This legislation has been repealed.
[This Regulation commenced on 01 May 1997 and was repealed by the FOOD (ADMINISTRATION) REGULATIONS REPEAL REGULATIONS which commenced on the 01 July 2004.]
NORTHERN TERRITORY OF AUSTRALIA
FOOD (ADMINISTRATION) REGULATIONS
As in force at 1 May 1997
Table of provisions
NORTHERN TERRITORY OF AUSTRALIA
____________________
This reprint shows the Regulations as in force at 1 May 1997. Any amendments that commence after that date are not included.
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FOOD (ADMINISTRAITON) REGULATIONS
Regulations under the Food Act
These Regulations may be cited as the Food (Administration) Regulations.
A reference in these Regulations to a form by number is a reference to the form so numbered in the Schedule.
For the purposes of section 15(1) of the Act, the certificate of the analyst giving the results of the analysis of food submitted to him shall be in accordance with Form 1.
For the purposes of section 18(b) of the Act, a container or package containing a sample or part of a sample shall:
(a) be fastened or sealed by an adhesive paper seal, and/or an adhesive pressure sensitive tape, inscribed with the words “NT Department of Health and Community Services”, whichever the authorised officer considers suitable on account of the nature of the container or package; and
(b) bear a label on which is written the sample number and a description of the food sampled, and which is signed and dated by the authorised officer.
For the purposes of section 18(c) of the Act, the prescribed particulars that an authorised officer must endorse on the approved form accompanying a container or package containing a sample or part of a sample are:
(a) the name, title and office address of the authorised officer;
(b) the date the authorised officer obtained the sample;
(c) a description of the sample, including (if considered to be relevant by the authorised officer) the temperature of the food sampled at the time the sample was obtained;
(d) the details of the storage of the sample from the time it was obtained until it was delivered or posted to the analyst;
(e) the method of packaging the sample and of the sealing of the sample;
(f) the method of labelling the sample;
(g) the method of delivery of the sample to the analyst and the date and time it was delivered (if delivered personally to the analyst) or posted (if sent by registered mail to the analyst);
(h) the purpose of the analysis to be carried out on the sample; and
(j) any other matters the authorised officer considers will assist in the analysis of the sample.
Where an article is seized and detained under section 8 of the Act:
(a) the notice of the seizure and detention of the article given by the authorised officer under section 24 of the Act shall be in accordance with Form 2; and
(b) an application under section 26 of the Act to a court for an order directing the authorised officer to release the article shall be in accordance with Form 3.
FORM 1
NORTHERN TERRITORY OF AUSTRALIA
section 15(1)
Food Act
regulation 3
Food (Administration) Regulations
CERTIFICATE OF ANALYSIS
I,
.......................................................... of
..........................................................
(Name
of Analyst) (Address of Analyst)
being a
person appointed to be an analyst for the purpose of the Food Act,
certify that on................................
(Date)
I received
by *hand/registered post in good order the container/package herein described
from:
...................................................................................................................
(Name and address of authorised officer presenting
sample for analysis)
A
sample
.........................................................................................................................
(Description of sample, container/package containing sample and seals used and marking of container)
I have *analysed/supervised the analysis of the sample
and the results of the analysis are as
follows:
............................................................................................................................
..........................................................................................................................
* Strike out words which are not applicable
Dated 199
.
..........................................................
Analyst's signature Certificate No.
FORM 2
NORTHERN TERRITORY OF AUSTRALIA
section 24
Food Act
regulation 6
Food (Administration) Regulations
NOTICE OF SEIZURE AND DETENTION
To .........................................................................................................(Name)
of .......................................................................................................(Address)
I,
...........................................................................................
an authorised officer under the Food Act hereby give notice that I have
at ..........*a.m./p.m. this day seized and detained the *article/articles
described below.
Description of
*article/articles
...........................................................................................................................
............................................................................................................................
Grounds
for seizure of
*article/articles
............................................................................................................................
..........................................................................................................................
IMPORTANT NOTICE IN RELATION TO SEIZURE OF ARTICLE(S)
Unless you or a person claiming ownership of the article or articles apply to a magistrate within 72 hours after this seizure for an order for release of the detained article(s) in accordance with Form 3 in the Schedule to the Food (Administration) Regulations the seized and detained article(s) shall become the property of the Territory and shall be destroyed or otherwise disposed of.
NOTE: under section 26 of the Act, if you make an application to a magistrate, you must also promptly give a copy of the application to the Chief Health Officer.
Date ...................
Signature of Authorised Officer ......................................................................
Address of Authorised Officer ........................................................................
Signature of *proprietor/owner of article(s) ...................................................
* (Strike out words which are not applicable)
FORM 3
NORTHERN TERRITORY OF AUSTRALIA
section 26
Food Act
regulation 6
Food (Administration) Regulations
APPLICATION FOR AN ORDER FOR RELEASE OF A SEIZED ARTICLE
To the Magistrates Court at
............................................................................
I,
........................................... of
................................................................
(Name) (Address)
apply
for an order directing the release from detention of the *article/articles
described below which were seized on ........................................
(Date) at
.........................................................................................................
(Address)
and detained by an authorised officer under section 24
of the Food Act.
Description of article
or
articles;
...........................................................................................................................
...........................................................................................................................
Name
of authorised officer who seized and detained the article or
articles:
............................................................................................................................
Reason(s) for application:
* The authorised officer did not have any reasonable grounds for believing the *article was/articles were in contravention of any provision of the Food Act.
* The *article was/articles were not in contravention of any provision of the Food Act.
Signature ............................................................. Date ................................
* Strike out whichever is not applicable.
NOTE:
1 KEY
Key to abbreviations
amd = amended od =
order
app = appendix om =
omitted
bl = by-law pt =
Part
ch = Chapter r =
regulation/rule
cl = clause rem =
remainder
div = Division renum =
renumbered
exp = expires/expired rep
= repealed
f = forms s =
section
Gaz =
Gazette sch = Schedule
hdg =
heading sdiv = Subdivision
ins =
inserted SL = Subordinate
Legislation
lt = long title sub =
substituted
nc = not commenced
2 LIST OF LEGISLATION
Food (Administration) Regulations (SL No.
20, 1995)
|
|
Notified
|
14 June 1995
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Commenced
|
14 June 1995
|
Statute Law Revision Act 1997 (Act No. 17,
1997)
|
|
Assent date
|
11 April 1997
|
Commenced
|
s 16: nc; rem: 1 May 1997 (Gaz G17, 30 April
1997, p 2)
|
3 LIST OF AMENDMENTS
sch amd Act No. 17, 1997, s 18