Food Act 2003

The Governor may make regulations for the purpose of this Act.

Without limiting the generality of subsection (1), the 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; and specify the requirements for food safety programs; and prescribe 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 or the registration of any food business; and prescribe fees for the making of applications under this Act; and impose requirements for the notification by food businesses of information relating to the conduct of those food businesses.

Regulations may be made so as to apply differently according to any matter, condition, limitation, restriction, exception or circumstance specified in the regulations.

The regulations may – provide that a contravention of, or a failure to comply with, any of the regulations is an offence; and in respect of such an offence, provide for the imposition of a fine not exceeding 200 penalty units and, in the case of a continuing offence, a further fine not exceeding 20 penalty units for each day during which the offence continues.

The regulations may – authorise any matter to be determined, applied or regulated by a specified person or body; and confer a power or impose a duty on a specified person or class of persons.

The regulations may adopt or incorporate the whole or part of any standard, rule, code, specification or guidelines, as amended from time to time, with or without modification, issued, prescribed, made or published by any person or body before or after the regulations take effect.

The regulations may rescind regulations or other subordinate legislation made under the repealed Act.