Australian Capital Territory
Food Act 2001    
A2001-66
Republication No 15
Effective:  27 October 2008 – 1 February 2009
Republication date: 27 October 2008
Last amendment made by A2008-37
(republication for amendments by A2008-20)

Not all amendments are in force: see last endnote

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication
The republished law
This is a republication of the Food Act 2001 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 27 October 2008.  It also includes any amendment, repeal or expiry affecting the republished law to 27 October 2008.  
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. 
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
•	authorised republications to which the Legislation Act 2001 applies
•	unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).  The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.  
This republication includes amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading.  The text of the uncommenced provision or amendment appears only in the last endnote.
Modifications
If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see Legislation Act 2001, section 95.
Penalties
The value of a penalty unit for an offence against this republished law at the republication date is—
	(a)	if the person charged is an individual—$100; or
	(b)	if the person charged is a corporation—$500.

Australian Capital Territory
Food Act 2001

Contents
	Page
Part 1	Preliminary
	1	Name of Act	2
	3	Objects of Act	2
	4	Dictionary	2
	5	Notes	2
	6	Application of Act to primary food production	3
	7	Application of Act to water suppliers	3
Part 2	Key concepts
	8	Meaning of food	5
	9	Meaning of sell etc	6
	10	Meaning of food business	7
	11	Meaning of primary food production	7
	12	Meaning of unsafe food	8
	13	Meaning of unsuitable food	9
Part 3	Offences relating to food
Division 3.1	Preliminary
	14	Application of pt 3 to food sold etc outside ACT	11
	15	False descriptions of food	11
Division 3.2	Serious offences relating to food
	16	Knowingly handling food in unsafe way	12
	17	Knowingly selling unsafe food	13
	18	Knowingly falsely describing food	13
Division 3.3	Other offences relating to food
	19	Handling of food in unsafe way	13
	20	Sale of unsafe food	14
	21	False description of food	14
	22	Handling and sale of unsafe food	14
	23	Handling and sale of unsuitable food	14
	24	Misleading conduct relating to sale of food	15
	25	Sale of food not complying with purchaser’s demand	16
	26	Sale of unfit equipment or packaging or labelling material	16
	27	Compliance with food standards code	16
Division 3.4	Defences
	28	Defence relating to publication of advertisements	17
	29	Defence in relation to food for export	18
	30	Defence of appropriate diligence	18
	31	Defence in relation to handling food	20
	32	Defence in relation to sale of unfit equipment or packaging or labelling material	20
Division 3.5	Other matters
	33	Defence of mistaken and reasonable belief not available	21
	34	Onus on defendant to prove certain statements about food	21
	35	Alternative verdicts for handling food in unsafe way	21
	36	Alternative verdicts for selling unsafe food	22
Part 4	Emergency powers
	37	Definitions for pt 4	23
	38	Making of emergency orders	23
	39	Nature of emergency orders	23
	40	Special provisions relating to recall orders	24
	41	How orders are made	25
	42	Operation of emergency orders	26
	43	Failure to comply with emergency order	26
	44	Compensation for emergency order	27
Part 5	Inspection and seizure powers
Division 5.1	General
	45	Definitions for pt 5	28
Division 5.2	Powers of authorised officers generally
	46	Power to enter premises	28
	47	Production of identity card	31
	48	Consent to entry	31
	49	Warrants	32
	50	Warrants—application made other than in person	33
	51	General powers of authorised officers	34
	52	Power to seize things	37
	53	Power to destroy decomposed food etc	39
	54	Power to require name and address	40
Division 5.3	Return and forfeiture of things seized
	55	Receipt for things seized	40
	56	Access to things seized	41
	57	Return of things seized	41
	58	Application for order disallowing seizure	43
	59	Order for return of seized thing	43
	60	Adjournment pending hearing of other proceedings	44
	61	Forfeiture of seized things	44
	62	Return of forfeited things	45
	63	Cost of disposal of things forfeited	45
Division 5.4	Miscellaneous
	70	Damage etc to be minimised	46
	71	Compensation to be paid in certain circumstances	46
Part 6	Taking and analysis of food samples
	72	Samples for routine monitoring of Act	48
	73	Other samples—proprietor to be told sample to be analysed	48
	74	Payment for samples	48
	75	Samples from packaged food	49
	76	Procedures for dividing food samples	49
	77	Analysis to comply with food standards code	50
	78	Certificates of analysis by authorised analysts	51
Part 7	Improvement notices and prohibition orders
	79	Service of improvement notices	52
	80	Contents of improvement notices	53
	81	Compliance with improvement notices	55
	82	Service of prohibition orders	55
	83	Contents of prohibition orders	56
	84	Scope of improvement notices and prohibition orders	57
	85	Request for reinspection	57
	86	Clearance certificates	58
	87	Contravention of improvement notices and prohibition orders	59
	88	Compensation for prohibition order	59
Part 8	Notification and registration of food businesses
	89	Food businesses exempt from registration	61
	90	Notification of conduct of exempt food businesses	61
	91	Food businesses to be registered	62
	92	Registration of food businesses	62
	93	Renewal of registration	63
	94	Issue or amendment of registration subject to conditions	63
	95	Registered food businesses—procedure for imposition etc of conditions on chief health officer’s initiative	64
	96	Certificate of registration	65
	97	Change in details of registration or operation of food business	66
	98	Replacement of certificates of registration	68
	99	Food business to be conducted in accordance with conditions of registration	68
	100	Action that may be taken in relation to registration of food businesses	68
	101	Procedure for taking action in relation to registration	69
	102	Immediate suspension of registration	70
	103	Return of certificate of registration	71
	104	Surrender of registration	71
	105	Registers of food businesses	72
	106	Publication and inspection of food business registers	73
Part 10	Procedural and evidentiary provisions
	126	Liability of employees and agents	74
	127	Acts and omissions of representatives	74
	128	Offences by corporations	75
	129	Right of defendant to have third person before court	76
	130	Alternative defendants	78
	131	Renewal or amendment of registration not to affect prosecution	78
	132	Presumptions	79
	133	Certificate evidence etc	80
	134	Evidence of analysts	81
	135	Admissibility of analysis of food sample taken by authorised officer	81
	136	No defence to claim deterioration of sample	82
	137	Power of court to order further analysis	82
	138	Disclosure by witnesses	82
	139	Court may order costs and expenses	83
	140	Court may order forfeiture	83
	141	Court may order corrective advertising	83
Part 11	Miscellaneous
	141A	Meaning of reviewable decision—pt 11	84
	141B	Reviewable decision notices	84
	141C	Applications for review	84
Part 12	Miscellaneous
	142	Joint liability for amounts payable to the Territory	84
	144	Protection from liability	84
	145	Secrecy	85
	146	Publication of details of food businesses related to offences	86
	147	Decisions reviewable by administrative appeals tribunal	87
	148	Notification of reviewable decisions	87
	149	Codes of practice	88
	150	Determination of fees	88
	151	Approved forms	89
	152	Regulation-making power	89
	153	Temporary emergency regulations	90
Schedule 1	Decisions reviewable by administrative appeals tribunal	91
Dictionary		93
Endnotes
	1	About the endnotes	97
	2	Abbreviation key	97
	3	Legislation history	98
	4	Amendment history	100
	5	Earlier republications	106
	6	Uncommenced amendments	107

Australian Capital Territory
Food Act 2001

An Act to regulate the sale of food for human consumption, and for other purposes

    

Part 1	Preliminary
    
1	Name of Act
This Act is the Food Act 2001.
3	Objects of Act
The objects of this Act include the following:
	(a)	to ensure food for sale is both safe and suitable for human consumption;
	(b)	to prevent misleading conduct in relation to the sale of food;
	(c)	to provide for the application in the ACT of the food standards code.
4	Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1	The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.
	For example, the signpost definition ‘food—see section 8.’ means that the expression ‘food’ is defined in that section.
Note 2	A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
5	Notes
A note included in this Act is explanatory and is not part of this Act.
Note	See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
6	Application of Act to primary food production
	(1)	The following parts do not apply in relation to primary food production:
	(a)	part 7 (Improvement notices and prohibition orders);
	(b)	part 8 (Notification and registration of food businesses).
	(2)	The functions given to authorised officers under part 5 (Inspection and seizure powers) and part 6 (Taking and analysis of food samples) may only be exercised in relation to primary food production—
	(a)	to allow the investigation and prosecution of offences against this Act; or
	(b)	in relation to the making or enforcement of emergency orders under part 4 (Emergency powers).
	(3)	In this section:
offence includes an offence that there are reasonable grounds for believing has been, is being, or will be committed.
Note 1	The definition of food business excludes primary food production (see s 10).
Note 2	A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation, the food standards code and any approved code of practice (see Legislation Act, s 104).
7	Application of Act to water suppliers
	(1)	The following provisions do not apply in relation to the supply of water for human consumption through a relevant reticulated water system:
	(a)	section 16 (Knowingly handling food in unsafe way);
	(b)	section 18 (Knowingly falsely describing food);
	(c)	section 22 (1) (which is about handling food in a way that renders it unsafe etc);
	(d)	section 23 (1) (which is about handling food in a way that renders it unsuitable etc);
	(e)	section 24 (Misleading conduct relating to sale of food);
	(f)	section 25 (Sale of food not complying with purchaser’s demand);
	(g)	section 26 (Sale of unfit equipment or packaging or labelling material);
	(h)	part 7 (Improvement notices and prohibition orders);
	(i)	part 8 (Notification and registration of food businesses).
	(2)	Section 27 (Compliance with food standards code), to the extent to which it requires compliance with the requirements of the food safety standards, does not apply in relation to the supply of water for human consumption through a relevant reticulated water system.
	(3)	In this section:
relevant reticulated water system means—
	(a)	a reticulated water system provided by a utility under the Utilities Act 2000 that is licensed under that Act for the distribution of water through a water network; or
	(b)	a reticulated water system provided by an entity prescribed by regulation for this paragraph; or
	(c)	a reticulated water system that provides water to a place prescribed by regulation for this paragraph.

Part 2	Key concepts
    
8	Meaning of food
	(1)	For this Act, food includes—
	(a)	any substance or thing of a kind used, or represented as being for use, for human consumption (whether it is live, raw, prepared or partly prepared); or
	(b)	any substance or thing of a kind used, or represented as being for use, as an ingredient or additive in a substance or thing mentioned in paragraph (a); or
	(c)	any substance used in preparing a substance or thing mentioned in paragraph (a) (other than a substance used in preparing a living thing) if it comes into direct contact with the substance or thing mentioned in that paragraph, including, for example, a processing aid; or
	(d)	chewing gum or an ingredient or additive in chewing gum, or any substance used in preparing chewing gum; or
	(e)	any substance or thing declared to be a food under a declaration in force under the Commonwealth Act, section 3B and prescribed by regulation for this paragraph;
whether or not the substance, thing or chewing gum is in a condition fit for human consumption.
	(2)	However, food does not include a therapeutic good within the meaning of the Therapeutic Goods Act 1989 (Cwlth).
	(3)	To remove any doubt, food may include live animals and plants.
9	Meaning of sell etc
	(1)	For this Act, sell includes—
	(a)	barter, offer or attempt to sell; or
	(b)	receive for sale; or
	(c)	have in possession for sale; or
	(d)	display for sale; or
	(e)	cause or permit to be sold or offered for sale; or
	(f)	send, forward or deliver for sale; or
	(g)	dispose of by any method for valuable consideration; or
	(h)	dispose of to an agent for sale on consignment; or
	(i)	provide under a contract of service; or
	(j)	supply food as a meal or part of a meal to an employee, in accordance with a term of an award governing the employee’s employment or a term of the employee’s contract of service, for consumption by the employee at the employee’s place of work; or
	(k)	dispose of by way of raffle, lottery or other game of chance; or
	(l)	offer as a prize or reward; or
	(m)	give away for the purpose of advertisement or in furtherance of trade or business; or
	(n)	supply food under a contract (whether or not the contract is made with the consumer of the food), together with accommodation, service or entertainment, in consideration of an inclusive charge for the food supplied and the accommodation, service or entertainment; or
	(o)	supply food (whether or not for consideration) in the course of providing services to people in—
	(i)	a correctional centre or lockup, or a detention place or therapeutic protection place under the Children and Young People Act 2008; or
	(ii)	a hospice, hospital, nursing home or other health facility operated by or on behalf of the Territory; or
	(iii)	any other institution (however described) prescribed by regulation for this paragraph; or
	(p)	sell for the purpose of resale.
	(2)	For this Act, food or equipment that is displayed for the purpose of being offered as a prize or reward, or given away for the purpose of advertisement or in the furtherance of trade or business, is taken to have been displayed for sale by the owner of the food or equipment.
10	Meaning of food business
For this Act, food business is a business, enterprise or activity (other than a business, enterprise or activity that is primary food production) that involves—
	(a)	the handling of food intended for sale; or
	(b)	the sale of food;
whether or not the business, enterprise or activity is of a commercial, charitable or community nature or whether it involves the handling or sale of food on a single occasion only.
11	Meaning of primary food production
	(1)	For this Act, primary food production is the growing, raising, cultivation, picking, harvesting, collection or catching of food, and includes the following:
	(a)	the transport or delivery of food on, from or between the premises where it was grown, raised, cultivated, picked, harvested, collected or caught;
	(b)	the packing, treating (for example, washing) or storing of food on the premises where it was grown, raised, cultivated, picked, harvested, collected or caught;
	(c)	the storage of food in a silo that is not connected with a food processing operation and the transport or delivery of food from, between or to such silos;
	(d)	the sale of livestock at saleyards and the transport of livestock to and from saleyards;
	(e)	any other food production activity that is regulated under an Act prescribed by regulation for this subsection.
	(2)	However, primary food production does not include—
	(a)	any process involving the substantial transformation of food (for example, manufacturing or canning), whether or not the process is carried out on the premises where the food was grown, cultivated, picked, harvested, collected or caught; or
	(b)	the sale or service of food directly to the public; or
	(c)	any other food production activity that is prescribed by regulation for this subsection.
Example of an activity that may be prescribed for par (c)
a food production activity in relation to which significant and unmanaged food safety hazards have been identified
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
12	Meaning of unsafe food
	(1)	For this Act, food is unsafe at a particular time if it would be likely to cause physical harm to a person who might later consume it, assuming—
	(a)	it was, after that particular time and before being consumed by the person, properly subjected to all processes (if any) that are relevant to its reasonable intended use; and
	(b)	nothing happened to it after that particular time and before being consumed by the person that would prevent its being used for its reasonable intended use; and
	(c)	it was consumed by the person according to its reasonable intended use.
	(2)	However, food is not unsafe for this Act only because its inherent nutritional or chemical properties cause, or its inherent nature causes, adverse reactions only in people with allergies or sensitivities that are not common to the majority of people.
	(3)	In subsection (1):
processes include processes involving storage and preparation.
13	Meaning of unsuitable food
	(1)	For this Act, food is unsuitable if it is food that—
	(a)	is damaged, deteriorated or perished to an extent that affects its reasonable intended use; or
	(b)	contains any damaged, deteriorated or perished substance that affects its reasonable intended use; or
	(c)	is the product of a diseased animal, or an animal that has died otherwise than by slaughter, and has not been declared under another territory law to be safe for human consumption; or
	(d)	contains a biological or chemical agent, or other matter or substance, that is foreign to the nature of the food.
	(2)	However, food is not unsuitable for this Act only because—
	(a)	at any particular time before it is sold for human consumption it contains an agricultural or veterinary chemical; or
	(b)	when it is sold for human consumption it contains an agricultural or veterinary chemical in an amount that does not contravene the food standards code; or
	(c)	it contains a metal or nonmetal contaminant (within the meaning of the food standards code) in an amount that does not contravene the permitted level for the contaminant as provided by the food standards code; or
	(d)	it contains any matter or substance that is permitted by the food standards code.
	(3)	In this section:
slaughter, of an animal, includes killing the animal in the process of capturing, taking or harvesting it for the purposes of preparing it for use as food.

Part 3	Offences relating to food
Division 3.1	Preliminary
14	Application of pt 3 to food sold etc outside ACT
For this part, it does not matter that the food concerned was sold or intended for sale outside the ACT.
Note	For a defence in relation to food intended for export to another country, see s 29.
15	False descriptions of food
	(1)	For this part, food that is falsely described includes food to which any 1 or more of the following paragraphs applies:
	(a)	the food is represented as being of a particular nature or substance for which there is a prescribed standard under the food standards code and the food does not comply with that prescribed standard;
	(b)	the food is represented as being of a particular nature or substance and it contains, or is mixed or diluted with, any substance in a quantity or proportion that significantly diminishes its food value or nutritive properties as compared with food of the represented nature or substance;
	(c)	the food is represented as being of a particular nature or substance and it contains, or is mixed or diluted with, any substance of lower commercial value than food of the represented nature or substance;
	(d)	the food is represented as being of a particular nature or substance and a constituent of the food has been completely or partly removed so that its properties are diminished as compared with food of the represented nature or substance;
	(e)	any word, statement, device or design used in the packaging or labelling of the food, or in an advertisement for the food, would create a false impression about the nature or substance of the food, or the commercial value of the food, in the mind of a reasonable person;
	(f)	the food is not of the nature or substance represented by the way in which it is packaged, labelled or offered for sale.
	(2)	Without limiting the application of subsection (1) to section 18 (2) (Knowingly falsely describing food) or section 21 (2) (False description of food), food is falsely described for those subsections if it is supplied in response to a purchaser’s demand or other request for a particular type of food, or a food that does not contain a particular ingredient, and the food is not of that type or contains that ingredient.
Division 3.2	Serious offences relating to food
Note 1	For defences to the offences in this division, see div 3.4.
Note 2	For other provisions about the offences in this division, see div 3.5 and pt 10.
16	Knowingly handling food in unsafe way
A person must not handle food intended for sale in a way that the person knows will render, or is likely to render, the food unsafe.
Maximum penalty:  1 000 penalty units, imprisonment for 2 years or both.
17	Knowingly selling unsafe food
A person must not sell food that the person knows is unsafe.
Maximum penalty:  1 000 penalty units, imprisonment for 2 years or both.
18	Knowingly falsely describing food
	(1)	A person must not cause food intended for sale to be falsely described if the person knows that a consumer of the food who relies on the description will, or is likely to, suffer physical harm.
Maximum penalty:  1 000 penalty units, imprisonment for 2 years or both.
Note	For examples of food that is falsely described, see s 15.
	(2)	A person must not sell food that the person knows is falsely described and will, or is likely to, cause physical harm to a consumer of the food who relies on the description.
Maximum penalty:  1 000 penalty units, imprisonment for 2 years or both.
Division 3.3	Other offences relating to food
Note 1	For defences to the offences in this division, see div 3.4.
Note 2	For other provisions about the offences in this division, see div 3.5 and pt 10.
19	Handling of food in unsafe way
A person must not handle food intended for sale in a way that the person ought reasonably to know is likely to render the food unsafe.
Maximum penalty:  750 penalty units.
20	Sale of unsafe food
A person must not sell food that the person ought reasonably to know is unsafe.
Maximum penalty:  750 penalty units.
21	False description of food
	(1)	A person must not cause food intended for sale to be falsely described if the person ought reasonably to know that a consumer of the food who relies on the description is likely to suffer physical harm.
Maximum penalty:  750 penalty units.
Note	For examples of food that is falsely described, see s 15.
	(2)	A person must not sell food that the person ought reasonably to know is falsely described and is likely to cause physical harm to a consumer of the food who relies on the description.
Maximum penalty:  750 penalty units.
22	Handling and sale of unsafe food
	(1)	A person must not handle food intended for sale in a way that will render, or is likely to render, the food unsafe.
Maximum penalty:  500 penalty units.
	(2)	A person must not sell food that is unsafe.
Maximum penalty:  500 penalty units.
23	Handling and sale of unsuitable food
	(1)	A person must not handle food intended for sale in a way that will render, or is likely to render, the food unsuitable.
Maximum penalty:  400 penalty units.
	(2)	A person must not sell food that is unsuitable.
Maximum penalty:  400 penalty units.
	(3)	For this section, it is immaterial whether the food concerned is safe.
24	Misleading conduct relating to sale of food
	(1)	A person must not, in the course of conducting a food business, engage in conduct that is misleading or deceptive or is likely to mislead or deceive in relation to—
	(a)	the advertising, packaging or labelling of food intended for sale; or
	(b)	the sale of food.
Maximum penalty:  500 penalty units.
	(2)	A person must not, for the purpose of selling food or promoting the sale of food in the course of conducting a food business, cause the food to be advertised, packaged or labelled in a way that falsely describes the food.
Maximum penalty:  500 penalty units.
Note	For examples of food that is falsely described, see s 15.
	(3)	A person must not, in the course of conducting a food business, sell food that is packaged or labelled in a way that falsely describes the food.
Maximum penalty:  500 penalty units.
	(4)	Subsections (2) and (3) do not limit subsection (1).
25	Sale of food not complying with purchaser’s demand
	(1)	A person must not, in the course of conducting a food business, sell food if the food is not of the nature or substance demanded by the purchaser.
Maximum penalty:  500 penalty units.
	(2)	For this section, it is immaterial whether the food concerned is safe.
26	Sale of unfit equipment or packaging or labelling material
	(1)	A person must not sell equipment that if used for the purposes for which it was designed or intended to be used—
	(a)	would render, or be likely to render, food unsafe; or
	(b)	would put other equipment, or would be likely to put other equipment, in such a condition that, if the other equipment were used for the purposes for which it was designed or intended to be used, it would render, or be likely to render, food unsafe.
Maximum penalty:  500 penalty units.
	(2)	A person must not sell packaging or labelling material that if used for the purposes for which it was designed or intended to be used would render, or be likely to render, food unsafe.
Maximum penalty:  500 penalty units.
27	Compliance with food standards code
	(1)	A person must comply with any requirement imposed on the person by the food standards code in relation to—
	(a)	the conduct of a food business; or 
	(b)	food intended for sale; or 
	(c)	food for sale.
Maximum penalty:  500 penalty units.
	(2)	A person must not sell food that does not comply with a requirement of the food standards code that relates to the food.
Maximum penalty:  500 penalty units.
	(3)	A person must not sell or advertise food that is packaged or labelled in a way that contravenes the food standards code.
Maximum penalty:  500 penalty units.
	(4)	A person must not sell or advertise for sale food in a way that contravenes the food standards code.
Maximum penalty:  500 penalty units.
Division 3.4	Defences
28	Defence relating to publication of advertisements
	(1)	In a proceeding for an offence against this part in relation to the publication of an advertisement, it is a defence if the defendant proves that the defendant—
	(a)	conducted the business of publishing or arranging for the publication of advertisements; and
	(b)	 published or arranged for the publication of the advertisement in the ordinary course of the business.
	(2)	Subsection (1) does not apply if the defendant—
	(a)	should reasonably have known that the publication of the advertisement was an offence; or
	(b)	had previously been told in writing by an authorised officer that publication of such an advertisement would be an offence; or
	(c)	is the proprietor of a food business or is otherwise engaged in the conduct of a food business for which the advertisement was published.
29	Defence in relation to food for export
	(1)	In a proceeding for an offence against this part involving a contravention of a provision of the food standards code in relation to food, it is a defence if the defendant proves that—
	(a)	the food is to be exported to another country; and
	(b)	the food complies with the laws (the foreign laws) in force at the time of the offence in the place to which the food is to be exported; and
	(c)	the foreign laws deal with the same subject matter as the provision of the food standards code.
	(2)	This section does not apply to food that was originally intended for export but was sold in the ACT.
30	Defence of appropriate diligence
	(1)	In a proceeding for an offence against this part, it is a defence if the defendant proves that the defendant took all reasonable precautions and exercised all appropriate diligence to prevent the commission of the offence by the defendant or by another person under the defendant’s control.
	(2)	Without limiting how the defendant may satisfy subsection (1), the defendant satisfies the subsection if the defendant proves—
	(a)	that the commission of the offence was caused by—
	(i)	an act or omission of another person; or
	(ii)	reliance on information supplied by another person; and
	(b)	that—
	(i)	the defendant carried out all checks of the food concerned as were reasonable in all the circumstances; or
	(ii)	it was reasonable in all the circumstances to rely on checks carried out by the person who supplied the food concerned to the defendant; and
	(c)	that the defendant did not import the food into the ACT from another country; and
	(d)	for an offence involving the sale of food—
	(i)	that the defendant sold the food in the same condition as the defendant purchased it; or
	(ii)	that the defendant sold the food in a different condition to that in which the defendant purchased it, but that the difference did not result in a contravention of this Act; and
	(e)	that the defendant did not know and had no reason to suspect at the time of commission of the offence that the defendant’s act or omission was an offence against this part.
Note	A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation, the food standards code and any approved code of practice (see Legislation Act, s 104).
	(3)	In subsection (2) (a):
another person does not include a person who was—
	(a)	an employee or agent of the defendant; or
	(b)	if the defendant is a corporation—an executive officer, employee or agent of the defendant.
	(4)	Without limiting how the defendant may satisfy subsection (1) or (2) (b) (i), the defendant satisfies the provision if the defendant proves—
	(a)	for an offence relating to a food business for which a food safety program is required to be prepared under a 
regulation—that the defendant complied with a food safety program for the food business that complies with the requirements of the regulations; or
	(b)	in any other case—that the defendant complied with a scheme (for example, a quality assurance program or an industry code of practice) that was—
	(i)	designed to manage food safety hazards and based on Australian national or international standards, codes or guidelines designed for that purpose; and
	(ii)	documented in some way.
31	Defence in relation to handling food
	(1)	This section applies to a proceeding for an offence against—
	(a)	section 16 (Knowingly handling food in unsafe way); or
	(b)	section 19 (Handling of food in unsafe way); or
	(c)	section 22 (1) (which is about handling food in a way that renders it unsafe etc); or
	(d)	section 23 (1) (which is about handling food in a way that renders it unsuitable etc).
	(2)	It is a defence if the defendant proves that the defendant caused the food to which the offence relates to be destroyed or otherwise disposed of immediately after the food was handled in the way that rendered it, or was likely to render it, unsafe or unsuitable.
32	Defence in relation to sale of unfit equipment or packaging or labelling material
In a proceeding for an offence against section 26 (1) or (2) (Sale of unfit equipment or packaging or labelling material), it is a defence if the defendant proves that the defendant reasonably believed that the equipment or material concerned was not intended for use in relation to the handling of food.
Division 3.5	Other matters
33	Defence of mistaken and reasonable belief not available
In a proceeding for an offence against division 3.3 (Other offences relating to food), it is not a defence that the defendant had a mistaken but reasonable belief about the facts that constituted the offence.
34	Onus on defendant to prove certain statements about food
	(1)	This section applies to a proceeding for an offence against this part in which it is alleged that a statement on a package of food, or in an advertisement about food, that relates to the origin or composition of the food, or its therapeutic or nutritive properties, caused the food to be falsely described.
	(2)	If the defendant was responsible for making the statement, the onus of proving the correctness of the statement is on the defendant.
35	Alternative verdicts for handling food in unsafe way
	(1)	This section applies to a defendant charged with an offence against section 16 (Knowingly handling food in unsafe way).
	(2)	If the trier of fact is not satisfied that the defendant committed the offence but is satisfied that the defendant committed a lesser food handling offence, the trier of fact may find the defendant not guilty of the offence charged but guilty of the lesser food handling offence.
	(3)	In this section:
lesser food handling offence means an offence against—
	(a)	section 19 (Handling of food in unsafe way); or
	(b)	section 22 (1) (which is about handling food in a way that renders it unsafe etc).
36	Alternative verdicts for selling unsafe food
	(1)	This section applies to a defendant charged with an offence against section 17 (Knowingly selling unsafe food).
	(2)	If the trier of fact is not satisfied that the defendant committed the offence but is satisfied that the defendant committed a lesser food selling offence, the trier of fact may find the defendant not guilty of the offence charged but guilty of the lesser food selling offence.
	(3)	In this section:
lesser food selling offence means an offence against—
	(a)	section 20 (Sale of unsafe food); or
	(b)	section 22 (2) (which is about the sale of unsafe food etc).

Part 4	Emergency powers
    
37	Definitions for pt 4
In this part:
dispose, of food, includes impound, isolate or destroy the food.
recall order means an emergency order requiring the recall or disposal, or both, of any food.
38	Making of emergency orders
The Minister may, in writing, make an order (an emergency order) if the Minister believes, on reasonable grounds, that the making of the order is necessary to—
	(a)	prevent or reduce the possibility of a serious danger to public health; or
	(b)	mitigate the adverse consequences of a serious danger to public health.
39	Nature of emergency orders
An emergency order may do any 1 or more of the following:
	(a)	require the publication of warnings, in a form approved by the Minister, that a food is unsafe;
	(b)	prohibit the growing, raising, cultivation, picking, harvesting, collection or catching, from an area, of a food or other primary produce intended to be used for human consumption;
	(c)	prohibit a food from being advertised or sold;
	(d)	direct that a food consigned or distributed for sale or sold be recalled and state how, and the period within which, the recall is to be conducted;
	(e)	direct that a food or other primary produce intended to be used for human consumption be disposed of and state how the disposal is to be done;
	(f)	prohibit absolutely the carrying on of an activity in relation to a food, or permit the carrying on of the activity in accordance with conditions stated in the order;
	(g)	without limiting paragraph (f), impose conditions relating to the taking and analysis of samples of the food or of water, soil or anything else that is part of the environment in which the activity is carried on in relation to the food;
	(h)	state methods of analysis (not inconsistent with any methods prescribed by the food standards code) of any samples required to be taken in accordance with the order.
Note 1	An order may be made in relation to a particular type of food (see Legislation Act, s 48).
Note 2	The power to make an instrument includes the power to amend or repeal the instrument (see Legislation Act, s 46).
40	Special provisions relating to recall orders
	(1)	A recall order may require a person bound by the order to disclose to the public (or a stated part of the public), in a stated way, any 1 or more of the following:
	(a)	the food to be recalled or disposed of;
	(b)	the reasons why the food is considered to be unsafe;
	(c)	the circumstances in which consumption of the food is unsafe;
	(d)	procedures for disposing of the food.
	(2)	A person who is required by a recall order to conduct a recall of food must give written notice to the chief health officer of the completion of the recall as soon as practicable after its completion.
	(3)	A person bound by a recall order is liable for any cost incurred by or on behalf of the Territory in relation to the recall order and the cost is taken to be a debt owing to the Territory.
	(4)	In a proceeding for the recovery of the debt, a certificate signed by the chief health officer stating the amount of the costs, and how they were incurred, is evidence of the matters stated in the certificate.
41	How orders are made
	(1)	An emergency order may be addressed to—
	(a)	the person or people intended to be bound by it; or
	(b)	several people, a class of people, or all people.
	(2)	A copy of an emergency order mentioned in subsection (1) (a) must be served on the person or people intended to be bound by it.
Note	For how documents may be served, see the Legislation Act, pt 19.5.
	(3)	Notice of an emergency order mentioned in subsection (1) (b) must be published as soon as practicable after the order is made in a newspaper that, in the Minister’s opinion, will be most likely to bring the order to the attention of the people to be bound by it.
	(4)	The notice must set out the terms of the order and the people to be bound by it.
	(5)	An emergency order, when it takes effect, is binding on the person or people to whom it is addressed.
	(6)	An emergency order that is served on a person takes effect when it is served on the person.
	(7)	An emergency order that is notified under subsection (3) takes effect at the beginning of the 1st day when the order is notified under that subsection.
	(8)	An order expires at the end of 90 days after the day when it takes effect unless it is sooner revoked.
	(9)	Subsection (8) does not prevent a further order being made in the same terms as an order that has expired.
42	Operation of emergency orders
	(1)	A person bound by an emergency order may apply to the Supreme Court for an order staying or otherwise affecting the operation of the order.
	(2)	The Supreme Court may make an order staying or otherwise affecting the operation of an emergency order only if satisfied that the making of the order will not—
	(a)	create or increase the possibility of a serious danger to public health; or
	(b)	aggravate the adverse consequences of a serious danger to public health.
	(3)	In deciding whether to make an order under this section, the Supreme Court must have regard to section 44 (Compensation for emergency order).
43	Failure to comply with emergency order
	(1)	A person must not, without reasonable excuse—
	(a)	conduct an activity in contravention of a prohibition imposed on the person by an emergency order; or
	(b)	fail to comply with a direction given by an emergency order; or
	(c)	fail to comply with a condition stated in an emergency order.
Maximum penalty:  500 penalty units.
	(2)	In this section:
emergency order includes an emergency order as affected by an order of the Supreme Court under section 42 (Operation of emergency orders).
44	Compensation for emergency order
	(1)	This section applies if—
	(a)	a person was bound by an emergency order; and
	(b)	the person suffers loss or damage because of the making of the order; and
	(c)	the person considers that there were insufficient grounds for the making of the order.
	(2)	The person may apply in writing, with reasons for the application, to the Minister for compensation.
	(3)	If there were insufficient grounds for the making of the order, the Territory must pay reasonable compensation to the person.
	(4)	However, compensation is not payable to the person—
	(a)	in relation to any loss or damage suffered by the person because of an act or omission of the person; or
	(b)	if the person caused or contributed to the danger to public health because of which the emergency order was made.
	(5)	The Minister must—
	(a)	decide whether to pay any compensation to the person and, if so, the amount of the compensation; and
	(b)	give the person written notice of the Minister’s decision.
	(6)	If the Minister has not decided the application within 28 days after the day the Minister received the application, the Minister is taken to have refused to pay any compensation.

Part 5	Inspection and seizure powers
Division 5.1	General
45	Definitions for pt 5
In this part:
connected—a thing is connected with an offence if—
	(a)	the offence has been committed in relation to it; or
	(b)	it will provide evidence of the commission of the offence; or
	(c)	it was used, is being used, or is intended to be used, to commit the offence.
occupier, of premises, includes—
	(a)	a person believed, on reasonable grounds, to be an occupier of the premises; and
	(b)	a person apparently in charge of the premises.
Note 	The dictionary defines premises as including land and a vehicle.
offence includes an offence that there are reasonable grounds for believing has been, is being, or will be committed.
place of seizure—see section 52 (6) (a) (Power to seize things).
Division 5.2	Powers of authorised officers generally
46	Power to enter premises
	(1)	For this Act, an authorised officer may—
	(a)	at any reasonable time, enter premises that the authorised officer believes, on reasonable grounds, are—
	(i)	premises used in relation to the handling of food intended for sale or the sale of food; or
	(ii)	premises where there are documents relating to the handling of food intended for sale, the sale of food or equipment; or
	(b)	at any reasonable time, enter premises that the public is entitled to use or that are open to the public (whether or not on payment of money); or
	(c)	at any time, enter premises with the occupier’s consent; or
	(d)	enter premises in accordance with a warrant under this part; or
	(e)	at any time, enter premises if the authorised officer believes, on reasonable grounds, that the circumstances are of such seriousness and urgency as to require immediate entry to the premises without the authority of a warrant.
Note 1	The dictionary defines premises as including land and a vehicle.
Note 2	Fees may be determined under s 150 for an inspection of premises under this section.
	(2)	However, subsection (1) (a) does not authorise entry into any part of premises that is being used solely for residential purposes except if that part of the premises is being used for—
	(a)	the preparation or service of meals provided with paid accommodation; or
	(b)	the preparation of food intended for sale or the sale of food.
Example of par (b)
a food catering service conducted from a house
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(3)	For subsection (1), an authorised officer may stop and detain a vehicle that the officer believes, on reasonable grounds, is—
	(a)	a food transport vehicle; or
	(b)	a vehicle where there are documents relating to the handling of food intended for sale, the sale of food or equipment.
	(4)	For subsection (3), the authorised officer—
	(a)	may exercise the authorised officer’s powers in relation to the vehicle in a place to which the public has access to; and
	(b)	must not detain the vehicle for longer than is reasonably necessary to exercise the authorised officer’s powers under this part.
	(5)	An authorised officer may, without the occupier’s consent, enter the land around premises to ask for consent to enter the premises.
	(6)	To remove any doubt, an authorised officer may enter premises under subsection (1) without payment of any entry fee or other charge.
	(7)	For subsection (1) (e), the authorised officer may enter the premises with any necessary assistance and force.
	(8)	In this section:
at any reasonable time means at any time—
	(a)	for subsection (1) (a) (i)—during normal business hours or any other time when the premises are being used in relation to the handling of food intended for sale or the sale of food; or
	(b)	for subsection (1) (a) (ii)—during normal business hours; or
	(c)	for subsection (1) (b)—at any time that the public is entitled to use the premises, or that the premises are open to or used by the public, (whether or not on payment of money).
47	Production of identity card 
An authorised officer must not remain on premises entered under this part if the authorised officer does not produce his or her identity card for inspection when asked by the occupier.
48	Consent to entry
	(1)	When seeking the consent of an occupier for entering premises under section 46 (1) (c) (Power to enter premises), an authorised officer must—
	(a)	produce his or her identity card; and
	(b)	tell the occupier—
	(i)	the purpose of the entry; and
	(ii)	that anything found and seized under this part may be used in evidence in court; and
	(iii)	that consent may be refused.
	(2)	If the occupier consents, the authorised officer must ask the occupier to sign a written acknowledgment (an acknowledgment of consent)—
	(a)	that the occupier was told—
	(i)	the purpose of the entry; and
	(ii)	that anything found and seized under this part may be used in evidence in court; and
	(iii)	that consent may be refused; and
	(b)	that the occupier consented to the entry; and
	(c)	stating the time, and date, when consent was given.
	(3)	If the occupier signs an acknowledgment of consent, the authorised officer must immediately give a copy to the occupier.
	(4)	A court must find that an occupier of premises did not consent to an entry to the premises by an authorised officer under this part if—
	(a)	the question whether the occupier consented to the entry arises in a proceeding in the court; and
	(b)	an acknowledgment of consent for the entry is not produced in evidence for the entry; and
	(c)	it is not proved that the occupier consented to the entry.
49	Warrants 
	(1)	An authorised officer may apply to a magistrate for a warrant to enter premises.
	(2)	The application must be sworn and state the grounds on which the warrant is sought.
	(3)	The magistrate may refuse to consider the application until the authorised officer gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.
	(4)	The magistrate may issue a warrant only if satisfied there are reasonable grounds for suspecting—
	(a)	there is a particular thing or activity connected with an offence against this Act; and
	(b)	the thing or activity is at the premises, or may be at the premises within the next 14 days.
	(5)	The warrant must state—
	(a)	that an authorised officer may, with any necessary assistance and force, enter the premises and exercise the authorised officer’s powers under this part; and
	(b)	the offence for which the warrant is issued; and
	(c)	the things that may be seized under the warrant; and
	(d)	the hours when the premises may be entered; and
	(e)	the date, within 14 days after the warrant’s issue, the warrant ends.
50	Warrants—application made other than in person
	(1)	An authorised officer may apply for a warrant by phone, fax, radio or other form of communication if the authorised officer considers it necessary because of—
	(a)	urgent circumstances; or
	(b)	other special circumstances.
	(2)	Before applying for the warrant, the authorised officer must prepare an application stating the grounds on which the warrant is sought.
	(3)	The authorised officer may apply for the warrant before the application is sworn.
	(4)	After issuing the warrant, the magistrate must immediately fax a copy to the authorised officer if it is practicable to do so.
	(5)	If it is not practicable to fax a copy to the authorised officer—
	(a)	the magistrate must—
	(i)	tell the authorised officer what the terms of the warrant are; and
	(ii)	tell the authorised officer the date and time the warrant was issued; and
	(b)	the authorised officer must complete a form of warrant (the warrant form) and write on it—
	(i)	the magistrate’s name; and
	(ii)	the date and time the magistrate issued the warrant; and
	(iii)	the warrant’s terms.
	(6)	The faxed copy of the warrant, or the warrant form properly completed by the authorised officer, authorises the entry and the exercise of the authorised officer’s powers under this part.
	(7)	The authorised officer must, at the first reasonable opportunity, send to the magistrate—
	(a)	the sworn application; and
	(b)	if the authorised officer completed a warrant form—the completed warrant form.
	(8)	On receiving the documents, the magistrate must attach them to the warrant.
	(9)	A court must find that a power exercised by an authorised officer was not authorised by a warrant under this section if—
	(a)	the question arises in a proceeding before the court whether the exercise of power was authorised by a warrant; and
	(b)	the warrant is not produced in evidence; and
	(c)	it is not proved that the exercise of power was authorised by a warrant under this section.
51	General powers of authorised officers
	(1)	An authorised officer who enters premises (including a vehicle) under this part may, for this Act, do any 1 or more of the following in relation to the premises or anything on the premises:
	(a)	examine any food sold or intended for sale or any equipment;
	(b)	examine and copy, or take extracts from, any documents relating to food intended for sale, the sale of food or equipment;
	(c)	examine and copy, or take extracts from, any packaging, labelling or advertising material;
	(d)	examine any system of work in or on the premises;
	(e)	examine anything else in or on the premises;
	(f)	open (or require to be opened) any container or package that the authorised officer believes, on reasonable grounds—
	(i)	contains any food sold or intended for sale or any equipment; or
	(ii)	is used in relation to the transport of food;
	(g)	open or operate (or require to be opened or operated) any equipment;
	(h)	subject to part 6 (Taking and analysis of food samples), take for analysis samples of any food sold or intended for sale;
	(i)	take for analysis samples of water, soil or anything else that is part of the environment in which food is handled to find out whether that environment poses a risk to the safety of the food for human consumption;
	(j)	take for analysis samples of or from anything else in or on the premises;
	(k)	conduct any other examination to find out whether this Act (including the food standards code) is being complied with;
	(l)	take measurements, conduct tests and make sketches, drawings or any other kind of record (including photographs, films, or audio, video or other recordings);
	(m)	under section 52 (Power to seize things), seize a thing in or on the premises;
	(n)	require the occupier, or a person on the premises, to provide information, answer questions, or produce documents or anything else, reasonably needed for the authorised officer’s functions under this Act;
	(o)	require the occupier, or a person on the premises, to give the authorised officer reasonable assistance to exercise a power under this part.
Note 1	The dictionary defines examine as including inspect, weigh, count, test or measure.
Note 2	A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation, the food standards code and any approved code of practice (see Legislation Act, s 104).
	(2)	A person must not, without reasonable excuse, contravene a requirement under subsection (1) (n) or (o).
Maximum penalty:  50 penalty units.
Note	The Legislation Act, s 170 and s 171 deal with the application of the privilege against selfincrimination and client legal privilege.
	(3)	An authorised officer may exercise all or any of the powers mentioned in subsection (1) (a) to (o) in relation to food in a public place that the officer suspects, on reasonable grounds, is food sold or intended for sale (whether or not the food was sold or intended for sale in the public place).
	(4)	This Act applies in relation to the exercise of a power under subsection (3) as if—
	(a)	the public place were premises entered by the authorised officer under this part; and
	(b)	the proprietor of the food business concerned were the occupier of the premises; and
	(c)	all other necessary changes were made.
	(5)	Without limiting subsection (4), if a person is required to do something by an authorised officer under subsection (3), the person is not obliged to comply with the requirement if the authorised officer does not produce his or her identity card for inspection when asked by the person.
52	Power to seize things
	(1)	An authorised officer who enters premises under this part with the occupier’s consent may seize a thing in or on the premises if—
	(a)	the authorised officer is satisfied, on reasonable grounds, that the thing is connected with an offence against this Act; and
	(b)	seizure of the thing is consistent with the purpose of the entry as told to the occupier when seeking the occupier’s consent.
	(2)	An authorised officer who enters premises under a warrant issued under this part may seize anything in or on the premises that the authorised officer is authorised to seize under the warrant.
	(3)	An authorised officer who enters premises under this part (whether with the occupier’s consent, under a warrant or otherwise) may seize anything in or on the premises if satisfied, on reasonable grounds, that—
	(a)	the thing is connected with an offence against this Act; and
	(b)	the seizure is necessary to prevent the thing from being—
	(i)	concealed, lost or destroyed; or
	(ii)	used to commit, continue or repeat the offence.
	(4)	Also, an authorised officer who enters premises under this part (whether with the occupier’s consent, under a warrant or otherwise) may seize any food in or on the premises if satisfied, on reasonable grounds, that the food—
	(a)	is unsafe or unsuitable; or
	(b)	consists partly or completely of decomposed, filthy, putrid or spoiled matter; or 
	(c)	otherwise poses an immediate risk to health or property.
	(5)	The powers of an authorised officer under subsection (3) or (4) are additional to any powers of the authorised officer under subsection (1) or (2) or any other territory law.
	(6)	Having seized a thing, an authorised officer may—
	(a)	remove the thing from the premises where it was seized (the place of seizure) to another place; or
	(b)	leave the thing at the place of seizure but restrict access to it; or
	(c)	for food mentioned in subsection (4)—destroy or otherwise dispose of the food under section 53 (5) (Power to destroy decomposed food etc).
Example of how access may be restricted
The authorised officer may—
(a)	place the seized thing in a room or other enclosed area, compartment or cabinet at the place of seizure; and
(b)	fasten and seal the door or opening providing access to the room, area, compartment or cabinet; and 
(c)	mark the door or opening in a way that indicates that access to it has been restricted under this Act.
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(7)	A person must not, without an authorised officer’s approval, interfere with a seized thing, or anything containing a seized thing, to which access has been restricted under subsection (6).
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
Note	An authorised officer may seize a thing in a public place under this section and this part applies to the thing seized, see s 51 (3) to (5).
53	Power to destroy decomposed food etc
	(1)	This section applies to food inspected or seized under this part by an authorised officer if the authorised officer is satisfied, on reasonable grounds, that the food—
	(a)	is unsafe or unsuitable; or
	(b)	consists partly or completely of decomposed, filthy, putrid or spoiled matter; or 
	(c)	otherwise poses an immediate risk to health or property.
	(2)	The authorised officer may direct the proprietor of the food business concerned to destroy or otherwise dispose of the food.
	(3)	The direction may state any 1 or more of the following:
	(a)	how the food must be destroyed or otherwise disposed of;
	(b)	how the food must be kept until it is destroyed or otherwise disposed of;
	(c)	the period within which the food must be destroyed or otherwise disposed of.
	(4)	The proprietor of the food business must not, without reasonable excuse, contravene a direction given to the proprietor under subsection (2).
Maximum penalty:  50 penalty units.
	(5)	Alternatively, if the food has been seized under this part, the authorised officer may destroy or otherwise dispose of the food.
	(6)	Costs incurred by or on behalf of the Territory in relation to the disposal of food under subsection (5) are a debt owing to the Territory by the proprietor of the food business.
54	Power to require name and address
	(1)	An authorised officer may require a person to state the person’s name and home address if the authorised officer—
	(a)	finds a person committing an offence against this Act; or
	(b)	has reasonable grounds for believing that a person has just committed an offence against this Act.
	(2)	If the authorised officer requires the person to state the person’s name and home address, the authorised officer must—
	(a)	tell the person the reasons for the requirement; and
	(b)	as soon as practicable, record those reasons.
	(3)	A person must not, without reasonable excuse, fail to comply with a requirement under subsection (1).
Maximum penalty:  5 penalty units.
	(4)	However, a person is not obliged to comply with a requirement under subsection (1) if the authorised officer does not produce his or her identity card for inspection when asked by the person.
Division 5.3	Return and forfeiture of things seized
55	Receipt for things seized
	(1)	As soon as practicable after a thing is seized by an authorised officer under this part, the authorised officer must give a receipt for it to the person from whom it was seized.
	(2)	If, for any reason, it is not practicable to comply with subsection (1), the authorised officer must leave the receipt, secured conspicuously, at the place of seizure.
	(3)	A receipt under this section must include the following:
	(a)	a description of the thing seized;
	(b)	an explanation why the thing was seized;
	(c)	an explanation of the person’s right to apply to a court under section 58 (Application for order disallowing seizure) for an order disallowing the seizure; 
	(d)	if the thing is removed from the premises where it is seized—where the thing is to be taken to;
	(e)	the authorised officer’s name, business address and telephone number.
56	Access to things seized
	(1)	This section applies to a document or anything else seized under this part (other than to food mentioned in section 52 (4) (which is about the seizure of contaminated or putrid food etc)).
	(2)	If asked by a person who would be entitled to inspect the thing if it were not seized under this part, an authorised officer must allow the person, at any reasonable time—
	(a)	for a document—to inspect it, take extracts from it or make copies of it; and
	(b)	for anything else—inspect it.
57	Return of things seized
	(1)	A thing seized under this part must be returned to its owner, or reasonable compensation must be paid to the owner by the Territory for the loss of the thing, if—
	(a)	an infringement notice for an offence relating to the thing is not served on its owner within 6 months after the day of the seizure and either—
	(i)	a prosecution for an offence relating to the thing is not begun within the 6 month period; or
	(ii)	a prosecution for an offence relating to the thing is begun within the 6 month period and the court does not find the offence proved; or
	(b)	an infringement notice for an offence relating to the thing is served on its owner within 6 months after the day of the seizure, the infringement notice is withdrawn and either—
	(i)	a prosecution for an offence relating to the thing is not begun within 6 months after the day of the seizure; or
	(ii)	a prosecution for an offence relating to the thing is begun within 6 months after the day of the seizure and the court does not find the offence proved; or
	(c)	an infringement notice for an offence relating to the thing is served on its owner within 6 months after the day of the seizure, liability for the offence is disputed in accordance with the Magistrates Court Act 1930, section 132 (Disputing liability for infringement notice offence) and either—
	(i)	an information is not laid in the Magistrates Court against the person for the offence within 60 days after the day the person gives notice under section 132 that liability is disputed; or
	(ii)	the Magistrates Court does not find the offence proved; or
	(d)	before the thing is forfeited to the Territory under section 61 (Forfeiture of seized things), the chief health officer—
	(i)	becomes satisfied that there has been no offence against this Act with which the thing was connected; or
	(ii)	decides not to prosecute the offence.
	(2)	However, this section does not apply—
	(a)	to food mentioned in section 52 (4) (which is about the seizure of contaminated or putrid food etc); or
	(b)	if the chief health officer believes, on reasonable grounds, that the only practical use of the thing in relation to a food business would be an offence against this Act.
58	Application for order disallowing seizure
	(1)	A person claiming to be entitled to anything seized under this part (other than to food mentioned in section 52 (4) (which is about the seizure of contaminated or putrid food etc)) may apply to the Magistrates Court within 10 days after the day of the seizure for an order disallowing the seizure.
	(2)	An application under subsection (1) may be heard only if the applicant has served a copy of the application on the chief health officer.
	(3)	The chief health officer is entitled to appear as respondent at the hearing of an application.
59	Order for return of seized thing
	(1)	This section applies if a person claiming to be entitled to anything seized under this part applies to the Magistrates Court under section 58 for an order disallowing the seizure.
	(2)	The Magistrates Court must make an order disallowing the seizure if—
	(a)	it is proved that the applicant would, apart from the seizure, be entitled to the return of the seized thing; and
	(b)	it is not proved there is an offence against this Act with which the thing is connected.
	(3)	The Magistrates Court may also make an order disallowing the seizure if satisfied there are exceptional circumstances justifying the making of the order.
	(4)	If the Magistrates Court makes an order disallowing the seizure, the court may make any 1 or more of the following ancillary orders:
	(a)	an order directing the chief health officer to return the thing to the applicant or to someone else that appears to be entitled to it;
	(b)	if the thing cannot be returned or has depreciated in value because of the seizure—an order directing the Territory to pay reasonable compensation;
	(c)	an order about the payment of costs in relation to the application. 
	(5)	The awarding of costs is at the discretion of the Magistrates Court.
	(6)	If the Magistrates Court makes an order for the payment of compensation or for costs, the order is enforceable as a judgment of the court.
60	Adjournment pending hearing of other proceedings
	(1)	This section applies to the hearing of an application under section 58 (Application for order disallowing seizure).
	(2)	If it appears to the Magistrates Court that the seized thing is required to be produced in evidence in a pending proceeding in relation to an offence against a territory law, the court may, on the application of the chief health officer or its own initiative, adjourn the hearing until the conclusion of that proceeding.
61	Forfeiture of seized things
	(1)	This section applies if—
	(a)	anything seized under this part has not been destroyed or otherwise disposed of under section 53 (Power to destroy decomposed food etc) or returned under section 57 (Return of things seized); and
	(b)	an application for disallowance of the seizure under section 58 (Application for order disallowing seizure)—
	(i)	has not been made within 10 days after the day of the seizure; or
	(ii)	has been made within that period, but the application has been refused or has been withdrawn before a decision in relation to the application had been made.
	(2)	If this section applies to the seized thing—
	(a)	it is forfeited to the Territory; and
	(b)	it may be sold, destroyed or otherwise disposed of as the chief health officer directs.
62	Return of forfeited things
	(1)	This section applies to a thing forfeited under section 61 that has not been disposed of in a way that would prevent its return. 
	(2)	If the chief health officer becomes satisfied that there has been no offence against this Act with which the thing was connected, the chief health officer must, as soon as practicable, return the thing to the person from whom it was seized or someone else who appears to the chief health officer to be entitled to it.
	(3)	On its return, any proprietary and other interests in the thing that existed immediately before its forfeiture are restored.
63	Cost of disposal of things forfeited
	(1)	This section applies if—
	(a)	a person is convicted, or found guilty, of an offence against this Act in relation to a thing forfeited to the Territory under this part; and
	(b)	the thing was connected with an offence against this Act; and
	(c)	the person was the owner of the thing immediately before its forfeiture.
	(2)	If this section applies, costs incurred by or on behalf of the Territory in relation to the lawful disposal of the thing (including storage costs) are a debt owing to the Territory by the person.
Division 5.4	Miscellaneous
70	Damage etc to be minimised
	(1)	In the exercise, or purported exercise, of a function under this part, an authorised officer must take all reasonable steps to ensure that the authorised officer, and any person assisting the authorised officer, causes as little inconvenience, detriment and damage as is practicable.
	(2)	If an authorised officer, or a person assisting an authorised officer, damages anything in the exercise or purported exercise of a function under this part, the authorised officer must give written notice of the particulars of the damage to the person whom the authorised officer believes, on reasonable grounds, is the owner of the thing.
	(3)	If the damage happens on premises entered under this part in the absence of the occupier, the notice may be given by securing it in a conspicuous place on the premises.
71	Compensation to be paid in certain circumstances
	(1)	A person may claim compensation from the Territory if the person suffers loss or expense because of the exercise, or purported exercise, of a function under this part by an authorised officer or a person assisting an authorised officer.
	(2)	Compensation may be claimed and ordered in a proceeding for—
	(a)	compensation brought in a court of competent jurisdiction; or
	(b)	an order under section 58 (Application for order disallowing seizure); or
	(c)	an offence against this Act brought against the person making the claim for compensation.
	(3)	A court may order the payment of reasonable compensation for the loss or expense only if it is satisfied it is just to make the order in the circumstances of the particular case.
	(4)	A regulation may prescribe matters that may, must or must not be taken into account by the court in considering whether it is just to make the order.

Part 6	Taking and analysis of food samples
    
72	Samples for routine monitoring of Act
This part does not prevent an authorised officer from buying a sample of food for analysis for the routine monitoring of compliance with this Act without complying with the requirements of this part.
Note	For the admissibility of the analysis of a sample of food taken by an authorised officer, see s 135.
73	Other samples—proprietor to be told sample to be analysed
	(1)	This section applies if an authorised officer proposes to take, or takes, a sample of food from a food business for analysis.
	(2)	Before or as soon as practicable after taking the sample, the authorised officer must tell the proprietor of the food business or, if the proprietor is not present or readily available, the person from whom the sample was obtained or who was in charge of the food from which the sample was taken, of the authorised officer’s intention to have the sample analysed.
	(3)	However, this section does not apply if the authorised officer obtains the sample from a vending machine and the authorised officer cannot identify anyone who appears to be in charge of the machine at the time the sample is obtained.
74	Payment for samples
	(1)	This section applies if an authorised officer takes a sample of food from a food business for analysis.
	(2)	The authorised officer must pay to the person from whom the sample is taken, or tender payment to that person of—
	(a)	the amount prescribed by regulation as the amount payable for the sample; or
	(b)	if no amount is prescribed—the current market value of the sample.
	(3)	However, this section does not apply if the authorised officer obtains the sample from a vending machine by paying for it.
75	Samples from packaged food
	(1)	This section applies to food that is contained in a closed package intended for retail sale.
	(2)	An authorised officer who takes a sample of the food for analysis must take the entire package unless the package contains 2 or more smaller packages of the same food.
76	Procedures for dividing food samples
	(1)	This section applies to a sample of food taken by an authorised officer for analysis except to the extent that the food standards code otherwise provides.
	(2)	An authorised officer who takes a sample of food for analysis must, unless subsection (3) or (4) apply in relation to the sample—
	(a)	divide the sample into 3 separate parts, and mark and seal or fasten each part in a way that its nature allows; and
	(b)	leave 1 part with the person told under section 73 (2) (Other samples—proprietor to be told sample to be analysed) of the authorised officer’s intention to have the sample analysed; and
	(c)	keep 1 of the remaining parts for analysis; and
	(d)	keep the remaining part for future comparison with the other parts of the sample.
	(3)	If a sample of food taken by an authorised officer is in the form of separate or severable objects, the authorised officer may—
	(a)	take a number of the objects; and
	(b)	divide them into 3 parts each consisting of 1 or more of the objects, or of the severable parts of the objects, and mark and either seal or fasten each part; and
	(c)	deal with the sample under subsection (2) (b) to (d).
	(4)	The authorised officer may comply with subsection (5) if the division of a sample of food into 3 separate parts would, in the authorised officer’s opinion—
	(a)	so affect or impair the composition or quality of the sample as to make the separate parts unsuitable for accurate analysis; or
	(b)	result in the separate parts being of an insufficient size for accurate analysis; or
	(c)	otherwise make the sample unsuitable for analysis (including a method of analysis prescribed by regulation in relation to the food from which the sample was taken).
	(5)	If subsection (4) applies in relation to a sample of food, the authorised officer may take as many samples as the authorised officer considers necessary to allow an accurate analysis to be made and may deal with the sample or samples in any way that is appropriate in the circumstances.
77	Analysis to comply with food standards code
A person who carries out an analysis of a sample of food for this Act must comply with any requirements of the food standards code relating to the carrying out of analyses.
Note 1	It is presumed that each part of a sample of food divided for the purpose of analysis for this Act is of uniform composition with every other part of the sample, see s 132 (d).
Note 2	A court may order the analysis of a sample of food under s 137.
 U 	78	Certificates of analysis by authorised analysts
	(1)	The analysis of a sample of food for the chief health officer must be carried out by an authorised analyst or under the supervision of an authorised analyst.
	(2)	The authorised analyst must give to the chief health officer a certificate of analysis that—
	(a)	is signed and dated by the analyst; and
	(b)	contains a written report of the analysis that sets out the findings; and
	(c)	states the requirements (if any) of the food standards code relating to the carrying out of the analysis and certifies that the analysis was carried out in accordance with those requirements.
Note 1	If a form is approved under s 151 for the certificate, the form must be used.
Note 2	For the evidentiary status of a certificate under this section, see s 134.

Part 7	Improvement notices and prohibition orders
    
79	Service of improvement notices 
An authorised officer may serve an improvement notice on the proprietor of a food business if the authorised officer believes, on reasonable grounds, that—
	(a)	premises or equipment used by the food business in relation to the handling of food intended for sale or the sale of food is in an unclean or insanitary condition or is otherwise unfit for the purpose for which it is designed or intended to be used; or
	(b)	this Act (including the food standards code) has been, is being or will be contravened by the food business in relation to the handling of food intended for sale or the sale of food; or
	(c)	a relevant food safety program prepared under a regulation is not being carried out adequately by the food business in relation to premises or equipment used in relation to the handling of food intended for sale or the sale of food.
Examples of par (b)
1	The food business’s premises or equipment do not comply with the food safety standards.
2	The food standards code is being contravened on premises used by the food business in relation to the handling of food intended for sale or the sale of food.
Note 1	The dictionary defines premises as including land and a vehicle.
Note 2	For how documents may be served, see the Legislation Act, pt 19.5.
Note 3	A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation, the food standards code and any approved code of practice (see Legislation Act, s 104).
Note 4	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
80	Contents of improvement notices
	(1)	An improvement notice may direct the proprietor of the food business on whom the notice is served to do any 1 or more of the following within the period for compliance:
	(a)	put particular premises or equipment into a clean and sanitary condition, or repair particular premises or equipment, to the satisfaction of an authorised officer;
	(b)	replace particular equipment or a vehicle; 
	(c)	prepare a food safety program if a food safety program is required under a regulation;
	(d)	amend a food safety program required under a regulation to comply with the regulations;
	(e)	in relation to the handling of food intended for sale or the sale of food—take particular measures to carry out a relevant food safety program required to be prepared under a regulation;
	(f)	in relation to the handling of food intended for sale or the sale of food—take particular measures to carry out the requirements of the food safety standards (including in relation to the handling of food in a particular way or for a particular purpose);
	(g)	destroy or otherwise dispose of particular food;
	(h)	take other action to ensure that the food business complies with this Act (including the food standards code).
Example of par (h)
Labelling on food intended for sale must be changed to comply with the food standards code.
Note 1	See also s 84 for the scope of an improvement notice, including the directions that may be given about the destruction of food.
Note 2	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(2)	Also, the improvement notice—
	(a)	must state that it is an improvement notice under this Act; and
	(b)	must state the period for compliance; and
	(c)	must state the provision of this Act (including any relevant provision of the food standards code) to which it relates; and
	(d)	must state the authorised officer’s belief on which service of the notice was based and a brief explanation for it; and
	(e)	may state particular action that may be taken to ensure compliance with any provision of this Act (including the food standards code) to which it relates.
	(3)	Before the end of the period for compliance stated in the improvement notice, an authorised officer may, on his or her own initiative or if asked by the proprietor of the food business, extend the period (the extended period) within which the proprietor of the food business must comply with the notice.
	(4)	In this section:
period for compliance means the period beginning on the service of the notice to the end of—
	(a)	24 hours or, if a longer period is stated in the notice, that period; or
	(b)	if the period applying under paragraph (a) is extended—the extended period.
81	Compliance with improvement notices
	(1)	If an improvement notice is complied with, an authorised officer must note the date of compliance on a copy of the notice (the compliance copy) and, as soon as practicable, give a copy of the compliance copy to the proprietor of the food business in relation to which the improvement notice was served.
	(2)	An improvement notice ceases to apply to the food business in relation to which it was served if an authorised officer notes the date of compliance with the notice by the food business on a copy of the notice.
82	Service of prohibition orders 
An authorised officer may serve a prohibition order on the proprietor of a food business if the authorised officer believes, on reasonable grounds—
	(a)	that any of the circumstances mentioned in section 79 (a), (b) or (c) (Service of improvement notices) apply in relation to the food business; and
	(b)	that—
	(i)	the proprietor of the food business has not complied with an improvement notice in relation to the circumstances within the period for compliance for the notice under section 80 (Contents of improvement notices); or
	(ii)	service of the order is necessary to prevent or mitigate a serious danger to public health.
Note	For how documents may be served, see the Legislation Act, pt 19.5.
83	Contents of prohibition orders
	(1)	A prohibition order may direct the proprietor of the food business on whom the order is served not to do any 1 or more of the following until the proprietor is given a clearance certificate for the order:
	(a)	use particular premises or equipment in relation to the handling or otherwise of food intended for sale or the sale of food;
	(b)	handle food intended for sale in a particular way or for a particular purpose;
	(c)	do anything else in relation to food intended for sale or the sale of food.
	(2)	The prohibition order may direct the proprietor of the food business concerned to destroy or otherwise dispose of particular food.
Note	See also s 84 for the scope of an prohibition order, including the directions that may be given about the destruction of food.
	(3)	Also, the prohibition order—
	(a)	must state that it is a prohibition order under this Act; and
	(b)	must state the provision of this Act (including any relevant provision of the food standards code) to which it relates; and
	(c)	must state the authorised officer’s belief on which service of the notice was based and a brief explanation for it; and
	(d)	may state particular action that may be taken to ensure compliance with any provision of this Act (including the food standards code) to which it relates; and
	(e)	must include a statement to the effect that the proprietor of the food business may ask for a reinspection of the things in relation to which the prohibition order was served if the proprietor considers that the food business complies with this Act.
84	Scope of improvement notices and prohibition orders
	(1)	An improvement notice or prohibition order may be made in relation to any 1 or more of the following:
	(a)	any or all premises, or any part of any premises, used by the food business concerned in relation to the handling or otherwise of food intended for sale or the sale of food;
	(b)	any or all equipment or vehicles used by the food business in relation to the handling or otherwise of food intended for sale or the sale of food;
	(c)	the handling of food intended for sale by the food business in a particular way or for a particular purpose;
	(d)	any or all food intended for sale or sold.
Note	The dictionary defines premises as including land and a vehicle.
	(2)	A direction under section 80 (1) (g) (Contents of improvement notices) or section 83 (2) (Contents of prohibition orders) may state any 1 or more of the following:
	(a)	how the food must be destroyed or otherwise disposed of;
	(b)	how the food must be kept until it is destroyed or otherwise disposed of;
	(c)	the period within which the food must be destroyed or otherwise disposed of.
85	Request for reinspection
	(1)	This section applies to the proprietor of a food business on whom a prohibition order has been served if the proprietor considers that the food business complies with this Act.
	(2)	The proprietor may, in writing, ask the chief health officer to arrange for an authorised officer to reinspect the things in relation to which the prohibition order was served.
	(3)	If the request relates to a vehicle or equipment, the vehicle or equipment must be made available for reinspection where it was originally inspected or at another place agreed to by an authorised officer.
	(4)	If, through no fault of the proprietor, an authorised officer does not make the reinspection within the relevant period, a clearance certificate for the prohibition order is taken to have been given to the proprietor.
	(5)	Subsection (4) does not prevent an improvement notice or another prohibition order being served on the proprietor in relation to the same premises, equipment or anything else.
	(6)	In this section:
relevant period means 48 hours from the receipt by the chief health officer of the request for reinspection.
86	Clearance certificates
	(1)	This section applies if an authorised officer reinspects the things in relation to which a prohibition order was served on the proprietor of a food business.
	(2)	The authorised officer must issue a clearance certificate for the prohibition order if the authorised officer finds that—
	(a)	the reinspected things are no longer a serious danger to public health; and
	(b)	the proprietor has complied with the prohibition order and any improvement notices served on the proprietor in relation to the food business.
87	Contravention of improvement notices and prohibition orders
The proprietor of a food business must not contravene an improvement notice or a prohibition order served on the proprietor.
Maximum penalty:  100 penalty units.
88	Compensation for prohibition order
	(1)	This section applies if—
	(a)	a person was bound by a prohibition order; and
	(b)	the person suffers loss or expense because of the making of the order; and
	(c)	the person considers that there were insufficient grounds for the making of the order.
	(2)	The person may apply in writing, with reasons for the application, to the Minister for compensation.
	(3)	If there were insufficient grounds for the making of the order, the Territory must pay reasonable compensation to the person.
	(4)	However, compensation is not payable to the person—
	(a)	in relation to any loss or expense suffered by the person because of an act or omission of the person; or
	(b)	if the person caused or contributed to the making of the prohibition order.
	(5)	The Minister must—
	(a)	decide whether to pay any compensation to the person and, if so, the amount of the compensation; and
	(b)	give the person written notice of the Minister’s decision.
	(6)	If the Minister has not decided the application within 28 days after the day the Minister received the application, the Minister is taken to have refused to pay any compensation.

Part 8	Notification and registration of food businesses
    
89	Food businesses exempt from registration
A food business that is prescribed by regulation for this section is exempt from registration under section 91 (Food businesses to be registered).
90	Notification of conduct of exempt food businesses
	(1)	A person must not conduct a food business that is prescribed by regulation for section 89 unless the person has given written notice to the chief health officer of the notifiable information before beginning to conduct the business.
Maximum penalty:  50 penalty units.
Note 1	A fee may be determined under s 150 for giving notice under this section.
Note 2	If a form is approved under s 151 for giving notice under this section, the form must be used.
	(2)	In this section:
notifiable information means the information required under the food safety standards to be notified to the appropriate enforcement agency before the business is conducted.
91	Food businesses to be registered
	(1)	A person must not conduct a food business unless the food business is registered under this part.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
	(2)	This section does not apply to a food business that is prescribed by regulation for section 89 (Food businesses exempt from registration).
92	Registration of food businesses
	(1)	A person may apply to the chief health officer for the registration of a food business conducted by the person.
Note 1	A fee may be determined under s 150 for an application for registration under this section.
Note 2	If a form is approved under s 151 for an application, the form must be used.
	(2)	The chief health officer may require the person to give the chief health officer any information that the chief health officer reasonably requires to decide the application (including, for example, the design and fit-out specifications of the premises proposed to be used in relation to the handling of food intended for sale or the sale of food).
	(3)	The chief health officer may register or refuse to register the food business.
	(4)	In deciding whether to register the food business, the chief health officer may have regard to—
	(a)	whether the proposed premises are fit for their intended use; and
	(b)	any contraventions of this Act by the person; and
	(c)	any other matter relevant to the handling of food intended for sale or the sale of food.
	(5)	For subsection (4) (a), premises are not fit for their intended use if a certificate of occupancy or certificate of regularisation under the Building Act 2004 has not been issued for the premises or the part of the premises proposed to be used in relation to the handling of food intended for sale or the sale of food.
	(6)	The registration of a food business is for 1 year beginning on the day the chief health officer registers the food business.
93	Renewal of registration
	(1)	This section does not apply if—
	(a)	the registration of a food business is suspended under this part; or
	(b)	the chief health officer has decided to cancel the registration of a food business under section 101 (3) (Procedure for taking action in relation to registration).
	(2)	The chief health officer must renew the registration of a food business if, before the expiry of the registration, the proprietor of the food business gives the chief health officer a properly completed application form for the renewal of the registration.
Note	A fee may be determined under s 150 for an application for registration under this section.
	(3)	The renewal of the registration is for 1 year beginning immediately after the expiry of the registration being renewed.
94	Issue or amendment of registration subject to conditions
	(1)	The registration of a food business may be given or renewed subject to a condition imposed by the chief health officer.
	(2)	The registration of a food business may be amended by the chief health officer to impose a condition to which the registration is to be subject or to amend or revoke a condition to which the registration is already subject.
	(3)	A condition mentioned in subsection (1) or (2) may be imposed, amended or revoked by the chief health officer—
	(a)	on the chief health officer’s own initiative or on the application of the applicant for, or the holder of, the registration; and
	(b)	for a stated period or indefinitely.
95	Registered food businesses—procedure for imposition etc of conditions on chief health officer’s initiative
	(1)	This section applies if the chief health officer proposes, on the chief health officer’s own initiative, to take action under section 94 (2) to amend the registration of a food business to impose, amend or revoke a condition (the proposed action).
	(2)	The chief health officer must give the proprietor of the food business a written notice stating—
	(a)	the proposed action; and
	(b)	if the proposed action is to impose a condition to which the registration is to be subject—the proposed condition; and
	(c)	if the proposed action is to amend a condition to which the registration is subject—the proposed condition as amended; and
	(d)	if the proposed action is to impose or amend a condition—the grounds for the proposed action; and
	(e)	if appropriate, any action that must be taken by the proprietor of the food business to avoid or reverse the proposed action; and
	(f)	the date when the proposed imposition, amendment or revocation of the condition takes effect (the date of effect); and
	(g)	that the proposed action takes effect on the date of effect unless the notice is revoked by the chief health officer before that date; and
	(h)	whether and, if so, by when the proprietor is required to return the certificate of registration to the chief health officer if the proposed action takes effect.
	(3)	The notice may, but need not, provide an opportunity for the proprietor of the food business to make representations about why the proposed action should not be taken.
	(4)	The date of effect must not be earlier than 14 days after the notice is given to the proprietor.
	(5)	This section does not affect the taking of action under section 101 (Procedure for taking action in relation to registration).
96	Certificate of registration
	(1)	If the chief health officer registers, or renews the registration, of a food business, the chief health officer must give the proprietor of the food business a certificate of registration for the food business.
	(2)	The certificate of registration must show—
	(a)	the name of the proprietor of the food business; and
	(b)	the trading name of the food business; and
	(c)	the type of the food business (as decided by the chief health officer) to which the registration relates; and
	(d)	the address of the premises at or from which the food business is mainly conducted; and
	(e)	the registration number allocated to the business; and
	(f)	the conditions (if any) to which the registration is subject; and
	(g)	when the registration expires; and
	(h)	any other information that the chief health officer considers appropriate.
97	Change in details of registration or operation of food business
	(1)	This section applies if—
	(a)	particulars set out in an application for registration or renewal of registration of a food business, or the particulars shown in a certificate of registration, become (or are about to become) inaccurate or inapplicable because of a change in circumstances; or
	(b)	the operation of a food business is changed in a way that may have an adverse effect on the safety of food intended for sale or the sale of food.
Examples of changes in circumstances 
1	a change in the proprietor of the food business
2	for a food business that is not operated from a vehicle—a change in the location of the premises from which the food business is conducted
3	a change in the kind of food business conducted by the food business
4	a structural change in the premises or a change in the fixtures and fittings for the premises
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(2)	The proprietor of the food business must give the chief health officer written notice of the change as soon as practicable (but no later than 7 days) after the day the change happens and, if the change affects particulars shown on the certificate of registration, return the certificate to the chief health officer with the notice.
Maximum penalty:  50 penalty units.
Note 1	A fee may be determined under s 150 for giving notice under this section.
Note 2	If a form is approved under s 151 for giving notice under this section, the form must be used.
	(3)	If the change relates to the registration of the food business, the chief health officer may amend or refuse to amend the registration of the food business.
	(4)	The chief health officer may require the proprietor to give the chief health officer any information that the chief health officer reasonably requires to decide whether to amend the registration of the food business.
	(5)	In deciding whether to amend the registration of the food business, the chief health officer may have regard to—
	(a)	whether, because of the change of circumstances, the premises are, or will be, fit for their intended use; and
	(b)	whether the change of circumstances will have an adverse effect on the safety of food intended for sale or the sale of food; and
	(c)	for a change in the proprietor of a food business—any contraventions of this Act by the new proprietor of the food business; and
	(d)	any other matter relevant to the handling of food intended for sale or the sale of food.
	(6)	For subsection (5) (a), premises are not fit for their intended use if a certificate of occupancy or certificate of regularisation under the Building Act 2004 has not been issued for the premises or the part of the premises proposed to be used in relation to the handling of food intended for sale or the sale of food.
	(7)	If the chief health officer amends the registration of a food business in a way that changes the particulars shown in the certificate of registration and the certificate is returned to the chief health officer, the chief health officer must amend the certificate or issue another certificate for the remainder of the period of the certificate that it replaces.
98	Replacement of certificates of registration
	(1)	The chief health officer may issue a replacement certificate of registration of a food business to the proprietor of the business if satisfied that the certificate has been lost, stolen or destroyed.
	(2)	A certificate of registration issued under this section must be issued for the remainder of the period of the certificate that it replaces.
99	Food business to be conducted in accordance with conditions of registration
The proprietor of a registered food business must not, without reasonable excuse, conduct the food business in contravention of a condition to which the registration is subject.
Maximum penalty:  50 penalty units.
100	Action that may be taken in relation to registration of food businesses
The chief health officer may take the following action under section 101 in relation to the registration of a food business if there has been a breach of this Act in the conduct of the food business:
	(a)	cancel the registration;
	(b)	suspend the registration for a period of not longer than 1 year;
	(c)	impose a condition on, or amend a condition of, the registration.
Note	A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation, the food standards code and any approved code of practice (see Legislation Act, s 104).
101	Procedure for taking action in relation to registration 
	(1)	If the chief health officer proposes to take action under this section in relation to the registration of a food business, the chief health officer must give the proprietor of the business a notice (a disciplinary notice) that—
	(a)	states the proposed action, including any proposed suspension period or condition or a condition as proposed to be amended; and
	(b)	states the grounds for the proposed action; and
	(c)	tells the proprietor that the proprietor may, within 14 days beginning the day after receiving the notice, give a written response to the chief health officer about the matters in the notice.
	(2)	In deciding whether to suspend or cancel the registration, the chief health officer must consider any response given to the chief health officer in accordance with subsection (1) (c).
	(3)	If the chief health officer is satisfied that grounds for taking action under this section have been established, the chief health officer may—
	(a)	if the proposed action was to cancel the registration—cancel the registration, suspend the registration for a period of not longer than 1 year or impose a condition on, or amend a condition of, the registration; or
	(b)	if the proposed action included suspending the registration for a stated period—either suspend the registration for a period of not longer than that period or impose a condition on, or amend a condition of, the registration; or
	(c)	if the proposed action included imposing a condition on, or amending a condition of, the registration—impose a condition on, or amend a condition of, the registration that is no more onerous than the proposed condition or a condition as proposed to be varied.
	(4)	The chief health officer must give the proprietor of the food business written notice of the chief health officer’s decision.
	(5)	The suspension or cancellation of the registration of a food business takes effect on the day when notice of the suspension or cancellation is given to the proprietor of the food business or, if the notice states a later date of effect, that date.
	(6)	The renewal or amendment of the registration of a food business under section 93 (Renewal of registration) or section 97 (Change in details of registration or operation of food business) does not prejudice or otherwise affect any action being taken, or proposed action, in relation to the registration of the food business under this section.
102	Immediate suspension of registration
	(1)	This section applies if the chief health officer—
	(a)	has decided to give, or has given, a disciplinary notice to the proprietor of a registered food business; and
	(b)	believes, on reasonable grounds, that it is in the public interest that the person’s registration be suspended as soon as practicable before a decision is made to take action under section 101 (3) (Procedure for taking action in relation to registration).
	(2)	In forming the belief, the chief health officer must consider—
	(a)	the circumstances leading to the decision to issue the disciplinary notice; and
	(b)	the grounds for proposing to take the action to be stated, or stated, in the disciplinary notice.
	(3)	If this section applies, the chief health officer may give the person a notice (an immediate suspension notice) suspending the person’s registration.
	(4)	If an immediate suspension notice is given to the person, the person’s registration is suspended on the receipt of the notice by the person.
	(5)	The immediate suspension notice expires when the person is told under section 101 (4) (Procedure for taking action in relation to registration) of the decision made on the disciplinary notice.
103	Return of certificate of registration 
	(1)	If registration of a food business is suspended or cancelled, the proprietor of the food business must not fail, without reasonable excuse, to return the certificate of registration of the business to the chief health officer as soon as practicable (but within 7 days) after the suspension or cancellation takes effect.
Maximum penalty:  5 penalty units.
	(2)	If the registration of a food business is suspended and the registration has not ended when the suspension ends, the chief health officer must return the certificate of registration if the proprietor of the food business asks for its return.
104	Surrender of registration
The proprietor of a registered food business may, at any time, surrender the registration by returning the certificate of registration to the chief health officer with a written statement that the registration is surrendered.
105	Registers of food businesses
	(1)	The chief health officer must keep registers (a food business register) of—
	(a)	food businesses that have given notifications under section 90 (Notification of conduct of exempt food businesses); and
	(b)	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).
	(2)	The register mentioned in subsection (1) (a) must include—
	(a)	the name of the proprietor of the food business to which a notification under section 90 relates; and
	(b)	the trading name of the food business; and
	(c)	the type of food business (as decided by the chief health officer) to which the registration relates; and
	(d)	the address of the premises at or from which the food business is conducted.
	(3)	The register mentioned in subsection (1) (b) must include the information mentioned in section 96 (2) (Certificate of registration).
	(4)	A food business register may contain any other information that the chief health officer considers appropriate.
	(5)	A food business register may be kept in the form of, or as part of, 1 or more computer databases or in any other form that the chief health officer considers appropriate.
	(6)	The chief health officer may correct any mistake, error or omission in a food business register subject to the requirements (if any) of the regulations.
106	Publication and inspection of food business registers
	(1)	The chief health officer must make arrangements for people to inspect a food business register and buy a copy of part or all of it.
Note	A fee may be determined under s 150 for an inspection or purchase under this section.
	(2)	The chief health officer may publish all or part of a food business register in any way that the chief health officer considers appropriate.

Part 10	Procedural and evidentiary provisions
    
Note	A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation, the food standards code and any approved code of practice (see Legislation Act, s 104).
126	Liability of employees and agents
	(1)	It is not a defence in a proceeding for an offence against this Act that the defendant was, at the time of the commission of the offence, an employee or agent of someone else.
	(2)	However, it is a defence if the defendant proves that the defendant was under the personal supervision of the proprietor of the food business, or the owner or person in charge of the premises, in relation to which the offence was committed, or of someone else representing the proprietor, owner or person in charge.
127	Acts and omissions of representatives
	(1)	In this section:
person means an individual.
Note	See the Criminal Code, pt 2.5 for provisions about corporate criminal responsibility.
representative, of a person, means an employee or agent of the person.
state of mind, of a person, includes—
	(a)	the person’s knowledge, intention, opinion, belief or purpose; and
	(b)	the person’s reasons for the intention, opinion, belief or purpose.
	(2)	This section applies to a prosecution for any offence against this Act.
	(3)	If it is relevant to prove a person’s state of mind about an act or omission, it is enough to show—
	(a)	the act was done or omission made by a representative of the person within the scope of the representative’s actual or apparent authority; and
	(b)	the representative had the state of mind.
	(4)	An act done or omitted to be done on behalf of a person by a representative of the person within the scope of the representative’s actual or apparent authority is also taken to have been done or omitted to be done by the person.
	(5)	However, subsection (4) does not apply if the person establishes that reasonable precautions were taken and appropriate diligence was exercised to avoid the act or omission.
	(6)	A person who is convicted of an offence cannot be punished by imprisonment for the offence if the person would not have been convicted of the offence without subsection (3) or (4).
128	Offences by corporations
	(1)	If a corporation contravenes, whether by an act or omission, a provision of this Act, each person who is an executive officer of the corporation is taken to have contravened the provision if the person knowingly authorised or allowed the contravention.
	(2)	For subsection (1), an executive officer of the corporation may be prosecuted for, and convicted of, the offence whether or not the corporation has been prosecuted for, or convicted of, the offence.
	(3)	This section does not affect any liability imposed on a corporation for an offence committed by the corporation against this Act.
129	Right of defendant to have third person before court
	(1)	A defendant charged with an offence against this Act who alleges that the contravention constituting the offence was caused by the act or omission of someone else (the other person) may, in accordance with subsection (2), have the other person brought before the court hearing the charge.
	(2)	The defendant must—
	(a)	give the informant (the original informant) and the court written notice at least 7 days before the return date of the summons (the original summons) issued to the defendant of the defendant’s intention to have the other person brought before the court; and
	(b)	include in the notice particulars of the defendant’s claim that the contravention was caused by the act or omission of the other person and that the defendant took all reasonable precautions and exercised all appropriate diligence to prevent the commission of the offence by the other person; and
	(c)	lay an information against the other person for an offence against this Act.
	(3)	The court must—
	(a)	issue a summons directed to the other person requiring the other person to appear before the court on the date and at the time and place stated in the summons (the other summons); and
	(b)	order that a copy of the information laid against the defendant be served on the other person.
	(4)	If the date stated in the later summons is not the return date for the original summons, the court must—
	(a)	adjourn the hearing of the charge against the defendant to the return date of the later summons; or 
	(b)	adjourn the hearing of the charges against both the defendant and the other person to a later date and notify the parties accordingly.
	(5)	On the hearing of the charges, the original informant and the other person—
	(a)	if the defendant gives evidence—may cross-examine the defendant; and
	(b)	may cross-examine any witness called by the defendant; and
	(c)	may call evidence in rebuttal.
	(6)	The court—
	(a)	may convict only the other person if the contravention of the Act is proved and the defendant satisfies the court that the contravention was caused by the act or omission of the other person; and
	(b)	must dismiss the charge against the defendant if, in addition to satisfying the court that the contravention was caused by the act or omission of the other person, the defendant satisfies the court that the defendant took all reasonable precautions and exercised all appropriate diligence to prevent the commission of the offence by the other person.
	(7)	This section does not prevent the court from—
	(a)	convicting either the defendant or the other person or both; or
	(b)	ordering that the proceeding against the other person be heard separately if the court considers that it is necessary in the interests of justice to do so.
	(8)	If the other person is not found guilty of an offence against this Act, the court must order the defendant to pay the costs of the other person or, if the court considers that it would be unjust to make such an order, the court may order the defendant to pay the part of the costs of the other person that the court considers appropriate.
130	Alternative defendants
	(1)	This section applies if the chief health officer is of the opinion that an offence against this Act has been committed in relation to which a person (the defendant) may be charged and the chief health officer is satisfied, on reasonable grounds, that—
	(a)	the offence was caused by the act or omission of someone else (the alternative defendant); and
	(b)	the defendant could successfully defend a proceeding using section 129 (Right of defendant to have third person before court).
	(2)	The chief health officer may arrange for a proceeding to be begun against the alternative defendant for the offence without a proceeding first being begun against the defendant.
	(3)	In a proceeding in accordance with this section, the alternative defendant may be charged with the offence with which the defendant might have been charged and, on proof that the offence was caused by the act or omission of the alternative defendant, the alternative defendant may be convicted of the offence.
	(4)	If the alternative defendant is acquitted, the defendant may be prosecuted for, and convicted of, the offence.
131	Renewal or amendment of registration not to affect prosecution
The renewal or amendment of the registration of a food business under section 93 (Renewal of registration) or section 97 (Change in details of registration or operation of food business) does not prejudice or otherwise affect any action being taken, or proposed action, in relation to the registration of the food business under section 101 (Procedure for taking action in relation to registration).
132	Presumptions
In a proceeding for an offence against this Act, it is presumed until the contrary is proved, on the balance of probabilities, that—
	(a)	a substance or thing capable of being used as food that was transported, prepared for sale, intended for sale or sold was transported, prepared for sale, intended for sale or sold for human consumption; and
	(b)	a substance or thing capable of being used as food that was stored on food premises was intended for sale or sold for human consumption; and
	(c)	a substance or thing capable of being used as food is not for human consumption if it is prominently marked as not being for human consumption, or with words to that effect; and
	(d)	food that is part of a batch, lot or consignment of food of the same kind or description is representative of all of the food in the batch, lot or consignment; and
	(e)	each part of a sample of food divided for the purpose of analysis for this Act is of uniform composition with every other part of the sample; and
	(f)	a person who sold food in the conduct of a food business and was not the proprietor of the food business sold the food as the employee of the proprietor; and
	(g)	a person who appears from any statement on a package containing food for sale to have prepared, manufactured, packed or imported the food is the preparer, manufacturer, packager or importer of the food, as appropriate; and
	(h)	food that has been sold to a consumer has been sold at some time by anyone who respectively prepared, manufactured, packed or imported the food.
 U 	133	Certificate evidence etc
	(1)	This section applies in relation to a proceeding for an offence against this Act.
	(2)	A document that appears to be a copy of a registration, approval, order, notice or authority under this Act is evidence of the registration, approval, order, notice or authority.
	(3)	A certificate that appears to be signed by or on behalf of the chief health officer, and that states any of the following matters, is evidence:
	(a)	that there was, or was not, in force a registration, approval, order, notice or authority in relation to a stated person or people;
	(b)	that a registration, approval, order, notice or authority was or was not subject to stated conditions;
	(c)	of the receipt or otherwise of a notice, application or payment;
	(d)	that an amount of fees or another amount is payable under this Act by a stated person.
	(4)	A certificate that appears to be signed by or on behalf of the chief health officer, and states any matter prescribed by regulation for this section, is evidence of the matter.
	(5)	A certificate mentioned in subsection (3) or (4) may state a matter by reference to a date or period.
	(6)	A court must accept a certificate or other document mentioned in this section as proof of the matters stated in it if there is no evidence to the contrary.
	(7)	In this section:
authority includes an appointment as an authorised analyst or authorised officer or a clearance certificate.
notice includes an improvement notice.
order means an emergency order (including a recall order) or a prohibition order.
registration means registration as a food business.
 U 	134	Evidence of analysts
	(1)	A certificate of the results of an analysis is admissible in a proceeding for an offence against this Act, and is evidence of the facts stated in it, if a copy of the certificate is served by the party who obtained the analysis on the other party to the proceeding at least 14 days before the hearing.
	(2)	However, a court may order, at the request of a party to the proceedings or on its own initiative, that the period mentioned in subsection (1) be reduced to the period stated in the court’s order.
	(3)	An analyst who carried out an analysis in relation to which a certificate is produced as evidence in a proceeding for an offence against this Act need not be called as a witness in the proceedings by the party producing the certificate unless the court hearing the proceedings orders, at the request of a party to the proceedings or on its own initiative, that the analyst be called as a witness.
135	Admissibility of analysis of food sample taken by authorised officer
The analysis of a sample of food taken by an authorised officer from a food business is admissible in evidence in a proceeding for an offence against this Act only if—
	(a)	the sample was taken as required by section 73 (Other samples—proprietor to be told sample to be analysed), section 74 (Payment for samples) and section 75 (Samples from packaged food); and
	(b)	the sample has been dealt with as required by section 76 (Procedures for dividing food samples).
136	No defence to claim deterioration of sample
It is not a defence in a proceeding for an offence against this Act for a defendant to claim that any part of a sample kept for future comparison with a sample that has been analysed has, from natural causes, deteriorated, perished or undergone any material change in its constitution.
137	Power of court to order further analysis
	(1)	This section applies if the court before which a person is being prosecuted for an offence against this Act is satisfied that there is a disagreement between the evidence of the analysts for the parties to the proceeding.
	(2)	The court may order that the part or parts of a sample kept under section 76 (Procedures for dividing food samples) be sent by the chief health officer to an independent analyst.
	(3)	For subsection (2), the order may require the sample to be sent to a particular analyst or to an analyst agreed to by the parties.
	(4)	An analyst who is sent a part or parts of a sample for analysis under this section is to make an analysis for the information of the court.
	(5)	Subject to section 139 (Court may order costs and expenses), the cost of an analysis under this section is payable by the Territory.
138	Disclosure by witnesses
	(1)	In a proceeding for an offence against this Act, a witness for the prosecution is not compelled to disclose the fact that the witness received information, the nature of the information received or the name of the person from whom the information was received.
	(2)	An authorised officer appearing as a witness in a proceeding is not compelled to produce any document containing any confidential matter made or received in the authorised officer’s capacity as an authorised officer.
	(3)	Despite subsections (1) and (2), a court hearing a proceeding for an offence against this Act may order the disclosure of a matter or the production of a document mentioned in subsection (1) or (2) if the court considers that it is necessary in the interests of justice.
139	Court may order costs and expenses
Without affecting any other power of a court to award costs, a court that hears a proceeding for an offence against this Act may make any order it considers appropriate in relation to costs and expenses in relation to the examination, seizure, detention, storage, analysis (including further analysis), destruction or other disposition of anything the subject of the proceeding.
140	Court may order forfeiture
A court that convicts a person, or finds a person guilty, of an offence against this Act may order the forfeiture to the Territory of anything that was used in the commission of the offence.
141	Court may order corrective advertising
A court that convicts a person, or finds a person guilty, of an offence against part 3 (Offences relating to food) may make an order requiring the person to disclose to a class of people, or all people, in a stated way, stated information, or information of a stated kind, that the person possesses or to which the person has access.
Example of kind of order that court may make
an advertisement in a stated form at the person’s expense
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

 U 	Part 11	Miscellaneous
    
 U 	141A	Meaning of reviewable decision—pt 11
 U 	141B	Reviewable decision notices
 U 	141C	Applications for review
 U 	Part 12	Miscellaneous
142	Joint liability for amounts payable to the Territory
If an amount payable to the Territory under this Act is owed by 2 or more people, their liability for the debt is joint and several.
144	Protection from liability 
	(1)	In this section:
official means—
	(a)	the Minister; or
	(b)	the chief health officer; or
	(c)	an authorised officer; or
	(d)	anyone else exercising functions under this Act.
	(2)	An official does not incur civil or criminal liability for an act or omission done honestly and without negligence for this Act.
	(3)	A civil liability that would, apart from this section, attach to an official attaches instead to the Territory.
145	Secrecy
	(1)	In this section:
court includes any tribunal or other entity having power to require the production of documents or the answering of questions.
person to whom this section applies means—
	(a)	a person who is or has been an authorised officer; or
	(b)	anyone else who has exercised a function under this Act.
produce includes permit access to.
protected information means information obtained under this Act in relation to manufacturing secrets or commercial secrets or working processes.
	(2)	A person to whom this section applies must not—
	(a)	make a record of protected information; or
	(b)	directly or indirectly, divulge or communicate to a person protected information about someone else;
unless the record is made, or the information divulged or communicated, in relation to the exercise of a function, as a person to whom this section applies, under this Act, another territory law or another law applying in the ACT.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
	(3)	Subsection (2) does not prevent a person to whom this section applies from divulging or communicating protected information—
	(a)	with the consent of the person from whom the information was obtained; or
	(b)	to a person administering or enforcing a law of another jurisdiction that corresponds to this Act or another law prescribed by regulation for this paragraph; or
	(c)	to the food authority; or
	(d)	to a law enforcement authority.
	(4)	A person to whom this section applies need not divulge or communicate protected information to a court, or produce a document containing protected information to a court, unless it is necessary to do so for this Act, another territory law or another law applying in the ACT.
146	Publication of details of food businesses related to offences
	(1)	In this section:
representative of the person means—
	(a)	if the person is an individual—an employee or agent of the person; or
	(b)	if the person is a corporation—an employee, agent or executive officer of the person.
	(2)	This section applies to a person if the person, or a representative of the person, is convicted, or found guilty, of an offence against this Act in relation to the handling of food intended for sale or the sale of food.
	(3)	The chief health officer may publish a notice under this section in a newspaper circulating in the ACT.
	(4)	The notice may contain—
	(a)	the person’s name; and
	(b)	the business name under which the person conducts the food business in relation to which the offence was committed; and
	(c)	the address of the food business concerned; and
	(d)	a description of the offence, the decision of the court and the penalty imposed on the person or a representative of the person (including the forfeiture of anything under this Act); and
	(e)	any other information in relation to the safety of the food concerned that the chief health officer considers is appropriate.
	(5)	The notice must be published within 21 days after—
	(a)	the time for making an appeal against the conviction, or finding of guilt, ends without an application for an appeal being made; or
	(b)	if an appeal is made against the conviction or finding of guilt—the defendant’s conviction, or the finding of guilt, is confirmed on appeal, and the time for making any further appeal in relation to the conviction or finding of guilt ends without an application for an appeal being made; or
	(c)	if on appeal a court directs that the defendant be retried and the defendant is convicted, or found guilty, of an offence against this Act—paragraph (a) or (b) applies to that conviction or finding of guilt.
	(6)	No liability is incurred by a person for publishing honestly—
	(a)	a notice under this section; or
	(b)	a fair report or summary of such a notice.
 U 	147	Decisions reviewable by administrative appeals tribunal
A person may apply to the administrative appeals tribunal for review of a decision mentioned in schedule 1.
 U 	148	Notification of reviewable decisions
	(1)	A person who makes a decision mentioned in schedule 1 must give written notice of the decision to the person mentioned in that schedule, column 4.
	(2)	The notice must be in accordance with the requirements of the code of practice in force under the Administrative Appeals Tribunal Act 1989, section 25B (1).
149	Codes of practice
	(1)	The Minister may, in writing, approve codes of practice setting out minimum standards or guidelines for this Act.
	(2)	An approved code of practice may apply, adopt or incorporate a law or instrument, or a provision of a law or instrument, as in force from time to time.
Note 1	The text of an applied, adopted or incorporated law or instrument, whether applied as in force from time to time or as at a particular time, is taken to be a notifiable instrument if the operation of the Legislation Act, s 47 (5) or (6) is not disapplied (see s 47 (7)).
Note 2	A notifiable instrument must be notified under the Legislation Act.
	(3)	An approval of a code of practice is a disallowable instrument.
Note	A disallowable instrument must be notified and presented to the Legislative Assembly, under the Legislation Act.
	(4)	A person must not, without reasonable excuse, fail to comply with a code of practice in relation to the handling of food intended for sale, the sale of food or equipment.
Maximum penalty:  50 penalty units.
	(5)	In this section:
law includes a law of another jurisdiction.
150	Determination of fees
	(1)	The Minister may, in writing, determine fees for this Act.
Note	The Legislation Act contains provisions about the making of determinations and regulations relating to fees (see pt 6.3).
	(2)	A determination is a disallowable instrument.
Note	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
151	Approved forms
	(1)	The Minister may, in writing, approve forms for this Act.
	(2)	If the Minister approves a form for a particular purpose, the approved form must be used for that purpose.
Note	For other provisions about forms, see Legislation Act, s 255.
	(3)	An approved form is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
152	Regulation-making power
	(1)	The Executive may make regulations for this Act.
Note	A regulation must be notified, and presented to the Legislative Assembly, under the Legislation Act.
	(2)	A regulation may make provision in relation to—
	(a)	the preparation, carrying out, maintenance and monitoring of food safety programs for food businesses to ensure that the provisions of this Act (including the food standards code) are complied with; and
	(b)	the notification by food businesses of information relating to the conduct of those food businesses.
	(3)	A regulation may—
	(a)	apply, adopt or incorporate the food standards code (but only in whole) without change and as in force from time to time; and
	(b)	apply, adopt or incorporate a law or instrument, or a provision of a law or instrument, as in force from time to time.
Note 1	The text of an applied, adopted or incorporated law or instrument, whether applied as in force from time to time or as at a particular time, is taken to be a notifiable instrument if the operation of the Legislation Act, s 47 (5) or (6) is not disapplied (see s 47 (7)).
Note 2	A notifiable instrument must be notified under the Legislation Act.
	(4)	A regulation may prescribe offences for contraventions of a regulation and prescribe maximum penalties of not more than 20 penalty units for offences against a regulation.
	(5)	In this section:
law includes a law of another jurisdiction.
153	Temporary emergency regulations
	(1)	Despite section 152 (3) (a), a regulation may be made under this section that contain provisions that are in addition to, or in substitution for, 1 or more of the provisions of the food standards code as the provisions of the code apply in the ACT.
	(2)	A regulation mentioned in subsection (1) may be made only if the Minister has certified that the regulation is necessary as it relates to an issue of public health and safety.
	(3)	A provision of a regulation mentioned in subsection (1) does not continue in force—
	(a)	except as provided by paragraph (b)—for longer than 1 year; or
	(b)	if the provision is the same in substance as a provision of a regulation that was previously in force under this Act—for a period that, when added to the period for which that previous provision was in force, is longer than 1 year.

 U 	Schedule 1	Decisions reviewable by administrative appeals tribunal
(see s 147 and s 148)
    
column 1
item	column 2
provision	column 3
decision	column 4
person to be notified of decision	
1	44 (5)	Minister—refuse to pay compensation, or amount of compensation paid, for emergency order	applicant for compensation	
2	86	authorised officer—refuse to issue clearance certificate	proprietor of food business	
3	88 (5)	Minister—refuse to pay compensation, or amount of compensation paid, for prohibition order	applicant for compensation	
4	92 (3)	chief health officer—register/refuse to register food business	applicant for registration 	
5	93 (2)	chief health officer—renew/refuse to renew registration of food business	proprietor of food business	
6	94 (1)	chief health officer—register/renew registration of food business subject to condition	applicant for registration or renewal of registration	
7	94 (2)	chief health officer—amend registration of food business to impose condition or amend/revoke existing condition	proprietor of registered food business	
8	97 (3)	chief health officer—refuse to amend registration of food business	applicant for amendment of registration	
9	101 (3)	chief health officer—suspend/cancel registration of food business/length of suspension of registration of food business/ impose condition or amend existing condition	proprietor of registered food business	
10	102	chief health officer—suspend registration of food business	proprietor of registered food business	

 U 	Dictionary
(see s 4)
Note 1	The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2	For example, the Legislation Act, dict, pt 1, defines the following terms:
·	chief health officer
·	exercise
·	function.
advertisement means—
	(a)	any words, whether written or spoken; or
	(b)	any pictorial representation or design; or
	(c)	any other representation by any means at all;
used or apparently used to promote, directly or indirectly, the sale of food.
analysis includes any examination or testing of food or anything else.
animal includes an amphibian, bird, crustacean, fish, mollusc or reptile.
approved code of practice means a code of practice approved under section 149 (1).
authorised analyst means an analyst mentioned in the Public Health Act 1997, section 15A (2) (Functions of analysts) who is authorised to exercise a function under this Act.
authorised officer means a public health officer who is authorised under the Public Health Act 1997, section 12A (2) (Functions of public health officers) to exercise a function under this Act.
certificate of registration, for a food business, means a certificate of registration issued under section 96 (1) for the business.
clearance certificate means a clearance certificate issued under section 86 (2).
Commonwealth Act means the Food Standards Australia New Zealand Act 1991 (Cwlth).
connected, with an offence, for part 5 (Inspection and seizure powers)—see section 45.
disciplinary notice—see section 101 (1) (Procedure for taking action in relation to registration).
displayed for sale—see section 9 (2) (Meaning of sell etc).
dispose, of food, for part 4 (Emergency powers)—see section 37.
emergency order—see section 38.
equipment means all or any part of—
	(a)	any utensil, machinery, instrument, device, apparatus or appliance that is used, or that is designed or intended for use, in relation to the handling of food; or
	(b)	any substance, utensil, machinery, instrument, device, apparatus or appliance that is used, or that is designed or intended for use, in cleaning anything mentioned in paragraph (a).
examine includes inspect, weigh, count, test or measure.
executive officer, of a corporation, means a person, by whatever name called and whether or not the person is a director of the corporation, who is concerned with, or takes part in, the corporation’s management.
falsely described, for part 3 (Offences relating to food)—see section 15 (False descriptions of food).
food—see section 8.
food authority—see the Commonwealth Act, section 3 (1), definition of authority.
Note	Authority is defined to mean Food Standards Australia New Zealand. 
food business—see section 10.
food business register—see section 105.
food safety standard—see the Commonwealth Act, section 3 (1), definition of standard.
food standards code means the Australia New Zealand Food Standards Code as defined in the Commonwealth Act, section 3 (1), as that code is applied, adopted or incorporated under the regulations.
food transport vehicle means a vehicle used for the transport of food intended for sale.
handling, of food, includes the making, manufacturing, producing, collecting, extracting, processing, storing, transporting, delivering, preparing, treating, preserving, packing, cooking, thawing, serving or displaying of food.
identity card means an identity card issued under the Public Health Act 1997, section 16.
improvement notice means an improvement notice served under section 79 (Service of improvement notices).
label includes any tag, brand, mark or statement in writing or any representation or design or other descriptive matter on or attached to or used or displayed in relation to or accompanying any food or package.
occupier, for part 5 (Inspection and seizure powers)—see section 45.
offence, for part 5 (Inspection and seizure powers)—see section 45.
package includes any container or wrapper in or by which food intended for sale is completely or partly encased, covered, enclosed, contained or packed and, for food carried or sold or intended to be carried or sold in more than 1 package, includes every such package.
place of seizure, for part 5 (Inspection and seizure powers)—see section 52 (6) (a) (Power to seize things).
premises includes—
	(i)	land (whether or not vacant); or
	(ii)	all or any part of a building, tent, stall or other structure (whether of a permanent or temporary nature); or
	(iii)	a pontoon; or
	(iv)	a food transport vehicle or any other vehicle.
primary food production—see section 11.
prohibition order means a prohibition order served under section 82.
proprietor, of a food business, means—
	(a)	the person conducting the food business; or
	(b)	if that person cannot be identified—the person in charge of the food business.
recall order, for part 4 (Emergency orders)—see section 37.
registered, in relation to a food business, means registered under section 92.
sell—see section 9 (1).
unsafe, in relation to food—see section 12.
unsuitable, in relation to food—see section 13.
vehicle means any means of transport, whether or not self-propelled, and whether used on land or water or in the air.

Endnotes
1	About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws and expiries are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.  
The endnotes also include a table of earlier republications.
2	Abbreviation key

am = amended	ord = ordinance	
amdt = amendment	orig = original	
ch = chapter	par = paragraph/subparagraph	
def = definition	pres = present	
dict = dictionary	prev = previous	
disallowed = disallowed by the Legislative 	(prev...) = previously	
Assembly	pt = part	
div = division	r = rule/subrule	
exp = expires/expired	renum = renumbered	
Gaz = gazette	reloc = relocated	
hdg = heading	R[X] = Republication No	
IA = Interpretation Act 1967	RI = reissue	
ins = inserted/added	s = section/subsection	
LA = Legislation Act 2001	sch = schedule	
LR = legislation register	sdiv = subdivision	
LRA = Legislation (Republication) Act 1996	sub = substituted	
mod = modified/modification	SL = Subordinate Law	
o = order	underlining = whole or part not commenced	
om = omitted/repealed	or to be expired	

3	Legislation history
Food Act 2001 No 66
notified 10 September 2001 (Gaz 2001 No S66)
s 1, s 2 commenced 10 September 2001 (IA s 10B)
remainder commenced 10 March 2002 (s 2 and LA s 79)
as modified by
Food Regulations 2002 SL No 10 (as am by SL2002-14 reg 4, reg 5)
notified LR 7 May 2002
commenced 8 May 2002 (reg 2)
Food Amendment Regulations 2002 SL No 14 reg 4, reg 5
notified LR 11 June 2002
commenced 11 June 2002 (reg 2)
Note 1	mod exp 10 March 2003 (SL 2002 No 10 reg 17)
Note 2	This regulation only amends the Food Regulations 2002 SL No 10.
as amended by
Statute Law Amendment Act 2002 No 30 pt 3.31
notified LR 16 September 2002
s 1, s 2 taken to have commenced 19 May 1997 (LA s 75 (2))
pt 3.31 commenced 17 September 2002 (s 2 (1))
Construction Occupations Legislation Amendment Act 2004 
A2004-13 sch 2 pt 2.13
notified LR 26 March 2004
s 1, s 2 commenced 26 March 2004 (LA s 75 (1))
sch 2 pt 2.13 commenced 1 September 2004 (s 2 and see Construction Occupations (Licensing) Act 2004 A2004-12, s 2 and CN2004-8)
Criminal Code (Theft, Fraud, Bribery and Related Offences) Amendment Act 2004 A2004-15 sch 1 pt 1.17, sch 2 pt 2.38
notified LR 26 March 2004
s 1, s 2 commenced 26 March 2004 (LA s 75 (1))
sch 1 pt 1.17, sch 2 pt 2.38 commenced 9 April 2004 (s 2 (1))
Statute Law Amendment Act 2004 A2004-42 sch 3 pt 3.9
notified LR 11 August 2004
s 1, s 2 commenced 11 August 2004 (LA s 75 (1))
sch 3 pt 3.9 commenced 25 August 2004 (s 2 (1))
Statute Law Amendment Act 2005 A2005-20 sch 3 pt 3.23
notified LR 12 May 2005
s 1, s 2 taken to have commenced 8 March 2005 (LA s 75 (2))
sch 3 pt 3.23 commenced 12 November 2005 (s 2 (2) and LA s 79)
Sentencing Legislation Amendment Act 2006 A2006-23 sch 1 pt 1.20
notified LR 18 May 2006
s 1, s 2 commenced 18 May 2006 (LA s 75 (1))
sch 1 pt 1.20 commenced 2 June 2006 (s 2 (1) and see Crimes (Sentence Administration) Act 2005 A2005-59 s 2, Crimes (Sentencing) Act 2005 A2005-58, s 2 and LA s 79)
Health Legislation Amendment Act 2006 (No 2) A2006-46 sch 2 pt 2.6
notified LR 17 November 2006
s 1, s 2 commenced 17 November 2006 (LA s 75 (1))
sch 2 pt 2.6 commenced 18 November 2006 (s 2 (1))
Statute Law Amendment Act 2007 (No 2) A2007-16 sch 3 pt 3.15
notified LR 20 June 2007
s 1, s 2 taken to have commenced 12 April 2007 (LA s 75 (2))
sch 3 pt 3.15 commenced 11 July 2007 (s 2 (1))
Children and Young People (Consequential Amendments) Act 2008 A2008‑20 sch 2 pt 2.8, sch 3 pt 3.14
notified LR 17 July 2008
s 1, s 2 commenced 17 July 2008 (LA s 75 (1))
s 3 commenced 18 July 2008 (s 2 (1))
sch 2 pt 2.8 commenced 9 September 2008 (s 2 (3) and see Children and Young People Act 2008 A2008-19, s 2 and CN2008-13)
sch 3 pt 3.14 commenced 27 October 2008 (s 2 (4) and see Children and Young People Act 2008 A2008-19, s 2 and CN2008-13)
Medicines, Poisons and Therapeutic Goods Act 2008 A2008-26 sch 2 pt 2.11
notified LR 14 August 2008
s 1, s 2 commenced 14 August 2008 (LA s 75 (1))
sch 2 pt 2.11 awaiting commencement (s 2)
Note	default commencement under LA s 79: 14 February 2009
Statute Law Amendment Act 2008 A2008-28 sch 3 pt 3.27
notified LR 12 August 2008
s 1, s 2 commenced 12 August 2008 (LA s 75 (1))
sch 3 pt 3.27 commenced 26 August 2008 (s 2)
ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 (No 2) A2008-37 sch 1 pt 1.44
notified LR 4 September 2008
s 1, s 2 commenced 4 September 2008 (LA s 75 (1))
sch 1 pt 1.44 commences on the commencement of ACT Civil and Administrative Tribunal Act 2008 A2008-35 s 6 (s 2 (1))
Note	default commencement under A2008-35: 4 September 2010
4	Amendment history
Commencement
s 2	om R1 LA
Meaning of sell etc
s 9	am A2006-23 amdt 1.203; A2008-20 amdt 2.19, amdt 3.28
How orders are made
s 41	am 2002 No 30 amdt 3.375
Warrants
s 49	am A2004-42 amdt 3.45
Warrants—application made other than in person
s 50	am A2004-42 amdt 3.46
General powers of authorised officers
s 51	am 2002 No 30 amdt 3.376
Power to seize things
s 52	am A2004-42 amdt 3.47
Return of things seized
s 57	am A2005-20 amdt 3.156
Selfincrimination
s 64	om 2002 No 30 amdt 3.377
Legal professional privilege
s 65	om 2002 No 30 amdt 3.377
Providing false or misleading information
s 66	om A2004-15 amdt 2.86
Providing false or misleading documents
s 67	om A2004-15 amdt 2.86
Hindering or obstructing authorised officer
s 68	om A2004-15 amdt 2.86
Pretending to be an authorised officer
s 69	om A2004-15 amdt 2.86
Procedures for dividing food samples
s 76	am A2008-28 amdt 3.91
Certificates of analysis by authorised analysts
s 78	am A2008-26 amdt 2.70
Service of improvement notices
s 79	am 2002 No 30 amdt 3.378
Service of prohibition orders
s 82	am 2002 No 30 amdt 3.379
Scope of improvement notices and prohibition orders
s 84	am A2004-42 amdt 3.48
Notification and registration of food businesses
pt 8 hdg notes	exp 10 June 2002 (s 159)
Registration of food businesses
s 92	am A2004-15 amdt 1.19; A2004-13 amdt 2.47
Issue or amendment of registration subject to conditions
s 94 hdg	sub 2002 No 30 amdt 3.380
Change in details of registration or operation of food business
s 97	am A2004-13 amdt 2.48
Food business to be conducted in accordance with conditions of registration
s 99	am A2004-15 amdt 1.20
Procedure for taking action in relation to registration
s 101	am 2002 No 30 amdt 3.381
Infringement notices for certain offences
pt 9 hdg	om A2005-20 amdt 3.157
Preliminary
div 9.1 hdg	om A2005-20 amdt 3.157
Definitions for pt 9
s 107	om A2005-20 amdt 3.157
	def date of service om A2005-20 amdt 3.157
	def infringement notice om A2005-20 amdt 3.157
	def infringement notice offence om A2005-20 amdt 3.157
	def infringement notice penalty om A2005-20 amdt 3.157
	def reminder notice om A2005-20 amdt 3.157
Purpose and effect of pt 9
s 108	om A2005-20 amdt 3.157
Regulations about infringement notice offences
s 109	om A2005-20 amdt 3.157
Infringement and reminder notices
div 9.2 hdg	om A2005-20 amdt 3.157
Service of infringement notices
s 110	om A2005-20 amdt 3.157
Contents of infringement notices
s 111	om A2005-20 amdt 3.157
Additional information in infringement notices
s 112	om A2005-20 amdt 3.157
Time for payment of infringement notice penalty
s 113	om A2005-20 amdt 3.157
Extension of time to pay penalty
s 114	om A2005-20 amdt 3.157
Effect of payment of infringement notice penalty
s 115	om A2005-20 amdt 3.157
Application for withdrawal of infringement notice
s 116	om A2005-20 amdt 3.157
Withdrawal of infringement notice
s 117	om A2005-20 amdt 3.157
Guidelines about withdrawal of infringement notices
s 118	om A2005-20 amdt 3.157
Reminder notices
s 119	om A2005-20 amdt 3.157
Contents of reminder notices
s 120	om A2005-20 amdt 3.157
Additional information in reminder notices
s 121	om A2005-20 amdt 3.157
Disputing liability
div 9.3 hdg	om A2005-20 amdt 3.157
Disputing liability for infringement notice offence
s 122	om A2005-20 amdt 3.157
Extension of time to dispute liability
s 123	om A2005-20 amdt 3.157
Procedure if liability disputed
s 124	om A2005-20 amdt 3.157
Miscellaneous
div 9.4 hdg	om A2005-20 amdt 3.157
Evidentiary certificates
s 125	om A2005-20 amdt 3.157
Acts and omissions of representatives
s 127	sub A2004-15 amdt 1.21
Renewal or amendment of registration not to affect prosecution
s 131	am A2004-42 amdt 3.49
Certificate evidence etc
s 133	am A2008-26 amdt 2.71
Evidence of analysts
s 134	om A2008-26 amdt 2.72
Notification and review of decisions
pt 11 hdg	sub A2008-37 amdt 1.185
Meaning of reviewable decision—pt 11
s 141A	ins A2008-37 amdt 1.185
Reviewable decision notices
s 141B	ins A2008-37 amdt 1.185
Applications for review
s 141C	ins A2008-37 amdt 1.185
Miscellaneous
pt 12 hdg	ins A2008-37 amdt 1.185
Bribery
s 143	om A2004-15 amdt 2.86
Secrecy
s 145	am A2004-42 amdt 3.50; A2006-46 amdt 2.20, amdt 2.21
Publication of details of food businesses related to offences
s 146	am A2004-42 amdt 3.51
Decisions reviewable by administrative appeals tribunal
s 147	om A2008-37 amdt 1.186
Notification of reviewable decisions
s 148	om A2008-37 amdt 1.186
Codes of practice
s 149	am 2002 No 30 amdt 3.382
Approved forms
s 151	am 2002 No 30 amdt 3.383
Regulation-making power
s 152	am 2002 No 30 amdt 3.382
Transitional provisions
pt 12 hdg	exp 10 March 2003 (s 174)
General
div 12.1 hdg	exp 10 March 2003 (s 174)
Transitional—s 92 (5) and s 97 (6)
s 154	exp 10 March 2003 (s 174)
	ins A2004-13 amdt 2.49
	exp 1 July 2005 (s 154 (2))
Transitional regulations
s 155	exp 10 March 2003 (s 174)
Modification of pt 12’s operation
s 156	exp 10 March 2003 (s 174)
Existing food businesses
div 12.2 hdg	exp 10 June 2002 (s 159)
Food businesses licensed under former Food Act not registered on 11 June 2002
s 157	exp 10 June 2002 (s 159)
	ins as mod SL 2002 No 14 sch 2
	exp 10 March 2003 (SL 2002 No 10 reg 17)
Food businesses exempt from registration under former Food Act
s 158	exp 10 June 2002 (s 159)
Expiry of div 12.2
s 159	exp 10 June 2002 (s 159)
Other transitional matters
div 12.3 hdg	exp 10 March 2003 (s 174)
Applications for licences
s 160	exp 10 March 2003 (s 174)
Applications for renewal of licences
s 161	exp 10 March 2003 (s 174)
Applications for approval for alteration of food premises
s 162	exp 10 March 2003 (s 174)
Applications for variation of licences
s 163	exp 10 March 2003 (s 174)
Action to suspend or cancel licences
s 164	exp 10 March 2003 (s 174)
Improvement notices
s 165	exp 10 March 2003 (s 174)
Prohibition notices
s 166	exp 10 March 2003 (s 174)
Search warrants
s 167	exp 10 March 2003 (s 174)
Things seized
s 168	exp 10 March 2003 (s 174)
Food samples
s 169	exp 10 March 2003 (s 174)
Analysis of food samples
s 170	exp 10 March 2003 (s 174)
Review of decisions under former Food Act
s 171	exp 10 March 2003 (s 174)
Chief health officer may give effect to decisions of Minister etc
s 172	exp 10 March 2003 (s 174)
Directions under Food Regulations
s 173	exp 10 March 2003 (s 174)
Expiry
div 12.4 hdg	exp 10 March 2003 (s 174)
Expiry of pt 12
s 174	exp 10 March 2003 (s 174)
Repeals and miscellaneous amendments
pt 13 hdg	om LA s 89 (3)
Repeal of laws
s 175	om LA s 89 (3)
Amendment of Acts—sch 2
s 176	om LA s 89 (3)
Reviewable decisions
sch 1 hdg	sub A2008-37 amdt 1.187
sch 1	am A2008-37 amdt 1.188
Miscellaneous provisions
sch 2	om LA s 89 (3)
Dictionary
dict	am 2002 No 30 amdt 3.384; A2008-37 amdt 1.189
	def authorised analyst sub A2008-26 amdt 2.73
	def Commonwealth Act sub A2007-16 amdt 3.63
	def date of service om A2005-20 amdt 3.158
	def food authority am A2007-16 amdt 3.64
	def infringement notice om A2005-20 amdt 3.158
	def infringement notice offence om A2005-20 amdt 3.158
	def infringement notice penalty om A2005-20 amdt 3.158
	def reminder notice om A2005-20 amdt 3.158
	def reviewable decision ins A2008-37 amdt 1.190
	def unsafe sub A2005-20 amdt 3.159
	def unsuitable sub A2005-20 amdt 3.159
5	Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.  
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical. 

Republication No	Amendments to	Republication date	
1	not amended	10 March 2002	
2	not amended	11 June 2002	
3	A2002-30	23 September 2002	
4	A2002-30	11 March 2003	
5	A2004-15	9 April 2004	
6	A2004-42	25 August 2004	
7	A2004-42	1 September 2004	
8	A2005-20	2 July 2005	
9*	A2005-20	12 November 2005	
10	A2006-23	2 June 2006	
11	A2006-46	18 November 2006	
12	A2007-16	11 July 2007	
13	A2008-28	26 August 2008	
14	A2008-37	9 September 2008	

6	Uncommenced amendments
The following amendments have not been included in this republication because they were uncommenced at the republication date:
	Medicines, Poisons and Therapeutic Goods Act 2008 A2008-26 sch 2 pt 2.11
Part 2.11	Food Act 2001
[2.70]	Section 78 (2), note 2
substitute
Note 2	For evidentiary certificates by authorised analysts, see the Public Health Act 1997, s 135A.
[2.71]	Section 133 (3), new note
insert
Note	For evidentiary certificates by authorised analysts, see the Public Health Act 1997, s 135A.
[2.72]	Section 134
omit
[2.73]	Dictionary, definition of authorised analyst
substitute
authorised analyst means an analyst under the Public Health Act 1997, section 15 who is authorised under that Act to exercise a function under this Act.
Note	Analyst includes the government analyst (see Public Health Act 1997, dict).
	ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 (No 2) A2008-37 sch 1 pt 1.44
Part 1.44	Food Act 2001
[1.185]	Part 11 heading
substitute
Part 11	Notification and review of decisions
141A	Meaning of reviewable decision—pt 11
In this part:
reviewable decision means a decision mentioned in schedule 1, column 3 under a provision of this Act mentioned in column 2 in relation to the decision.
141B	Reviewable decision notices
If a person makes a reviewable decision, the person must give a reviewable decision notice to each entity mentioned in schedule 1, column 4 in relation to the decision.
Note 1	The person must also take reasonable steps to give a reviewable decision notice to any other person whose interests are affected by the decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A).
Note 2	The requirements for reviewable decision notices are prescribed under the ACT Civil and Administrative Tribunal Act 2008.
141C	Applications for review
The following may apply to the ACAT for review of a reviewable decision:
	(a)	an entity mentioned in schedule 1, column 4 in relation to the decision;
	(b)	any other person whose interests are affected by the decision.
Note	If a form is approved under the ACT Civil and Administrative Tribunal Act 2008 for the application, the form must be used.
Part 12	Miscellaneous
[1.186]	Sections 147 and 148
omit
[1.187]	Schedule 1 heading
substitute
Schedule 1	Reviewable decisions
(see pt 11)
[1.188]	Schedule 1, column 4, heading
omit
person to be notified of decision
substitute
entity
[1.189]	Dictionary, note 2, new dot points
insert
·	ACAT
·	reviewable decision notice
[1.190]	Dictionary, new definition of reviewable decision
insert
reviewable decision, for part 11 (Notification and review of decisions)—see section 141A.

©  Australian Capital Territory 2008