Food Act 2006

This section applies if an authorised person reasonably believes—

a person carrying on a food business—

is contravening a provision of this Act; or

has contravened a provision of this Act in circumstances that make it likely the contravention will continue or be repeated; and

a matter relating to the contravention can be remedied; and

it is appropriate to give the person an opportunity to remedy the matter; and

if the person is a licensee—a local government has not given a show cause notice to the person under section 79 relating to the contravention.

The authorised person may give the person a notice (an improvement notice) requiring the person to remedy the contravention or have the contravention remedied.

The improvement notice must state the following—

that the authorised person reasonably believes the person—

is contravening a provision of this Act; or

has contravened a provision of this Act in circumstances that make it likely the contravention will continue or be repeated;

the provision the authorised person believes is being, or has been, contravened (the relevant provision);

briefly, how it is believed the relevant provision is being, or has been, contravened;

the period in which the person must remedy the contravention or have the contravention remedied;

that it is an offence to fail to comply with the improvement notice unless the person has a reasonable excuse.

The period stated under subsection (3)(d) must be reasonable having regard to the risk to public health or safety posed by the contravention.

The improvement notice may also state the reasonable steps that the authorised person considers necessary to remedy the contravention, or avoid further contravention, of the relevant provision.Example of reasonable steps—

The authorised person must keep a copy of the improvement notice.

The person must comply with the improvement notice unless the person has a reasonable excuse.Maximum penalty—

if a contravention of the relevant provision is an offence—the maximum penalty for contravening the relevant provision; or

otherwise—200 penalty units.

If it is an offence to contravene the relevant provision for which the improvement notice is given, the person can not be prosecuted for that offence unless the person fails to comply with the improvement notice and does not have a reasonable excuse for the noncompliance.

A person may be prosecuted for the contravention of a relevant provision without an authorised person first giving an improvement notice for the contravention.