FOOD ACT 1992 (REPEALED) - TABLE OF PROVISIONS PART 1--PRELIMINARY 1. Short title 3. Interpretation 4. Standards--inconsistency 5. Substandard food 6. Presumptions 7. Persons named on package PART 2--ADMINISTRATION 10. Analysts 11. Secrecy PART 3--UNLAWFUL PRACTICES Division 1--Substandard food 12. Preparation of substandard food 13. Sale of substandard food 14. False representation of compliance with standards 15. Sale of falsely described food 16. Sale of food packed incorrectly 17. Labelling requirements 18. Sale not complying with purchaser's demand 19. False advertising of food 20. Misleading presentation 21. Food dispatched from the Territory Division 2--Food safety requirements 22. Interpretation 23. Rendering food unsafe 24. Sale of unsafe food 24A. Illegal sale 24B. Sale of eggs Division 3--Miscellaneous 25. Certificate evidence 26. Defences PART 4--CODES OF PRACTICE 27. Codes of practice PART 5--LICENCES 30. Requirement to be licensed 31. Application for licence 32. Further information on licence application 33. Grant or refusal 34. Licence not to be granted while premises incomplete 35. Effect of licence 36. Inspection of licence 37. Duration 38. Renewal 39. Alteration of food premises 40. Notice of transfer of food business 41. Variation of licences 42. Suspension or cancellation of licences 43. Emergency suspension of licences 44. Return of licence PART 6--IMPROVEMENT AND PROHIBITION NOTICES 45. Interpretation 46. Improvement notices 47. Prohibition notices 48. Revocation of notices 49. Compliance with notices PART 7--INSPECTION AND ANALYSIS Division 1--Preliminary 50. Interpretation Division 2--Public health officers powers 51. Entry to premises 52. Consent to entry 53. Powers of public health officers 54. Search warrants Division 3--Things seized by public health officers 55. Notice of seizure 56. Storage of things seized 57. Access to seized records 58. Return of thing seized 59. Application for relief against seizure 60. Appearance to application 61. Order disallowing seizure 62. Ancillary orders 63. Adjournment pending other proceedings 64. Forfeiture of things seized 65. Cost of destruction or disposal of things forfeited 66. Destruction of noxious material Division 4--Procedure for taking samples 67. Owner of sample to be informed 68. Payment for sample 69. Sampling procedure 70. Samples from vending machines Division 5--Analysis of samples 71. Duty of analysts 72. Certificate evidence 73. Analysis of spare part of sample 74. Time limit for certain prosecutions Division 6--Offences in relation to investigations 75. Obstruction of public health officers 76. False information 77. Prohibited use of analysis 78. Interference with things detained PART 8--REVIEW OF DECISIONS 79. Review by administrative appeals tribunal PART 9--MISCELLANEOUS 80. Evidentiary value of copies of records 81. Conduct of directors, servants and agents 82. Determination of fees 83. Approved forms 84. Regulation-making power ENDNOTES FOOD ACT 1992 (REPEALED) - LONG TITLE An Act to regulate the preparation and sale of food and drink for human consumption FOOD ACT 1992 (REPEALED) - SECT 1 Short title This Act may be cited as the Food Act 1992. FOOD ACT 1992 (REPEALED) - SECT 3 Interpretation In this Act: "analyst" means a person appointed as an analyst under section 10. "appliance" means the whole or part of any utensil, machinery, instrument, device, apparatus or article used, or intended to be used, in or in connection with-- (a) the manufacture, preparation, processing, treatment or handling of food for sale; or (b) the sale of food; or (c) the cleaning of another appliance. "approved code of practice" means a code of practice approved under section 27, as in force under this Act. "food" means-- (a) food within the meaning of the National Food Authority Act; and (b) a substance, compound or article declared by the regulations to be food; but does not include a substance, compound or article excluded from this definition by the regulations. "food business" means the business of-- (a) manufacturing, preparing, processing, treating or handling food for sale; or (b) selling food. "food premises" means any premises used, or intended to be used, for the purpose of a food business. "handle" includes pack, decorate, serve, store and transport. "identity card", in relation to a public health officer, means the identity card issued to the officer under the Public Health Act 1997. "improvement notice" means an improvement notice given under section 46. "injury", in relation to health, includes any impairment whether of a permanent or a temporary nature. "land" includes any area that is a road or road related area for the Road Transport (Vehicle Registration) Act 1999, section 18 (Prohibition on using unregistered registrable vehicles or vehicles with suspended registration). "licence" means a licence in force under this Act. "licensee" means the holder of a licence. "National Food Authority Act" means the National Food Authority Act 1991 (Cwlth). "national standard" means a standard within the meaning of the National Food Authority Act that has effect. "package" includes a container, wrapper, confining band or other article in which food is packed or contained or by which it is covered. "premises" includes-- (a) a structure, building, tent, stall, aircraft or vessel; and (b) a place or land (whether enclosed or built upon or not); and (c) a vehicle-- (i) in which food is manufactured, prepared, processed, treated or handled for sale; or (ii) at or from which food is sold; or (iii) in which food is consumed; and (d) a part of premises. "prohibition notice" means a prohibition notice given under section 47. "proprietor", in relation to a food business, means the person by whom that business is carried on. "public health officer", in relation to a function under this Act, means-- (a) a public health officer under the Public Health Act 1997 who is authorised in writing by the chief health officer under that Act to perform that function; or (b) the chief health officer under the Public Health Act 1997. "sell", in relation to food, includes-- (a) barter or exchange; and (b) offer or display for sale, barter or exchange; and (c) supply, or offer to supply, in circumstances in which the supplier derives, or would derive, a direct or indirect pecuniary benefit; and (d) supply, or offer to supply, gratuitously but with a view to gaining or maintaining custom, or otherwise with a view to commercial advantage; and (e) have in possession for sale; and (f) cause or permit to be sold; and (g) supply together with other goods or with services or entertainment for which payment is made or required in circumstances where an inclusive charge is made for the food and the goods, service or entertainment (as the case may be); and (h) supply with, or as part of, a meal-- (i) for which payment is made or required; or (ii) that is supplied by an employer to an employee in accordance with a term of an industrial award or the employee's contract of service, for consumption at the employee's place of work; and (i) engaging in a purported sale. "standard" means-- (a) a national standard; or (b) a prescribed standard. FOOD ACT 1992 (REPEALED) - SECT 4 Standards--inconsistency (1) Where a standard is prescribed, a national standard does not apply in so far as it is inconsistent with it. (2) Where a prescribed standard provides for the interpretation of a national standard, the latter has effect as interpreted in accordance with the former. FOOD ACT 1992 (REPEALED) - SECT 5 Substandard food For the purposes of this Act, food is substandard if it does not comply with a standard applicable to it or to food of that kind. FOOD ACT 1992 (REPEALED) - SECT 6 Presumptions For the purposes of this Act-- (a) food that is sold shall be presumed to have been sold for human consumption; and (b) food found in premises used for the sale, manufacture for sale or handling for sale of food of that kind shall be presumed to be intended to be for sale for human consumption; and (c) food or any substance found in premises used for the preparation for sale of food shall be presumed to be intended to be used in the preparation for sale of food; and (d) food found in a food vending machine shall be presumed to be intended to be for sale for human consumption; and (e) food that fails to comply with a requirement of this Act, being food that is part of a batch, lot or consignment of food of the same class or description, shall be presumed to be representative of all of the food in that batch, lot or consignment; but the presumption is rebuttable. Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act 2001, s 104). FOOD ACT 1992 (REPEALED) - SECT 7 Persons named on package In proceedings relating to food contained in a package, a statement on the package or on a label attached to it to the effect that a person has imported, manufactured or prepared the food is evidence of the matters specified in the statement. FOOD ACT 1992 (REPEALED) - SECT 10 Analysts (1) The Minister may, by instrument, appoint suitably qualified persons to be analysts for the purposes of this Act-- (a) in respect of a particular type of analysis specified in the instrument; or (b) in respect of all types of analyses. (2) Each year the Minister must prepare a written notice stating the name and address of each person currently appointed as an analyst. (3) The notice is a notifiable instrument. Note A notifiable instrument must be notified under the Legislation Act 2001. FOOD ACT 1992 (REPEALED) - SECT 11 Secrecy (1) A person to whom this section applies shall not, directly or indirectly, except where it is necessary to do so for the purposes of this Act-- (a) make a record of, or divulge or communicate to any person, any confidential commercial information in respect of food or information concerning the affairs of another person; or (b) produce to a person a document produced to, or otherwise acquired by, the firstmentioned person; being information or a document acquired or obtained under this Act. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act 2001, s 104). (2) Nothing in this section prohibits a person from disclosing information or producing a document-- (a) with the prior consent in writing of the Minister, if the Minister is satisfied that such disclosure is in the public interest; or (b) with the consent of the person who has a proprietary interest in the information or the document; or (c) to a court in proceedings arising out of this Act or the regulations. (3) Notwithstanding subsection (2) (c), a public health officer appearing as a witness in any proceedings arising out of this Act shall not be compelled to produce a report made or received confidentially in his or her official capacity or containing confidential commercial information in respect of food. (4) In this section: "confidential commercial information", in relation to food, means-- (a) a trade secret relating to food; or (b) any other information relating to food that has a commercial value that would be, or could be expected to be, destroyed or diminished if the information were disclosed. "court" includes any tribunal, authority or person having power to require the production of documents or the answering of questions. "person to whom this section applies" means a person who is, or has been, engaged in the administration or execution of this Act. "produce" includes permit access to. FOOD ACT 1992 (REPEALED) - SECT 12 Preparation of substandard food A person shall not-- (a) manufacture; or (b) prepare, process or treat; or (c) handle; for sale substandard food. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. FOOD ACT 1992 (REPEALED) - SECT 13 Sale of substandard food A person shall not sell substandard food. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. FOOD ACT 1992 (REPEALED) - SECT 14 False representation of compliance with standards Where a person sells food and-- (a) falsely represents to the purchaser that the food complies with an applicable standard; or (b) the food or any package in which it is contained bears or has attached to it a statement that can reasonably be taken to imply that the food complies with an applicable standard and the statement is false; the person commits an offence. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. FOOD ACT 1992 (REPEALED) - SECT 15 Sale of falsely described food (1) A person shall not sell food that is falsely described. (2) A person shall not sell food that is displayed in a manner that is misleading as to its nature, substance or quality. (3) For the purposes of this section false description, in relation to packaged food, includes a statement, word, design or device appearing on any label or written matter attached to or enclosed within the package that could reasonably be taken as relating to-- (a) the food or any ingredient or substance contained in it; or (b) any alleged physiological, curative or therapeutic effect of the food; that is false or misleading in any material particular. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. FOOD ACT 1992 (REPEALED) - SECT 16 Sale of food packed incorrectly (1) A person shall not pack or enclose for sale food in a manner that does not comply with an applicable standard. (2) A person shall not sell food that is packed or enclosed for sale in a manner that does not comply with an applicable standard. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. FOOD ACT 1992 (REPEALED) - SECT 17 Labelling requirements (1) A person shall not sell packaged food unless the package complies with the requirements of subsection (2). (2) A package must-- (a) where a standard requires that a name be used in relation to the food contained in the package--refer to the food by that name; and (b) where paragraph (a) does not apply--refer to the food contained in the package by a name that describes fairly and sufficiently specifically its true nature; and (c) display the name and business address in Australia of-- (i) in the case of food that has been imported into Australia--the importer; or (ii) in any other case--the manufacturer, packer or vendor; and (d) display such other particulars as are required to be displayed by an applicable standard. (3) Except in relation to prescribed food, subsection (1) does not apply in relation to food that, before or at the time of sale, is packed-- (a) in the case of food that is prepared and delivered ready for consumption by the purchaser--at the express order of the purchaser; or (b) in any other case--in the presence of the purchaser. (4) A person shall not sell unpackaged food in breach of a labelling requirement in an applicable standard. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. FOOD ACT 1992 (REPEALED) - SECT 18 Sale not complying with purchaser's demand (1) A person shall not sell food that does not comply with a standard that is applicable to the food demanded by the purchaser. (2) If-- (a) a person demands any food by name; and (b) there is a standard that applies to food of that name; the person is to be taken to have demanded food that complies with the standard. (3) A person shall not sell food that is not of the nature, quality or substance demanded by the purchaser. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. FOOD ACT 1992 (REPEALED) - SECT 19 False advertising of food (1) A person shall not, for the purpose of effecting or promoting the sale of any food, publish an advertisement that-- (a) is false in any particular; or (b) is misleading as to the nature, substance or quality of the food; or (c) is deceptive; or (d) does not comply with an applicable standard. Maximum penalty: 30 penalty units. (2) In proceedings under this section against the manufacturer, producer or importer of any food arising out of an advertisement relating to that food, it shall be presumed that the defendant published the advertisement, but the presumption is rebuttable. (3) An advertisement published by a person on behalf of another person is to be treated as being an advertisement published by that other person, and by that other person only. (4) For the purposes of subsection (1) (c) an advertisement is deceptive notwithstanding that every particular of it is true if it creates, or is intended to create, in the mind of a reasonable reader, listener or viewer, an untrue or inaccurate impression. FOOD ACT 1992 (REPEALED) - SECT 20 Misleading presentation A person shall not, for the purpose of sale, display food in a manner that is likely to mislead as to its nature, substance or quality. Maximum penalty: 30 penalty units. FOOD ACT 1992 (REPEALED) - SECT 21 Food dispatched from the Territory A person shall not dispatch-- (a) substandard food; or (b) food that is packaged or labelled in a manner that does not comply with an applicable standard; from a place within the Territory to a place outside the Territory for the purpose of, or in relation to, a sale of that food. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. FOOD ACT 1992 (REPEALED) - SECT 22 Interpretation For the purposes of this division-- (a) in determining whether food is injurious to health, regard shall be had-- (i) to the probable effect of that food on the health of the person consuming it; and (ii) to the probable cumulative effect of food of substantially the same composition on the health of a person consuming it in ordinary quantities; and (b) food shall, in the absence of evidence to the contrary, be taken to be unfit for human consumption if, without limiting the generality of that expression-- (i) it is damaged, deteriorated or perished; or (ii) it contains any foreign substance or matter; or (iii) it contains animal or vegetable matter that is decomposed or dirt contaminated; or (iv) it contains part of an animal not normally sold for human consumption; or (v) it is the product of a diseased animal or of an animal that has died otherwise than by slaughter. FOOD ACT 1992 (REPEALED) - SECT 23 Rendering food unsafe (1) A person shall not render any food for sale-- (a) injurious to health; or (b) unfit for human consumption; or (c) so contaminated (whether by extraneous matter or otherwise) that it would not be reasonable to expect it to be used for human consumption in that state. (2) For the purposes of subsection (1), the rendering of food shall, without limiting the generality of that expression, be taken to include-- (a) adding, or failing to add, a substance, compound or article to the food; or (b) using, or failing to use, a substance, compound or article as an ingredient in the preparation of the food; or (c) abstracting a constituent from the food; or (d) subjecting, or failing to subject, the food to a process or treatment; or (e) any other act or omission relevant to the safety of the food. Maximum penalty: 100 penalty units, imprisonment for 1 year or both. FOOD ACT 1992 (REPEALED) - SECT 24 Sale of unsafe food A person shall not sell food that is-- (a) injurious to health; or (b) unfit for human consumption; or (c) so contaminated (whether by extraneous matter or otherwise) that it would not be reasonable to expect it to be used for human consumption in that state. Maximum penalty: 100 penalty units, imprisonment for 1 year or both. FOOD ACT 1992 (REPEALED) - SECT 24A Illegal sale (1) A person shall not sell eggs produced by a hen kept in a manner that constitutes an offence against a law of the Territory or that would constitute such an offence if the hen were so kept in the Territory. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. (2) Subsection (1) does not apply to the sale of a product in which eggs, the sale of which would otherwise be an offence under that subsection, are an ingredient. FOOD ACT 1992 (REPEALED) - SECT 24B Sale of eggs A person shall not expose eggs for sale or sell eggs unless packaged with a conspicuous label that indicates, by means of a prescribed expression, the conditions under which the hens that produced the eggs are kept. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. FOOD ACT 1992 (REPEALED) - SECT 25 Certificate evidence In any proceeding under this Act, a certificate purporting to be signed by the Minister stating-- (a) that he or she has received information from a specified government agency of the Commonwealth, a State or another Territory in relation to specified food; and (b) that such information provides reasonable grounds for believing that such food is-- (i) injurious to health; or (ii) unfit for human consumption; or (iii) so contaminated (whether by extraneous matter or otherwise) that it would not be reasonable to expect it to be used for human consumption in that state; and (c) that he or she believes, on the basis of that information, that such food is-- (i) injurious to health; or (ii) unfit for human consumption; or (iii) so contaminated (whether by extraneous matter or otherwise) that it would not be reasonable to expect it to be used for human consumption in that state; is evidence of the matters stated and of the facts on which they are based. Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act 2001, s 104). FOOD ACT 1992 (REPEALED) - SECT 26 Defences (1) It is a defence to a prosecution of a person for an offence against this part that-- (a) the contravention in respect of which the prosecution was instituted was due to the act or default of another person (other than a director, employee or agent of the defendant), to an accident or to some other cause beyond the defendant's control; and (b) the defendant had taken all reasonable precautions and exercised due diligence to avoid the contravention. (2) It is a defence to a prosecution for a breach of section 12, 13, 16, 17, 18 (1) or (2) or 21 that the food in respect of which the prosecution is brought is to be exported to a place outside the Territory and-- (a) its processing, sale or packaging complies with the law of that place; or (b) it will, before it is sold, be subjected to processing or further processing as a result of which it will cease to be substandard. (3) It is a defence to a prosecution for a breach of section 13, 14 (b), 16, 17, 18 (1) or (2), 21 or 24 that the food was not sold for human consumption. (4) In this section: "processing" includes manufacture, preparation, treatment and handling. FOOD ACT 1992 (REPEALED) - SECT 27 Codes of practice (1) The Minister may, in writing, approve codes of practice for this Act. Note Power given under an Act to make a statutory instrument (including a code of practice) includes power to amend or repeal the instrument (see Legislation Act 2001, s 46 (1)). (2) A code of practice may include requirements relating to matters relevant to the safety of food. (3) An approved code of practice is a disallowable instrument. Note 1 A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001. Note 2 An amendment or repeal of a code of practice is also a disallowable instrument (see Legislation Act 2001, s 46 (2)). (4) The Minister must also publish in a daily newspaper circulating in the ACT a notice of each code of practice approved under this section that-- (a) states when the approval takes effect; and (b) states where copies of the code of practice may be obtained; and (c) contains a statement to the effect that a copy of the code of practice may be inspected during office hours by members of the public at a stated place or places. (5) The Minister must ensure that a copy of the code of practice is available for public inspection during office hours at the place or places stated in the notice. (6) In subsections (2) and (3): "code of practice" includes any instrument, or any provision of an instrument, applied by the code of practice. FOOD ACT 1992 (REPEALED) - SECT 30 Requirement to be licensed (1) A person shall not carry on a food business except in accordance with a licence. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. (2) The regulations may-- (a) exempt a specified person or a person included in a specified class of persons from subsection (1); and (b) specify the circumstances, whether generally or in a particular case, in which an exemption applies. FOOD ACT 1992 (REPEALED) - SECT 31 Application for licence An application for a licence shall-- (a) be made by or on behalf of the proprietor; and (b) be executed by the applicant; and (c) in the case of existing food premises--be accompanied by a sketch plan of the premises showing-- (i) the layout of all fixtures, fittings, appliances and any other equipment installed in the premises; and (ii) the use, or proposed use, of each area forming part of the premises; and (d) in the case of food premises that, at the date of the application, have not been completed or are being altered--be accompanied by a copy of the relevant plans and specifications. Note 1 A fee may be determined under s 82 (Determination of fees) for this section. Note 2 If a form is approved under s 83 (Approved forms) for an application, the form must be used. FOOD ACT 1992 (REPEALED) - SECT 32 Further information on licence application The Minister may, by written notice, require an applicant for a licence to provide, either orally or in writing, such further information relating to the application as is specified in the notice. FOOD ACT 1992 (REPEALED) - SECT 33 Grant or refusal (1) Where an application for a licence has been made by a person in accordance with section 31, the Minister shall, subject to section 34 but otherwise as soon as practicable following receipt of the application, by notice in writing given to the applicant-- (a) grant the licence subject to such conditions (if any) as are specified on the licence; or (b) refuse to grant the licence. Note If a form is approved under s 83 (Approved forms) for a licence, the form must be used. (2) Without limiting the generality of subsection (1) (a), a licence may include a condition requiring compliance with an approved code of practice. (3) For the purposes of making a decision under subsection (1), the Minister shall have regard to the following matters: (a) the suitability of the food premises for the purposes of the relevant food business; (b) the regulations, a standard or an approved code of practice; (c) the competency and experience of the proprietor or manager to carry on the relevant food business; (d) the desirability of implementing a food safety plan for the purposes of the relevant food business; (e) such other matters that, in the interests of food safety, the Minister believes to be relevant to the circumstances of the application. FOOD ACT 1992 (REPEALED) - SECT 34 Licence not to be granted while premises incomplete A licence shall not be granted in respect of food premises that, at the date of the application, have not been completed or are being altered until the Minister is satisfied that the relevant requirements for the occupation and use of those premises have been duly complied with. FOOD ACT 1992 (REPEALED) - SECT 35 Effect of licence Subject to this Act, a licence authorises the licensee to carry on a food business in accordance with the licence on or from the food premises specified on the licence. FOOD ACT 1992 (REPEALED) - SECT 36 Inspection of licence The licensee of a food business shall ensure that a copy of the licence granted in respect of that business is available for inspection at the food premises specified on the licence upon request by a public health officer at any reasonable time. Maximum penalty: 1 penalty unit. FOOD ACT 1992 (REPEALED) - SECT 37 Duration (1) A licence, unless sooner surrendered or cancelled, remains in force for the period of 1 year commencing on the date on which it was granted or last renewed. (2) A licence shall not be taken to be in force while it is suspended under section 42 or 43. FOOD ACT 1992 (REPEALED) - SECT 38 Renewal The Minister shall, on application by a licensee before the expiration of the term of a licence, renew the licence for a period of 1 year commencing on the day immediately following the day on which, but for its renewal, the licence would have expired. Note A fee may be determined under s 82 (Determination of fees) for this section. FOOD ACT 1992 (REPEALED) - SECT 39 Alteration of food premises (1) A licensee shall not, without the approval of the Minister-- (a) structurally alter food premises including fixtures or fittings in those premises; or (b) alter any food processing appliances installed in food premises. Maximum penalty: 50 penalty units. (2) The Minister may, on application by a licensee, approve an alteration of the kind referred to in subsection (1). (3) An application shall-- (a) be executed by the applicant; and (b) where it is proposed to structurally alter food premises--be accompanied by a copy of the relevant plans and specifications. Note 1 A fee may be determined under s 82 (Determination of fees) for this section. Note 2 If a form is approved under s 83 (Approved forms) for an application, the form must be used. (4) The Minister may, by written notice, require the applicant to provide, either orally or in writing, such further information relating to the application as is specified in the notice. (5) The Minister shall, if satisfied, having regard to such of the matters referred to in section 33 (3) as he or she considers to be relevant to the circumstances of the application, by notice in writing given to the licensee-- (a) approve the alteration; or (b) refuse to approve the alteration. Note 1 A fee may be determined under s 82 (Determination of fees) for this section. Note 2 If a form is approved under s 83 (Approved forms) for an application, the form must be used. FOOD ACT 1992 (REPEALED) - SECT 40 Notice of transfer of food business (1) Where a food business is transferred to a new proprietor, the licensee and the new proprietor shall each give notice of the transfer to the Minister not later than 7 days after the date of the transfer. (2) Notice given by a person under subsection (1)-- (a) shall be in writing; and (b) shall include-- (i) the person's name and address for service of documents; and (ii) the location of the food business; and (iii) the date of transfer of the business to the new proprietor; and (c) in the case of the notice from the licensee, shall be accompanied by the relevant licence. (3) As soon as practicable after receipt of a notice referred to in subsection (2), the Minister shall, except in the case of a licence that has been suspended, amend the licence and send it to the new proprietor. (4) A person who, without reasonable excuse, contravenes subsection (1) commits an offence. Maximum penalty: 5 penalty units. FOOD ACT 1992 (REPEALED) - SECT 41 Variation of licences (1) On application by a licensee, the Minister shall, if satisfied that it is desirable in the interests of food safety, by notice in writing given to the licensee-- (a) vary the licence accordingly; or (b) refuse to vary the licence. (2) Where the Minister believes on reasonable grounds that it is desirable to vary a licence in the interests of food safety, the Minister shall give the licensee a written notice-- (a) specifying the ground upon which the Minister intends to vary the licence; and (b) stating the facts and circumstances that in the Minister's opinion, constitute that ground; and (c) informing the licensee that the licensee may, within a specified period, give a written response to the Minister in relation to the matters stated in the notice. (3) After the expiration of the period specified in a notice under subsection (2), taking into consideration any response given by the licensee, the Minister may, if satisfied on reasonable grounds that it is desirable to do so in the interests of food safety, vary the licence, by notice in writing given to the licensee, by-- (a) varying a condition to which it is subject; or (b) revoking such a condition; or (c) imposing a condition on the licence. (4) The variation of a licence takes effect on-- (a) the date on which notice of the variation is given to the licensee; or (b) if a later date is specified in the notice, on that later date. (5) In this section: "licence" includes a licence that is suspended. FOOD ACT 1992 (REPEALED) - SECT 42 Suspension or cancellation of licences (1) For the purposes of this section, a licence may be suspended or cancelled on any of the following grounds: (a) contravention by the licensee of a condition to which the licence is subject; (b) the obtaining of the licence by fraud or misrepresentation; (c) the conviction of the licensee of an offence against this Act; (d) the failure of the licensee to comply with an improvement notice. Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act 2001, s 104). (2) Where the Minister believes on reasonable grounds that-- (a) there exists a ground for the suspension or the cancellation of a licence; and (b) it is desirable in the interests of food safety to suspend or cancel the licence; the Minister shall give written notice to the licensee-- (c) specifying the ground upon which the Minister intends to suspend or cancel the licence; and (d) stating the facts and circumstances that in the Minister's opinion, constitute that ground; and (e) informing the licensee that the licensee may, within 28 days after the date of the notice, give a written response to the Minister in relation to the matters stated in the notice. (3) The Minister may, by notice in writing given to the licensee-- (a) where the licensee gives a written response within 28 days after the date of a notice under subsection (2), after taking that response into consideration; or (b) where the licensee does not give a written response before the expiration of 28 days after the date of that notice, after the expiration of that period; and if satisfied on reasonable grounds of the matters referred to in paragraphs (2) (a) and (b)-- (c) in the case of a notice of intention to suspend the licence for a specified period--suspend the licence for that period, or for such shorter period as the Minister thinks fit; or (d) in the case of a notice of intention to cancel the licence--cancel the licence or suspend it for such period as the Minister thinks fit. (4) The suspension or cancellation of a licence takes effect on-- (a) the date on which notice of the suspension or cancellation is given to the licensee; or (b) if a later date is specified in the notice, on that later date. FOOD ACT 1992 (REPEALED) - SECT 43 Emergency suspension of licences (1) For the purposes of this section, a licence may be suspended on any of the following grounds: (a) contravention by the licensee of a condition to which the licence is subject; (b) the conviction of the licensee of an offence against this Act; (c) the giving of a prohibition notice. Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act 2001, s 104). (2) Where the Minister believes on reasonable grounds that-- (a) there exists a ground for the suspension of a licence; and (b) it is necessary to suspend the licence in order to prevent or remove an imminent risk of injury to health, the Minister may, by notice in writing given to the licensee, suspend the licence for a period not exceeding 6 months. (3) The suspension takes effect on the date on which the notice is given to the licensee. (4) The notice of suspension shall-- (a) specify the ground upon which the licence was suspended; and (b) specify the period of the suspension; and (c) state the facts and circumstances that, in the Minister's opinion, constitute that ground. FOOD ACT 1992 (REPEALED) - SECT 44 Return of licence (1) Within 7 days after the date of effect of the variation, suspension or cancellation of a licence, the person who was licensed shall not, without reasonable excuse, fail to return the licence to the Minister. Maximum penalty: 5 penalty units. (2) As soon as practicable after the return of a licence for variation, the Minister shall endorse the variation on the licence and return it to the licensee. FOOD ACT 1992 (REPEALED) - SECT 45 Interpretation A reference in this part to "licensee" shall, in relation to a food business in respect of which-- (a) a licence has not been granted; or (b) a licence has ceased to be in force; be read as a reference to proprietor in relation to that food business. FOOD ACT 1992 (REPEALED) - SECT 46 Improvement notices (1) Where a public health officer believes on reasonable grounds that a person-- (a) is contravening a provision of this Act; or (b) is likely to contravene a provision of this Act; the public health officer may give-- (c) an improvement notice to the person who is, or whom the public health officer reasonably believes to be, in charge of the relevant food business or food premises, as the case requires; and (d) if that person is not, to the knowledge of the public health officer, the licensee--a copy of the improvement notice to the licensee; requiring the licensee to rectify the matters or activities occasioning the contravention, or likely contravention. Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations and an approved code of practice (see Legislation Act 2001, s 104). (2) An improvement notice shall-- (a) specify the contravention that the public health officer believes is occurring or is likely to occur and set out the reasons for that belief; and (b) specify a period, being a period that is in the officer's opinion reasonable, within which the licensee is to rectify the matters or activities to which the notice relates. (3) An improvement notice may specify action that the licensee is to take during the period specified in the notice. (4) Before the end of the period specified in an improvement notice, the public health officer who issued the notice may, on his or her own motion or on application by the licensee, by notice in writing given to the licensee, extend the period within which the licensee is to take action in accordance with the notice. (5) An improvement notice continues in force until revoked in accordance with section 48. FOOD ACT 1992 (REPEALED) - SECT 47 Prohibition notices (1) Where a public health officer believes on reasonable grounds that-- (a) the manner in which a food business, or any part of that business, is being carried on; or (b) the use being made of food premises; or (c) the state or condition of food premises; involves, or may involve, the imminent risk of injury to health, the public health officer may give-- (d) a prohibition notice to the person who is, or whom the public health officer reasonably believes to be, in charge of the relevant food business or food premises, as the case requires; and (e) if that person is not, to the knowledge of the public health officer, the licensee--a copy of the prohibition notice to the licensee; directing, as the case requires, the licensee to ensure that-- (f) the food business, or any part of that business-- (i) is not carried on; or (ii) is not carried on except in accordance with directions specified in the notice; or (g) the food premises-- (i) are not used for the food business, or for any part of that business; or (ii) are not used for the food business, or for any part of the food business except in accordance with directions specified in the notice. (2) Without limiting subsection (1), a prohibition notice may include directions relating to-- (a) any part of the food premises where a specified activity is, or is not, to be carried on; or (b) any substance, compound or article that is, or is not, to be used in connection with a specified activity; or (c) any practice or procedure that is, or is not, to be followed in connection with a specified activity; or (d) the recall of any food or appliance that may have been consigned or distributed for sale; or (e) the impounding or isolation of any food or appliance; or (f) the destruction or disposal, in a manner specified in the notice, of any food or appliance; or (g) the specification of a period, being a period that is, in the opinion of the public health officer who issued the notice, reasonable within which the licensee is to comply with a direction. (3) Before the end of any period specified under subsection (2) (g), the public health officer who issued the notice may, on his or her own motion or on application by the licensee, by notice in writing given to the licensee, extend any period within which the licensee is to take action in accordance with the notice. (4) The licensee of a food business who has been given a prohibition notice shall cause a copy of that notice to be displayed in a prominent place on the food premises specified in the notice. (5) A licensee who, without reasonable excuse, contravenes subsection (4) commits an offence. Maximum penalty: 10 penalty units. (6) A prohibition notice continues in force until revoked in accordance with section 48. FOOD ACT 1992 (REPEALED) - SECT 48 Revocation of notices (1) A public health officer shall, on his or her own motion or on application by the licensee of a food business, revoke an improvement notice or a prohibition notice, if satisfied after carrying out an inspection in relation to the matters in respect of which the relevant notice was issued-- (a) in the case of an improvement notice--that the licensee has complied with the notice; or (b) in the case of a prohibition notice--that adequate measures have been taken by the licensee to prevent or remove the relevant risk of injury to health that gave rise to the notice. (2) An application by a licensee for the purposes of subsection (1) shall-- (a) be made in writing; and (b) be addressed to the public health officer who issued the relevant notice; and (c) specify the measures taken by the licensee in compliance with the notice; and (d) nominate a date for an inspection to be made in relation to the matters in respect of which the notice was given. Note A fee may be determined under s 82 (Determination of fees) for this section. (3) As soon as practicable after receipt of an application in accordance with subsection (2), a public health officer shall, by arrangement with the licensee, carry out an inspection in relation to the matters in respect of which the relevant notice was given and, if satisfied about the matters referred to in subsection (1) (a) or (b), as the case requires, by notice in writing given to the relevant licensee-- (a) revoke the relevant notice; or (b) refuse to revoke the relevant notice. FOOD ACT 1992 (REPEALED) - SECT 49 Compliance with notices A licensee to whom-- (a) an improvement notice; or (b) a prohibition notice; has been given shall not, without reasonable excuse, fail to comply with the requirements of the relevant notice. Maximum penalty: 100 penalty units, imprisonment for 1 year or both. FOOD ACT 1992 (REPEALED) - SECT 50 Interpretation (1) For the purposes of this part, a thing is connected with a particular offence if-- (a) the offence has been committed with respect to it; or (b) it will afford evidence of the commission of the offence; or (c) it was used, or it is intended to be used, for the purpose of committing the offence. (2) A reference in this part to an offence shall be read as including a reference to an offence that there are reasonable grounds for believing is being or has been committed. (3) Where a public health officer enters premises in accordance with this part, a reference to the occupier of the premises includes a reference to a person the public health officer believes on reasonable grounds-- (a) to be the occupier of those premises; or (b) to be in charge of those premises. FOOD ACT 1992 (REPEALED) - SECT 51 Entry to premises (1) Where a public health officer believes on reasonable grounds that it is necessary to do so for the purposes of this Act, he or she may, with such assistance and by such force as is reasonable, enter prescribed premises-- (a) other than a dwelling or any part of those premises used for residential purposes--at any reasonable time; or (b) with the consent of the occupier; or (c) pursuant to a warrant issued under section 54; or (d) if the public health officer believes on reasonable grounds that the circumstances are of such seriousness and urgency as to require immediate entry to the premises without the authority of a warrant. (2) A public health officer who enters premises pursuant to subsection (1) is not entitled to remain on those premises if, on request by the occupier, the public health officer does not produce his or her identity card to the occupier. (3) In this section, a reference to reasonable time in relation to entry to prescribed premises is-- (a) in the case of food premises--a reference to any hour of the day or night when the relevant food business is being conducted at those premises; or (b) in the case of prescribed premises other than food premises--a reference to any time during normal business hours. (4) In this section: "prescribed premises" means premises which the public health officer believes on reasonable grounds to be-- (a) food premises; or (b) premises that contain records relating to-- (i) food for sale; or (ii) the manufacture, preparation, processing, treatment or handling of food for sale; or (iii) an appliance. FOOD ACT 1992 (REPEALED) - SECT 52 Consent to entry (1) Before obtaining the consent of a person for the purposes of section 51 (1) (b), a public health officer shall-- (a) produce his or her identity card; and (b) inform that person that he or she may refuse to give consent. (2) Where a public health officer obtains the consent of a person for the purposes of section 51 (1) (b), the public health officer shall ask the person to sign a written acknowledgment-- (a) of the fact that the person has been informed that he or she may refuse to give consent; and (b) of the fact that the person has voluntarily given consent; and (c) of the day on which, and the time at which, that consent was given. (3) Where it is material in any proceedings for a court to be satisfied of the voluntary consent of a person for the purposes of section 51 (1) (b) and an acknowledgment, in accordance with subsection (2), signed by the person is not produced in evidence, the court shall assume, unless the contrary is proved, that the person did not voluntarily give such consent. FOOD ACT 1992 (REPEALED) - SECT 53 Powers of public health officers Subject to this part, where a public health officer enters any premises in accordance with this part, he or she may-- (a) inspect, examine, take measurements in relation to, or conduct tests concerning, the premises or any system of work, plant, substance or thing at the premises; and (b) inspect and test any container, equipment or appliance on the premises that the public health officer believes on reasonable grounds to be used for the manufacture, preparation, processing, treatment, handling, sale or disposal of food; and (c) inspect and test any food for sale or any material or substance that the public health officer believes on reasonable grounds to be food for sale and take samples of any such food, material or substance; and (d) open, or require a person to open, and examine any container or package that the public health officer believes on reasonable grounds to contain food for sale; and (e) take such photographs or make such video, sound recordings or films in connection with an inspection as the public health officer believes on reasonable grounds to be necessary for the purposes of this Act; and (f) seize anything (including records, documents, packaging material, labels or labelling material and material used in connection with advertising) that the public health officer believes on reasonable grounds to be connected with an offence against this Act; and (g) require the occupier of the premises to make available to the public health officer any record, document, labelling or advertising material relating to food or the sale of food, the manufacture, preparation, processing, treatment or handling of food for sale or to an appliance; and (h) where information relating to food for sale, the sale of food, the manufacture, preparation, processing, treatment or handling of food for sale or to an appliance is stored on computer or other electronic equipment--require the occupier of the premises to produce the information in a visible or audible form; and (i) inspect, make copies of and take extracts from any record or document or of information referred to in subsection (h); and (j) require the occupier of the premises to provide information or answer questions reasonably related to the use of those premises in connection with the manufacture, preparation, processing, treatment, handling, sale or disposal of food; and (k) require the occupier of the premises to render such assistance to the public health officer as is necessary and reasonable to enable the health officer to exercise his or her powers under this section; and (m) stop, detain and inspect any vehicle that the public health officer believes on reasonable grounds to have in or upon it anything connected with an offence against this Act. Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act 2001, s 104). FOOD ACT 1992 (REPEALED) - SECT 54 Search warrants (1) Where an information on oath is laid before a magistrate alleging that there are reasonable grounds for suspecting that there may be, on any premises to which entry is permitted under section 51, a thing of a particular kind connected with a particular offence against this Act and the information sets out those grounds, the magistrate may issue a search warrant authorising a public health officer named in the warrant, with such assistance and by such force as is necessary and reasonable-- (a) to enter the premises; and (b) to search those premises for things of that kind; and (c) to exercise any of the powers referred to in section 53 in relation to such a thing. Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act 2001, s 104). (2) A magistrate shall not issue a warrant under subsection (1) unless-- (a) the informant or some other person has given to the magistrate, either orally or by affidavit, such further information (if any) that the magistrate requires concerning the grounds on which the issue of the warrant is being sought; and (b) the magistrate is satisfied that there are reasonable grounds for issuing the warrant. (3) A warrant shall-- (a) state the purpose for which it is issued; and (b) specify the nature of the offence in relation to which the entry, search and exercise of the powers under section 53 are authorised; and (c) specify particular hours during which the entry is authorised or state that the entry is authorised at any time of the day or night; and (d) include a description of the kinds of things in relation to which the powers under section 53 may be exercised; and (e) specify a day, not being later than 1 month after the date of issue of the warrant, on which the warrant ceases to have effect. FOOD ACT 1992 (REPEALED) - SECT 55 Notice of seizure A public health officer who seizes anything under section 53 (f) shall, as soon as practicable, give-- (a) the owner of the thing seized; or (b) if the owner is not present or readily available, the person who had possession, custody or control of the thing immediately before its seizure; a notice in writing specifying-- (c) the thing seized, including the relevant quantity (if any); and (d) the date and place of seizure; and (e) the location of the thing seized; and (f) the reasons for the seizure; and (g) the procedure provided for by this Act for obtaining relief against the seizure; and (h) the name, address and telephone number of a public health officer who may be contacted in relation to the seizure. FOOD ACT 1992 (REPEALED) - SECT 56 Storage of things seized (1) Anything seized by a public health officer in accordance with this part may, at the option of the public health officer, be detained on the premises where it was found and for that purpose it may-- (a) be placed in a room, compartment, cabinet or an enclosed area; and (b) be secured against interference; and (c) be identified in a manner that makes it clear that the thing has been seized for the purposes of this Act. (2) Where, in accordance with subsection (1), a thing has been detained on premises, the public health officer responsible shall, as soon as practicable, give the occupier of those premises a notice in writing specifying-- (a) the thing detained, including the relevant quantity (if any); and (b) the manner and circumstances in which the thing has been detained; and (c) the expected period of such detention; and (d) the liability of the occupier in respect of an offence under section 78 (2); and (e) the name, address and telephone number of a public health officer who may be contacted in relation to the detention. FOOD ACT 1992 (REPEALED) - SECT 57 Access to seized records Where a record or document is seized under this part, the public health officer shall permit the person otherwise entitled to possession of it, or his or her agent, to inspect, make copies of or take extracts from the record or document. FOOD ACT 1992 (REPEALED) - SECT 58 Return of thing seized (1) If, after a thing has been seized under this part-- (a) either-- (i) at the expiration of a period of 6 months commencing on the date of the seizure, no proceedings have been commenced in relation to any alleged offence under this Act in respect of the thing; or (ii) if such proceedings were commenced within that period--the charge has been withdrawn or the proceedings (including any appeal in relation to those proceedings) have otherwise been determined with no conviction being recorded; or (iii) the Minister becomes satisfied that no contravention of this Act has been committed in respect of the thing; and (b) the thing has not been destroyed or disposed of in a manner that would prevent it being dealt with in accordance with this subsection; the Minister shall cause the thing to be delivered to-- (c) the person from whom it was seized; or (d) such other person as appears to the Minister to be entitled to it. Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act 2001, s 104). (2) Where anything is delivered under subsection (1) after being forfeited to the Territory under section 64, such proprietary and other interests in the thing obtain as existed immediately before such forfeiture. FOOD ACT 1992 (REPEALED) - SECT 59 Application for relief against seizure (1) A person claiming to be entitled to anything seized under this part may-- (a) in the case of food having a maximum durable shelf life of 7 days--within 72 hours after the seizure of the food; and (b) in any other case--within 10 days after the seizure of the thing; apply to a court of competent jurisdiction in the Territory for an order disallowing the seizure. (2) An application under subsection (1) shall be made in accordance with the relevant rules of court and shall not be heard unless the applicant has served a copy of the application on the public health officer responsible for the relevant seizure. FOOD ACT 1992 (REPEALED) - SECT 60 Appearance to application The public health officer responsible for the relevant seizure is entitled to appear as respondent at the hearing of an application made under section 59 (1). FOOD ACT 1992 (REPEALED) - SECT 61 Order disallowing seizure On the hearing of an application made under section 59 (1), the court shall make an order disallowing the relevant seizure-- (a) if-- (i) it is proved by or on behalf of the applicant that the applicant would, but for the seizure, be entitled to the return of the thing seized; and (ii) it is not proved beyond reasonable doubt that an offence was being or had been, at the time of the seizure, committed, being an offence with which the thing is connected; or (b) if, in the opinion of the court, there are exceptional circumstances justifying the making of an order disallowing the seizure; but otherwise the court shall refuse the application. FOOD ACT 1992 (REPEALED) - SECT 62 Ancillary orders (1) In the event that the court makes an order disallowing the seizure of a thing, it shall also make 1 or both of the following orders: (a) an order directing the respondent to cause the thing to be delivered to the applicant or to such other person as appears to the court to be entitled to it; (b) if the thing cannot for any reason be so delivered or the thing has in consequence of the seizure depreciated in value an order directing the Territory to pay to the applicant such amount by way of compensation as the court considers to be just and reasonable. (2) Where the applicant satisfies the court that he or she has sustained financial loss by reason of being deprived of the thing seized, the court may, in making an order under subsection (1), direct the Territory to pay the applicant such amount by way of compensation as the court considers just and reasonable. (3) The award of costs with respect to the hearing of an application lies in the discretion of the court. (4) If the court makes an order for the payment of compensation or awards costs, the order is enforceable as a judgment of the court. FOOD ACT 1992 (REPEALED) - SECT 63 Adjournment pending other proceedings If, on the hearing of an application made under section 59 (1), it appears to the court that the thing that is the subject of the application is required to be produced in evidence in any pending proceedings in connection with an offence against this Act, the court may, on the application of the respondent, or on its own motion, adjourn the hearing until the conclusion of those proceedings. Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act 2001, s 104). FOOD ACT 1992 (REPEALED) - SECT 64 Forfeiture of things seized Where-- (a) anything seized under this part has not been dealt with in accordance with section 58 (1); and (b) an application for disallowance of the seizure under section 59 (1)-- (i) has not been made within the relevant period allowed; or (ii) has been made within that period, but the application has been refused or has been withdrawn before a decision in respect of the application had been made; the thing is forfeited to the Territory and may, subject to this part, be destroyed, sold or otherwise disposed of as the Minister may, generally or in a particular case, direct. FOOD ACT 1992 (REPEALED) - SECT 65 Cost of destruction or disposal of things forfeited (1) Where-- (a) a person is convicted of an offence against this Act in respect of anything forfeited to the Territory under this division; and (b) that person was the owner of the thing immediately before it was forfeited; any costs incurred by or on behalf of the Territory in connection with the lawful destruction or disposal of the thing is a debt due to the Territory by that person. Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act 2001, s 104). (2) Where a debt under subsection (1) is due by 2 or more persons, the liability of those persons is joint and several. (3) In any proceedings under subsection (1), a certificate signed by the Minister stating that the amount of any costs and the manner in which they were incurred is evidence of the matters stated. FOOD ACT 1992 (REPEALED) - SECT 66 Destruction of noxious material Where a public health officer has seized any food under this part and the public health officer believes on reasonable grounds that the food contains animal or vegetable matter that is decomposed or dirt contaminated then, notwithstanding any provision to the contrary in this part, the public health officer may cause the food to be destroyed. FOOD ACT 1992 (REPEALED) - SECT 67 Owner of sample to be informed Where a public health officer takes a sample of food under this part with the intention that it be submitted for analysis, he or she shall, before or as soon as practicable after taking the sample, inform-- (a) the owner of the food comprised in the sample; or (b) if the owner is not present or readily available, the person from whom the sample was taken or the person having charge of the food; of his or her intention of having the food analysed. FOOD ACT 1992 (REPEALED) - SECT 68 Payment for sample (1) Where a public health officer takes a sample of food under this part he or she shall pay or tender an amount representing the current market value of the food comprised in the sample. (2) In any proceedings for an offence of selling food in contravention of this Act, the taking of a sample of food in accordance with this part shall, for the purposes of this Act, be taken to be a sale of the food. Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act 2001, s 104). FOOD ACT 1992 (REPEALED) - SECT 69 Sampling procedure (1) A public health officer shall-- (a) take samples in accordance with any applicable standard; or (b) where there is no applicable standard--take samples in accordance with this section. (2) Where a sample is not taken in accordance with an applicable standard, the public health officer shall-- (a) divide the sample into 3 parts; and (b) label and seal each part in such a manner as its nature permits; and (c) deliver 1 part to the owner, agent, servant or person in charge of the food sampled; and (d) retain 1 part for a future comparison; and (e) submit 1 part to an analyst. (3) Where-- (a) food is contained in a package; and (b) the division of the food into 3 parts would not yield parts sufficient for accurate analysis; the public health officer may take sufficient other packages containing food of that kind and mix the food together. (4) Food mixed in accordance with subsection (3) shall be taken to be a sample for the purposes of this section. (5) For the purposes of subsections (2) and (3), where food is in packages, a sample may be constituted by 1 or more packages. (6) Subject to subsection (2), where a sample is constituted by more than 1 package, a part into which the sample may be divided under subsection (2) may consist of 1 or more packages. FOOD ACT 1992 (REPEALED) - SECT 70 Samples from vending machines The provisions of this division do not apply in relation to a sample taken from a food vending machine by means of the ordinary operation of the machine if, at the time that the sample is taken, there is no person who admits to the public health officer to being in charge of the machine and the public health officer believes on reasonable grounds that it is impracticable to ascertain particulars of the owner or manufacturer of the food. FOOD ACT 1992 (REPEALED) - SECT 71 Duty of analysts Where a sample of food is submitted to an analyst for analysis under this part, the analyst shall-- (a) make an analysis of the food or supervise the analysis of the food by another person acting under his or her direction; and (b) furnish the person who submitted the food for analysis with a certificate containing the information referred to in section 72 (1); and (c) where a method of analysis has been prescribed by a standard for the analysis of food of the type submitted to the analyst--duly observe the method of analysis prescribed. FOOD ACT 1992 (REPEALED) - SECT 72 Certificate evidence (1) Subject to subsection (2), in any proceedings for an offence against this Act, a certificate purporting to be signed by an analyst and stating in relation to food taken or seized under this part-- (a) that the analyst signing the certificate is duly appointed under this Act; and (b) when and from whom the food was received; and (c) which (if any) labels or other means of identifying the food accompanied it when it was received; and (d) where a method of analysis has been prescribed by a standard for the analysis of food of the type submitted to the analyst--that the analyst has duly observed the method of analysis prescribed in making the analysis; and (e) the results of the analysis; is evidence of the matters stated in the certificate and of the facts on which they are based. Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act 2001, s 104). (2) Subsection (1) only applies if a copy of the certificate was served on the defendant in the proceedings, or on the defendant's legal practitioner on the record of those proceedings, not later than 14 days, or such shorter period as the court orders, before the commencement of the proceedings. (3) For the purposes of subsection (1), a certificate that purports to be signed by an analyst shall, unless the contrary is proved, be taken to have been signed by the analyst who purports to have signed it. (4) Subject to subsection (5), where the certificate of an analyst is admitted in evidence in a proceeding, the defendant may require the analyst to be called as a witness for the prosecution and the analyst may be cross-examined as if he or she had given evidence of the matters stated in the certificate. (5) Subsection (4) does not entitle a person to require the analyst to be called as a witness for the prosecution unless-- (a) the prosecutor has been given at least 4 days notice of the person's intention to require the analyst to be called; or (b) the court, by order, allows the analyst to be so called. FOOD ACT 1992 (REPEALED) - SECT 73 Analysis of spare part of sample (1) In any proceedings to which this section applies the court shall, on the application of either party to the proceedings, order the public health officer to deliver or send, in such manner as it determines, the part of any sample which has been retained for future comparison pursuant to section 69 (2) (d) to an independent analyst for analysis or to the analyst for the prosecution and to the analyst for the defence for joint analysis. (2) This section applies to any proceedings before a court for an offence against this Act in respect of any food a sample of which has been taken by a public health officer under this part where the court is satisfied that the result of the analysis of the part of the sample left with a person referred to in section 69 (2) (c) shows that the food comprised in that part did not contravene the requirements of the Act to which the proceedings relate. Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act 2001, s 104). (3) The analyst to whom a part of the sample is submitted pursuant to an order under subsection (1) shall-- (a) make an analysis of the food or supervise the analysis of the food by another person acting under his or her direction; and (b) where a method of analysis has been prescribed by a standard for the analysis of food of the type submitted to the analyst--duly observe the method of analysis prescribed; and (c) furnish the court with a certificate stating-- (i) where a method of analysis has been prescribed by a standard for the analysis of food of the type submitted to the analyst--that the analyst has duly observed the method of analysis prescribed in making the analysis; and (ii) the results of the analysis. (4) A certificate transmitted to a court under this section is evidence of the matters stated in the certificate and of the facts on which they are based. (5) The costs of carrying out such an analysis shall be in the discretion of the court. (6) If, in a case where an appeal is brought, no order under subsection (1) has been made by the lower court, a reference in this section to a court shall be read as a reference to the appellate court. (7) In subsection (1): "independent analyst" means any analyst who has not previously analysed any other part of the sample to which the proceedings relate. FOOD ACT 1992 (REPEALED) - SECT 74 Time limit for certain prosecutions Where a sample of food has been taken under this part for the purpose of analysis, no prosecution for an offence against this Act in respect of the food may be commenced after the expiration of the period of 6 months from the date on which the sample was taken. Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act 2001, s 104). FOOD ACT 1992 (REPEALED) - SECT 75 Obstruction of public health officers (1) A person shall not, without reasonable excuse-- (a) hinder or obstruct a public health officer in the exercise of his or her powers, or the performance of his or her duties, for the purposes of this Act; or (b) contravene a requirement made of him or her by a public health officer in the exercise of his or her powers under section 53. Maximum penalty: (a) for paragraph (a)--50 penalty units, imprisonment for 6 months or both; or (b) for paragraph (b)--50 penalty units. Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act 2001, s 104). (2) The fact that providing information or answering questions pursuant to a requirement under section 53 (j) may tend to incriminate an occupier of premises shall be taken to be a reasonable excuse on the part of that occupier for the purposes of subsection (1) (b). FOOD ACT 1992 (REPEALED) - SECT 76 False information A person shall not knowingly provide false information to a public health officer in relation to an offence against this Act. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act 2001, s 104). FOOD ACT 1992 (REPEALED) - SECT 77 Prohibited use of analysis A person shall not use for trade or advertising purposes the results of an analysis made for the purposes of this Act. Maximum penalty: 50 penalty units. FOOD ACT 1992 (REPEALED) - SECT 78 Interference with things detained (1) Where a public health officer has seized a thing under this part and detained it on premises pursuant to section 56, a person who, without the permission of the public health officer, removes, breaks, opens or interferes with the thing commits an offence. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. (2) Where an offence against subsection (1) has been committed, then whether or not any person has been charged with or convicted of that offence, the occupier of the premises where the offence was committed commits an offence. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. (3) It is a defence to a prosecution for breach of subsection (2) that the defendant-- (a) had taken all reasonable steps to prevent the breach of subsection (1); or (b) believed on reasonable grounds that another person had taken, or would take, all reasonable steps to prevent that breach. FOOD ACT 1992 (REPEALED) - SECT 79 Review by administrative appeals tribunal (1) An application may be made to the administrative appeals tribunal for review of a decision of the Minister-- (a) granting a licence subject to conditions under section 33 (1) (a); or (b) refusing to grant a licence under section 33 (1) (b); or (c) refusing to approve an alteration to food premises under section 39 (5) (b); or (d) refusing to vary a licence under section 41 (1) (b); or (e) varying a licence under section 41 (3); or (f) suspending or cancelling a licence under section 42 (3); or (g) suspending a licence under section 43 (2) (b). (2) An application may be made to the administrative appeals tribunal for review of a decision of a public health officer-- (a) giving an improvement notice; or (b) refusing to extend a period for compliance with an improvement notice under section 46 (4); or (c) giving a prohibition notice; or (d) refusing to extend a period for compliance with a prohibition notice under section 47 (3); or (e) refusing to revoke an improvement notice or a prohibition notice under section 48 (3). (3) A notice under subsection (1) or (2) shall be in accordance with the requirements of the the code of practice in force under the Administrative Appeals Tribunal Act 1989, section 25B (1). FOOD ACT 1992 (REPEALED) - SECT 80 Evidentiary value of copies of records Where-- (a) a public health officer, in the exercise of his or her powers, or the performance of his or her duties, for the purposes of this Act, makes or causes to be made a copy of a record or part of a record; and (b) certifies that the copy is a true copy of that record or part; then, in any proceedings under this Act, the copy is admissible in evidence for all purposes for which the record or part could have been so admitted unless the court is satisfied that the certificate of the public health officer is not accurate. Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act 2001, s 104). FOOD ACT 1992 (REPEALED) - SECT 81 Conduct of directors, servants and agents (1) Where, for the purposes of this Act, it is necessary to establish the state of mind of a body corporate or a natural person in relation to particular conduct, it is sufficient to show-- (a) that a director, servant or agent of the body, or a servant or agent of the person, had that state of mind; and (b) that the conduct was engaged in by that director, servant or agent within the scope of his or her actual or apparent authority. (2) A reference in subsection (1) to the state of mind of a body or person shall be read as including a reference to-- (a) the knowledge, intention, opinion, belief or purpose of the body or person; and (b) the body's or person's reasons for the intention, opinion, belief or purpose. (3) Any conduct engaged in on behalf of a body corporate or a natural person by a director, servant or agent of the body, or a servant or agent of the person, within the scope of his or her actual or apparent authority is to be taken, for the purposes of this Act, to have been engaged in also by the body or person unless the body or person establishes that reasonable precautions were taken and due diligence was exercised to avoid the conduct. (4) Where-- (a) a natural person is convicted of an offence against this Act; and (b) the person would not have been convicted of the offence if subsections (1) and (3) had not been enacted; the person is not liable to be punished by imprisonment for that offence. (5) A reference in this section to a director of a body corporate is to be read as including a reference to a member of a body corporate incorporated for a public purpose by a law of the Territory, the Commonwealth, a State or another Territory. (6) A reference in this section to engaging in conduct shall be read as including a reference to failing or refusing to engage in conduct. FOOD ACT 1992 (REPEALED) - SECT 82 Determination of fees (1) The Minister may, in writing, determine fees for this Act. Note The Legislation Act 2001 contains provisions about the making of determinations and regulations relating to fees (see pt 6.3). (2) A determination is a disallowable instrument. Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001. FOOD ACT 1992 (REPEALED) - SECT 83 Approved forms (1) The Minister may, in writing, approve forms for this Act. (2) If the Minister approves a form for a particular purpose, the approved form must be used for that purpose. (3) An approved form is a notifiable instrument. Note A notifiable instrument must be notified under the Legislation Act 2001. FOOD ACT 1992 (REPEALED) - SECT 84 Regulation-making power (1) The Executive may make regulations for this Act. Note Regulations must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001. (2) The regulations may make provision in relation to-- (a) the composition of food, including the maximum amounts of contaminants or residues that may be present in the food; or (b) the microbiological status and safety of food; or (c) the method of sampling and testing food to determine its composition; or (d) the production of food, including the maximum or minimum amounts of additives that must or may be used in the preparation of the food; or (e) the packaging, storage or handling of food; or (f) information about food, including labelling, promotion and advertising; or (g) the interpretation of other standards, including national standards. (3) Without limiting the generality of subsection (1), the regulations may make provision in relation to matters relevant to the safety of food, including provision-- (a) requiring precautions, including measures for personal hygiene, to be taken in relation to transmissible notifiable conditions within the meaning of the Public Health Act 1997; and (b) in relation to training in matters relevant to the safety of food, including provisions-- (i) relating to the provision of training programs by the Territory; and (ii) relating to the approval of training programs; and (iii) relating to the accreditation of persons who conduct training programs; and (iv) requiring persons who are, or intend to become, involved in food businesses, whether as proprietors or employees or otherwise, to undertake training programs; and (c) in relation to food safety plans for food businesses; and (d) requiring the keeping of records and the furnishing of returns in relation to matters relevant to the safety of food; and (e) providing for requirements in relation to the design, siting and construction of food premises; and (f) providing for requirements in relation to appliances. (4) The regulations may also prescribe offences for contraventions of the regulations and prescribe maximum penalties of not more than 10 penalty units for offences against the regulations. FOOD ACT 1992 (REPEALED) - NOTES Endnotes Endnotes 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office. Uncommenced amending laws are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnotes. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. If the republished law includes penalties, current information about penalty unit values appears on the republication inside front cover. 2 Abbreviation key am = amended ord = ordinance amdt = amendment orig = original ch = chapter p = page cl = clause par = paragraph def = definition pres = present dict = dictionary prev = previous disallowed = disallowed by the Legislative (prev...) = previously Assembly prov = provision div = division pt = part exp = expires/expired r = rule/subrule Gaz = Gazette reg = regulation/subregulation hdg = heading renum = renumbered ins = inserted/added reloc = relocated LA = Legislation Act 2001 R[X] = Republication No LR = legislation register s = section/subsection LRA = Legislation (Republication) Act 1996 sch = schedule mod = modified / modification sdiv = subdivision No = number sub = substituted num = numbered SL = Subordinate Law o = order underlining = whole or part not commenced om = omitted/repealed 3 Legislation history Legislation Year and number Gazette notification Commencement Food Act 1992 1992 No 47 1 Sept 1992 ss 1 and 2: 1 Sept 1992 remainder: 1 Mar 1993 Acts Revision (Position of Crown) Act 1993 1993 No 44 27 Aug 1993 27 Aug 1993 (see s 2) Food (Amendment) Act 1993 1993 No 52 27 Aug 1993 ss 1-3: 27 Aug 1993 remainder 27 Feb 1994 as amended by 1993 No 100 24 Dec 1993 ss 1 and 2: 24 Dec 1993 remainder: 27 Feb 1994 Food (Amendment) Act (No 2) 1993 1993 No 100 24 Dec 1993 ss 1 and 2: 24 Dec 1993 remainder: 27 Feb 1994 Administrative Appeals (Consequential Amendments) Act 1994 1994 No 60 11 Oct 1994 ss 1 and 2: 11 Oct 1994 remainder: 14 Nov 1994 (see s 2 (2) and Gaz 1994 No S250) Statutory Offices (Miscellaneous Provisions) Act 1994 1994 No 97 15 Dec 1994 ss 1 and 2: 15 Dec 1994 remainder: 15 Dec 1994 (see Gaz 1994 No S293) Statute Law Revision Act 1995 1995 No 46 18 Dec 1995 18 Dec 1995 Food (Amendment) Act 1997 1997 No 46 19 Sept 1997 ss 1-3: 19 Sept 1997 s 4 (as it ins s 24B): 20 Sept 1999 (see s 2 (4), s 2A) remainder: 19 Dec 1997 Public Health (Miscellaneous Provisions) Act 1997 1997 No 70 (sch 1, sch 3) 9 Oct 1997 ss 1-3: 9 Oct 1997 sch 1: 13 Aug 1998 (see Gaz 1998 No S185) sch 3: 10 July 2001 (Gaz 2001 No S45) Legal Practitioners (Consequential Amendments) Act 1997 1997 No 96 1 Dec 1997 ss 1 and 2: 1 Dec 1997 remainder: 1 June 1998 (see s 2 (2)) Food (Amendment) Act 1998 1998 No 46 16 Nov 1998 16 Nov 1998 Statute Law Revision (Penalties) Act 1998 1998 No 54 27 Nov 1998 ss 1 and 2: 27 Nov 1998 remainder: 9 Dec 1998 (see Gaz 1998 No 49) Road Transport Legislation Amendment Act 1999 1999 No 79 23 Dec 1999 1 Mar 2000 (see s 2 and Gaz 2000 No S5) Legislation (Consequential Amendments) Act 2001 2001 No 44 pt 156 26 July 2001 s 1, s 2: 26 July 2001 (IA s 10B) pt 156 : 12 Sept 2001 (s 2 and Gaz 2001 No S65) as repealed by Food Act 2001 2001 No 66 10 Sep 2001 s 1, s 2: 10 Sep 2001 remainder: 10 Mar 2002 (s 2) 4 Amendment history s 2 om 2001 No 44 amdt 1.1775 s 2A ins 1998 No 46 om 2001 No 44 amdt 1.1775 s 3 orig s 3 om 1993 No 44 (prev s 4) am 1993 Nos 52 and 100 renum 1993 No 100 am 1994 Nos 60 and 97; 1997 No 70; 1999 No 79 s 5 sch 3; 2001 No 44 amdt 1.776 s 4 (prev s 5) renum 1993 No 100 s 5 (prev s 6) renum 1993 No 100 s 6 (prev s 7) am 1993 No 52 renum 1993 No 100 am 2001 No 44 amdt 1.1777, amdt 1.1778 s 7 (prev s 8) renum 1993 No 100 pt 2 hdg (prev pt IA hdg) ins 1993 No 100 renum 1993 No 100 s 8 (prev s 8A) ins 1993 No 100 renum 1993 No 100 om 1994 No 97 s 9 (prev s 8B) ins 1993 No 100 renum 1993 No 100 om 1994 No 97 s 10 (prev s 8C) ins 1993 No 100 renum 1993 No 100 am 2001 No 44 amdt 1.1779 s 11 (prev s 8D) ins 1993 No 100 renum 1993 No 100 am 1997 No 70; 1998 No 54; 2001 No 44 amdt 1.1780, amdt 1.1781 pt 3 hdg (prev pt 2 hdg) renum 1993 No 100 pt 3 div 1 hdg (prev pt 2 div 1 hdg) ins 1993 No 52 renum 1993 No 100 s 12 (prev s 9) am 1993 No 100 renum 1993 No 100 am 1998 No 54 s 13 (prev s 10) am 1993 No 100 renum 1993 No 100 am 1998 No 54 s 14 (prev s 11) am 1993 No 100 renum 1993 No 100 am 1998 No 54 s 15 (prev s 12) am 1993 No 100 renum 1993 No 100 am 1998 No 54 s 16 (prev s 13) am 1993 No 100 renum 1993 No 100 am 1998 No 54 s 17 (prev s 14) am 1993 Nos 52 and 100 renum 1993 No 100 am 1998 No 54 s 18 (prev s 15) am 1993 No 100 renum 1993 No 100 am 1998 No 54 s 19 (prev s 16) renum 1993 No 100 am 1998 No 54 s 20 (prev s 17) renum 1993 No 100 am 1998 No 54 s 21 (prev s 18) am 1993 No 100 renum 1993 No 100 am 1998 No 54 pt 3 div 2 hdg (prev pt 2 div 2 hdg) ins 1993 No 52 renum 1993 No 100 s 22 (prev s 18A) ins 1993 No 52 renum 1993 No 100 s 23 (prev s 18B) ins 1993 No 52 renum 1993 No 100 am 1998 No 54 s 24 (prev s 18C) ins 1993 No 52 renum 1993 No 100 am 1998 No 54 s 24A ins 1997 No 46 am 1998 No 54 s 24B ins 1997 No 46 am 1998 No 54 pt 3 div 3 hdg (prev pt 2 div 3 hdg) ins 1993 No 52 renum 1993 No 100 s 25 (prev s 18D) ins 1993 No 52 renum 1993 No 100 am 2001 No 44 amdt 1.1782, amdt 1.1783 s 26 (prev s 19) am 1993 No 52 renum 1993 No 100 pt 4 hdg (prev pt 2A hdg) ins 1993 No 52 renum 1993 No 100 s 27 (prev s 19A) ins 1993 No 52 renum 1993 No 100 sub 2001 No 44 amdt 1.1784 s 28 (prev s 19B) ins 1993 No 52 renum 1993 No 100 om 2001 No 44 amdt 1.1784 s 29 (prev s 19C) ins 1993 No 52 renum 1993 No 100 om 2001 No 44 amdt 1.1784 pt 5 hdg (prev pt 2B hdg) ins 1993 No 52 renum 1993 No 100 s 30 (prev s 19D) ins 1993 No 52 renum 1993 No 100 am 1998 No 54 s 31 (prev s 19E) ins 1993 No 52 renum 1993 No 100 am 2001 No 44 amdts 1.1785-1.1788; R4 LA (see 2001 No 44 amdt 1.1789) s 32 (prev s 19F) ins 1993 No 52 renum 1993 No 100 s 33 (prev s 19G) ins 1993 No 52 renum 1993 No 100 am 2001 No 44 amdt 1.1790. amdt 1.1791 s 34 (prev s 19H) ins 1993 No 52 renum 1993 No 100 am 1995 No 46 s 35 (prev s 19J) ins 1993 No 52 renum 1993 No 100 s 36 (prev s 19K) ins 1993 No 52 am 1993 No 100 renum 1993 No 100 am 1997 No 70; 1998 No 54; LA s 37 (prev s 19L) ins 1993 No 52 renum 1993 No 100 s 38 (prev s 19M) ins 1993 No 52 renum 1993 No 100 am 2001 No 44 amdt 1.1792, amdt 1.1793 s 39 (prev s 19N) ins 1992 No 52 renum 1993 No 100 am 1998 No 54 ; 2001 No 44 amdts 1.1794-1.1796, amdt 1.1798; R4 LA (see 2001 No 44 amdt 1.1797) s 40 (prev s 19P) ins 1993 No 52 renum 1993 No 100 am 1998 No 54 s 41 (prev s 19Q) ins 1993 No 52 renum 1993 No 100 s 42 (prev s 19R) ins 1993 No 52 renum 1993 No 100 am 2001 No 44 amdt 1.1799, amdt 1.1800 s 43 (prev s 19S) ins 1993 No 52 renum 1993 No 100 am 2001 No 44 amdt 1.1801, amdt 1.1802 s 44 (prev s 19T) ins 1993 No 52 renum 1993 No 100 am 1998 No 54 pt 6 hdg (prev pt 2C hdg) ins 1993 No 52 renum 1993 No 100 s 45 (prev s 19U) ins 1993 No 52 renum 1993 No 100 s 46 (prev s 19V) ins 1993 No 52 am 1993 No 100 renum 1993 No 100 am 1997 No 70; 2001 No 44 amdt 1.1803, amdt 1.1804 s 47 (prev s 19W) ins 1993 No 52 am 1993 No 100 renum 1993 No 100 am 1997 No 70; 1998 No 54 s 48 (prev s 19X) ins 1993 No 52 am 1993 No 100 renum 1993 No 100 am 1997 No 70; 2001 No 44 amdts 1.1805-1.1807 s 49 (prev s 19Y) ins 1993 No 52 renum 1993 No 100 am 1998 No 54 pt 7 hdg (prev pt 2CA hdg) ins 1993 No 52 renum 1993 No 100 s 50 (prev s 19YA) ins 1993 No 100 renum 1993 No 100 am 1997 No 70 pt 7 div 2 hdg am 1997 No 70 s 51 (prev s 19YB) ins 1993 No 100 renum 1993 No 100 am 1997 No 70 s 52 (prev s 19YC) ins 1993 No 100 renum 1993 No 100 am 1997 No 70 pt 7 div 2 hdg am 1997 No 70 (notes) s 53 (prev s 19YD) ins 1993 No 100 renum 1993 No 100 am 1997 No 70 ; 2001 No 44 amdt 1.808, amdt 1.1809 s 54 (prev s 19YE) Ins 1993 No 100 renum 1993 No 100 am 1997 No 70; 2001 No 44 amdt 1.1810, amdt 1.1811 pt 7 div 3 hdg am 1997 No 70 s 55 (prev s 19YF) ins 1993 No 100 renum 1993 No 100 am 1997 No 70 s 56 (prev s 19YG) ins 1993 No 100 renum 1993 No 100 am 1997 No 70 s 57 (prev s 19YH) ins 1993 No 100 renum 1993 No 100 am 1997 No 70 s 58 (prev s 19YI) ins 1993 No 100 renum 1993 No 100 am 2001 No 44 amdt 1.1812, amdt 1.1813 s 59 (prev s 19YJ) ins 1993 No 100 renum 1993 No 100 am 1997 No 70 s 60 (prev s 19YK) ins 1993 No 100 renum 1993 No 100 am 1997 No 70 s 61 (prev s 19YL) ins 1993 No 100 renum 1993 No 100 s 62 (prev s 19YM) ins 1993 No 100 renum 1993 No 100 s 63 (prev s 19YN) ins 1993 No 100 renum 1993 No 100 am 2001 No 44 amdt 1.1814, amdt 1.1815 s 64 (prev s 19YO) ins 1993 No 100 renum 1993 No 100 s 65 (prev s 19YP) ins 1993 No 100 renum 1993 No 100 am 2001 No 44 amdt 1.1816, amdt 1.1817 s 66 (prev s 19YQ) ins 1993 No 100 renum 1993 No 100 am 1997 No 70 s 67 (prev s 19YR) ins 1993 No 100 renum 1993 No 100 am 1997 No 70 s 68 (prev s 19YS) ins 1993 No 100 renum 1993 No 100 am 1997 No 70; 2001 No 44 amdt 1.1818, amdt 1.1819 s 69 (prev s 19YT) ins 1993 No 100 renum 1993 No 100 am 1997 No 70 s 70 (prev s 19YU) ins 1993 No 100 renum 1993 No 100 am 1997 No 70 s 71 (prev s 19YV) ins 1993 No 100 renum 1993 No 100 s 72 (prev s 19YW) ins 1993 No 100 renum 1993 No 100 am 1997 No 96; 2001 No 44 amdt 1.1820, amdt 1.1821 s 73 (prev s 19YX) ins 1993 No 100 renum 1993 No 100 am 1997 No 70; 2001 No 44 amdt 1.1822, amdt 1.1823 s 74 (prev s 19YY) ins 1993 No 100 renum 1993 No 100 am 2001 No 44 amdt 1.1824, amdt 1.1825 pt 7 div 6 hdg am 1997 No 70 (notes) s 75 (prev s 19YZ) ins 1993 No 100 renum 1993 No 100 am 1997 No 70; 1998 No 54; 2001 No 44 amdt 1.1826, amdt 1.1827 s 76 (prev s 19YZA) ins 1993 No 100 renum 1993 No 100 am 1997 No 70; 1998 No 54; 2001 No 44 amdt 1.1828, amdt 1.1829 s 77 (prev s 19YZB) ins 1993 No 100 renum 1993 No 100 am 1998 No 54 s 78 (prev s 19YZC) ins 1993 No 100 renum 1993 No 100 am 1997 No 70; 1998 No 54 pt 8 hdg (prev pt 2D hdg) ins 1993 No 52 renum 1993 No 100 s 79 (prev s 19Z) ins 1993 No 52 am 1993 No 100 renum 1993 No 100 am 1994 No 60; 1997 No 70 pt 9 hdg (prev pt 3 hdg) renum 1993 No 100 s 80 (prev s 19ZA) ins 1993 No 100 renum 1993 No 100 am 1997 No 70; 2001 No 44 amdt 1.1830, amdt 1.1831 s 81 (prev s 20) renum 1993 No 100 s 82 (prev s 20A) ins 1993 No 52 renum 1993 No 100 sub 2001 No 44 amdt 1.1832 s 83 (prev s 21) renum 1993 No 100 om 1998 No 54 ins 2001 No 44 amdt 1.1832 s 84 (prev s 22) am 1993 No 52 renum 1993 No 100 am 1997 No 70; 1998 No 54; 2001 No 44 amdt 1.1833, amdt 1.1834 5 Earlier republications Some earlier republications were not numbered. The number in column 1 refers to the publication order. Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Except for the footer, electronic and printed versions of an authorised republication are identical. Republication No Amendments to Republication date 1 Act 1993 No 100 28 February 1994 2 Act 1995 No 46 31 January 1996 3 Act 1999 No 79 30 June 2001 4 Act 2001 No 44 12 September 2001 6 Renumbered provisions as made by 1993 No 100 s 9 Previous Renumbered as s 4 s 3 s 5 s 4 s 6 s 5 s 7 s 6 s 8 s 7 pt 1A pt 2 s 8A s 8 s 8B s 9 s 8C s 10 s 8D s 11 pt 2 pt 3 s 9 s 12 s 10 s 13 s 11 s 14 s 12 s 15 s 13 s 16 s 14 s 17 s 15 s 18 s 16 s 19 s 17 s 20 s 18 s 21 s 18A s 22 s 18B s 23 s 18C s 24 s 18D s 25 s 19 s 26 pt 2A pt 4 s 19A s 27 s 19B s 28 s 19C s 29 pt 2B pt 5 s 19D s 30 s 19E s 31 s 19F s 32 s 19G s 33 s 19H s 34 s 19J s 35 s 19K s 36 s 19L s 37 s 19M s 38 s 19N s 39 s 19P s 40 s 19Q s 41 s 19R s 42 s 19S s 43 s 19T s 44 pt 2C pt 6 s 19U s 45 s 19V s 46 s 19W s 47 s 19X s 48 s 19Y s 49 pt 2CA pt 7 s 19YA s 50 s 19YB s 51 s 19YC s 52 s 19YD s 53 s 19YE s 54 s 19YF s 55 s 19YG s 56 s 19YH s 57 s 19YI s 58 s 19YJ s 59 s 19YK s 60 s 19YL s 61 s 19YM s 62 s 19YN s 63 s 19YO s 64 s 19YP s 65 s 19YQ s 66 s 19YR s 67 s 19YS s 68 s 19YT s 69 s 19YU s 70 s 19YV s 71 s 19YW s 72 s 19YX s 73 s 19YY s 74 s 19YZ s 75 s 19YZA s 76 s 19YZB s 77 s 19YZC s 78 pt 2D pt 8 s 19Z s 79 pt 3 pt 9 s 19ZA s 80 s 20 s 81 s 20A s 82 s 21 s 83 s 22 s 84 Unauthorised version prepared by ACT Parliamentary Counsel's Office(c) Australian Capital Territory 2002 FOOD ACT 1992 (REPEALED) - NOTES Australian Capital Territory Republication No 5 Republication date: 11 March 2002 As repealed by Act 2001 No 66 Amendments incorporated to 10 March 2002 Unauthorised version prepared by ACT Parliamentary Counsel's Office About this republication The republished law This is a republication of the Food Act 1992 (repealed). It includes any amendment, repeal or expiry affecting the republished law to 10 March 2002 and any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes). The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsel's Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au): o authorised republications to which the Legislation Act 2001 applies o unauthorised republications. The status of this republication appears on the bottom of each page. Editorial changes The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. When preparing the authorised version of this republication amendments were not made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol U appears immediately before the provision heading. The text of the uncommenced provision or amendment appears only in the last endnote. Modifications If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see Legislation Act 2001, section 95. Penalties The value of a penalty unit for an offence against this republished law at the republication date is-- (a) if the person charged is an individual--$100; or (b) if the person charged is a corporation--$500. Amendments incorporated to10 March 2002 Australian Capital Territory Food Act 1992 (repealed) Endnotes Amendments incorporated to10 March 2002 Australian Capital Territory Food Act 1992 (repealed)