Food Act 2006 (Qld)

Food Act 2006

An Act to provide for matters relating to handling and selling food, securing the safety and suitability of food and fixing standards for food, and for other purposes

Chapter 1    Preliminary

Part 1    Introduction

1   Short title

This Act may be cited as the Food Act 2006.

2   Commencement

This Act commences on a day to be fixed by proclamation.

Part 2    Application and purposes of Act

3   Act binds all persons

(1)This Act binds all persons.

(2)However, this Act does not bind the State, a government owned corporation or a rail government entity under the Transport Infrastructure Act 1994.

4   Exemption from application of Act

(1)This Act does not apply to—

(a)the handling or sale of food at a tuckshop operated by a parents and citizens association at a State school; or

(b)the handling, at a person’s home, of food intended to be given away to a non-profit organisation for sale by the organisation.

Example—

baking a cake at a person’s home to give to a junior football club committee for sale by the committee at a fundraising stall

(2)In this section—

parents and citizens association see the Education (General Provisions) Act 2006, schedule 4.

State school see the Education (General Provisions) Act 2006, schedule 4.

5   General application of Act to ships

(1)This section states the application of this Act to ships in Queensland waters and ships in waters beyond the outer limit of Queensland waters (other waters).

(2)This Act applies to—

(a)a ship in Queensland waters; and

(b)to the extent this Act applies in other waters, for example, under the Crimes at Sea Act 2001—a ship in other waters if the ship is travelling from a place in Queensland to a place in Queensland.

(3)This Act does not apply to—

(a)a ship in other waters if the ship is travelling from a place outside of Queensland to a place outside of Queensland; or

(b)a ship of the Australian Defence Force or another country.

6   How Act affects particular rights and remedies

(1)No provision of this Act creates a civil cause of action based on a contravention of the provision.

(2)This Act does not affect or limit a civil right or remedy that exists apart from this Act, whether at common law or otherwise.

(3)Without limiting subsection (2), compliance with this Act does not necessarily show that a civil obligation that exists apart from this Act has been satisfied or has not been breached.

7   Act not affected by Food Production (Safety) Act 2000

The Food Production (Safety) Act 2000 is additional to, and does not limit, this Act.

8   Main purposes

The main purposes of this Act are as follows—

(a)to ensure food for sale is safe and suitable for human consumption;

(b)to prevent misleading conduct relating to the sale of food;