Power of court to order further analysis 96
138 Disclosure by witnesses 96
139 Court may order costs and expenses 97
140 Court may order forfeiture 97
141 Court may order corrective advertising 97
Part 11 Notification and review of decisions
141A Meaning of reviewable decision—pt 11 98
141B Reviewable decision notices 98
141C Applications for review 98
Part 12 Miscellaneous
142 Joint liability for amounts payable to the Territory 99
144 Protection from liability 99
145 Secrecy 99
146 Publication of details of food businesses related to offences 101
149 Codes of practice 103
150 Determination of fees 104
152 Regulation-making power 104
153 Temporary emergency regulations 105
Schedule 1 Reviewable decisions 106
Dictionary108
Endnotes
1 About the endnotes 114
2 Abbreviation key 114
3 Legislation history 115
4 Amendment history 119
5 Earlier republications 130
Food Act 2001
An Act to regulate the sale of food for human consumption, and for other purposes
Part 1Preliminary
Name of Act
This Act is the Food Act 2001.
Objects of Act
The objects of this Act include the following:
(a)to ensure food for sale is both safe and suitable for human consumption;
(b)to prevent misleading conduct in relation to the sale of food;
(c)to provide for the application in the ACT of the food standards code.
Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.
For example, the signpost definition ‘food—see section 8.’ means that the expression ‘food’ is defined in that section.
Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
Notes
A note included in this Act is explanatory and is not part of this Act.
NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
5AOffences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1Criminal Code
The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).
Note 2Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.
Application of Act to primary food production
(1)The following parts do not apply in relation to primary food production:
(a)part 7 (Improvement notices and prohibition orders);
(b)part 8 (Registration of food businesses).
(2)The functions given to authorised officers under part 5 (Inspection and seizure powers) and part 6 (Taking and analysis of food samples) may only be exercised in relation to primary food production—
(a)to allow the investigation and prosecution of offences against this Act; or
(b)in relation to the making or enforcement of emergency orders under part 4 (Emergency powers).
(3)In this section:
offence includes an offence that there are reasonable grounds for believing has been, is being, or will be committed.
Note 1The definition of food business excludes primary food production (see s 10).
Note 2A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation, the food standards code and any approved code of practice (see Legislation Act, s 104).
Application of Act to water suppliers
(1)The following provisions do not apply in relation to the supply of water for human consumption through a relevant reticulated water system:
(a)section 16 (Knowingly handling food in unsafe way);
(b)section 18 (Knowingly describing food falsely);
(c)section 22 (1) (which is about handling food in a way that will, or is likely to, make it unsafe);
(d)section 23 (1) (which is about handling food in a way that will, or is likely to, make it unsuitable);
(e)section 24 (Misleading conduct relating to sale of food);
(f)section 25 (Sale of food not complying with purchaser’s demand);
(g)section 26 (Sale of unfit equipment or packaging or labelling material);
(h)part 7 (Improvement notices and prohibition orders);
(i)part 8 (Registration of food businesses).
(2)Section 27 (Compliance with food standards code), to the extent to which it requires compliance with the requirements of the food safety standards, does not apply in relation to the supply of water for human consumption through a relevant reticulated water system.
(3)In this section:
relevant reticulated water system means—
(a)a reticulated water system provided by a utility under the Utilities Act 2000 that is licensed under that Act for the distribution of water through a water network; or
(b)a reticulated water system provided by an entity prescribed by regulation for this paragraph; or
(c)a reticulated water system that provides water to a place prescribed by regulation for this paragraph.
7AApplication of Act to certain food businesses
(1)This Act does not apply to a food business conducted by a volunteer for a community organisation to raise funds for 1 or more of the following purposes:
(a)a religious, educational, charitable or benevolent purpose;
(b)promoting or encouraging literature, science or the arts;
(c)looking after, or giving attention to, people who need care because of a physical or mental disability or condition;
(d)sport, recreation or amusement;
(e)conserving resources or protecting the natural environment from harm;
(f)preserving historical or cultural heritage;
(g)a political purpose;
(h)protecting or promoting the common interests of the community generally or a particular section of the community.
(2)However, this Act does apply to a food business mentioned in subsection (1) that is—
(a)prescribed by regulation; or
(b)conducted at a regulated event.
NoteA regulated event is declared by the Minister under s 91.
(3)The Executive may make a regulation for subsection (2) (a) if the Executive considers it necessary for the protection of public health or otherwise appropriate.
(4)In this section:
community organisation—
(a)means a not-for-profit entity; but
(b)does not include—
(i)a club that holds a licence under the Gaming Machine Act 2004; or
(ii)an entity declared by the Minister not to be a community organisation.
volunteer means a person who conducts a food business for which the person is—
(a)not paid; or
(b)paid in the circumstances prescribed by regulation.
(5)A declaration under subsection (4), definition of community organisation, paragraph (b) (ii) is a disallowable instrument.
NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
Part 2Key concepts
Meaning of food
(1)For this Act, food includes—
(a)any substance or thing of a kind used, or represented as being for use, for human consumption (whether it is live, raw, prepared or partly prepared); or
(b)any substance or thing of a kind used, or represented as being for use, as an ingredient or additive in a substance or thing mentioned in paragraph (a); or
(c)any substance used in preparing a substance or thing mentioned in paragraph (a) (other than a substance used in preparing a living thing) if it comes into direct contact with the substance or thing mentioned in that paragraph, including, for example, a processing aid; or
(d)chewing gum or an ingredient or additive in chewing gum, or any substance used in preparing chewing gum; or
(e)any substance or thing declared to be a food under a declaration in force under the Commonwealth Act, section 6 and prescribed by regulation for this paragraph;
whether or not the substance, thing or chewing gum is in a condition fit for human consumption.
(2)However, food does not include a therapeutic good within the meaning of the Therapeutic Goods Act 1989 (Cwlth).
(3)To remove any doubt, food may include live animals and plants.
Meaning of sell etc
(1)For this Act, sell includes—
(a)barter, offer or attempt to sell; or
(b)receive for sale; or
(c)have in possession for sale; or
(d)display for sale; or
(e)cause or permit to be sold or offered for sale; or
(f)send, forward or deliver for sale; or
(g)dispose of by any method for valuable consideration; or
(h)dispose of to an agent for sale on consignment; or
(i)provide under a contract of service; or
(j)supply food as a meal or part of a meal to an employee, in accordance with a term of an award governing the employee’s employment or a term of the employee’s contract of service, for consumption by the employee at the employee’s place of work; or
(k)dispose of by way of raffle, lottery or other game of chance; or
(l)offer as a prize or reward; or
(m)give away for the purpose of advertisement or in furtherance of trade or business; or
(n)supply food under a contract (whether or not the contract is made with the consumer of the food), together with accommodation, service or entertainment, in consideration of an inclusive charge for the food supplied and the accommodation, service or entertainment; or
(o)supply food (whether or not for consideration) in the course of providing services to people in—
(i)a correctional centre or lockup, or a detention place or intensive therapy place under the Children and Young People Act 2008; or
(ii)a hospice, hospital, nursing home or other health facility operated by or on behalf of the Territory; or
(iii)any other institution (however described) prescribed by regulation for this paragraph; or
(p)sell for the purpose of resale.
(2)For this Act, food or equipment that is displayed for the purpose of being offered as a prize or reward, or given away for the purpose of advertisement or in the furtherance of trade or business, is taken to have been displayed for sale by the owner of the food or equipment.
Meaning of food business
For this Act, food business is a business, enterprise or activity (other than a business, enterprise or activity that is primary food production) that involves—
(a)the handling of food intended for sale; or
(b)the sale of food;
whether or not the business, enterprise or activity is of a commercial, charitable or community nature or whether it involves the handling or sale of food on a single occasion only.
Meaning of primary food production
(1)For this Act, primary food production is the growing, raising, cultivation, picking, harvesting, collection or catching of food, and includes the following:
(a)the transport or delivery of food on, from or between the premises where it was grown, raised, cultivated, picked, harvested, collected or caught;
(b)the packing, treating (for example, washing) or storing of food on the premises where it was grown, raised, cultivated, picked, harvested, collected or caught;
(c)the storage of food in a silo that is not connected with a food processing operation and the transport or delivery of food from, between or to such silos;
(d)the sale of livestock at saleyards and the transport of livestock to and from saleyards;
(e)any other food production activity that is regulated under an Act prescribed by regulation for this subsection.
(2)However, primary food production does not include—
(a)any process involving the substantial transformation of food (for example, manufacturing or canning), whether or not the process is carried out on the premises where the food was grown, cultivated, picked, harvested, collected or caught; or
(b)the sale or service of food directly to the public; or
(c)any other food production activity that is prescribed by regulation for this subsection.
Example—activity that may be prescribed for par (c)
a food production activity in relation to which significant and unmanaged food safety hazards have been identified
Meaning of unsafe food
(1)For this Act, food is unsafe at a particular time if it would be likely to cause physical harm to a person who might later consume it, assuming—
(a)it was, after that particular time and before being consumed by the person, properly subjected to all processes (if any) that are relevant to its reasonable intended use; and
(b)nothing happened to it after that particular time and before being consumed by the person that would prevent its being used for its reasonable intended use; and
(c)it was consumed by the person according to its reasonable intended use.
(2)However, food is not unsafe for this Act only because its inherent nutritional or chemical properties cause, or its inherent nature causes, adverse reactions only in people with allergies or sensitivities that are not common to the majority of people.
(3)In subsection (1):
processes include processes involving storage and preparation.
Meaning of unsuitable food
(1)For this Act, food is unsuitable if it is food that—
(a)is damaged, deteriorated or perished to an extent that affects its reasonable intended use; or
(b)contains any damaged, deteriorated or perished substance that affects its reasonable intended use; or
(c)is the product of a diseased animal, or an animal that has died otherwise than by slaughter, and has not been declared under another territory law to be safe for human consumption; or
(d)contains a biological or chemical agent, or other matter or substance, that is foreign to the nature of the food.
(2)However, food is not unsuitable for this Act only because—
(a)at any particular time before it is sold for human consumption it contains an agricultural or veterinary chemical; or
(b)when it is sold for human consumption it contains an agricultural or veterinary chemical in an amount that does not contravene the food standards code; or
(c)it contains a metal or nonmetal contaminant (within the meaning of the food standards code) in an amount that does not contravene the permitted level for the contaminant as provided by the food standards code; or
(d)it contains any matter or substance that is permitted by the food standards code.
(3)In this section:
slaughter, of an animal, includes killing the animal in the process of capturing, taking or harvesting it for the purposes of preparing it for use as food.
13AMeaning of food standards code
(1)In this Act:
food standards code means the Australia New Zealand Food Standards Code as defined in the Commonwealth Act, section 4 (1), as in force from time to time.
(2)The Legislation Act, section 47 (6) does not apply to the food standards code.
NoteThe food standards code does not need to be notified under the Legislation Act because s 47 (6) does not apply (see Legislation Act, s 47 (7)).
Part 3Offences relating to food
Division 3.1 Preliminary
Application of pt 3 to food sold etc outside ACT
For this part, it does not matter that the food concerned was sold or intended for sale outside the ACT.
NoteFor a defence in relation to food intended for export to another country, see s 29.
False descriptions of food
(1)For this part, food that is falsely described includes food to which 1 or more of the following paragraphs applies:
(a)the food is represented as being of a particular nature or substance for which there is a prescribed standard under the food standards code and the food does not comply with that prescribed standard;
(b)the food is represented as being of a particular nature or substance and it contains, or is mixed or diluted with, any substance in a quantity or proportion that significantly diminishes its food value or nutritive properties as compared with food of the represented nature or substance;
(c)the food is represented as being of a particular nature or substance and it contains, or is mixed or diluted with, any substance of lower commercial value than food of the represented nature or substance;
(d)the food is represented as being of a particular nature or substance and a constituent of the food has been completely or partly removed so that its properties are diminished as compared with food of the represented nature or substance;
(e)any word, statement, device or design used in the packaging or labelling of the food, or in an advertisement for the food, would create a false impression about the nature or substance of the food, or the commercial value of the food, in the mind of a reasonable person;
(f)the food is not of the nature or substance represented by the way in which it is packaged, labelled or offered for sale.
(2)Without limiting the application of subsection (1) to section 18 (2) (Knowingly describing food falsely) or section 21 (2) (Negligently describing food falsely), food is falsely described for those subsections if it is supplied in response to a purchaser’s demand or other request for a particular type of food, or a food that does not contain a particular ingredient, and the food is not of that type or contains that ingredient.
Division 3.2 Serious offences relating to food
Note 1For defences to the offences in this division, see div 3.4.
Note 2For other provisions about the offences in this division, see div 3.5 and pt 10.
Knowingly handling food in unsafe way
A person commits an offence if—
(a)the person handles food intended for sale in a way that will, or is likely to, make the food unsafe; and
(b)the person knows that handling the food in that way will, or is likely to, make the food unsafe.
Maximum penalty: 1 000 penalty units, imprisonment for 2 years or both.
Knowingly selling unsafe food
A person commits an offence if—
(a)the person sells food; and
(b)the person knows the food is unsafe.
Maximum penalty: 1 000 penalty units, imprisonment for 2 years or both.
Knowingly describing food falsely
(1)A person commits an offence if—
(a)the person falsely describes food intended for sale; and
(b)the person knows that a consumer of the food who relies on the description will, or is likely to, suffer physical harm.
Maximum penalty: 1 000 penalty units, imprisonment for 2 years or both.
NoteFor examples of food that is falsely described, see s 15.
(2)A person commits an offence if—
(a)the person sells food; and
(b)the person knows that—
(i)the food is falsely described; and
(ii)a consumer of the food who relies on the description will, or is likely to, suffer physical harm.
Maximum penalty: 1 000 penalty units, imprisonment for 2 years or both.
Division 3.3 Other offences relating to food
Note 1For defences to the offences in this division, see div 3.4.
Note 2For other provisions about the offences in this division, see div 3.5 and pt 10.
Negligently handling food in unsafe way
A person commits an offence if—
(a)the person handles food intended for sale in a way that is likely to make the food unsafe; and
(b)the person is negligent about whether handling the food in that way is likely to make the food unsafe.
Maximum penalty: 750 penalty units.
Negligently selling unsafe food
A person commits an offence if—
(a)the person sells food that is unsafe; and
(b)the person is negligent about whether the food is unsafe.
Maximum penalty: 750 penalty units.
Negligently describing food falsely
(1)A person commits an offence if—
(a)the person falsely describes food intended for sale; and
(b)the person is negligent about whether a consumer of the food who relies on the description, will or is likely to, suffer physical harm.
Maximum penalty: 750 penalty units.
NoteFor examples of food that is falsely described, see s 15.
(2)A person commits an offence if—
(a)the person sells food; and
(b)the person is negligent about whether—
(i)the food is falsely described; and
(ii)a consumer of the food who relies on the description will, or is likely to, suffer physical harm.
Maximum penalty: 750 penalty units.
Handling and sale of unsafe food
(1)A person commits an offence if the person handles food intended for sale in a way that will, or is likely to, make the food unsafe.
Maximum penalty: 500 penalty units.
(2)A person commits an offence if the person sells food that is unsafe.
Maximum penalty: 500 penalty units.
(3)An offence against this section is a strict liability offence.
Handling and sale of unsuitable food
(1)A person commits an offence if the person handles food intended for sale in a way that will, or is likely to, make the food unsuitable.
Maximum penalty: 400 penalty units.
(2)A person commits an offence if the person sells food that is unsuitable.
Maximum penalty: 400 penalty units.
(3)For this section, it is immaterial whether the food is safe.
(4)An offence against this section is a strict liability offence.
Misleading conduct relating to sale of food
(1)A person commits an offence if the person, when conducting a food business, engages in conduct that is misleading or deceptive or is likely to mislead or deceive in relation to—
(a)the advertising, packaging or labelling of food intended for sale; or
(b)the sale of food.
Maximum penalty: 500 penalty units.
(2)A person commits an offence if the person, to sell food or promote the sale of food when conducting a food business, advertises, packages or labels food in a way that falsely describes the food.
Maximum penalty: 500 penalty units.
NoteFor examples of food that is falsely described, see s 15.
(3)A person commits an offence if the person, when conducting a food business, sells food that is packaged or labelled in a way that falsely describes the food.
Maximum penalty: 500 penalty units.
(4)An offence against this section is a strict liability offence.
Sale of food not complying with purchaser’s demand
(1)A person commits an offence if the person, when conducting a food business—
(a)sells food to a purchaser; and
(b)the food is not of the nature or substance demanded by the purchaser.
Maximum penalty: 500 penalty units.
(2)For this section, it is immaterial whether the food is safe.
(3)An offence against this section is a strict liability offence.
Sale of unfit equipment or packaging or labelling material
(1)A person commits an offence if—
(a) the person sells equipment (the equipment sold); and
(b)the person knows the equipment sold is, or is likely, to be used for the handling of food; and
(c)the equipment sold, if used for a purpose for which it was designed or intended to be used would, or would be likely to—
(i)make food unsafe; or
(ii)put other equipment in a condition that, if the other equipment were used for a purpose for which it was designed or intended to be used, would, or would be likely to, make food unsafe.
Maximum penalty: 500 penalty units.
(2)Strict liability applies to subsection (1) (a) and (c).
(3)Subsection (1) does not apply if the equipment sold was not designed for use in relation to the handling of food.
NoteThe defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code, s 58).
(4)A person commits an offence if—
(a) the person sells packaging or labelling material; and
(b)the person knows the material is, or is likely, to be used for the handling of food; and
(c)the material, if used for a purpose for which it was designed or intended to be used, would, or would be likely to, make food unsafe.
Maximum penalty: 500 penalty units.
(5)Strict liability applies to subsection (4) (a) and (c).
(6)Subsection (4) does not apply if the packaging or labelling material was not designed for use in relation to the handling of food.
NoteThe defendant has an evidential burden in relation to the matters mentioned in s (6) (see Criminal Code, s 58).
Compliance with food standards code
(1)A person commits an offence if the person contravenes a requirement of the food standards code in relation to—
(a)the conduct of a food business; or
(b)food intended for sale; or
(c)food for sale.
Maximum penalty: 500 penalty units.
(2)A person commits an offence if—
(a)the person sells food; and
(b)the food does not comply with a requirement of the food standards code for the food.
Maximum penalty: 500 penalty units.
(3)A person commits an offence if—
(a)the person sells or advertises food; and
(b)the food is packaged or labelled in a way that contravenes the food standards code.
Maximum penalty: 500 penalty units.
(4)A person commits an offence if the person sells food, or advertises food for sale, in a way that contravenes the food standards code.
Maximum penalty: 500 penalty units.
(5)An offence against this section is a strict liability offence.
Division 3.4 Defences
Defence relating to publication of advertisements
(1)This section applies to a prosecution for an offence, relating to the publication of an advertisement, against—
(a)section 18 (Knowingly describing food falsely); or
(b)section 21 (Negligently describing food falsely); or
(c)section 24 (Misleading conduct relating to sale of food); or
(d)section 27 (3) or (4) (Compliance with food standards code).
(2)It is not an offence if the defendant—
(a)conducted a business concerned mainly with the publication of advertisements; and
(b)published or arranged for the publication of the advertisement in the ordinary course of the business.
NoteThe defendant has an evidential burden in relation to the matters mentioned in s (2) (see Criminal Code, s 58).
(3)However, subsection (2) does not apply if the defendant—
(a)should reasonably have known that the publication of the advertisement was an offence; or
(b)had previously been told in writing by an authorised officer that publication of such an advertisement would be an offence; or
(c)is the proprietor of a food business or is otherwise engaged in the conduct of a food business for which the advertisement was published.
Defence relating to food for export
(1)This section applies to a prosecution for an offence against this part if the offence involves contravention of a provision about food in the food standards code.
(2)It is not an offence if—
(a)the food is to be exported to another country; and
(b)the food complies with the laws (the foreign laws) in force at the time of the offence in the place to which the food is to be exported; and
(c)the foreign laws deal with the same subject matter as the provision of the food standards code.
NoteThe defendant has an evidential burden in relation to the matters mentioned in s (2) (see Criminal Code, s 58).
(3)However, subsection (2) does not apply to food originally intended for export but sold in the ACT.
Defence of appropriate diligence
(1)In a proceeding for an offence against this part, it is a defence if the defendant proves that the defendant took all reasonable precautions and exercised all appropriate diligence to prevent the commission of the offence by the defendant or by another person under the defendant’s control.
(2)Without limiting how the defendant may satisfy subsection (1), the defendant satisfies the subsection if the defendant proves—
(a)that the commission of the offence was caused by—
(i)an act or omission of another person; or
(ii)reliance on information supplied by another person; and
(b)that—
(i)the defendant carried out all checks of the food concerned as were reasonable in all the circumstances; or
(ii)it was reasonable in all the circumstances to rely on checks carried out by the person who supplied the food concerned to the defendant; and
(c)that the defendant did not import the food into the ACT from another country; and
(d)for an offence involving the sale of food—
(i)that the defendant sold the food in the same condition as the defendant purchased it; or
(ii)that the defendant sold the food in a different condition to that in which the defendant purchased it, but that the difference did not result in a contravention of this Act; and
(e)that the defendant did not know and had no reason to suspect at the time of commission of the offence that the defendant’s act or omission was an offence against this part.
NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation, the food standards code and any approved code of practice (see Legislation Act, s 104).
(3)In subsection (2) (a):
another person does not include a person who was—
(a)an employee or agent of the defendant; or
(b)if the defendant is a corporation—an executive officer, employee or agent of the defendant.
(4)Without limiting how the defendant may satisfy subsection (1) or (2) (b) (i), the defendant satisfies the provision if the defendant proves—
(a)for an offence relating to a food business for which a food safety program is required to be prepared under a regulation—that the defendant complied with a food safety program for the food business that complies with the requirements of the regulations; or
(b)in any other case—that the defendant complied with a scheme (for example, a quality assurance program or an industry code of practice) that was—
(i)designed to manage food safety hazards and based on Australian national or international standards, codes or guidelines designed for that purpose; and
(ii)documented in some way.
Defence in relation to handling food
(1)This section applies to a prosecution for an offence against—
(a)section 16 (Knowingly handling food in unsafe way); or
(b)section 19 (Negligently handling food in unsafe way); or
(c)section 22 (1) (which is about handling food in a way that will, or is likely to, make it unsafe); or
(d)section 23 (1) (which is about handling food in a way that will, or is likely to, make it unsuitable).
(2)It is not an offence if the defendant caused the food to which the offence relates to be destroyed or disposed of immediately after the food was handled in the way that made it, or was likely to make it, unsafe or unsuitable.
NoteThe defendant has an evidential burden in relation to the matters mentioned in s (2) (see Criminal Code, s 58).
Defence in relation to sale of unfit equipment or packaging or labelling material
In a proceeding for an offence against section 26 (1) or (2) (Sale of unfit equipment or packaging or labelling material), it is a defence if the defendant proves that the defendant reasonably believed that the equipment or material concerned was not intended for use in relation to the handling of food.
Division 3.5 Other matters
Onus on defendant to prove certain statements about food
(1)This section applies to a proceeding for an offence against this part in which it is alleged that a statement on a package of food, or in an advertisement about food, that relates to the origin or composition of the food, or its therapeutic or nutritive properties, caused the food to be falsely described.
(2)If the defendant was responsible for making the statement, the onus of proving the correctness of the statement is on the defendant.
Alternative verdicts for handling food in unsafe way
(1)This section applies to a defendant charged with an offence against section 16 (Knowingly handling food in unsafe way).
(2)If the trier of fact is not satisfied that the defendant committed the offence but is satisfied that the defendant committed a lesser food handling offence, the trier of fact may find the defendant not guilty of the offence charged but guilty of the lesser food handling offence.
(3)In this section:
lesser food handling offence means an offence against—
(a)section 19 (Negligently handling food in unsafe way); or
(b)section 22 (1) (which is about handling food in a way that renders it unsafe etc).
Alternative verdicts for selling unsafe food
(1)This section applies to a defendant charged with an offence against section 17 (Knowingly selling unsafe food).
(2)If the trier of fact is not satisfied that the defendant committed the offence but is satisfied that the defendant committed a lesser food selling offence, the trier of fact may find the defendant not guilty of the offence charged but guilty of the lesser food selling offence.
(3)In this section:
lesser food selling offence means an offence against—
(a)section 20 (Negligently selling unsafe food); or
(b)section 22 (2) (which is about the sale of unsafe food etc).
Part 4Emergency powers
Definitions for pt 4
In this part:
dispose, of food, includes impound, isolate or destroy the food.
recall order means an emergency order requiring the recall or disposal, or both, of any food.
Making of emergency orders
The Minister may, in writing, make an order (an emergency order) if the Minister believes, on reasonable grounds, that the making of the order is necessary to—
(a)prevent or reduce the possibility of a serious danger to public health; or
(b)mitigate the adverse consequences of a serious danger to public health.
Nature of emergency orders
An emergency order may do 1 or more of the following:
(a)require the publication of warnings, in a form approved by the Minister, that a food is unsafe;
(b)prohibit the growing, raising, cultivation, picking, harvesting, collection or catching, from an area, of a food or other primary produce intended to be used for human consumption;
(c)prohibit a food from being advertised or sold;
(d)direct that a food consigned or distributed for sale or sold be recalled and state how, and the period within which, the recall is to be conducted;
(e)direct that a food or other primary produce intended to be used for human consumption be disposed of and state how the disposal is to be done;
(f)prohibit absolutely the carrying on of an activity in relation to a food, or permit the carrying on of the activity in accordance with conditions stated in the order;
(g)without limiting paragraph (f), impose conditions relating to the taking and analysis of samples of the food or of water, soil or anything else that is part of the environment in which the activity is carried on in relation to the food;
(h)state methods of analysis (not inconsistent with any methods prescribed by the food standards code) of any samples required to be taken in accordance with the order.
Note 1An order may be made in relation to a particular type of food (see Legislation Act, s 48).
Note 2The power to make an instrument includes the power to amend or repeal the instrument (see Legislation Act, s 46).
Special provisions relating to recall orders
(1)A recall order may require a person bound by the order to disclose to the public (or a stated part of the public), in a stated way, 1 or more of the following:
(a)the food to be recalled or disposed of;
(b)the reasons why the food is considered to be unsafe;
(c)the circumstances in which consumption of the food is unsafe;
(d)procedures for disposing of the food.
(2)A person who is required by a recall order to conduct a recall of food must give written notice to the chief health officer of the completion of the recall as soon as practicable after its completion.
(3)A person bound by a recall order is liable for any cost incurred by or on behalf of the Territory in relation to the recall order and the cost is taken to be a debt owing to the Territory.
(4)In a proceeding for the recovery of the debt, a certificate signed by the chief health officer stating the amount of the costs, and how they were incurred, is evidence of the matters stated in the certificate.
How orders are made
(1)An emergency order may be addressed to—
(a)the person or people intended to be bound by it; or
(b)several people, a class of people, or all people.
(2)A copy of an emergency order mentioned in subsection (1) (a) must be served on the person or people intended to be bound by it.
NoteFor how documents may be served, see the Legislation Act, pt 19.5.
(3)As soon as practicable after an emergency order mentioned in subsection (1) (b) is made, the Minister must give public notice of the order in a way that, in the Minister’s opinion, will be most likely to bring the order to the attention of the people to be bound by it.
NotePublic notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act, dict, pt 1).
(4)The public notice must set out—
(a)the terms of the emergency order; and
(b)the people to be bound by it.
(5)An emergency order, when it takes effect, is binding on the person or people to whom it is addressed.
(6)An emergency order that is served on a person takes effect when it is served on the person.
(7)An emergency order that is notified under subsection (3) takes effect at the beginning of the 1st day when the order is notified under that subsection.
(8)An order expires at the end of 90 days after the day when it takes effect unless it is sooner revoked.
(9)Subsection (8) does not prevent a further order being made in the same terms as an order that has expired.
Operation of emergency orders
(1)A person bound by an emergency order may apply to the Supreme Court for an order staying or otherwise affecting the operation of the order.
(2)The Supreme Court may make an order staying or otherwise affecting the operation of an emergency order only if satisfied that the making of the order will not—
(a)create or increase the possibility of a serious danger to public health; or
(b)aggravate the adverse consequences of a serious danger to public health.
(3)In deciding whether to make an order under this section, the Supreme Court must have regard to section 44 (Compensation for emergency order).
Contravening emergency order
(1)A person commits an offence if the person engages in conduct that contravenes a prohibition, direction, condition or requirement of an emergency order applying to the person.
Maximum penalty: 500 penalty units.
(2)In this section:
emergency order includes an emergency order as affected by an order of the Supreme Court under section 42 (Operation of emergency orders).
Compensation for emergency order
(1)This section applies if—
(a)a person was bound by an emergency order; and
(b)the person suffers loss or damage because of the making of the order; and
(c)the person considers that there were insufficient grounds for the making of the order.
(2)The person may apply in writing, with reasons for the application, to the Minister for compensation.
(3)If there were insufficient grounds for the making of the order, the Territory must pay reasonable compensation to the person.
(4)However, compensation is not payable to the person—
(a)in relation to any loss or damage suffered by the person because of an act or omission of the person; or
(b)if the person caused or contributed to the danger to public health because of which the emergency order was made.
(5)The Minister must—
(a)decide whether to pay any compensation to the person and, if so, the amount of the compensation; and
(b)give the person written notice of the Minister’s decision.
(6)If the Minister has not decided the application within 28 days after the day the Minister received the application, the Minister is taken to have refused to pay any compensation.
Part 5Inspection and seizure powers
Division 5.1 General
Definitions for pt 5
In this part:
connected—a thing is connected with an offence if—
(a)the offence has been committed in relation to it; or
(b)it will provide evidence of the commission of the offence; or
(c)it was used, is being used, or is intended to be used, to commit the offence.
occupier, of premises, includes—
(a)a person believed, on reasonable grounds, to be an occupier of the premises; and
(b)a person apparently in charge of the premises.
Note The dictionary defines premises as including land and a vehicle.
offence includes an offence that there are reasonable grounds for believing has been, is being, or will be committed.
place of seizure—see section 52 (6) (a) (Power to seize things).
Division 5.2 Powers of authorised officers generally
Power to enter premises
(1)For this Act, an authorised officer may—
(a)at any reasonable time, enter premises that the authorised officer believes, on reasonable grounds, are—
(i)premises used in relation to the handling of food intended for sale or the sale of food; or
(ii)premises where there are documents relating to the handling of food intended for sale, the sale of food or equipment; or
(b)at any reasonable time, enter premises that the public is entitled to use or that are open to the public (whether or not on payment of money); or
(c)at any time, enter premises with the occupier’s consent; or
(d)enter premises in accordance with a warrant under this part; or
(e)at any time, enter premises if the authorised officer believes, on reasonable grounds, that the circumstances are of such seriousness and urgency as to require immediate entry to the premises without the authority of a warrant.
Note 1The dictionary defines premises as including land and a vehicle.
Note 2Fees may be determined under s 150 for an inspection of premises under this section.
(2)However, subsection (1) (a) does not authorise entry into any part of premises that is being used solely for residential purposes except if that part of the premises is being used for—
(a)the preparation or service of meals provided with paid accommodation; or
(b)the preparation of food intended for sale or the sale of food.
Example—par (b)
a food catering service conducted from a house
(3)For subsection (1), an authorised officer may stop and detain a vehicle that the officer believes, on reasonable grounds, is—
(a)a food transport vehicle; or
(b)a vehicle where there are documents relating to the handling of food intended for sale, the sale of food or equipment.
(4)For subsection (3), the authorised officer—
(a)may exercise the authorised officer’s powers in relation to the vehicle in a place to which the public has access to; and
(b)must not detain the vehicle for longer than is reasonably necessary to exercise the authorised officer’s powers under this part.
(5)An authorised officer may, without the occupier’s consent, enter the land around premises to ask for consent to enter the premises.
(6)To remove any doubt, an authorised officer may enter premises under subsection (1) without payment of any entry fee or other charge.
(7)For subsection (1) (e), the authorised officer may enter the premises with any necessary assistance and force.
(8)In this section:
at any reasonable time means at any time—
(a)for subsection (1) (a) (i)—during normal business hours or any other time when the premises are being used in relation to the handling of food intended for sale or the sale of food; or
(b)for subsection (1) (a) (ii)—during normal business hours; or
(c)for subsection (1) (b)—at any time that the public is entitled to use the premises, or that the premises are open to or used by the public, (whether or not on payment of money).
Production of identity card
An authorised officer must not remain on premises entered under this part if the authorised officer does not produce his or her identity card for inspection when asked by the occupier.
Consent to entry
(1)When seeking the consent of an occupier for entering premises under section 46 (1) (c) (Power to enter premises), an authorised officer must—
(a)produce his or her identity card; and
(b)tell the occupier—
(i)the purpose of the entry; and
(ii)that anything found and seized under this part may be used in evidence in court; and
(iii)that consent may be refused.
(2)If the occupier consents, the authorised officer must ask the occupier to sign a written acknowledgment (an acknowledgment of consent)—
(a)that the occupier was told—
(i)the purpose of the entry; and
(ii)that anything found and seized under this part may be used in evidence in court; and
(iii)that consent may be refused; and
(b)that the occupier consented to the entry; and
(c)stating the time, and date, when consent was given.
(3)If the occupier signs an acknowledgment of consent, the authorised officer must immediately give a copy to the occupier.
(4)A court must find that an occupier of premises did not consent to an entry to the premises by an authorised officer under this part if—
(a)the question whether the occupier consented to the entry arises in a proceeding in the court; and
(b)an acknowledgment of consent for the entry is not produced in evidence for the entry; and
(c)it is not proved that the occupier consented to the entry.
Warrants
(1)An authorised officer may apply to a magistrate for a warrant to enter premises.
(2)The application must be sworn and state the grounds on which the warrant is sought.
(3)The magistrate may refuse to consider the application until the authorised officer gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.
(4)The magistrate may issue a warrant only if satisfied there are reasonable grounds for suspecting—
(a)there is a particular thing or activity connected with an offence against this Act; and
(b)the thing or activity is at the premises, or may be at the premises within the next 14 days.
(5)The warrant must state—
(a)that an authorised officer may, with any necessary assistance and force, enter the premises and exercise the authorised officer’s powers under this part; and
(b)the offence for which the warrant is issued; and
(c)the things that may be seized under the warrant; and
(d)the hours when the premises may be entered; and
(e)the date, within 14 days after the warrant’s issue, the warrant ends.
Warrants—application made other than in person
(1)An authorised officer may apply for a warrant by phone, fax, radio or other form of communication if the authorised officer considers it necessary because of—
(a)urgent circumstances; or
(b)other special circumstances.
(2)Before applying for the warrant, the authorised officer must prepare an application stating the grounds on which the warrant is sought.
(3)The authorised officer may apply for the warrant before the application is sworn.
(4)After issuing the warrant, the magistrate must immediately provide a written copy to the authorised officer if it is practicable to do so.
(5)If it is not practicable to provide a written copy to the authorised officer—
(a)the magistrate must—
(i)tell the authorised officer what the terms of the warrant are; and
(ii)tell the authorised officer the date and time the warrant was issued; and
(b)the authorised officer must complete a form of warrant (the warrant form) and write on it—
(i)the magistrate’s name; and
(ii)the date and time the magistrate issued the warrant; and
(iii)the warrant’s terms.
(6)The written copy of the warrant, or the warrant form properly completed by the authorised officer, authorises the entry and the exercise of the authorised officer’s powers under this part.
(7)The authorised officer must, at the first reasonable opportunity, send to the magistrate—
(a)the sworn application; and
(b)if the authorised officer completed a warrant form—the completed warrant form.
(8)On receiving the documents, the magistrate must attach them to the warrant.
(9)A court must find that a power exercised by an authorised officer was not authorised by a warrant under this section if—
(a)the question arises in a proceeding before the court whether the exercise of power was authorised by a warrant; and
(b)the warrant is not produced in evidence; and
(c)it is not proved that the exercise of power was authorised by a warrant under this section.
General powers of authorised officers
(1)An authorised officer who enters premises (including a vehicle) under this part may, for this Act, do 1 or more of the following in relation to the premises or anything on the premises:
(a)examine any food sold or intended for sale or any equipment;
(b)examine and copy, or take extracts from, any documents relating to food intended for sale, the sale of food or equipment;
(c)examine and copy, or take extracts from, any packaging, labelling or advertising material;
(d)examine any system of work in or on the premises;
(e)examine anything else in or on the premises;
(f)open (or require to be opened) any container or package that the authorised officer believes, on reasonable grounds—
(i)contains any food sold or intended for sale or any equipment; or
(ii)is used in relation to the transport of food;
(g)open or operate (or require to be opened or operated) any equipment;
(h)subject to part 6 (Taking and analysis of food samples), take for analysis samples of any food sold or intended for sale;
(i)take for analysis samples of water, soil or anything else that is part of the environment in which food is handled to find out whether that environment poses a risk to the safety of the food for human consumption;
(j)take for analysis samples of or from anything else in or on the premises;
(k)conduct any other examination to find out whether this Act (including the food standards code) is being complied with;
(l)take measurements, conduct tests and make sketches, drawings or any other kind of record (including photographs, films, or audio, video or other recordings);
(m)under section 52 (Power to seize things), seize a thing in or on the premises;
(n)require the occupier, or a person on the premises, to provide information, answer questions, or produce documents or anything else, reasonably needed for the authorised officer’s functions under this Act;
(o)require the occupier, or a person on the premises, to give the authorised officer reasonable assistance to exercise a power under this part.
Note 1The dictionary defines examine as including inspect, weigh, count, test or measure.
Note 2 A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation, the food standards code and any approved code of practice (see Legislation Act, s 104).
(2)A person commits an offence if the person fails to take reasonable steps to comply with a requirement made of the person under subsection (1) (n) or (o).
Maximum penalty: 50 penalty units.
NoteThe Legislation Act, s 170 and s171 deal with the application of the privilege against self-incrimination and client legal privilege.
(3)An offence against this section is a strict liability offence.
(4)An authorised officer may exercise any of the powers mentioned in subsection (1) (a) to (o) in relation to food in a public place that the officer suspects, on reasonable grounds, is food sold or intended for sale (whether or not the food was sold or intended for sale in the public place).
(5)This Act applies in relation to the exercise of a power under subsection (4) as if—
(a)the public place were premises entered by the authorised officer under this part; and
(b)the proprietor of the food business concerned were the occupier of the premises; and
(c)all other necessary changes were made.
(6)Without limiting subsection (5), if a person is required to do something by an authorised officer under subsection (4), the person is not obliged to comply with the requirement if the authorised officer does not produce his or her identity card for inspection when asked by the person.
Power to seize things
(1)An authorised officer who enters premises under this part with the occupier’s consent may seize a thing in or on the premises if—
(a)the authorised officer is satisfied, on reasonable grounds, that the thing is connected with an offence against this Act; and
(b)seizure of the thing is consistent with the purpose of the entry as told to the occupier when seeking the occupier’s consent.
(2)An authorised officer who enters premises under a warrant issued under this part may seize anything in or on the premises that the authorised officer is authorised to seize under the warrant.
(3)An authorised officer who enters premises under this part (whether with the occupier’s consent, under a warrant or otherwise) may seize anything in or on the premises if satisfied, on reasonable grounds, that—
(a)the thing is connected with an offence against this Act; and
(b)the seizure is necessary to prevent the thing from being—
(i)concealed, lost or destroyed; or
(ii)used to commit, continue or repeat the offence.
(4)Also, an authorised officer who enters premises under this part (whether with the occupier’s consent, under a warrant or otherwise) may seize any food in or on the premises if satisfied, on reasonable grounds, that the food—
(a)is unsafe or unsuitable; or
(b)consists partly or completely of decomposed, filthy, putrid or spoiled matter; or
(c)otherwise poses an immediate risk to health or property.
(5)The powers of an authorised officer under subsection (3) or (4) are additional to any powers of the authorised officer under subsection (1) or (2) or any other territory law.
(6)Having seized a thing, an authorised officer may—
(a)remove the thing from the premises where it was seized (the place of seizure) to another place; or
(b)leave the thing at the place of seizure but restrict access to it; or
(c)for food mentioned in subsection (4)—destroy or otherwise dispose of the food under section 53 (6) (Power to destroy decomposed food etc).
Example—how access may be restricted
The authorised officer may—
(a) place the seized thing in a room or other enclosed area, compartment or cabinet at the place of seizure; and
(b) fasten and seal the door or opening providing access to the room, area, compartment or cabinet; and
(c) mark the door or opening in a way that indicates that access to it has been restricted under this Act.
(7)A person commits an offence if the person interferes with a seized thing, or anything containing a seized thing, to which access has been restricted under subsection (6).
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
NoteAn authorised officer may seize a thing in a public place under this section and this part applies to the thing seized, see s 51 (4) to (6).
(8)Subsection (7) does not apply if the person has an authorised officer’s approval to interfere with the thing.
Power to destroy decomposed food etc
(1)This section applies to food inspected or seized under this part by an authorised officer if the authorised officer is satisfied, on reasonable grounds, that the food—
(a)is unsafe or unsuitable; or
(b)consists partly or completely of decomposed, filthy, putrid or spoiled matter; or
(c)otherwise poses an immediate risk to health or property.
(2)The authorised officer may direct the proprietor of the food business concerned to destroy or otherwise dispose of the food.
(3)The direction may state 1 or more of the following:
(a)how the food must be destroyed or otherwise disposed of;
(b)how the food must be kept until it is destroyed or otherwise disposed of;
(c)the period within which the food must be destroyed or otherwise disposed of.
(4)The proprietor of a food business commits an offence if the proprietor contravenes a direction given to the proprietor under subsection (2).
Maximum penalty: 50 penalty units.
(5)An offence against this section is a strict liability offence.
(6)Alternatively, if the food has been seized under this part, the authorised officer may destroy or otherwise dispose of the food.
(7)Costs incurred by or on behalf of the Territory in relation to the disposal of food under subsection (6) are a debt owing to the Territory by the proprietor of the food business.
Power to require name and address
(1)An authorised officer may require a person to state the person’s name and home address if the authorised officer believes on reasonable grounds that the person is committing or has just committed an offence against this Act.
NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
(2)The authorised officer must tell the person the reason for the requirement and, as soon as practicable, record the reason.
(3)The person may ask the authorised officer to produce his or her identity card for inspection by the person.
(4)A person commits an offence if—
(a)the authorised officer—
(i)tells the person the reason for the requirement made of the person under subsection (1); and
(ii)complies with any request made by the person under subsection (3); and
(b)the person fails to comply with the requirement.
Maximum penalty: 10 penalty units.
(5)An offence against this section is a strict liability offence.
Division 5.3 Return and forfeiture of things seized
Receipt for things seized
(1)As soon as practicable after a thing is seized by an authorised officer under this part, the authorised officer must give a receipt for it to the person from whom it was seized.
(2)If, for any reason, it is not practicable to comply with subsection (1), the authorised officer must leave the receipt, secured conspicuously, at the place of seizure.
(3)A receipt under this section must include the following:
(a)a description of the thing seized;
(b)an explanation why the thing was seized;
(c)an explanation of the person’s right to apply to a court under section 58 (Application for order disallowing seizure) for an order disallowing the seizure;
(d)if the thing is removed from the premises where it is seized—where the thing is to be taken to;
(e)the authorised officer’s name, business address and telephone number.
Access to things seized
(1)This section applies to a document or anything else seized under this part (other than to food mentioned in section 52 (4) (which is about the seizure of contaminated or putrid food etc)).
(2)If asked by a person who would be entitled to inspect the thing if it were not seized under this part, an authorised officer must allow the person, at any reasonable time—
(a)for a document—to inspect it, take extracts from it or make copies of it; and
(b)for anything else—inspect it.
Return of things seized
(1)A thing seized under this part must be returned to its owner, or reasonable compensation must be paid to the owner by the Territory for the loss of the thing, if—
(a)an infringement notice for an offence relating to the thing is not served on its owner within 6 months after the day of the seizure and either—
(i)a prosecution for an offence relating to the thing is not begun within the 6 month period; or
(ii)a prosecution for an offence relating to the thing is begun within the 6 month period and the court does not find the offence proved; or
(b)an infringement notice for an offence relating to the thing is served on its owner within 6 months after the day of the seizure, the infringement notice is withdrawn and either—
(i)a prosecution for an offence relating to the thing is not begun within 6 months after the day of the seizure; or
(ii)a prosecution for an offence relating to the thing is begun within 6 months after the day of the seizure and the court does not find the offence proved; or
(c)an infringement notice for an offence relating to the thing is served on its owner within 6 months after the day of the seizure, liability for the offence is disputed in accordance with the Magistrates Court Act 1930, section 132 (Disputing liability for infringement notice offence) and either—
(i)an information is not laid in the Magistrates Court against the person for the offence within 60 days after the day the person gives notice under section 132 that liability is disputed; or
(ii)the Magistrates Court does not find the offence proved; or
(d)before the thing is forfeited to the Territory under section 61 (Forfeiture of seized things), the chief health officer—
(i)becomes satisfied that there has been no offence against this Act with which the thing was connected; or
(ii)decides not to prosecute the offence.
(2)However, this section does not apply—
(a)to food mentioned in section 52 (4) (which is about the seizure of contaminated or putrid food etc); or
(b)if the chief health officer believes, on reasonable grounds, that the only practical use of the thing in relation to a food business would be an offence against this Act.
Application for order disallowing seizure
(1)A person claiming to be entitled to anything seized under this part (other than to food mentioned in section 52 (4) (which is about the seizure of contaminated or putrid food etc)) may apply to the Magistrates Court within 10 days after the day of the seizure for an order disallowing the seizure.
(2)An application under subsection (1) may be heard only if the applicant has served a copy of the application on the chief health officer.
(3)The chief health officer is entitled to appear as respondent at the hearing of an application.
Order for return of seized thing
(1)This section applies if a person claiming to be entitled to anything seized under this part applies to the Magistrates Court under section 58 for an order disallowing the seizure.
(2)The Magistrates Court must make an order disallowing the seizure if—
(a)it is proved that the applicant would, apart from the seizure, be entitled to the return of the seized thing; and
(b)it is not proved there is an offence against this Act with which the thing is connected.
(3)The Magistrates Court may also make an order disallowing the seizure if satisfied there are exceptional circumstances justifying the making of the order.
(4)If the Magistrates Court makes an order disallowing the seizure, the court may make 1 or more of the following ancillary orders:
(a)an order directing the chief health officer to return the thing to the applicant or to someone else that appears to be entitled to it;
(b)if the thing cannot be returned or has depreciated in value because of the seizure—an order directing the Territory to pay reasonable compensation;
(c)an order about the payment of costs in relation to the application.
(5)The awarding of costs is at the discretion of the Magistrates Court.
(6)If the Magistrates Court makes an order for the payment of compensation or for costs, the order is enforceable as a judgment of the court.
Adjournment pending hearing of other proceedings
(1)This section applies to the hearing of an application under section 58 (Application for order disallowing seizure).
(2)If it appears to the Magistrates Court that the seized thing is required to be produced in evidence in a pending proceeding in relation to an offence against a territory law, the court may, on the application of the chief health officer or its own initiative, adjourn the hearing until the conclusion of that proceeding.
Forfeiture of seized things
(1)This section applies if—
(a)anything seized under this part has not been destroyed or otherwise disposed of under section 53 (Power to destroy decomposed food etc) or returned under section 57 (Return of things seized); and
(b)an application for disallowance of the seizure under section 58 (Application for order disallowing seizure)—
(i)has not been made within 10 days after the day of the seizure; or
(ii)has been made within that period, but the application has been refused or has been withdrawn before a decision in relation to the application had been made.
(2)If this section applies to the seized thing—
(a)it is forfeited to the Territory; and
(b)it may be sold, destroyed or otherwise disposed of as the chief health officer directs.
Return of forfeited things
(1)This section applies to a thing forfeited under section 61 that has not been disposed of in a way that would prevent its return.
(2)If the chief health officer becomes satisfied that there has been no offence against this Act with which the thing was connected, the chief health officer must, as soon as practicable, return the thing to the person from whom it was seized or someone else who appears to the chief health officer to be entitled to it.
(3)On its return, any proprietary and other interests in the thing that existed immediately before its forfeiture are restored.
Cost of disposal of things forfeited
(1)This section applies if—
(a)a person is convicted, or found guilty, of an offence against this Act in relation to a thing forfeited to the Territory under this part; and
(b)the thing was connected with an offence against this Act; and
(c)the person was the owner of the thing immediately before its forfeiture.
(2)If this section applies, costs incurred by or on behalf of the Territory in relation to the lawful disposal of the thing (including storage costs) are a debt owing to the Territory by the person.
Division 5.4 Miscellaneous
Damage etc to be minimised
(1)In the exercise, or purported exercise, of a function under this part, an authorised officer must take all reasonable steps to ensure that the authorised officer, and any person assisting the authorised officer, causes as little inconvenience, detriment and damage as is practicable.
(2)If an authorised officer, or a person assisting an authorised officer, damages anything in the exercise or purported exercise of a function under this part, the authorised officer must give written notice of the particulars of the damage to the person whom the authorised officer believes, on reasonable grounds, is the owner of the thing.
(3)If the damage happens on premises entered under this part in the absence of the occupier, the notice may be given by securing it in a conspicuous place on the premises.
Compensation to be paid in certain circumstances
(1)A person may claim compensation from the Territory if the person suffers loss or expense because of the exercise, or purported exercise, of a function under this part by an authorised officer or a person assisting an authorised officer.
(2)Compensation may be claimed and ordered in a proceeding for—
(a)compensation brought in a court of competent jurisdiction; or
(b)an order under section 58 (Application for order disallowing seizure); or
(c)an offence against this Act brought against the person making the claim for compensation.
(3)A court may order the payment of reasonable compensation for the loss or expense only if it is satisfied it is just to make the order in the circumstances of the particular case.
(4)A regulation may prescribe matters that may, must or must not be taken into account by the court in considering whether it is just to make the order.
Part 6Taking and analysis of food samples
Samples for routine monitoring of Act
This part does not prevent an authorised officer from buying a sample of food for analysis for the routine monitoring of compliance with this Act without complying with the requirements of this part.
NoteFor the admissibility of the analysis of a sample of food taken by an authorised officer, see s 135.
Other samples—proprietor to be told sample to be analysed
(1)This section applies if an authorised officer proposes to take, or takes, a sample of food from a food business for analysis.
(2)Before or as soon as practicable after taking the sample, the authorised officer must tell the proprietor of the food business or, if the proprietor is not present or readily available, the person from whom the sample was obtained or who was in charge of the food from which the sample was taken, of the authorised officer’s intention to have the sample analysed.
(3)However, this section does not apply if the authorised officer obtains the sample from a vending machine and the authorised officer cannot identify anyone who appears to be in charge of the machine at the time the sample is obtained.
Payment for samples
(1)This section applies if an authorised officer takes a sample of food from a food business for analysis.
(2)The authorised officer must pay to the person from whom the sample is taken, or tender payment to that person of—
(a)the amount prescribed by regulation as the amount payable for the sample; or
(b)if no amount is prescribed—the current market value of the sample.
(3)However, this section does not apply if the authorised officer obtains the sample from a vending machine by paying for it.
Samples from packaged food
(1)This section applies to food that is contained in a closed package intended for retail sale.
(2)An authorised officer who takes a sample of the food for analysis must take the entire package unless the package contains 2 or more smaller packages of the same food.
Procedures for dividing food samples
(1)This section applies to a sample of food taken by an authorised officer for analysis except to the extent that the food standards code otherwise provides.
(2)An authorised officer who takes a sample of food for analysis must, unless subsection (3) or (4) apply in relation to the sample—
(a)divide the sample into 3 separate parts, and mark and seal or fasten each part in a way that its nature allows; and
(b)leave 1 part with the person told under section 73 (2) (Other samples—proprietor to be told sample to be analysed) of the authorised officer’s intention to have the sample analysed; and
(c)keep 1 of the remaining parts for analysis; and
(d)keep the remaining part for future comparison with the other parts of the sample.
(3)If a sample of food taken by an authorised officer is in the form of separate or severable objects, the authorised officer—
(a)may take a number of the objects; and
(b)if the authorised officer takes a number of the objects, must—
(i)divide them into 3 parts each consisting of 1 or more of the objects, or of the severable parts of the objects, and mark and either seal or fasten each part; and
(ii)deal with the sample under subsection (2) (b) to (d).
(4)The authorised officer may comply with subsection (5) if the division of a sample of food into 3 separate parts would, in the authorised officer’s opinion—
(a)so affect or impair the composition or quality of the sample as to make the separate parts unsuitable for accurate analysis; or
(b)result in the separate parts being of an insufficient size for accurate analysis; or
(c)otherwise make the sample unsuitable for analysis (including a method of analysis prescribed by regulation in relation to the food from which the sample was taken).
(5)If subsection (4) applies in relation to a sample of food, the authorised officer may take as many samples as the authorised officer considers necessary to allow an accurate analysis to be made and may deal with the sample or samples in any way that is appropriate in the circumstances.
Publication of details of food businesses related to offences
(1)In this section:
representative of the person means—
(a)if the person is an individual—an employee or agent of the person; or
(b)if the person is a corporation—an employee, agent or executive officer of the person.
(2)This section applies to a person if the person, or a representative of the person, is convicted, or found guilty, of an offence against this Act in relation to the handling of food intended for sale or the sale of food.
(3)The chief health officer—
(a)must publish a notice about the conviction, or finding of guilt, on a register kept by the chief health officer; and
(b)if the chief health officer considers it in the public interest—may give public notice about the conviction, or finding of guilt.
NotePublic notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act, dict, pt 1).
(4)A notice published on the register may be kept on the register for not more than 2 years.
(5)The chief health officer may—
(a)correct any mistake, error or omission in the register, subject to any requirements prescribed by regulation; and
(b)change a detail included in the register to keep the register up‑to-date.
(6)The register—
(a)may be kept in any form the chief health officer considers appropriate; and
(b)must, as far as practicable, be available for public inspection, free of charge, during normal business hours on any business day.
(7)A notice may contain—
(a)the person’s name; and
(b)the business name under which the person conducts the food business in relation to which the offence was committed; and
(c)the address of the food business concerned; and
(d)a description of the offence, the decision of the court and the penalty imposed on the person or a representative of the person (including the forfeiture of anything under this Act); and
(e)any other information in relation to the safety of the food concerned that the chief health officer considers is appropriate.
(8)A notice must be published after—
(a)the time for making an appeal against the conviction, or finding of guilt, ends without an application for an appeal being made; or
(b)if an appeal is made against the conviction or finding of guilt—the defendant’s conviction, or the finding of guilt, is confirmed on appeal, and the time for making any further appeal in relation to the conviction or finding of guilt ends without an application for an appeal being made; or
(c)if on appeal a court directs that the defendant be retried and the defendant is convicted, or found guilty, of an offence against this Act—paragraph (a) or (b) applies to that conviction or finding of guilt.
NoteA notice must be published as soon as possible after the time mentioned in s (8) (a), (b) or (c) (whichever applies) (see Legislation Act, s 151B).
(9)No liability is incurred by a person or the Territory for publishing honestly—
(a)a notice under this section; or
(b)a fair report or summary of such a notice.
Codes of practice
(1)The Minister may approve codes of practice setting out minimum standards or guidelines for this Act.
(2)An approved code of practice may apply, adopt or incorporate a law or instrument, or a provision of a law or instrument, as in force from time to time.
Note 1The text of an applied, adopted or incorporated law or instrument, whether applied as in force from time to time or as at a particular time, is taken to be a notifiable instrument if the operation of the Legislation Act, s 47 (5) or (6) is not disapplied (see s 47 (7)).
Note 2A notifiable instrument must be notified under the Legislation Act.
(3)An approval of a code of practice is a disallowable instrument.
NoteA disallowable instrument must be notified and presented to the Legislative Assembly, under the Legislation Act.
(4)A person commits an offence if the person fails to comply with a code of practice for—
(a)handling food intended for sale; or
(b)the sale of food; or
(c)equipment.
Maximum penalty: 50 penalty units.
(5)An offence against this section is a strict liability offence.
(6)In this section:
law includes a law of another jurisdiction.
Determination of fees
(1)The Minister may determine fees for this Act.
NoteThe Legislation Act contains provisions about the making of determinations and regulations relating to fees (see pt 6.3).
(2)A determination is a disallowable instrument.
NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
Regulation-making power
(1)The Executive may make regulations for this Act.
NoteA regulation must be notified, and presented to the Legislative Assembly, under the Legislation Act.
(2)A regulation may make provision in relation to—
(a)the preparation, carrying out, maintenance and monitoring of food safety programs for food businesses to ensure that the provisions of this Act (including the food standards code) are complied with; and
(b)the requirements for eligibility to become, or remain, a food safety supervisor; and
(c)the functions of food safety supervisors; and
(d)any other matter relating to the management or conduct of food safety supervisors.
(3)A regulation may apply, adopt or incorporate a law or instrument, or a provision of a law or instrument, as in force from time to time.
(4)A regulation may prescribe offences for contraventions of a regulation and prescribe maximum penalties of not more than 20 penalty units for offences against a regulation.
(5)In this section:
law includes a law of another jurisdiction.
Temporary emergency regulations
(1)A regulation may be made under this section that contain provisions that are in addition to, or in substitution for, 1 or more of the provisions of the food standards code as the provisions of the code apply in the ACT.
(2)A regulation mentioned in subsection (1) may be made only if the Minister has certified that the regulation is necessary as it relates to an issue of public health and safety.
(3)A provision of a regulation mentioned in subsection (1) does not continue in force—
(a)except as provided by paragraph (b)—for longer than 1 year; or
(b)if the provision is the same in substance as a provision of a regulation that was previously in force under this Act—for a period that, when added to the period for which that previous provision was in force, is longer than 1 year.
Schedule 1Reviewable decisions
(see pt 11)
| column 1 item | column 2 provision | column 3 decision | column 4 entity |
| 1 | 44 (5) | Minister—refuse to pay compensation, or amount of compensation paid, for emergency order | applicant for compensation |
| 2 | 86 | authorised officer—refuse to issue clearance certificate | proprietor of food business |
| 3 | 88 (5) | Minister—refuse to pay compensation, or amount of compensation paid, for prohibition order | applicant for compensation |
| 4 | 92 (3) | chief health officer—register/refuse to register food business | applicant for registration |
| 5 | 93 (2) | chief health officer—renew/refuse to renew registration of food business | proprietor of food business |
| 6 | 94 (1) | chief health officer—register/renew registration of food business subject to condition | applicant for registration or renewal of registration |
| 7 | 94 (2) | chief health officer—amend registration of food business to impose condition or amend/revoke existing condition | proprietor of registered food business |
| 8 | 97 (4) | chief health officer—refuse to amend registration of food business | applicant for amendment of registration |
| 9 | 101 (3) | chief health officer—suspend/cancel registration of food business/length of suspension of registration of food business/ impose condition or amend existing condition | proprietor of registered food business |
| 10 | 102 | chief health officer—suspend registration of food business | proprietor of registered food business |
Dictionary
(see s 4)
Note 1The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2For example, the Legislation Act, dict, pt 1, defines the following terms:
· ACAT
· chief health officer
· exercise
· found guilty
· function
· home address
· reviewable decision notice.
advertisement means—
(a)any words, whether written or spoken; or
(b)any pictorial representation or design; or
(c)any other representation by any means at all;
used or apparently used to promote, directly or indirectly, the sale of food.
analysis includes any examination or testing of food or anything else.
animal includes an amphibian, bird, crustacean, fish, mollusc or reptile.
approved code of practice means a code of practice approved under section 149 (1).
approved food safety training course, for part 9A (Food safety supervisors)—see section 116.
authorised analyst means an analyst under the Public Health Act 1997, section 15 who is authorised under that Act to exercise a function under this Act.
NoteAnalyst includes the government analyst (see Public Health Act 1997, dict).
authorised officer means a public health officer who is authorised under the Public Health Act 1997, section 12A (2) (Functions of public health officers) to exercise a function under this Act.
certificate of registration, for a food business, means a certificate of registration issued under section 96 (1) for the business.
clearance certificate means a clearance certificate issued under section 86 (2).
closure notice means a notice required under section 84A (2) (Display of closure notices).
Commonwealth Act means the Food Standards Australia New Zealand Act 1991 (Cwlth).
connected, with an offence, for part 5 (Inspection and seizure powers)—see section 45.
disciplinary notice—see section 101 (1) (Procedure for taking action in relation to registration).
displayed for sale—see section 9 (2) (Meaning of sell etc).
dispose, of food, for part 4 (Emergency powers)—see section 37.
emergency order—see section 38.
engage in conduct means—
(a) do an act; or
(b)omit to do an act.
equipment means all or part of—
(a)any utensil, machinery, instrument, device, apparatus or appliance that is used, or that is designed or intended for use, in relation to the handling of food; or
(b)any substance, utensil, machinery, instrument, device, apparatus or appliance that is used, or that is designed or intended for use, in cleaning anything mentioned in paragraph (a).
examine includes inspect, weigh, count, test or measure.
executive officer, of a corporation, means a person, by whatever name called and whether or not the person is a director of the corporation, who is concerned with, or takes part in, the corporation’s management.
falsely described, for part 3 (Offences relating to food)—see section 15 (False descriptions of food).
food—see section 8.
food authority—see the Commonwealth Act, section 4 (1), definition of authority.
NoteAuthority is defined to mean Food Standards Australia New Zealand.
food business—see section 10.
food business register—see section 105.
food safety standard—see the Commonwealth Act, section 4 (1), definition of standard.
food safety supervisor, for a registered food business, for part 9A (Food safety supervisors)—see section 116.
food safety training approval guidelines, for part 9A (Food safety supervisors)—see section 116.
food safety training course, for part 9A (Food safety supervisors)—see section 116.
food standards code—see section 13A.
food transport vehicle means a vehicle used for the transport of food intended for sale.
handling, of food, includes the making, manufacturing, producing, collecting, extracting, processing, storing, transporting, delivering, preparing, treating, preserving, packing, cooking, thawing, serving or displaying of food.
identity card means an identity card issued under the Public Health Act 1997, section 16.
improvement notice means an improvement notice served under section 79 (Service of improvement notices).
label includes any tag, brand, mark or statement in writing or any representation or design or other descriptive matter on or attached to or used or displayed in relation to or accompanying any food or package.
menu, for part 9 (Display of nutritional information for food)—see section 107.
occupier, for part 5 (Inspection and seizure powers)—see section 45.
offence, for part 5 (Inspection and seizure powers)—see section 45.
package includes any container or wrapper in or by which food intended for sale is completely or partly encased, covered, enclosed, contained or packed and, for food carried or sold or intended to be carried or sold in more than 1 package, includes every such package.
place of seizure, for part 5 (Inspection and seizure powers)—see section 52 (6) (a) (Power to seize things).
premises includes—
(a)land (whether or not vacant); or
(b)any part of a building, tent, stall or other structure (whether of a permanent or temporary nature); or
(c)a pontoon; or
(d)a food transport vehicle or any other vehicle.
primary food production—see section 11.
prohibition order means a prohibition order served under section 82.
proprietor, of a food business, means—
(a)the person conducting the food business; or
(b)if that person cannot be identified—the person in charge of the food business.
ready-to-eat food, for part 9 (Display of nutritional information for food)—see section 107.
recall order, for part 4 (Emergency orders)—see section 37.
registered, in relation to a food business, means registered under section 92.
registered training organisation, for part 9A (Food safety supervisors)—see section 116.
regulated event means an event declared under section 91.
reviewable decision, for part 11 (Notification and review of decisions)—see section 141A.
sell—see section 9 (1).
site, for a registered food business, for part 9A (Food safety supervisors)—see section 116.
standard food item, for part 9 (Display of nutritional information for food)—see section 108.
standard food outlet, for part 9 (Display of nutritional information for food)—see section 109.
statement of attainment, held by a person, for part 9A (Food safety supervisors)—see section 116.
unsafe, in relation to food—see section 12.
unsuitable, in relation to food—see section 13.
vehicle means any means of transport, whether or not self-propelled, and whether used on land or water or in the air.
Endnotes
About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
Abbreviation key
A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired
Legislation history
Food Act 2001 A2001‑66
notified 10 September 2001 (Gaz 2001 No S66)
s 1, s 2 commenced 10 September 2001 (IA s 10B)remainder commenced 10 March 2002 (s 2 and LA s 79)
as modified by
Food Regulations 2002 SL2002-10 (as am by SL2002‑14 reg 4, reg 5)
notified LR 7 May 2002
commenced 8 May 2002 (reg 2)
Food Amendment Regulations 2002 SL2002-14 reg 4, reg 5
notified LR 11 June 2002
commenced 11 June 2002 (reg 2)Note 1mod exp 10 March 2003 (SL2002‑10 reg 17)
Note 2This regulation only amends the Food Regulations 2002 SL2002-10.
as amended by
Statute Law Amendment Act 2002 A2002‑30 pt 3.31
notified LR 16 September 2002
s 1, s 2 taken to have commenced 19 May 1997 (LA s 75 (2))pt 3.31 commenced 17 September 2002 (s 2 (1))
Construction Occupations Legislation Amendment Act 2004
A2004‑13 sch 2 pt 2.13
notified LR 26 March 2004
s 1, s 2 commenced 26 March 2004 (LA s 75 (1))
sch 2 pt 2.13 commenced 1 September 2004 (s 2 and see Construction Occupations (Licensing) Act 2004 A2004-12, s 2 and CN2004-8)Criminal Code (Theft, Fraud, Bribery and Related Offences) Amendment Act 2004 A2004-15 sch 1 pt 1.17, sch 2 pt 2.38
notified LR 26 March 2004
s 1, s 2 commenced 26 March 2004 (LA s 75 (1))sch 1 pt 1.17, sch 2 pt 2.38 commenced 9 April 2004 (s 2 (1))
Statute Law Amendment Act 2004 A2004-42 sch 3 pt 3.9
notified LR 11 August 2004
s 1, s 2 commenced 11 August 2004 (LA s 75 (1))sch 3 pt 3.9 commenced 25 August 2004 (s 2 (1))
Statute Law Amendment Act 2005 A2005-20 sch 3 pt 3.23
notified LR 12 May 2005
s 1, s 2 taken to have commenced 8 March 2005 (LA s 75 (2))
sch 3 pt 3.23 commenced 12 November 2005 (s 2 (2) and LA s 79)Sentencing Legislation Amendment Act 2006 A2006-23 sch 1 pt 1.20
notified LR 18 May 2006
s 1, s 2 commenced 18 May 2006 (LA s 75 (1))
sch 1 pt 1.20 commenced 2 June 2006 (s 2 (1) and see Crimes (Sentence Administration) Act 2005 A2005-59 s 2, Crimes (Sentencing) Act 2005 A2005-58, s 2 and LA s 79)Health Legislation Amendment Act 2006 (No 2) A2006-46 sch 2 pt 2.6
notified LR 17 November 2006
s 1, s 2 commenced 17 November 2006 (LA s 75 (1))
sch 2 pt 2.6 commenced 18 November 2006 (s 2 (1))Statute Law Amendment Act 2007 (No 2) A2007-16 sch 3 pt 3.15
notified LR 20 June 2007
s 1, s 2 taken to have commenced 12 April 2007 (LA s 75 (2))sch 3 pt 3.15 commenced 11 July 2007 (s 2 (1))
Children and Young People (Consequential Amendments) Act 2008 A2008‑20 sch 2 pt 2.8, sch 3 pt 3.14
notified LR 17 July 2008
s 1, s 2 commenced 17 July 2008 (LA s 75 (1))
s 3 commenced 18 July 2008 (s 2 (1))
sch 2 pt 2.8 commenced 9 September 2008 (s 2 (3) and see Children and Young People Act 2008 A2008-19, s 2 and CN2008-13)sch 3 pt 3.14 commenced 27 October 2008 (s 2 (4) and see Children and Young People Act 2008 A2008-19, s 2 and CN2008-13)
Medicines, Poisons and Therapeutic Goods Act 2008 A2008-26 sch 2 pt 2.11
notified LR 14 August 2008
s 1, s 2 commenced 14 August 2008 (LA s 75 (1))sch 2 pt 2.11 commenced 14 February 2009 (s 2 and LA s 79)
Statute Law Amendment Act 2008 A2008-28 sch 3 pt 3.27
notified LR 12 August 2008
s 1, s 2 commenced 12 August 2008 (LA s 75 (1))sch 3 pt 3.27 commenced 26 August 2008 (s 2)
ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 (No 2) A2008-37 sch 1 pt 1.44
notified LR 4 September 2008
s 1, s 2 commenced 4 September 2008 (LA s 75 (1))
sch 1 pt 1.44 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)Statute Law Amendment Act 2009 (No 2) A2009-49 sch 3 pt 3.33
notified LR 26 November 2009
s 1, s 2 commenced 26 November 2009 (LA s 75 (1))sch 3 pt 3.33 commenced 17 December 2009 (s 2)
Food (Nutritional Information) Amendment Act 2011 A2011-32 pt 2 (as am by A2012‑4 sch 2 pt 2.1)
notified LR 5 September 2011
s 1, s 2 commenced 5 September 2011 (LA s 75 (1))pt 2 commenced 1 January 2013 (s 2)
Food Amendment Act 2012 A2012-4
notified LR 1 March 2012
s 1, s 2 commenced 1 March 2012 (LA s 75 (1))
ss 3-6, ss 8-10, s 13, sch 1, sch 2 pt 2.2 commenced 2 March 2012 (s 2 (1))sch 2 pt 2.1 commenced 1 January 2013 (s 2 (2) and see Food (Nutritional Information) Amendment Act 2011 A2011-32, s 2)
remainder commenced 1 September 2013 (s 2 (4))Statute Law Amendment Act 2013 (No 2) A2013-44 sch 3 pt 3.9
notified LR 11 November 2013
s 1, s 2 commenced 11 November 2013 (LA s 75 (1))sch 3 pt 3.9 commenced 25 November 2013 (s 2)
Training and Tertiary Education Amendment Act 2014 A2014‑48 sch 1 pt 1.10
notified LR 6 November 2014
s 1, s 2 commenced 6 November 2014 (LA s 75 (1))sch 1 pt 1.10 commenced 20 November 2014 (s 2)
Food Amendment Act 2014 A2014-57 pt 2
notified LR 4 December 2014
s 1, s 2 commenced 4 December 2014 (LA s 75 (1))
ss 7-9, ss 12-14, ss 27-29 commenced 1 January 2015 (s 2 and CN2014-17)pt 2 remainder commenced 20 April 2015 (s 2 and CN2014-17)
Red Tape Reduction Legislation Amendment Act 2015 A2015-33 sch 1 pt 1.29
notified LR 30 September 2015
s 1, s 2 commenced 30 September 2015 (LA s 75 (1))
sch 1 pt 1.29 commenced 14 October 2015 (s 2)Red Tape Reduction Legislation Amendment Act 2018 A2018-33 sch 1 pt 1.16
notified LR 25 September 2018
s 1, s 2 commenced 25 September 2018 (LA s 75 (1))
sch 1 pt 1.16 commenced 23 October 2018 (s 2 (4))Statute Law Amendment Act 2021 A2021-12 sch 3 pt 3.19
notified LR 9 June 2021
s 1, s 2 commenced 9 June 2021 (LA s 75 (1))
sch 3 pt 3.19 commenced 23 June 2021 (s 2 (1))Justice (Age of Criminal Responsibility) Legislation Amendment Act 2023 A2023-45 sch 1 pt 1.5
notified LR 15 November 2023
s 1, s 2 commenced 15 November 2023 (LA s 75 (1))
sch 1 pt 1.5 commenced 27 March 2024 (s 2 (2) (a))
Amendment history
Commencement
s 2om R1 LA
Offences against Act—application of Criminal Code etc
s 5Ains A2011‑32 s 4 (om by A2012‑4 amdt 2.1)
ins A2012‑4 amdt 1.1
Application of Act to primary food production
s 6am A2014‑57 s 4
Application of Act to water suppliers
s 7am A2012‑4 amdt 1.2; A2014‑57 s 5
Application of Act to certain food businesses
s 7Ains A2014‑57 s 6
Meaning of food
s 8am A2013‑44 amdt 3.93
Meaning of sell etc
s 9am A2006‑23 amdt 1.203; A2008‑20 amdt 2.19, amdt 3.28; A2023-45 amdt 1.29
Meaning of primary food production
s 11am A2013‑44 amdt 3.93
Meaning of food standards code
s 13Ains A2013‑44 amdt 3.78
False descriptions of food
s 15am A2012‑4 amdt 1.3; A2013‑44 amdt 3.79
Serious offences relating to food
div 3.2 hdgsub A2012‑4 amdt 1.4
Knowingly handling food in unsafe way
s 16sub A2012‑4 amdt 1.4
Knowingly selling unsafe food
s 17sub A2012‑4 amdt 1.4
Knowingly describing food falsely
s 18sub A2012‑4 amdt 1.4
Other offences relating to food
div 3.3 hdgsub A2012‑4 amdt 1.4
Negligently handling food in unsafe way
s 19sub A2012‑4 amdt 1.4
Negligently selling unsafe food
s 20sub A2012‑4 amdt 1.4
Negligently describing food falsely
s 21sub A2012‑4 amdt 1.4
Handling and sale of unsafe food
s 22sub A2012‑4 amdt 1.4
Handling and sale of unsuitable food
s 23sub A2012‑4 amdt 1.4
Misleading conduct relating to sale of food
s 24sub A2012‑4 amdt 1.4
Sale of food not complying with purchaser’s demand
s 25sub A2012‑4 amdt 1.4
Sale of unfit equipment or packaging or labelling material
s 26sub A2012‑4 amdt 1.4
Compliance with food standards code
s 27sub A2012‑4 amdt 1.4
Defence relating to publication of advertisements
s 28sub A2012‑4 amdt 1.5
Defence relating to food for export
s 29sub A2012‑4 amdt 1.5
Defence of appropriate diligence
s 30am A2013‑44 amdt 3.93
Defence in relation to handling food
s 31sub A2012‑4 amdt 1.5
Defence of mistaken and reasonable belief not available
s 33om A2012‑4 amdt 1.7
Alternative verdicts for handling food in unsafe way
s 35am A2012‑4 amdt 1.8
Alternative verdicts for selling unsafe food
s 36am A2012‑4 amdt 1.9
Nature of emergency orders
s 39am A2013‑44 amdt 3.79
Special provisions relating to recall orders
s 40am A2013‑44 amdt 3.79
How orders are made
s 41am A2002‑30 amdt 3.375; A2015‑33 amdt 1.90
Contravening emergency order
s 43sub A2012‑4 amdt 1.10
Warrants
s 49am A2004‑42 amdt 3.45
Warrants—application made other than in person
s 50am A2004‑42 amdt 3.46; A2018‑33 amdt 1.29, amdt 1.30
General powers of authorised officers
s 51am A2002‑30 amdt 3.376; A2012‑4 amdt 1.11; ss renum R19 LA; A2013‑44 amdt 3.79, amdt 3.80
Power to seize things
s 52am A2004‑42 amdt 3.47; A2012‑4 amdt 1.12
Power to destroy decomposed food etc
s 53am A2012‑4 amdt 1.13; ss renum R19 LA; A2013‑44 amdt 3.81
Power to require name and address
s 54sub A2012‑4 amdt 1.14
Return of things seized
s 57am A2005‑20 amdt 3.156
Order for return of seized thing
s 59am A2013‑44 amdt 3.81
Selfincrimination
s 64om A2002‑30 amdt 3.377
Legal professional privilege
s 65om A2002‑30 amdt 3.377
Providing false or misleading information
s 66om A2004‑15 amdt 2.86
Providing false or misleading documents
s 67om A2004‑15 amdt 2.86
Hindering or obstructing authorised officer
s 68om A2004‑15 amdt 2.86
Pretending to be an authorised officer
s 69om A2004‑15 amdt 2.86
Procedures for dividing food samples
s 76am A2008‑28 amdt 3.91; A2009‑49 amdt 3.75
Certificates of analysis by authorised analysts
s 78am A2008‑26 amdt 2.70; A2021-12 amdt 3.41
Service of improvement notices
s 79am A2002‑30 amdt 3.378
Contents of improvement notices
s 80am A2013‑44 amdt 3.81
Service of prohibition orders
s 82am A2002‑30 amdt 3.379
Contents of prohibition orders
s 83am A2013‑44 amdt 3.81
Scope of improvement notices and prohibition orders
s 84am A2004‑42 amdt 3.48; A2013‑44 amdt 3.81, amdt 3.82
Display of closure notices
s 84Ains A2012‑4 s 4
am A2014‑57 s 7, s 8
Contents of closure notices
s 84Bins A2012‑4 s 4
Proprietor to maintain closure notice
s 84Cins A2012‑4 s 4
sub A2014‑57 s 9
Contravention of improvement notices and prohibition orders
s 87sub A2012‑4 s 5
Registration of food businesses
pt 8 hdgsub A2014‑57 s 10
Notification and registration of food businesses
pt 8 hdg notes exp 10 June 2002 (s 159)
Offence—food business not registered or exempt
s 89sub A2014‑57 s 11
Food businesses exempt from registration
s 90sub A2012‑4 amdt 1.15; A2014‑57 s 11
Regulated events
s 91sub A2012‑4 amdt 1.16; A2014‑57 s 11
Registration of food businesses
s 92am A2004‑15 amdt 1.19; A2004‑13 amdt 2.47; A2013‑44 amdt 3.93; A2014‑57 s 12; A2021-12 amdt 3.41
Renewal of registration
s 93am A2014‑57 s 13
Issue or amendment of registration subject to conditions
s 94 hdgsub A2002‑30 amdt 3.380
Certificate of registration
s 96am A2014‑57 s 14
Change in details of registration or operation of food business
s 97am A2004‑13 amdt 2.48; A2012‑4 amdt 1.17; ss renum R19 LA; A2021-12 amdt 3.41
Registration certificate must be displayed
s 98Ains A2012‑4 s 6
Food business to be conducted in accordance with registration conditions
s 99am A2004‑15 amdt 1.20
sub A2012‑4 amdt 1.18
Procedure for taking action in relation to registration
s 101am A2002‑30 amdt 3.381
Infringement notices for certain offences
pt 9 hdgom A2005‑20 amdt 3.157
Preliminary
div 9.1 hdgom A2005‑20 amdt 3.157
Return of certificate of registration
s 103am A2012‑4 amdt 1.19, ss renum R19 LA
Food business register
s 105 hdgsub A2014‑57 s 15
s 105am A2014‑57 ss 16-20; ss renum R25 LA
Publication and inspection of food business register
s 106 hdgsub A2014‑57 s 21
s 106am A2014‑57 s 22
Display of nutritional information for food
pt 9 hdgins A2011‑32 s 5
Definitions—pt 9
s 107om A2005‑20 amdt 3.157
ins A2011‑32 s 5
def date of service om A2005‑20 amdt 3.157
def infringement notice om A2005‑20 amdt 3.157
def infringement notice offence om A2005‑20 amdt 3.157
def infringement notice penalty om A2005‑20 amdt 3.157
def menu ins A2011‑32 s 5
def ready-to-eat food ins A2011‑32 s 5
def reminder notice om A2005‑20 amdt 3.157
def sell ins A2011‑32 s 5
def standard food item ins A2011‑32 s 5
def standard food outlet ins A2011‑32 s 5
Meaning of standard food item—pt 9
s 108om A2005‑20 amdt 3.157
ins A2011‑32 s 5
am A2013‑44 amdt 3.93
Meaning of standard food outlet
s 109om A2005‑20 amdt 3.157
ins A2011‑32 s 5
Infringement and reminder notices
div 9.2 hdgom A2005‑20 amdt 3.157
Certain standard food outlets to display nutritional information
s 110om A2005‑20 amdt 3.157
ins A2011‑32 s 5
Voluntary display of nutritional information to meet certain requirements
s 111om A2005‑20 amdt 3.157
ins A2011‑32 s 5
Commencement of regulation made for s 110 or s 111
s 112om A2005‑20 amdt 3.157
ins A2011‑32 s 5
Display or distribution of explanatory material etc about nutritional information
s 113om A2005‑20 amdt 3.157
ins A2011‑32 s 5
Exemptions from pt 9
s 114om A2005‑20 amdt 3.157
ins A2011‑32 s 5
am A2013‑44 amdt 3.83
Review of pt 9
s 115om A2005‑20 amdt 3.157
ins A2011‑32 s 5
exp 1 January 2018 (s 115 (4))
Food safety supervisors
pt 9A hdgins A2012-4 s 7
Definitions—pt 9A
s 116om A2005‑20 amdt 3.157
ins A2012-4 s 7
def approved food safety training course ins A2012-4 s 7
def food safety supervisor ins A2012-4 s 7
def food safety training approval guidelines ins A2012-4 s 7
def food safety training course ins A2012-4 s 7
def registered training organisation ins A2012-4 s 7
am A2014‑48 amdt 1.20
def site ins A2014‑57 s 23
def statement of attainment ins A2012-4 s 7
am A2014‑48 amdt 1.21
Registered food business to have food safety supervisor
s 117 hdgsub A2014‑57 s 24
s 117om A2005‑20 amdt 3.157
ins A2012-4 s 7
am A2014‑57 s 25, s 26; ss renum R25 LA
Proprietor of registered food business may be food safety supervisor
s 118om A2005‑20 amdt 3.157
ins A2012-4 s 7
Food safety training approval guidelines
s 119om A2005‑20 amdt 3.157
ins A2012-4 s 7
Exemptions—pt 9A
s 120om A2005‑20 amdt 3.157
ins A2014‑57 s 27
Additional information in reminder notices
s 121om A2005‑20 amdt 3.157
Disputing liability
div 9.3 hdgom A2005‑20 amdt 3.157
Disputing liability for infringement notice offence
s 122om A2005‑20 amdt 3.157
Extension of time to dispute liability
s 123om A2005‑20 amdt 3.157
Procedure if liability disputed
s 124om A2005‑20 amdt 3.157
Miscellaneous
div 9.4 hdgom A2005‑20 amdt 3.157
Evidentiary certificates
s 125om A2005‑20 amdt 3.157
Acts and omissions of representatives
s 127sub A2004‑15 amdt 1.21
Renewal or amendment of registration not to affect prosecution
s 131am A2004‑42 amdt 3.49
Certificate evidence etc
s 133am A2008‑26 amdt 2.71
Evidence of analysts
s 134om A2008‑26 amdt 2.72
Notification and review of decisions
pt 11 hdgsub A2008‑37 amdt 1.185
Meaning of reviewable decision—pt 11
s 141Ains A2008‑37 amdt 1.185
Reviewable decision notices
s 141Bins A2008‑37 amdt 1.185
Applications for review
s 141Cins A2008‑37 amdt 1.185
Miscellaneous
pt 12 hdgins A2008‑37 amdt 1.185
Bribery
s 143om A2004‑15 amdt 2.86
Secrecy
s 145am A2004‑42 amdt 3.50; A2006‑46 amdt 2.20, amdt 2.21
Publication of details of food businesses related to offences
s 146am A2004‑42 amdt 3.51; A2012‑4 ss 8-10; ss renum R19 LA; A2014‑57 s 28, s 29; A2015‑33 amdt 1.91
Decisions reviewable by administrative appeals tribunal
s 147om A2008‑37 amdt 1.186
Notification of reviewable decisions
s 148om A2008‑37 amdt 1.186
Codes of practice
s 149am A2002‑30 amdt 3.382; A2012‑4 amdt 1.20; ss renum R19 LA; A2013‑44 amdt 3.84
Determination of fees
s 150am A2013‑44 amdt 3.84
Approved forms
s 151am A2002‑30 amdt 3.383; A2013‑44 amdt 3.84
om A2021-12 amdt 3.41
Regulation-making power
s 152am A2002‑30 amdt 3.382; A2012-4 s 11; A2013‑44 amdt 3.85; A2014‑57 s 30; pars renum R25 LA
Transitional provisions
pt 12 hdgexp 10 March 2003 (s 174)
General
div 12.1 hdgexp 10 March 2003 (s 174)
Temporary emergency regulations
s 153am A2013‑44 amdt 3.86
Transitional—s 92 (5) and s 97 (6)
s 154exp 10 March 2003 (s 174)
ins A2004‑13 amdt 2.49
exp 1 July 2005 (s 154 (2))
Transitional regulations
s 155exp 10 March 2003 (s 174)
Modification of pt 12’s operation
s 156exp 10 March 2003 (s 174)
Existing food businesses
div 12.2 hdgexp 10 June 2002 (s 159)
Food businesses licensed under former Food Act not registered on 11 June 2002
s 157exp 10 June 2002 (s 159)
ins as mod SL2002‑14 sch 2
exp 10 March 2003 (SL2002‑10 reg 17)
Food businesses exempt from registration under former Food Act
s 158exp 10 June 2002 (s 159)
Expiry of div 12.2
s 159exp 10 June 2002 (s 159)
Other transitional matters
div 12.3 hdgexp 10 March 2003 (s 174)
Applications for licences
s 160exp 10 March 2003 (s 174)
Applications for renewal of licences
s 161exp 10 March 2003 (s 174)
Applications for approval for alteration of food premises
s 162exp 10 March 2003 (s 174)
Applications for variation of licences
s 163exp 10 March 2003 (s 174)
Action to suspend or cancel licences
s 164exp 10 March 2003 (s 174)
Improvement notices
s 165exp 10 March 2003 (s 174)
Prohibition notices
s 166exp 10 March 2003 (s 174)
Search warrants
s 167exp 10 March 2003 (s 174)
Things seized
s 168exp 10 March 2003 (s 174)
Food samples
s 169exp 10 March 2003 (s 174)
Analysis of food samples
s 170exp 10 March 2003 (s 174)
Review of decisions under former Food Act
s 171exp 10 March 2003 (s 174)
Chief health officer may give effect to decisions of Minister etc
s 172exp 10 March 2003 (s 174)
Directions under Food Regulations
s 173exp 10 March 2003 (s 174)
Expiry
div 12.4 hdgexp 10 March 2003 (s 174)
Expiry of pt 12
s 174exp 10 March 2003 (s 174)
Repeals and miscellaneous amendments
pt 13 hdgom LA s 89 (3)
Repeal of laws
s 175om LA s 89 (3)
Amendment of Acts—sch 2
s 176om LA s 89 (3)
Reviewable decisions
sch 1 hdgsub A2008‑37 amdt 1.187
sch 1am A2008‑37 amdt 1.188
Miscellaneous provisions
sch 2om LA s 89 (3)
Dictionary
dictam A2002‑30 amdt 3.384; A2008‑37 amdt 1.189; A2013‑44 amdt 3.87
def approved food safety training course ins A2012-4 s 12
def authorised analyst sub A2008‑26 amdt 2.73
def closure notice ins A2012‑4 s 13
defCommonwealth Act sub A2007‑16 amdt 3.63
def date of service om A2005‑20 amdt 3.158
def engage in conduct ins A2012‑4 amdt 1.22
def equipment am A2013‑44 amdt 3.88
def food authority am A2007‑16 amdt 3.64; A2013‑44 amdt 3.89
def food safety standard am A2013‑44 amdt 3.90
def food safety supervisor ins A2012-4 s 14
def food safety training approval guidelines ins A2012-4 s 7
def food safety training course ins A2012-4 s 14
def food standards code sub A2013‑44 amdt 3.91
def infringement notice om A2005‑20 amdt 3.158
def infringement notice offence om A2005‑20 amdt 3.158
def infringement notice penalty om A2005‑20 amdt 3.158
def menu ins A2011‑32 s 6
def premises sub A2013‑44 amdt 3.92
def ready-to-eat food ins A2011‑32 s 6
def registered training organisation ins A2012-4 s 14
def regulated event ins A2014‑57 s 31
def reminder notice om A2005‑20 amdt 3.158
def reviewable decision ins A2008‑37 amdt 1.190
def site ins A2014‑57 s 31
def standard food item ins A2011‑32 s 6
def standard food outlet ins A2011‑32 s 6
def statement of attainment ins A2012-4 s 14
def unsafe sub A2005‑20 amdt 3.159
def unsuitable sub A2005‑20 amdt 3.159
Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.
Republication No and date Effective Last amendment made by Republication for R1
10 Mar 200210 Mar 2002–
10 June 2002not amended new Act R2
11 June 200211 June 2002–
16 Sept 2002SL2002‑14 modifications by SL2002‑10 as amended by SL2002‑14 R3
23 Sept 200217 Sept 2002–
10 Mar 2003A2002‑30 amendments by A2002‑30 R4
11 Mar 200311 Mar 2003–
8 Apr 2004A2002‑30 commenced expiry R5
9 Apr 20049 Apr 2004–
24 Aug 2004A2004‑15 amendments by A2004‑15 R6
25 Aug 200425 Aug 2004–
31 Aug 2004A2004‑42 amendments by A2004‑42 R7
1 Sept 20041 Sept 2004–
1 July 2005A2004‑42 amendments by A2004‑13 R8
2 July 20052 July 2005–
11 Nov 2005A2005‑20 commenced expiry R9*
12 Nov 200512 Nov 2005–
1 June 2006A2005‑20 amendments by A2005‑20 R10
2 June 20062 June 2006–
17 Nov 2006A2006‑23 amendments by A2006‑23 R11
18 Nov 200618 Nov 2006–
10 July 2007A2006‑46 amendments by A2006‑46 R12
11 July 200711 July 2007–
25 Aug 2008A2007‑16 amendments by A2007‑16 R13
26 Aug 200826 Aug 2008–
8 Sept 2008A2008‑28 amendments by A2008‑28 R14
9 Sept 20089 Sept 2008–
26 Oct 2008A2008‑37 amendments by A2008‑20 R15
27 Oct 200827 Oct 2008–
1 Feb 2009A2008‑37 amendments by A2008‑20 R16
2 Feb 20092 Feb 2009–
13 Feb 2009A2008‑37 amendments by A2008‑37 R17
14 Feb 200914 Feb 2009–
16 Dec 2009A2008‑37 amendments by A2008‑26 R18*
17 Dec 200917 Dec 2009–
1 Mar 2012A2009‑49 amendments by A2009‑49 R19
2 Mar 20122 Mar 2012–
31 Dec 2012A2012‑4 amendments by A2012‑4 R20
1 Jan 20131 Jan 2013–
31 Aug 2013A2012‑4 amendments by A2011-32 as amended by A2012-4 R21
1 Sept 20131 Sept 2013–
24 Nov 2013A2012‑4 amendments by A2012‑4 R22
25 Nov 201325 Nov 2013‑
19 Nov 2014A2013‑44 amendments by A2013‑44 R23
20 Nov 201420 Nov 2014‑
31 Dec 2014A2014‑48 amendments by A2014‑48 R24
1 Jan 20151 Jan 2015‑
19 Apr 2015A2014‑57 amendments by A2014‑57 R25
20 Apr 201520 Apr 2015‑
13 Oct 2015A2014‑57 amendments by A2014‑57 R26
14 Oct 201514 Oct 2015‑
1 Jan 2018A2015‑33 amendments by A2015‑33 R27
2 Jan 20182 Jan 2018–
22 Oct 2018A2015‑33 expiry of provisions (s 115) R28
23 Oct 201823 Oct 2018–
22 June 2021A2018-33 amendments by A2018-33 R29
23 June 202123 June 2021–
26 Mar 2024A2021-12 amendments by A2021-12
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