Food Amendment Act 2015 (TAS)

The Food Amendment Act 2015 (TAS) was the subject of a legal dispute involving the Tasmanian government and a food vendor operating in a mobile structure. The matter was heard in the Supreme Court of Tasmania. The central issue was whether the Act's provision requiring a single certificate of registration for a food business operating from a mobile structure was valid and whether it complied with the Constitution of Australia.

The court had to decide if the Act was within the legislative powers of the Tasmanian Parliament under the Commonwealth Constitution, specifically Section 51(xxxvii) concerning conciliation and arbitration. The court also needed to determine whether the Act unconstitutionally interfered with interstate trade and commerce. The court examined the scope of the definition of a "mobile structure" and whether the Act's application across the entire state was reasonable and necessary.

The court held that the Act was within the legislative power of the Tasmanian Parliament and did not unconstitutionally interfere with interstate trade and commerce. The court found that the definition of a "mobile structure" was sufficiently precise and that the requirement for a single certificate of registration was reasonable and necessary for the regulation of food businesses operating from mobile structures. The court also concluded that the Act did not place an undue burden on interstate trade and commerce.

As a result of the court's decision, the Food Amendment Act 2015 (TAS) was upheld as a valid exercise of the Tasmanian Parliament's legislative power. The Act remains in force, allowing a single certificate of registration for food businesses operating from mobile structures to be issued by one council and valid throughout the state.