Food Amendment (Penalty Notices) Regulation 2004 (NSW)
2004 No 795
New South Wales
Food Amendment (Penalty Notices)
Regulation 2004
under the
Food Act 2003
Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Food Act 2003.
IAN MICHAEL MACDONALD, M.L.C.,
Minister for Primary Industries
Explanatory note
The objects of this Regulation are:
| (a) | to amend the Food Regulation 2004 to prescribe certain offences under the Food Act 2003 as offences for which penalty notices may be issued and to prescribe the penalty amounts for any such penalty notices, and |
| (b) | to make a consequential amendment to the Food Production (Seafood Safety Scheme) Regulation 2001 and a law revision amendment to that Regulation consequent on the transfer of the Regulation from the Food Production (Safety) Act 1998 (now repealed) to the Food Act 2003. |
This Regulation is made under the Food Act 2003, including sections 102, 120 and 139 (the general regulation-making power).
| Published in Gazette No 195 of 3 December 2004, page 8904 | Page 1 |
| 2004 No 795 | |
| Clause 1 | Food Amendment (Penalty Notices) Regulation 2004 |
Food Amendment (Penalty Notices) Regulation 2004
under the
Food Act 2003
1 Name of Regulation
This Regulation is the Food Amendment (Penalty Notices) Regulation
2004.
2 Amendment of Food Regulation 2004
The Food Regulation 2004 is amended as set out in Schedule 1.
3 Amendment of Food Production (Seafood Safety Scheme) Regulation 2001
The Food Production (Seafood Safety Scheme) Regulation 2001 is amended as set out in Schedule 2.
2004 No 795
Food Amendment (Penalty Notices) Regulation 2004
| Amendment of Food Regulation 2004 | Schedule 1 |
| Schedule 1 | Amendment of Food Regulation 2004 |
(Clause 2)
[1] Clause 9
Insert after clause 8:
9 Penalty notices
For the purposes of section 120 of the Act:
(a) each offence arising under a provision specified in Column 1 of Schedule 1 is prescribed as a penalty notice offence, and (b) the prescribed penalty for such an offence is:
(i) in the case of a penalty payable by an individual— the amount specified in relation to the offence in Column 2 of Schedule 1, and (ii) in the case of a penalty payable by a corporation— the amount specified in relation to the offence in Column 3 of Schedule 1.
[2] Schedule 1
Insert after Part 4:
Schedule 1 Penalty notices
(Clause 9)
Column 1 Column 2 Column 3 Provision of the Act Penalty for an Penalty for a individual corporation Section 16 (1) $660 $1320 Section 16 (2) $660 $1320 Section 17 (1) $550 $1100 Section 17 (2) $550 $1100 Section 18 (1) $660 $1320 Section 18 (2) $660 $1320 Section 18 (3) $660 $1320 Section 19 (1) $660 $1320
2004 No 795
Food Amendment (Penalty Notices) Regulation 2004
| Schedule 1 | Amendment of Food Regulation 2004 |
Column 1 Column 2 Column 3 Provision of the Act Penalty for an Penalty for a individual corporation Section 20 (1) (a) $660 $1320 Section 20 (1) (b) $660 $1320 Section 20 (2) $660 $1320 Section 21 (1) $330 $660 Section 21 (2) $330 $660 Section 21 (3) $330 $660 Section 21 (4) $330 $660 Section 35 (a) $1320 $2640 Section 35 (b) $1320 $2640 Section 35 (c) $1320 $2640 Section 41 $660 $1320 Section 42 $660 $1320 Section 43 (2) $660 Section 43 (3) in respect of $1320 assaulting an authorised officer
onlySection 64 $660 $1320 Section 77 $110 $220 Section 83 $110 $220 Section 89 (1) $110 $220 Section 99 (2) $660 Section 100 (1) $330 $660 Section 104 (1) $330 $660 Section 104 (2) $330 $660 Section 104 (3) $330 $660 Section 104 (4) $330 $660 Section 104 (5) $330 $660 Section 136 (1) $330 $660
2004 No 795
Food Amendment (Penalty Notices) Regulation 2004
| Amendment of Food Production (Seafood Safety Scheme) Regulation 2001 | Schedule 2 |
| Schedule 2 | Amendment of Food Production (Seafood Safety Scheme) Regulation 2001 |
(Clause 3)
[1] Clause 6 Meaning of “seafood business”
Omit clause 6 (2). Insert instead:
(2) For the purposes of this Regulation, a seafood business:
(a) does not include the act of taking or catching marine fin fish, crustacea or cephalopod but includes any handling of such seafood immediately after it is taken or caught, whether the handling occurs on board a vessel or otherwise, and (b) does not include the retail sale of seafood.
[2] Schedule 4 Penalty notices
Omit the matter relating to section 104 (1), (2) and (3) of the Act from
Columns 1 and 2 of the Table to the Schedule.
BY AUTHORITY
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