Australian Capital Territory Bills

[Index] [Search] [Download] [Related Items] [Help]


This is a Bill, not an Act. For current law, see the Acts databases.


FOOD AMENDMENT BILL 2014

2014

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Minister for Health)

Food Amendment Bill 2014



Contents

Page



















2014

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Minister for Health)

Food Amendment Bill 2014

A Bill for

An Act to amend the Food Act 2001

and the Food Regulation 2002









The Legislative Assembly for the Australian Capital Territory enacts as follows:

Part 1 Preliminary

1 Name of Act

This Act is the Food Amendment Act 2014

.

2 Commencement

This Act commences on a day fixed by the Minister by written notice.

Note 1 The naming and commencement provisions automatically commence on the notification day (see Legislation Act

, s 75 (1)).

Note 2 A single day or time may be fixed, or different days or times may be fixed, for the commencement of different provisions (see Legislation Act

, s 77 (1)).

Note 3 If a provision has not commenced within 6 months beginning on the notification day, it automatically commences on the first day after that period (see Legislation Act

, s 79).

3 Legislation amended

This Act amends the Food Act 2001

and the Food Regulation 2002

.

Part 2 Food Act 2001

4 Application of Act to primary food production

Section 6 (1) (b)

substitute

(b) part 8 (Registration of food businesses).

5 Application of Act to water suppliers

Section 7 (1) (i)

substitute

(i) part 8 (Registration of food businesses).

6 New section 7A

in part 1, insert

7A Application of Act to certain food businesses

(1) This Act does not apply to a food business conducted by a volunteer for a community organisation to raise funds for 1 or more of the following purposes:

(a) a religious, educational, charitable or benevolent purpose;

(b) promoting or encouraging literature, science or the arts;

(c) looking after, or giving attention to, people who need care because of a physical or mental disability or condition;

(d) sport, recreation or amusement;

(e) conserving resources or protecting the natural environment from harm;

(f) preserving historical or cultural heritage;

(g) a political purpose;

(h) protecting or promoting the common interests of the community generally or a particular section of the community.

(2) However, this Act does apply to a food business mentioned in subsection (1) that is—

(a) declared by the Minister to be a food business to which this Act applies; or

(b) conducted at a regulated event.

Note A regulated event is declared by the Minister under s 91.

(3) In this section:

community organisation

(a) means a not-for-profit entity; but

(b) does not include—

(i) a club that holds a licence under the Gaming Machine Act 2004

; or

(ii) an entity declared by the Minister not to be a community organisation.

volunteer means a person who conducts a food business for which the person is—

(a) not paid; or

(b) paid in the circumstances prescribed by regulation.

(4) Each of the following is a disallowable instrument:

(a) a declaration under subsection (2) (a);

(b) a declaration under subsection (3), definition of community organisation, paragraph (b) (ii).

Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act

.

7 Display of closure notices

Section 84A (2) (b)

substitute

(b) may only be removed by an authorised officer.

8 New section 84A (3)

insert

(3) An authorised officer may remove a closure notice—

(a) if a clearance certificate is issued for the prohibition order to which the notice relates; or

(b) to reposition, update or correct the notice.

9 Section 84C

substitute

84C Proprietor to maintain closure notice

(1) The proprietor of a food business commits an offence if—

(a) an authorised officer places a closure notice at the premises of the food business; and

(b) the proprietor fails to ensure that—

(i) the closure notice is not moved from where it was placed; or

(ii) no part of the closure notice is obscured or defaced.

Maximum penalty: 100 penalty units.

(2) It is a defence to a prosecution for an offence against subsection (1) if the proprietor proves that the proprietor took reasonable steps to ensure that—

(a) the closure notice was not moved from where it was placed by the authorised officer; and

(b) no part of the closure notice was obscured or defaced.

Note The defendant has a legal burden in relation to the matters mentioned in s (2) (see Criminal Code

, s 59).

10 Part 8 heading

substitute

Part 8 Registration of food businesses

11 Sections 89 to 91

substitute

89 Offence—food business not registered or exempt

A person commits an offence if—

(a) the person conducts a food business; and

(b) the food business is—

(i) not registered under this part; and

(ii) not exempt from registration under section 90.

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

90 Food businesses exempt from registration

A regulation may prescribe that a food business, other than a food business conducted at a regulated event, is exempt from registration.

91 Regulated events

(1) The Minister may declare that an event is a regulated event for this Act.

(2) A declaration is a disallowable instrument.

Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act

.

12 Registration of food businesses

Section 92 (6)

substitute

(6) The registration of a food business is for a period of up to 3 years stated in the registration, beginning on the day the chief health officer registers the food business.

13 Renewal of registration

Section 93 (3)

omit

1 year

substitute

a period of up to 3 years stated in the registration,

14 Certificate of registration

Section 96 (2) (b)

after

trading name

insert

(if any)

15 Section 105 heading

substitute

105 Food business register

16 Section 105 (1)

substitute

(1) The chief health officer must keep a register of food businesses that have been registered under section 92 (Registration of food businesses) or whose registration has been renewed under section 93 (Renewal of registration) (the food business register).

17 Section 105 (2)

omit

18 Section 105 (3)

omit

register mentioned in subsection (1) (b)

substitute

food business register

19 Section 105 (4) and (5)

omit

A food

substitute

The food

20 Section 105 (6)

omit

a food

substitute

the food

21 Section 106 heading

substitute

106 Publication and inspection of food business register

22 Section 106

omit

a food

substitute

the food

23 Definitions—pt 9A

Section 116, new definition of site

insert

site, for a registered food business, does not include a site used by the business for the handling or sale of food at a regulated event.

24 Section 117 heading

substitute

117 Registered food business to have food safety supervisor

25 New section 117 (1A)

before subsection (1), insert

(1A) A registered food business must have a food safety supervisor.

26 Section 117 (1)

after 1st mention of

business

insert

, other than a food business conducted only at a regulated event,

27 New section 120

in part 9A, insert

120 Exemptions—pt 9A

(1) The Minister may exempt, with or without conditions, any people, food businesses, premises, food or activities from the operation of this part.

(2) An exemption has no effect during a period when a condition of the exemption is not complied with.

(3) An exemption is a disallowable instrument.

Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act

.

28 Publication of details of food businesses related to offences

Section 146 (8)

omit

within 21 days

29 Section 146 (8), new note

insert

Note A notice must be published as soon as possible after the time mentioned in s (8) (a), (b) or (c) (whichever applies) (see Legislation Act

, s 151B).

30 Regulation-making power

Section 152 (2) (b)

omit

31 Dictionary, new definitions

insert

regulated event means an event declared under section 91.

site, for a registered food business, for part 9A (Food safety supervisors)—see section 116.

Part 3 Food Regulation 2002

32 New section 4A

insert

4A Circumstances of payment to volunteers—Act, s 7A (3), def volunteer, par (b)

The following circumstances are prescribed:

(a) a person is paid to manage the work of unpaid volunteers carrying out work for a community organisation;

(b) a person is paid an amount in relation to work done for a community organisation and the payment is not assessable income under the Income Tax Assessment Act 1997

(Cwlth), section 6-15 (What is not assessable income).

Endnotes

1 Presentation speech

Presentation speech made in the Legislative Assembly on 23 October 2014.

2 Notification

Notified under the Legislation Act

on 2014.

3 Republications of amended laws

For the latest republication of amended laws, see www.legislation.act.gov.au

.











































© Australian Capital Territory 2014

 


[Index] [Search] [Download] [Related Items] [Help]