Food Act 2006

Sell includes—

barter, offer or attempt to sell; and

receive for sale; and

have in possession for sale; and

display for sale; and

cause or permit to be sold or offered for sale; and

send, forward or deliver for sale; and

dispose of in any way for valuable consideration; and

dispose of to an agent for sale on consignment; and

provide under a contract of service; and

in relation to food, supply the food as a meal or part of a meal to an employee, under a term of an award governing the employment of the employee or a term of the employee’s contract of service, for consumption by the employee at the employee’s place of work; and

dispose of by way of raffle, lottery or other game of chance; and

offer as a prize or reward; and

give away for the purpose of advertisement or in furtherance of trade or business; and

in relation to food, supply the 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; and

in relation to food, give the food away, from a food business, to a person; and

sell for the purpose of resale.

However, sell does not include, in relation to food—

prepare the food at a private residence, and supply it at the residence, to a person employed at the residence for consumption by the person; orExample—

prepare the food at a private residence and supply it at the residence for a fee.

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.

In this section—

premises in which a residential service under the Residential Services (Accreditation) Act 2002 is conducted;

premises in which residential care within the meaning of the Aged Care Act 1997 (Cwlth) is provided;

farmstay premises;

a bed and breakfast facility.