Health (Provision of Facilities for Food and Other Services) Act 1979 (Qld)

809 Ouarsfanbr ANNO VICESIMO OCTAVO ELIZABETHAE SECUNDAE REGINAE No. 76 of 1979 An Act to authorize the Minister for Health to enter into, do all acts in connexion with and enforce contracts with respect to the conduct of facilities for the provision of food to certain hospitals , institutions, other establishments and persons and of other services and for matters incidental thereto (ASSENTED TO 21sT DECEMBER, 1979] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title . This Act may be cited as the Health (Provision of Facilities for Food and Other Services) Act 1979. 2. Interpretation . (1) In this Act save where the contrary intention appears- facility " means the buildings, structures, machinery, plant, equipment, utensils, fixtures and fittings provided by the Government of the State and used or to be used for or in

810 Health ( Provision of Facilities for Food & Other Services ) Act 1979, No. 76 connexion with the preparation, cooking, storage, supply or delivery of food in an edible form or the provision of a service; "Minister" means the Minister for Health or other Minister of the Crown who at the material time is charged with the administration of this Act and includes a Minister of the Crown who is temporarily performing the duties of the Minister. (2) For the purposes of this Act, food shall not be taken to be in a non-edible form by reason only of the fact that it is in a frozen state. 3. Authority to Minister to enter into contracts . The Minister for and on behalf of the State of Queensland may enter into, do all acts in connexion with and enforce a contract with respect to the conduct and management of a facility for- (a) the preparation, cooking, storage, supply or delivery of food in an edible form; (b) the provision of such other service as the Governor in Council, on the recommendation of the Minister, by Order in Council determines, to, for or on behalf of hospitals and institutions conducted by any department of government of the State or pursuant to an Act and to such other establishments, persons or associations of persons as the Minister determines. 4. Effect of contracts by Minister. (1) Where pursuant to this Act the Minister enters into a contract for the supply of food or the provision of a service then, until the contract is duly terminated in the manner approved by the Minister, the hospitals board, other board or person or, as the case may be, each of the persons charged with the administration of the hospital, institution or establishment to, for or on behalf of which the food is to be supplied or the service provided or, as the case may be, the person or each of the persons to, for or on behalf of whom the food is to be supplied or the service provided- (a) shall accept such food as is prepared, cooked, stored, supplied and delivered in accordance with the contract; (b) shall accept such service as is provided in accordance with the contract; (c) shall do all such acts and provide and maintain all such rights and means of ingress and egress to and from premises as are necessary to allow for the proper delivery of such food or the proper provision of such service; (d) shall pay for such food or, as the case may be, such service an amount in such sum and calculated in such manner as the Minister determines from time to time. (2) Subsection (1) applies not only in relation to- (a) a board or person who is charged with the administration of any hospital, institution or establishment at the time of making pursuant to this Act the contract under which food is to be supplied or a service is to be provided to, for or on behalf of that hospital, institution or establishment; or

Health ( Provision of Facilities for Food & Other Services ) Act 1979, No. 76 811 (b) a person who is a member of the governing body of an association of persons at the time of making pursuant to this Act the contract under which food is to be supplied or a service is to be provided to, for or on behalf of those persons, but also to every successor in office to that board or person. (3) If a question arises as to whether any hospitals board, other board or person is entitled to refuse to accept food or a service by reason that it has not been prepared, cooked, stored, supplied or delivered or, as the case may be, provided in accordance with a contract referred to in subsection (1), that question shall be determined conclusively, so far as it concerns such hospitals board, other board or person, by the Minister or other person to whom he may have delegated his authority hereby conferred , either generally or in a particular case. 5. Regulations . The Governor in Council may make regulations not inconsistent with this Act for or with respect to all purposes, matters and things that in his opinion are necessary or convenient for the proper administration of this Act or to achieve the objects and purposes of this Act.