2014
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Minister for Health)
Food Amendment Bill 2014

Contents
	Page
Part 1	Preliminary
	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended	2
Part 2	Food Act 2001
	4	Application of Act to primary food production
Section 6 (1) (b)	3
	5	Application of Act to water suppliers
Section 7 (1) (i)	3
	6	New section 7A	3
	7	Display of closure notices
Section 84A (2) (b)	5
	8	New section 84A (3)	5
	9	Section 84C	5
	10	Part 8 heading	6
	11	Sections 89 to 91	6
	12	Registration of food businesses
Section 92 (6)	7
	13	Renewal of registration
Section 93 (3)	7
	14	Certificate of registration
Section 96 (2) (b)	7
	15	Section 105 heading	8
	16	Section 105 (1)	8
	17	Section 105 (2)	8
	18	Section 105 (3)	8
	19	Section 105 (4) and (5)	8
	20	Section 105 (6)	9
	21	Section 106 heading	9
	22	Section 106	9
	23	Definitions—pt 9A
Section 116, new definition of site	9
	24	Section 117 heading	9
	25	New section 117 (1A)	10
	26	Section 117 (1)	10
	27	New section 120	10
	28	Publication of details of food businesses related to offences
Section 146 (8)	10
	29	Section 146 (8), new note	11
	30	Regulation-making power
Section 152 (2) (b)	11
	31	Dictionary, new definitions	11
Part 3	Food Regulation 2002
	32	New section 4A	12

2014
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Minister for Health)
Food Amendment Bill 2014

A Bill for
An Act to amend the Food Act 2001 and the Food Regulation 2002

    

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

Part 1	Preliminary
1	Name of Act
This Act is the Food Amendment Act 2014.
2	Commencement
This Act commences on a day fixed by the Minister by written notice.
Note 1	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
Note 2	A single day or time may be fixed, or different days or times may be fixed, for the commencement of different provisions (see Legislation Act, s 77 (1)).
Note 3	If a provision has not commenced within 6 months beginning on the notification day, it automatically commences on the first day after that period (see Legislation Act, s 79).
3	Legislation amended
This Act amends the Food Act 2001 and the Food Regulation 2002.

Part 2	Food Act 2001
4	Application of Act to primary food production
Section 6 (1) (b)
substitute
	(b)	part 8 (Registration of food businesses).
5	Application of Act to water suppliers
Section 7 (1) (i)
substitute
	(i)	part 8 (Registration of food businesses).
6	New section 7A
in part 1, insert
7A	Application of Act to certain food businesses
	(1)	This Act does not apply to a food business conducted by a volunteer for a community organisation to raise funds for 1 or more of the following purposes:
	(a)	a religious, educational, charitable or benevolent purpose;
	(b)	promoting or encouraging literature, science or the arts;
	(c)	looking after, or giving attention to, people who need care because of a physical or mental disability or condition;
	(d)	sport, recreation or amusement;
	(e)	conserving resources or protecting the natural environment from harm;
	(f)	preserving historical or cultural heritage;
	(g)	a political purpose;
	(h)	protecting or promoting the common interests of the community generally or a particular section of the community.
	(2)	However, this Act does apply to a food business mentioned in subsection (1) that is—
	(a)	declared by the Minister to be a food business to which this Act applies; or
	(b)	conducted at a regulated event.
Note	A regulated event is declared by the Minister under s 91.
	(3)	In this section:
community organisation—
	(a)	means a not-for-profit entity; but
	(b)	does not include—
	(i)	a club that holds a licence under the Gaming Machine Act 2004; or
	(ii)	an entity declared by the Minister not to be a community organisation.
volunteer means a person who conducts a food business for which the person is—
	(a)	not paid; or
	(b)	paid in the circumstances prescribed by regulation.
	(4)	Each of the following is a disallowable instrument:
	(a)	a declaration under subsection (2) (a); 
	(b)	a declaration under subsection (3), definition of community organisation, paragraph (b) (ii).
Note	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
7	Display of closure notices
Section 84A (2) (b)
substitute
	(b)	may only be removed by an authorised officer.
8	New section 84A (3)
insert
	(3)	An authorised officer may remove a closure notice—
	(a)	if a clearance certificate is issued for the prohibition order to which the notice relates; or
	(b)	to reposition, update or correct the notice.
9	Section 84C
substitute
84C	Proprietor to maintain closure notice
	(1)	The proprietor of a food business commits an offence if—
	(a)	an authorised officer places a closure notice at the premises of the food business; and
	(b)	the proprietor fails to ensure that—
	(i)	the closure notice is not moved from where it was placed; or
	(ii)	no part of the closure notice is obscured or defaced.
Maximum penalty:  100 penalty units.
	(2)	It is a defence to a prosecution for an offence against subsection (1) if the proprietor proves that the proprietor took reasonable steps to ensure that—
	(a)	the closure notice was not moved from where it was placed by the authorised officer; and
	(b)	no part of the closure notice was obscured or defaced.
Note	The defendant has a legal burden in relation to the matters mentioned in s (2) (see Criminal Code, s 59).
10	Part 8 heading
substitute
Part 8	Registration of food businesses
11	Sections 89 to 91
substitute
89	Offence—food business not registered or exempt
		A person commits an offence if—
	(a)	the person conducts a food business; and
	(b)	the food business is—
	(i)	not registered under this part; and
	(ii)	not exempt from registration under section 90.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
90	Food businesses exempt from registration
		A regulation may prescribe that a food business, other than a food business conducted at a regulated event, is exempt from registration.
91	Regulated events
	(1)	The Minister may declare that an event is a regulated event for this Act.
	(2)	A declaration is a disallowable instrument.
Note	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
12	Registration of food businesses
Section 92 (6)
substitute
	(6)	The registration of a food business is for a period of up to 3 years stated in the registration, beginning on the day the chief health officer registers the food business.
13	Renewal of registration
Section 93 (3)
omit
1 year
substitute
a period of up to 3 years stated in the registration,
14	Certificate of registration
Section 96 (2) (b)
after
trading name
insert
(if any)
15	Section 105 heading
substitute
105	Food business register
16	Section 105 (1)
substitute
	(1)	The chief health officer must keep a register of food businesses that have been registered under section 92 (Registration of food businesses) or whose registration has been renewed under section 93 (Renewal of registration) (the food business register).
17	Section 105 (2)
omit
18	Section 105 (3)
omit
register mentioned in subsection (1) (b)
substitute
food business register
19	Section 105 (4) and (5)
omit
A food
substitute
The food
20	Section 105 (6)
omit
a food
substitute
the food
21	Section 106 heading
substitute
106	Publication and inspection of food business register
22	Section 106
omit
a food
substitute
the food
23	Definitions—pt 9A
Section 116, new definition of site
insert
site, for a registered food business, does not include a site used by the business for the handling or sale of food at a regulated event.
24	Section 117 heading
substitute
117	Registered food business to have food safety supervisor
25	New section 117 (1A)
before subsection (1), insert
	(1A)	A registered food business must have a food safety supervisor.
26	Section 117 (1)
after 1st mention of
business
insert
, other than a food business conducted only at a regulated event, 
27	New section 120
in part 9A, insert
120	Exemptions—pt 9A
	(1)	The Minister may exempt, with or without conditions, any people, food businesses, premises, food or activities from the operation of this part. 
	(2)	An exemption has no effect during a period when a condition of the exemption is not complied with.
	(3)	An exemption is a disallowable instrument.
Note	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
28	Publication of details of food businesses related to offences
Section 146 (8)
omit
within 21 days
29	Section 146 (8), new note
insert
Note	A notice must be published as soon as possible after the time mentioned in s (8) (a), (b) or (c) (whichever applies) (see Legislation Act, s 151B).
30	Regulation-making power
Section 152 (2) (b)
omit
31	Dictionary, new definitions
insert
regulated event means an event declared under section 91.
site, for a registered food business, for part 9A (Food safety supervisors)—see section 116.

Part 3	Food Regulation 2002
32	New section 4A
insert
4A	Circumstances of payment to volunteers—Act, s 7A (3), def volunteer, par (b)
The following circumstances are prescribed:
	(a)	a person is paid to manage the work of unpaid volunteers carrying out work for a community organisation;
	(b)	a person is paid an amount in relation to work done for a community organisation and the payment is not assessable income under the Income Tax Assessment Act 1997 (Cwlth), section 6‑15 (What is not assessable income).

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on 23 October 2014.
2	Notification
	Notified under the Legislation Act on	2014.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2014