Bills and explanatory notes from legislation.qld.gov.au; explanatory and second reading speeches from the Queensland Parliament Record of Proceedings. Links open the official source in a new tab.
This Act commences on a day to be fixed by proclamation.
3Act binds all persons
(1)
This Act binds all persons.
(2)
However, this Act does not bind the State, a government owned corporation or a rail government entity under the Transport Infrastructure Act 1994.
4Exemption from application of Act
(1)
This Act does not apply to—
(a)
the handling or sale of food at a tuckshop operated by a parents and citizens association at a State school; or
(b)
the handling, at a person’s home, of food intended to be given away to a non-profit organisation for sale by the organisation.
Example—
baking a cake at a person’s home to give to a junior football club committee for sale by the committee at a fundraising stall
(2)
In this section—
parents and citizens association see the Education (General Provisions) Act 2006, schedule 4.
State school see the Education (General Provisions) Act 2006, schedule 4.
5General application of Act to ships
(1)
This section states the application of this Act to ships in Queensland waters and ships in waters beyond the outer limit of Queensland waters (other waters).
(2)
This Act applies to—
(a)
a ship in Queensland waters; and
(b)
to the extent this Act applies in other waters, for example, under the Crimes at Sea Act 2001—a ship in other waters if the ship is travelling from a place in Queensland to a place in Queensland.
(3)
This Act does not apply to—
(a)
a ship in other waters if the ship is travelling from a place outside of Queensland to a place outside of Queensland; or
(b)
a ship of the Australian Defence Force or another country.
6How Act affects particular rights and remedies
(1)
No provision of this Act creates a civil cause of action based on a contravention of the provision.
(2)
This Act does not affect or limit a civil right or remedy that exists apart from this Act, whether at common law or otherwise.
(3)
Without limiting subsection (2), compliance with this Act does not necessarily show that a civil obligation that exists apart from this Act has been satisfied or has not been breached.
7Act not affected by Food Production (Safety) Act 2000
The Food Production (Safety) Act 2000 is additional to, and does not limit, this Act.
8Main purposes
The main purposes of this Act are as follows—
(a)
to ensure food for sale is safe and suitable for human consumption;
(b)
to prevent misleading conduct relating to the sale of food;
(c)
to apply the food standards code.
9How main purposes are primarily achieved
The main purposes are to be achieved primarily by—
(a)
providing for the licensing of particular food businesses; and
(b)
requiring particular licensees to have an accredited food safety program; and
(c)
providing for the accreditation and auditing of food safety programs; and
(d)
providing for the display of nutritional information for food; and
(e)
providing for the monitoring and enforcement of compliance with this Act and the food standards code.
10Definitions
The dictionary in schedule 3 defines particular words used in this Act.
11Notes in text
A note in the text of this Act is part of the Act.
12Meaning of food
(1)
Food includes—
(a)
a substance or thing of a kind used, or represented as being for use, for human consumption (whether it is raw, prepared or partly prepared); and
(b)
a 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); and
(c)
a substance used in preparing a substance or thing mentioned in paragraph (a) if it comes into direct contact with the substance or thing mentioned in that paragraph, including, for example, a processing aid; and
(d)
chewing gum or an ingredient or additive in chewing gum, or a substance used in preparing chewing gum; and
(e)
water, other than reticulated water, that is—
(i)
for sale by retail (whether it is packaged for sale or not); and
(ii)
intended for human consumption; and
(f)
water that is carried in bulk in a vehicle and intended for human consumption, regardless of the source of the water; andExample of a source of water—
a reticulated water supply system
(g)
reticulated water on premises where a food business is carried on; and
(h)
a substance or thing declared to be a food under a declaration in force under the Food Standards Australia New Zealand Act 1991 (Cwlth), section 3B;
whether or not the substance, thing, chewing gum or water 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).
