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


FOOD AMENDMENT BILL 2006

         Queensland



Food Amendment Bill 2006

 


 

 

Queensland Food Amendment Bill 2006 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3 Insertion of new ch 11, pt 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Part 3A Suspected intentional contamination of food 271A Definitions for pt 3A . . . . . . . . . . . . . . . . . . . . . . . . . . 4 271B Reporting suspected intentional contamination of food ................................ 5 271C Potentially contaminated food must not be disposed of ................................. 6 271D Chief executive may give direction . . . . . . . . . . . . . . . 6 4 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 7

 


 

 

2006 A Bill for An Act to amend the Food Act 2006

 


 

s1 4 s3 Food Amendment Bill 2006 The Parliament of Queensland enacts-- 1 Clause 1 Short title 2 This Act may be cited as the Food Amendment Act 2006. 3 Clause 2 Act amended 4 This Act amends the Food Act 2006. 5 Clause 3 Insertion of new ch 11, pt 3A 6 Chapter 11-- 7 insert-- 8 `Part 3A Suspected intentional 9 contamination of food 10 `271A Definitions for pt 3A 11 `In this part-- 12 intentional contamination, of food, means contamination of 13 the food by a person who intends to contaminate the food, 14 including by adding, mixing or putting a deleterious or 15 poisonous substance into the food. 16 potentially contaminated food see section 271C(1)(a). 17 responsible person, for a food business, means-- 18 (a) if the food business is carried on by a licensee--the 19 licensee; or 20 (b) otherwise-- 21 (i) if the food business is carried on by an entity that is 22 not a non-profit organisation--the proprietor of the 23 food business; or 24 (ii) if the food business is carried on by a non-profit 25 organisation that is a corporation--the corporation; 26 or 27

 


 

s3 5 s3 Food Amendment Bill 2006 (iii) if the food business is carried on by a non-profit 1 organisation that is an unincorporated entity--the 2 chairperson, manager or other governing officer of 3 the entity. 4 `271B Reporting suspected intentional contamination of 5 food 6 `(1) This section applies if the responsible person for a food 7 business reasonably suspects food sold, or intended for sale, 8 in the course of carrying on the food business has been 9 intentionally contaminated. 10 `(2) The responsible person must, unless the person has a 11 reasonable excuse, orally notify the chief executive of the 12 suspected intentional contamination immediately after first 13 forming the reasonable suspicion. 14 Maximum penalty--200 penalty units. 15 `(3) It is not a reasonable excuse for the person not to comply with 16 subsection (2) that complying with the subsection might tend 17 to incriminate the person. 18 `(4) However, subject to subsection (5), if the person is an 19 individual, the following is not admissible in evidence against 20 the person in any civil or criminal proceeding-- 21 (a) information given to the chief executive by the person 22 under subsection (2) about the suspected intentional 23 contamination (primary evidence); 24 (b) any information, or document or other thing, obtained as 25 a direct or indirect result of primary evidence (derived 26 evidence). 27 `(5) Subsection (4) does not prevent primary evidence or derived 28 evidence being admitted in evidence against the person-- 29 (a) in criminal proceedings about the falsity or misleading 30 nature of the primary evidence; or 31 (b) in a proceeding against the person for an offence against 32 section 271C(2) or 271D(6). 33

 


 

s3 6 s3 Food Amendment Bill 2006 `271C Potentially contaminated food must not be disposed 1 of 2 `(1) This section applies if-- 3 (a) the responsible person for a food business reasonably 4 suspects food sold, or intended for sale, in the course of 5 carrying on the food business has been intentionally 6 contaminated (the potentially contaminated food); and 7 (b) when the responsible person first forms the reasonable 8 suspicion, not all of the potentially contaminated food 9 has been sold or otherwise disposed of. 10 `(2) The responsible person must, unless the person has a 11 reasonable excuse, ensure all of the potentially contaminated 12 food not already sold or otherwise disposed of when the 13 person first forms the reasonable suspicion is not disposed of. 14 Maximum penalty--200 penalty units. 15 `(3) The requirement under subsection (2) stops applying if the 16 responsible person is given a direction under section 271D(2) 17 about disposal of the potentially contaminated food. 18 `271D Chief executive may give direction 19 `(1) This section applies if the responsible person for a food 20 business gives the chief executive notice under section 271B. 21 `(2) The chief executive may give the responsible person a 22 reasonable direction about identifying the source of the 23 contamination of, and preventing or minimising the risk to 24 public health or safety caused by, the potentially contaminated 25 food. 26 `(3) Without limiting subsection (2), the direction may be about-- 27 (a) the handling of-- 28 (i) the potentially contaminated food; or 29 (ii) food that may have been handled with or near the 30 potentially contaminated food, or at a place or 31 using equipment that may have come into contact 32 with the potentially contaminated food; or 33

 


 

s4 7 s4 Food Amendment Bill 2006 (b) the isolation or disposal of food mentioned in paragraph 1 (a); or 2 (c) procedures to be performed in relation to testing of the 3 potentially contaminated food. 4 `(4) The direction may be given orally or by notice. 5 `(5) If the direction is given orally, the chief executive must as 6 soon as practicable confirm the direction by notice. 7 `(6) A responsible person who is given a direction under 8 subsection (2) must comply with the direction, unless the 9 person has a reasonable excuse. 10 Maximum penalty--200 penalty units.'. 11 Clause 4 Amendment of sch 3 (Dictionary) 12 Schedule 3-- 13 insert-- 14 `intentional contamination, for chapter 11, part 3A, see 15 section 271A. 16 potentially contaminated food, for chapter 11, part 3A, see 17 section 271C(1)(a). 18 reasonably suspects means suspects on grounds that are 19 reasonable in the circumstances. 20 responsible person, for chapter 11, part 3A, see section 21 271A.'. 22 State of Queensland 2006

 


 

AMENDMENTS TO BILL

1 Food Amendment Bill 2006 Food Amendment Bill 2006 Amendment agreed to during Consideration 1 Clause 3-- At page 4, line 16, after `substance'-- insert-- `or thing'.

 


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