Western Australian Consolidated Acts Western Australian Consolidated Acts
TABLE OF PROVISIONS
Preamble
PART 1 -- Preliminary
1. Short title
2. Commencement
3. Objects of Act
4. Application of Act to primary food production
5. Application of Act to water suppliers
6. Application of Act to prescribed community activities
7. Act to bind Crown
PART 2 -- Interpretation
8. Terms used in this Act
9. Meaning of “food”
10. Meaning of “food business”
11. Meaning of “primary food production”
12. Meaning of “unsafe” in relation to food
13. Meaning of “unsuitable” in relation to food
PART 3 -- Offences relating to food
Division 1 -- Serious offences relating to food
14. Handling of food in unsafe manner
15. Sale of unsafe food
16. False description of food
Division 2 -- Other offences relating to food
17. Handling and sale of unsafe food
18. Handling and sale of unsuitable food
19. Misleading conduct relating to sale of food
20. Sale of food not complying with purchaser’s demand
21. Sale of unfit equipment or packaging or labelling material
22. Compliance with Food Standards Code
23. False description of food
24. Application of provisions outside Western Australia
Division 3 -- Defences
25. Defence relating to publication of advertisements
26. Defence in respect of food for export
27. Defence of due diligence
28. Defence in respect of handling food
29. Defence in respect of sale of unfit equipment or packaging or labelling material
Division 4 -- Alternative verdicts
30. Alternative verdicts for serious food offences
PART 4 -- Emergency powers
31. Making of emergency order
32. Nature of emergency order
33. Special provisions relating to recall orders
34. Manner of making orders
35. Compensation
36. Failure to comply with emergency order
37. Limitation on stay of operation of emergency orders
PART 5 -- Powers of entry, inspection and seizure
38. Powers of authorised officers
39. Self-incrimination not an excuse
40. Power of seizure
41. Application for warrant to enter premises
42. Issue of warrant
43. Duration of warrant
44. Execution of warrant
45. Failure to comply with requirements of authorised officers
46. Interfering with seized items
47. False information
48. Obstructing, impersonating or threatening authorised officers
Division 2 -- Items seized by authorised officers
49. Seized items
50. Notification of seizure
51. Destruction of filthy, decomposed or putrid matter
52. Return of seized item
53. Forfeiture of item
54. Cost of destruction or disposal of forfeited item
55. Return of forfeited item
56. Compensation to be paid in certain circumstances
57. Application for order disallowing seizure
58. Enforcement agency entitled to answer application
59. Order disallowing seizure of item
60. Ancillary orders
61. Adjournment pending hearing of other proceedings
PART 6 -- Improvement notices and prohibition orders
Division 1 -- Improvement notices
62. Grounds for serving improvement notice
63. Improvement notice may require certain action to be taken
64. Compliance with improvement notice
Division 2 -- Prohibition orders
65. Prohibition order
66. Certificate of clearance to be given in certain circumstances
67. Request for re-inspection
68. Contravention of prohibition order
69. Review of decision to refuse certificate of clearance
70. Compensation
Division 3 -- Other matters
71. Scope of notices and orders
72. Notices and orders to contain certain information
PART 7 -- Taking and analysis of samples
Division 1 -- Taking of samples
73. Application of Division
74. Proprietor to be informed
75. Payment for sample
76. Samples from vending machines
77. Packaged food
78. Procedures to be followed
79. Samples to be submitted for analysis
Division 2 -- Procedures relating to analyses
80. Compliance with Food Standards Code
81. Certificate of analysis
Division 3 -- Approval of laboratories
82. Approval of laboratories
83. Term of approval
84. Person in charge of approved laboratory to give notice of certain interests
85. Variation of conditions or suspension or cancellation of approval of laboratory
86. Review of decisions relating to approval
87. List of approved laboratories to be maintained
Division 4 -- Approval of analysts
88. Approval of persons to carry out analyses
89. Term of approval
90. Approved analyst to give notice of certain interests
91. Variation of conditions or suspension or cancellation of approval of analyst
92. Review of decisions relating to approval
93. List of approved analysts to be maintained
PART 8 -- Auditing
Division 1 -- Approval of food safety auditors
94. Approval of food safety auditors
95. Term of approval
96. Food safety auditor to give notice of certain interests
97. Variation of conditions or suspension or cancellation of approval of auditor
98. Review of decisions relating to approvals
Division 2 -- Auditing and reporting requirements
99. Food safety programs and auditing requirements
100. Priority classification system and frequency of auditing
101. Duties of food safety auditors
102. Reporting requirements
103. Redetermination of frequency of auditing
Division 3 -- Other matters relating to food safety auditors
104. Certificates of authority of food safety auditors
105. List of food safety auditors to be maintained
106. Obstructing, impersonating or threatening food safety auditors
PART 9 -- Registration of food businesses
107. Notification of conduct of food businesses
108. Exemption in relation to notification of information
109. Conduct of unregistered food businesses
110. Registration of food businesses
111. Term of approval
112. Variation of conditions or cancellation of registration of food businesses
113. Notification of certain changes to registered food businesses
114. Review of decisions relating to registration
115. Register of food businesses to be maintained
PART 10 -- Administration
Division 1 -- CEO
116. Functions of the CEO
117. CEO may delegate
Division 2 -- Functions of enforcement agencies
118. Functions of enforcement agencies and delegation
119. Conditions on performance of functions by enforcement agencies
120. Performance of functions by enforcement agencies and authorised officers
121. Reports by and about enforcement agencies
Division 3 -- Appointment of authorised officers
122. Appointment of authorised officers
123. Certificates of authority
Division 4 -- Advisory committees
124. Establishment and functions of advisory committees
PART 11 -- Procedural and evidentiary provisions
125. Institution of proceedings
126. Infringement notices
127. Offences by employees -- liability of employer
128. Offences by bodies corporate -- liability of directors and others
129. Liability of employees and agents
130. No defence to allege deterioration of sample
131. Onus to prove certain matters on accused person
132. Presumption
133. Certificate evidence and evidence of analysts
134. Documentary evidence of certain matters
135. Power of court to order further analysis
136. Disclosure by witnesses
137. Court may order costs and expenses
138. Court may order forfeiture
139. Court may order corrective advertising
PART 12 -- Miscellaneous
140. Fees and charges may be imposed and recovered by local governments that are enforcement agencies
141. Protection from liability for wrongdoing
142. Certain confidential information not to be disclosed
143. Publication of names of offenders
144. Regulations
145. Temporary emergency regulations modifying the Food Standards Code
146. Minister to review and report on Act
PART 13 -- Consequential amendments
147. Health Act 1911 amended
148. Liquor Control Act 1988 amended
149. Volunteers and Food and Other Donors (Protection from Liability) Act 2002 amended
PART 14 -- Transitional provisions
150. Definition
151. Interpretation Act 1984 not affected
152. Orders under Health Act 1911 section 246W
153. Orders under Health Act 1911 section 246Y
154. Transitional regulations
An Act providing for the safety and suitability
of food for human consumption, and for related purposes.
Compilation table