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COMMONWEALTHAct
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s 18A

Food safety management certificates

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Part 2Control
Division 2The Food Inspection Scheme

18A Food safety management certificates

(1)

The Secretary may determine, in writing, that, for food of a specified kind, a specified certificate issued by a specified person or specified body is a recognised food safety management certificate.

Note 1:

The regulations deal with when food of such a kind is taken to be failing food because the food is not covered by a recognised food safety management certificate.

Note 2:

See section 35B for how a determination may refer to a kind of food.

Note 3:

For variation and revocation of the determination, see subsection 33(3) of the Acts Interpretation Act 1901.

Note 4:

For specification by class, see subsection 33(3AB) of the Acts Interpretation Act 1901.

(2)

The Secretary must, in writing, make guidelines that the Secretary must have regard to before making a determination under subsection (1).

Note:

For variation and revocation of the guidelines, see subsection 33(3) of the Acts Interpretation Act 1901.

Offence

(3)

A person must not forge, or utter, knowing it to be forged, a certificate of the kind referred to in subsection (1).

Penalty: Imprisonment for 10 years.

Status of instruments

(4)

The following are not legislative instruments:

(a)

a determination under subsection (1);

(b)

guidelines under subsection (2).

Publication of instruments

(5)

The Secretary must publish the following on the Department’s website:

(a)

a determination under subsection (1);

(b)

guidelines under subsection (2).

Definitions

(6)

For the purposes of this section, forge and utter have the meanings given by section 19A.

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