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