Dictionary
Schedule 3 Dictionary
section 10
accepted representations—
for chapter 3, part 6—see section 80(2); and
for chapter 4, part 5—see section 119(2); and
for chapter 5, part 5—see section 146(2).
accreditation, of a food safety program, means accreditation of the program under this Act.
accredited, in relation to a food safety program, means accredited under this Act.
administering executive means—
for a person appointed as an authorised person by the chief executive—the chief executive; or
for a person appointed as an authorised person by a chief executive officer—the chief executive officer; or
for a person appointed as an authorised person by 2 or more chief executive officers—the chief executive officers jointly.
advertisement means any of the following things used or apparently used to promote, directly or indirectly, the sale of food—
words, whether written or spoken;
a pictorial representation or design;
any other type of representation.
analysis, of food or another thing, includes an examination or testing of the food or thing.
appropriate auditor, for a food business, means an auditor approved under this Act to conduct audits of food safety programs for that type of food business.
approval, in relation to an auditor, means an approval issued under chapter 5.
approved form means—
for chapters 3 and 4—a form approved by a chief executive officer under section 277(2); or
for chapters 5 and 11—a form approved by the chief executive under section 277(1).
approved laboratory means a laboratory approved by the chief executive under section 231.
audit means a compliance audit, check audit or nonconformance audit.
auditor means a person approved as an auditor under chapter 5.
authorised person means a person appointed as an authorised person under section 168.
certificate of analysis, for a thing, means a certificate of analysis completed for the thing under chapter 8, part 2.
check audit, of an accredited food safety program, means an audit of the program, other than a compliance or nonconformance audit, conducted—
by an auditor who is an employee of the department after a compliance or nonconformance audit of the program has been conducted by another auditor; and
to ensure the other auditor is conducting compliance or nonconformance audits appropriately.
chief executive officer means the chief executive officer of a local government.
chief health officer means the chief health officer under the Hospital and Health Boards Act 2011, section 52.
commencement—
for chapter 12, part 2, see section 280; or
for chapter 12, part 3, see section 299.
compensation decision see section 241(3).
compliance audit, of an accredited food safety program, means an audit of the program by an auditor to ensure the carrying on of the food business to which the program relates complies with the program and the food standards code, standards 3.2.2 and 3.2.3.
confidential information means information, other than information that is publicly available—
about a person’s personal affairs or reputation; or
that would be likely to damage the commercial activities of a person to whom the information relates.
contact details, of a person, means the person’s telephone number or facsimile number.
conviction means a finding of guilt, or the acceptance of a plea of guilty, by a court, whether or not a conviction is recorded.
corresponding law means a law applying, or that applied, in the Commonwealth, another State, a Territory or a foreign country that provides, or provided, for the same matter as this Act or a provision of this Act.
decision maker see section 244(1)(a).
document certification requirement see section 199(5).
document production requirement see section 199(6).
equipment means the whole or part of—
any utensil, machinery, instrument, device, apparatus or appliance used, or designed or intended for use, in connection with the handling of food; or
any substance, utensil, machinery, instrument, device, apparatus or appliance used, or designed or intended for use, in cleaning anything mentioned in paragraph (a).
executive officer, of a corporation, means a person who is concerned with, or takes part in, the corporation’s management, whether or not the person is a director or the person’s position is given the name of executive officer.
exercised all due diligence includes took all reasonable precautions.
first local government, in relation to the carrying on of a licensable food business by a licensee from mobile premises, means the local government that issued the licence to carry on the business.
fixed premises, for a food business, means a building or other structure, or part of a building or other structure, that has a permanent address.
food see section 12.
food business see section 13.
food safety hazard, in relation to a food business, means a thing or a situation that has the potential to cause food handled or sold in connection with the food business to be unsafe or unsuitable.
food safety program means a documented program that identifies and controls food safety hazards in the handling of food in a food business.
food safety supervisor, for a food business, means a person who—
knows how to recognise, prevent and alleviate food safety hazards of the food business; and
has skills and knowledge in matters relating to food safety relevant to the food business; and
has the authority to supervise and give directions about matters relating to food safety to persons who handle food in the food business.
food standards code see section 14.
food vending machine means a machine or device operated by money, token, debit card or credit card and used, or intended for use, for the sale of food.
forfeiture decision see section 241(2).
former regulation, for chapter 12, part 2, see section 280.
handling, of food, see section 15.
health service employee see the Hospital and Health Boards Act 2011, schedule 2.
holder—
of an accredited food safety program—means the person to whom the accredited program is given under this Act; or
of a licence—means the person to whom the licence is issued under this Act.
improvement notice see section 209(2).
incorporated association means an incorporated association under the Associations Incorporation Act 1981.
information notice, for a decision of the chief executive, a local government or chief executive officer of a local government, means a notice stating all of the following—
the decision;
the reasons for the decision;
that the person to whom the notice is given may have the decision reviewed within 28 days after the person receives the notice;
how the person may have the decision reviewed;
if the decision is a decision of a local government that a licence be cancelled or suspended—a direction to the person to return the licence to the local government within 7 days after receiving the notice.
intentional contamination, for chapter 11, part 3A, see section 271A.
label includes any tag, brand, mark, statement in writing, representation, design or other descriptive matter on or attached to or used or displayed in connection with or accompanying food or a package of food.
licence means a licence under this Act to carry on a licensable food business, and includes a provisional licence.
licensable food business see section 48.
licensee means the holder of a licence.
management committee, of an incorporated association, means the association’s management committee formed under the Associations Incorporation Act 1981.
manufacture, in relation to food, see section 16.
meal means food that—
is, or is intended to be, eaten by a person sitting at a table, or a fixed structure used as a table, with cutlery; and
is of adequate substance as to be ordinarily accepted as a meal.
menu, for chapter 6A, see section 164B.
mobile premises, for a food business, means—
premises that are a vehicle from which a person sells unpackaged food by retail; or
premises that are a food vending machine.
motor vehicle means a vehicle propelled by a motor that forms a part of the vehicle, and includes a trailer or caravan attached to the vehicle.
nonconformance audit, of an accredited food safety program, means an audit of the program by an auditor to check that any noncompliance with the program or the food standards code, standards 3.2.2 and 3.2.3, identified in an audit has been remedied.
non-profit organisation means an organisation that—
is not carried on for the profit or gain of its individual members; and
is engaged in activities for a charitable, cultural, educational, political, social welfare, sporting or recreational purpose.
notice means a written notice.
off-site catering see section 17.
on-site catering see section 18.
original decision see section 236(1).
package includes a container and wrapper in or by which food intended for sale is wholly or partly encased, covered, enclosed, contained or packed and, if food is carried or sold or intended to be carried or sold in more than 1 package, includes each of the packages.
personal details requirement see section 197(5).
place includes premises and vacant land.
place of seizure see section 188.
potentially contaminated food, for chapter 11, part 3A, see section 271C(1)(a).
potentially hazardous food means food that must be kept at a particular temperature—
to minimise the growth of pathogenic micro-organisms that may be in the food; or
to stop the formation of toxins in the food.
premises includes—
a building or other structure; and
a part of a building or other structure; and
land where a building or other structure is situated; and
a vehicle; and
a food vending machine.
prescribed contaminant, for chapter 11, part 3, see section 269.
proposed action—
for chapter 3, part 6—see section 79(3)(a); and
for chapter 4, part 5—see section 118(2)(a); and
for chapter 5, part 5—see section 145(2)(a).
proprietor, of a food business, means—
the person carrying on the food business; or
if the person mentioned in paragraph (a) can not be identified, the person in charge of the food business.
provisional licence means a provisional licence issued under section 64.
QCAT information notice means a notice complying with the QCAT Act, section 157(2).
ready-to-eat food, for chapter 6A, see section 164B.
reasonably suspects means suspects on grounds that are reasonable in the circumstances.
recall order means an order under chapter 7, part 4, requiring the recall or disposal, or both, of food.
relevant licence, for chapter 12, part 3, see section 299.
relevant offence means—
an indictable offence relating to the sale of unsafe or unsuitable food, other than an indictable offence that is taken to be a simple offence under the Criminal Code, section 659; or
an offence against this Act or the Food Act 1981; or
an offence against a corresponding law.
repealed Act means the Food Act 1981.
responsible person, for chapter 11, part 3A, see section 271A.
review decision see section 239(1).
reviewer see section 237(3).
review notice...
second local government, in relation to the carrying on of a licensable food business by a licensee from mobile premises, means a local government other than the local government that issued the licence to carry on the business.
sell see section 19.
serve, in relation to food, means set the food out or present the food for consumption.
ship means any kind of vessel or boat used to carry anything or any person by water.
show cause notice—
for chapter 3, part 6—see section 79(2); and
for chapter 4, part 5—see section 118(1); and
for chapter 5, part 5—see section 145(1).
show cause period—
for chapter 3, part 6—see section 79(3)(e); and
for chapter 4, part 5—see section 118(2)(d); and
for chapter 5, part 5—see section 145(2)(e).
spent conviction...
standard food item, for chapter 6A, see section 164C.
standard food outlet, for chapter 6A, see section 164D.
State analyst means a person appointed as a State analyst under section 227.
temporary premises, for a food business, means premises other than fixed premises or mobile premises, and includes, for example, a stall or a tent.
unpackaged food means all food, other than food that is sealed in a package at a place other than the food business that sells it by retail in that package.
unsafe see section 20.
unsuitable see section 21.
vehicle means anything, whether operational or not, used to carry anything or any person by land, water or air.
This Act’s bill:Explanatory memorandum
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