Food Amendment (Miscellaneous) Act 2000 (TAS)

Food Amendment (Miscellaneous) Act 2000

An Act to amend the Food Act 1998

[Royal Assent 14 November 2000]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1Short titleThis Act may be cited as the Food Amendment (Miscellaneous) Act 2000 . 2CommencementThis Act commences on the day on which this Act receives the Royal Assent. 3Principal ActIn this Act, the Food Act 1998 is referred to as the Principal Act. 4Section 3 amended (Interpretation) Section 3 of the Principal Act is amended as follows: (a) by inserting the following definition after the definition of approved : approved form means a form that – (a) is approved by the Director; or (b) contains information approved by the Director; (b) by inserting the following definition after the definition of public health : public notice means a notice published in the Gazette and a daily newspaper circulating generally in the State; (c) by omitting "vehicle." from paragraph (b) of the definition of vehicle and substituting "vehicle;"; (d) by inserting the following definition after the definition of vehicle : wharf includes any structure extending below the low-water mark. 5Section 21 amended (Power over wharves) Section 21 of the Principal Act is amended by inserting "or body of water" after "wharf". 6Section 22 amended (Entry, inspection and seizure) Section 22 of the Principal Act is amended as follows: (a) by omitting from subsection (1) "a council or"; (b) by omitting from subsection (2) "A council or an" and substituting "An"; (c) by omitting from subsection (2) "council or" second occurring; (d) by omitting from subsection (3) "A council or an" and substituting "An"; (e) by omitting from subsection (4) "A council or an" and substituting "An". 7Section 27 repealed Section 27 of the Principal Act is repealed. 8Section 28 amended (Food unfit for human consumption) Section 28(1)(i) of the Principal Act is amended by inserting ", guidelines" after "regulations". 9Section 41 amended (Providing samples) Section 41(5) of the Principal Act is amended by omitting ", by notice in writing,". 10Section 55 amended (Application for registration) Section 55(2) of the Principal Act is amended by omitting paragraph (b) and substituting the following paragraph: (b) lodged with the public office of the council in the municipal area in which – (i) the premises or equipment are located; or (ii) the vehicle is usually kept; and 11Section 57A insertedAfter section 57 of the Principal Act , the following section is inserted in Division 1: 57ASingle certificate of registration for whole State A certificate of registration of a vehicle issued by one council is sufficient to satisfy the requirement of registration in respect of that vehicle for use throughout the State. 12Section 60 amended (Renewal of registration) Section 60 of the Principal Act is amended as follows: (a) by omitting paragraph (b) from subsection (2) and substituting the following paragraph: (b) lodged with the public office of the council before the registration ceases to be in force; and (b) by omitting subsection (5) and substituting the following subsection: (5)  If an application to renew registration of premises is lodged and not determined before the registration expires, the period of the registration is extended until the application is determined. (c) by omitting from subsection (7) " Sections 57 , 58 and 59 " and substituting " Sections 57 and 58 "; (d) by inserting the following subsections after subsection (7) : (8)  Registration renewed under this section is subject to any conditions the council determines. (9)  Registration renewed under this section takes effect from the expiry of the previous registration and remains in force, unless extended pursuant to subsection (5) , until whichever of the following occurs first: (a) the date specified in the renewed certificate of registration; (b) the expiry of 12 months from the expiry of the previous registration. 13Section 61 amended (Variation of registration) Section 61(1) of the Principal Act is amended by inserting ", adding" after "substituting". 14Section 64 amended (Application for licence) Section 64(2)(b) of the Principal Act is amended by omitting "general manager" and substituting "public office". 15Section 69 amended (Renewal of licence) Section 69 of the Principal Act is amended as follows: (a) by omitting paragraph (b) from subsection (2) and substituting the following paragraph: (b) lodged with the public office of the council before the licence ceases to be in force; and (b) by omitting subsection (5) and substituting the following subsection: (5)  If an application to renew a licence is lodged and not determined before the licence expires, the period of the licence is extended until the application is determined. (c) by omitting from subsection (7) " Sections 66 , 67 and 68 " and substituting " Sections 66 and 67 "; (d) by inserting the following subsections after subsection (7) : (8)  A licence renewed under this section is subject to any conditions the council determines. (9)  A licence renewed under this section takes effect from the expiry of the previous licence and remains in force, unless extended pursuant to subsection (5) , until whichever of the following occurs first: (a) the date specified in the renewed licence; (b) the expiry of 12 months from the expiry of the previous licence. 16Section 70 amended (Variation of licence) Section 70(1) of the Principal Act is amended by inserting ", adding" after "substituting". 17Section 73 amended (Application for accreditation) Section 73(2)(b) of the Principal Act is amended by omitting "general manager" and substituting "public office". 18Section 78 amended (Renewal of accreditation) Section 78 of the Principal Act is amended as follows: (a) by omitting paragraph (b) from subsection (2) and substituting the following paragraph: (b) lodged with the public office of the council before the accreditation ceases to be in force; and (b) by omitting subsection (5) and substituting the following subsection: (5)  If an application to renew accreditation is lodged and not determined before the accreditation expires, the period of accreditation is extended until the application is determined. (c) by omitting from subsection (7) " Sections 75 , 76 and 77 " and substituting " Sections 75 and 76 "; (d) by inserting the following subsections after subsection (7) : (8)  Accreditation renewed under this section is subject to any conditions the council determines. (9)  Accreditation renewed under this section takes effect from the expiry of the previous accreditation and remains in force, unless extended pursuant to subsection (5) , until whichever of the following occurs first: (a) the date specified in the renewed certificate of accreditation; (b) the expiry of 12 months from the expiry of the previous accreditation. 19Section 79 amended (Variation of accreditation) Section 79(1) of the Principal Act is amended by inserting ", adding" after "substituting". 20Section 89 amended (Proceedings instituted) Section 89(2)(b) of the Principal Act is amended by omitting "90 days" and substituting "120 days". 21Section 89A insertedAfter section 89 of the Principal Act , the following section is inserted in Division 1: 89AProceedings relating to third persons (1)  A defendant charged with an offence under this Act who alleges that the offence was due to the act or omission of another person may apply to a justice for a summons to that other person to appear in proceedings relating to that offence. (2)  On receipt of the application, a justice is to – (a) issue the summons; and (b) adjourn the proceedings until the return date of the summons. (3)  The summons is to include – (a) particulars of the complaint; and (b) the allegation relating to the other person’s act or omission. (4)  The defendant is to forward to the complainant a copy of the application for the summons. (5)  In proceedings for the offence, the complainant and the other person summonsed to appear may – (a) cross-examine the defendant, if the defendant gives evidence, and any witness called by the defendant; and (b) call evidence in rebuttal. (6)  In determining proceedings for the offence, a court – (a) may convict the other person summonsed to appear if the defendant proves that the offence was due to that person’s act or omission; and (b) is to dismiss the charge against the defendant if the defendant proves that he or she exercised due diligence to ensure compliance with the provision that gave rise to the offence; and (c) may make any order it considers appropriate for the payment of costs by any party to any other party. (7)  If an authorised officer is reasonably satisfied that an offence has been committed by a person and that the offence was due to an act or omission of another person – (a) the authorised officer may cause proceedings to be brought against that other person without first causing proceedings to be brought against the person committing the offence; and (b) the other person may be charged with, and convicted of, that offence. 22Section 102A insertedAfter section 102 of the Principal Act , the following section is inserted in Division 3: 102ASampling of food in certain cases In any proceedings relating to food purchased by a person other than an authorised officer in the ordinary course of business and analysed, if it is proved that the food when submitted for analysis was in the same state as when bought – (a) the certificate of analysis provided under section 49 in relation to that food is admissible as evidence; and (b) sections 41 and 42 are not required to be complied with. 23Section 105 amended (Service of infringement notice) Section 105(1) of the Principal Act is amended by omitting "person" first occurring and substituting "officer". 24Section 107 amended (Acceptance of infringement notice) Section 107(a) of the Principal Act is amended by omitting "to a clerk of petty sessions". 25Section 108 amended (Extension of acceptance period) Section 108 of the Principal Act is amended by omitting "relevant council clerk" and substituting "the general manager of the relevant council". 26Section 109 amended (Payment) Section 109 of the Principal Act is amended as follows: (a) by omitting from subsection (1) "relevant council clerk" and substituting "the general manager of the relevant council"; (b) by omitting from subsection (1) "60" and substituting "63"; (c) by omitting from subsection (2) "relevant council clerk" and substituting "the general manager of the relevant council"; (d) by omitting from subsection (3) "relevant council clerk" and substituting "the general manager of the relevant council". 27Section 125 amended (Standards) Section 125 of the Principal Act is amended as follows: (a) by inserting the following paragraph after paragraph (e) in subsection (1) : (ea) any other matter relating to food; and (b) by inserting the following subsection after subsection (4) : (5)  Standards are not statutory rules for the purpose of the Rules Publication Act 1953 . 28Section 126 amended (Guidelines) Section 126 of the Principal Act is amended as follows: (a) by inserting in subsection (1) "and any matter in respect of which a regulation may be made" after "Act"; (b) by inserting the following subsection after subsection (6) : (7)  Guidelines are not statutory rules for the purpose of the Rules Publication Act 1953 . 29Section 130 amended (Orders) Section 130 of the Principal Act is amended as follows: (a) by inserting in subsection (3)(b) "or notified by public notice" after "order"; (b) by inserting the following subsection after subsection (3) : (4)  If the Director is satisfied that a situation in relation to food is, or is likely to be, a serious danger to public health, an order referred to in subsection (1)(b)  – (a) may be notified by any means the Director considers appropriate; and (b) takes effect on the date specified in the order. 30Section 134 amended (Requirement for information) Section 134(1) of the Principal Act is amended by inserting after paragraph (a) the following paragraph: (ab) to give details of any registration, licence or exemption under this Act; and 31Section 147 amended (Immunity from liability) Section 147(2) of the Principal Act is amended by inserting "a public authority or" after "preclude". 32Validation of action by certain officersAny action carried out or decision made by a person before 1 January 2000 in the purported exercise of a power or purported performance of a function as an environmental health officer or a medical officer of health under the Food Act 1998 was validly carried out or made as if that person had been validly appointed as such an officer under that Act.

[Second reading presentation speech made in:

House of Assembly on 19 OCTOBER 2000

Legislative Council on 25 OCTOBER 2000]