Food Act 2001

The Governor may make such regulations as are contemplated by this

Act or as are necessary or expedient for the purposes of this

Act.

Without limiting the generality of subsection (1), those regulations may—

require the preparation, implementation, maintenance and monitoring of food safety programs for food businesses to ensure that the provisions of this Act and the Food Standards Code are complied with;

regulate, restrict or prohibit the use or sale of specified substances or things (or substances or things of a specified class) as food, or as an ingredient or additive in food;

require persons selling specified kinds of food to provide specified information in relation to the food to purchasers;

impose requirements with regard to the packaging and labelling of food generally, or specified kinds of food;

provide for the regular analysis, examination or testing of food by specific classes of persons;

provide for the keeping of records by specified classes of persons and for the inspection of those records;

regulate the form and content of advertisements relating to food;

regulate or restrict the use of automatic food vending machines;

fix, or provide for the imposition of, fees or charges for the purposes of this Act, including (but not limited to) fees or charges for the provision of information, or for the carrying out of any inspection or analysis (whether or not the inspection or analysis was requested or agreed to), or in connection with the notification of the use of any food business;

fix, regulate or restrict the imposition of fees or charges for or in connection with audits or other activities carried out by food safety auditors for the purposes of this Act;

provide for the payment to an enforcement agency of part of any fee or charge of a prescribed kind paid or recovered in connection with audits or other activities carried out by food safety auditors for the purposes of this

Act (being a payment of an amount prescribed by the regulations, or an amount expressed as a prescribed percentage of the relevant fee or charge, which is to be paid to the enforcement agency at the time that a report of a prescribed kind is provided to the enforcement agency, or at some other time prescribed by the regulations);

fix, or provide for the imposition of, fees for the making of applications or the giving of notifications under this Act, or in connection with any other matter;

impose requirements for the notification by food businesses of information relating to the conduct of those food businesses;

make provision with respect to administrative procedures for the purposes of this Act;

require the provision of information, returns or reports to the

Minister or any other prescribed authority;

provide that a specified provision of this Act does not apply, or applies with prescribed variations, in any circumstance or situation (or circumstance or situation of a prescribed class) specified by the regulations, subject to any condition to which the regulations are expressed to be subject;

determine that specified offences under this Act or the regulations are expiable and fix expiation fees, not exceeding $500, with respect to those offences;

prescribe fines, not exceeding $2 500 in cases involving natural persons and $5 000 in cases involving bodies corporate, for contravention of a regulation.

The regulations may apply, wholly or partially and with or without modification, a code, standard, rule or other document prepared or published by a body referred to in the regulation (as in force from time to time or as in force at a particular time), as regulations applying under this Act (and, in so applying such code, standard, rule or other document, may provide for their citation for the purposes of the law of this State).

The regulations may adopt or incorporate, wholly or partially and with or without modification, a code, standard, rule or other document prepared or published by a body referred to in the regulation (as in force from time to time or as in force at a particular time).

Any regulations applying, adopting or incorporating a code, standard, rule or other document may contain such incidental, supplementary or transitional provisions as appear to the Governor to be necessary.

The regulations, or a code, standard, rule or other document applied, adopted or incorporated by the regulations, may—

refer to or incorporate, wholly or partially and with or without modification, a code, standard, rule or other document prepared or published by a particular body (as in force from time to time or as in force at a particular time); and

be of general or limited application; and

make different provision according to the persons, things or circumstances to which they are expressed to apply; and

provide that any matter or thing is to be determined, dispensed with, regulated or prohibited according to the discretion of the Minister or any other prescribed authority.

If—

a code, standard, rule or other document is applied, adopted or incorporated by the regulations; or

the regulations, or a standard, rule or other document applied, adopted or incorporated by the regulations, refers to a code, standard, rule or other document prepared or published by a particular body, then—

a copy of the code, standard, rule or other document must be kept available for inspection by members of the public, without charge and during normal office hours, at an office or offices specified by notice in the

Gazette; and

in any legal proceedings, evidence of the contents of the code, standard, rule or other document may be given by production of a document purporting to be certified by or on behalf of the Minister as a true copy of the code, standard, rule or other document.