Primary Produce Safety Act 2011

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

Without limiting the generality of subsection (1), the regulations may – establish a food safety scheme; 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); and prescribe fees for the making of applications under this Act; and make provision for the remission of, or exemption from liability for, any fees or charges payable under this Act; and impose requirements for the notification by primary produce businesses of information relating to the conduct of those primary produce businesses; and make provision for any matter that may be provided for in a food safety scheme.

Regulations may be made so as to apply differently according to any matter, condition, limitation, restriction, exception or circumstances 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 250 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; and create evidentiary presumptions in relation to specific primary produce.

The regulations may – authorise any matter to be determined, applied or regulated by a person or body specified in the regulations; and confer a power or impose a duty on a specified person, body 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The regulations may rescind regulations or other subordinate legislation made under the repealed Acts or any other Act prescribed by the regulations.