Australian Capital Territory Repealed ActsThis legislation has been repealed.
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.