Construction consistent with certain other laws
6 Construction consistent with certain other laws
This Act must be construed and administered in a way that is consistent with a health law or an environment law unless the contrary intention appears from this Act or that law.
This Act must be taken to be consistent with a health law or an environment law to the extent that it is capable of operating concurrently with that law.
Without limiting subsection (2)—
a function under the Food Act 2001 may be exercised independently of, in conjunction with, or instead of, a function under this Act; and
a function under this Act may be exercised independently of, in conjunction with, or instead of, a function under the Food Act 2001.
Examples of s (3)
1 The issue of an abatement notice under this Act in relation to unfit food premises instead of an improvement notice under the Food Act 2001.
2 For food handled by a person with a highly contagious serious disease, a public health emergency could be declared under this Act and directions given to isolate affected people and require them to undergo a medical examination and the food could be recalled under the Food Act 2001, pt 4 (Emergency powers).
In this section:
environment law means a law of the Territory that has as 1 of its objects or purposes the protection of the environment.
health law means—
a law of the Territory that has as 1 of its objects or purposes the protection of public health; or
the Food Act 2001; or
the Medicines, Poisons and Therapeutic Goods Act 2008.
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