1Purpose and outline

(1)

The purpose of this Act is to—

(a)

complement the Food Act 1984 by providing a regulatory system under which all sectors in the seafood supply chain are required to manage food safety risks in accordance with the relevant applicable standards;

(b)

make related amendments to the Meat Industry Act 1993;

(c)

amend the Dairy Act 2000, the Food Act 1984 and the Fisheries Act 1995.

S. 1(2) amended by No. 16/2026 s. 254.

(2)

In outline this Act—

• provides for a scheme to regulate the safety of seafood in Victoria;

• defines seafood and seafood business;

• confers the administration of this Act on Safe Food Victoria;

• specifies that the Food Act 1984 is to prevail in the event of any inconsistency;

• provides for the licensing of seafood businesses;

• enables the making of Codes of Practice and the approval of food safety programs;

• provides for the enforcement of the Act, including the powers of authorised officers and matters relating to legal proceedings under the Act;

• enables specified decisions of the Authority to be reviewed by the Victorian Civil and Administrative Tribunal;

• empowers the making of regulations for the purposes of this Act;

• makes related amendments to the Meat Industry Act 1993 and amends the Dairy Act 2000, the Food Act 1984 and the Fisheries Act 1995.

(3)

Subsection (2) is intended only as a guide to readers as to the general scheme of this Act.

2Commencement

(1)

Section 1, this section and sections 74(2), 81 and 85 come into operation on the day after the day on which this Act receives the Royal Assent.

(2)

Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.

(3)

If a provision referred to in subsection (2) does not come into operation before 1 January 2005, it comes into operation on that day.

S. 3 amended by No. 44/2024 s. 28(2) (ILA s. 39B(1)).

3Definitions

(1)

In this Act—

authorised officer means any person authorised as an inspector under section 70(1) of the Meat Industry Act 1993;

S. 3(1) def. of Authority substituted by No. 16/2026 s. 255(a).

Authority means Safe Food Victoria within the meaning of section 3 of the Safe Food Victoria Act 2026;

S. 3(1) def. of chief executive officer repealed by No. 16/2026 s. 255(b).

* * * * *

Code of Practice means a Code of Practice made under section 19;

S. 3(1) def. of domestic partner inserted by No. 44/2024 s. 28(1).

domestic partner of a person means—

(a)

a person who is in a registered relationship with the person; or

(b)

an adult person to whom the person is not married but with whom the person is in a relationship as a couple where one or each of them provides personal or financial commitment and support of a domestic nature for the material benefit of the other, irrespective of their genders and whether or not they are living under the same roof, but does not include a person who provides domestic support and personal care to the person—

(i)

for fee or reward; or

(ii)

on behalf of another person or an organisation (including a government or government agency, a body corporate or a charitable or benevolent organisation);

food business has the same meaning as in the Food Act 1984;

S. 3(1) def. of Food Standards Code inserted by No. 16/2026 s. 261(a).

Food Standards Code has the same meaning as in section 63A of the Food Act 1984;

licensee means the holder of a seafood safety licence;

S. 3(1) def. of meat transport vehicle inserted by No. 6/2024 s. 61.

meat transport vehicle has the same meaning as in the Meat Industry Act 1993;

owner in relation to any premises—

(a)

includes in any case, the—

(i)

occupier; or

(ii)

person in charge or apparently in charge; or

(iii)

owner's agent; or

(iv)

owner's manager; and

(b)

in the case of a body corporate or unincorporate, also includes the manager, secretary or other controlling officer of that body;

person includes a body or association (corporate or unincorporate) and a partnership;

S. 3(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 149.1).

police officer has the same meaning as in the Victoria Police Act 2013;

premises includes—

(a)

land (whether or not vacant); and

(b)

the whole or any part of a building, tent, stall or other structure (whether of a permanent or temporary nature); and

(c)

a pontoon;

prescribed means prescribed by the regulations;

prescribed food standard has the same meaning as in section 4(1) of the Food Act 1984;

regulations means regulations made under this Act;

S. 3(1) def. of Safe Food Victoria CEO inserted by No. 16/2026 s. 255(c).

Safe Food Victoria CEO means the chief executive officer within the meaning of section 3 of the Safe Food Victoria Act 2026;

S. 3(1) def. of seafood amended by No. 16/2026 s. 261(b).

seafood means—

(a)

any marine, estuarine or freshwater fish;

(b)

any other aquatic vertebrate animal, except crocodile;

(c)

any other aquatic invertebrate animal;

(d)

any products of fish or other aquatic animals referred to in paragraphs (a), (b) and (c);

(e)

any other food or class of food prescribed to be seafood for the purposes of this Act—

but does not include any species of fish or aquatic animal or any food or class of food prescribed not to be seafood for the purposes of this Act or cell‑cultured food (within the meaning of Standard 1.1.2 of the Food Standards Code);

seafood business has the meaning given by section 4;

seafood safety licence means a licence issued by the Authority under Part 3;

sell has the same meaning as in section 4(1) of the Food Act 1984;

S. 3(1) def. of spouse inserted by No. 44/2024 s. 28(1).

spouse of a person means a person to whom that person is married;

Tribunal means the Victorian Civil and Administrative Tribunal established under the Victorian Civil and Administrative Tribunal Act 1998;

vehicle means a conveyance designed to be propelled or drawn by any means whether or not capable of being so propelled or drawn, and includes cart, caravan, bicycle, railway carriage, tram-car, ship, boat, barge, vessel, aircraft and air-cushion vehicle.

S. 3(2) inserted by No. 44/2024 s. 28(2).

(2)

For the purposes of the definition of domestic partner in subsection (1)—

(a)

registered relationship has the same meaning as in the Relationships Act 2008; and

(b)

in determining whether persons who are not in a registered relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case; and

(c)

a person is not a domestic partner of another person only because they are co-tenants.

4What is a seafood business?

(1)

In this Act, seafood business means a business—

(a)

that involves the handling of seafood intended for sale (whether wholesale or retail) for human consumption; or

(b)

of a type or class prescribed to be a seafood business—

but does not include a business of a type or class prescribed not to be a seafood business.

(2)

For the purposes of subsection (1), a seafood business does not include a food business where the main activity is not the handling of seafood.

(3)

For the purposes of this Act, the handling of seafood includes—

(a)

the harvesting or collection of seafood;

(b)

aquaculture;

(c)

the maintaining of live shellfish, crustaceans and echinoderms for later processing;

(d)

the depuration of shellfish;

(e)

the processing of seafood including (but not limited to)—

(i)

the skinning, gilling, gutting, filleting or shucking of seafood;

(ii)

the smoking, preserving, canning, curing or drying of seafood;

(iii)

the extracting, mincing, blending or slicing of seafood;

(iv)

the mixing of seafood with other substances;

(v)

the cooking of seafood (other than the cooking of seafood for immediate sale for human consumption without any further processing);

(vi)

the packaging, storing and transporting of seafood.

(4)

For the purposes of this Act, the handling of seafood does not include—

(a)

the maintaining or otherwise handling of fin-fish live for later processing; or

(b)

the maintaining or otherwise handling of live seafood intended for sale for the purpose of growing on.

Part 2—Administration

Ss 5, 6 repealed by No. 16/2026 s. 256.

* * * * *

7Application of Act to Crown

This Act binds the Crown, not only in right of Victoria but also, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.

8Application of Act, inconsistency and exemptions

(1)

This Act does not apply to a seafood business that is a business in respect of which there is an authority in force that corresponds to a seafood safety licence under a corresponding law of the Commonwealth or another State or Territory of the Commonwealth.

(2)

If there is any inconsistency between a provision of this Act and a provision of the Food Act 1984, the provision of the Food Act 1984 prevails to the extent of the inconsistency.

(3)

The regulations may exempt from the operation of this Act, or a specified provision of this Act, a specified person, business, activity, product, matter or thing or a specified class of persons, businesses, activities, products, matters or things.

Part 3—Licensing

9Seafood business to be licensed

(1)

Subject to subsection (2), a person must not commence or conduct a seafood business unless that person holds a current and valid seafood safety licence in respect of the business.

For a first offence, 100 penalty units.

For a subsequent offence, 500 penalty units or 24 months imprisonment or both.

(2)

Subsection (1) does not apply to a person who conducts a seafood business that involves only primary food production, until 6 months after the day that this section comes into operation.

(3)

In this section primary food production has the same meaning as in section 4C of the Food Act 1984.

10Exemptions from licensing requirement

(1)

The Authority may in writing grant an exemption to a person conducting a seafood business from the requirement to hold a seafood safety licence if—

(a)

the person—

(i)

is the proprietor of a food business for a food premises or a class of food premises that is registered under Part VI of the Food Act 1984 and that registration is in force; or

S. 10(1)(a)(ii) substituted by No. 6/2024 s. 62.

(ii)

holds a current or valid licence—

(A)

in accordance with Part 4 of the Meat Industry Act 1993; or

(B)

in accordance with regulations made under that Act for the conveyance of seafood in a meat transport vehicle; or

S. 10(1)(a)(iii) amended by No. 16/2026 s. 270.

(iii)

holds a current and valid licence under Part 3 of the Dairy and Food Innovation Act 2000; and

(b)

it is a requirement of the relevant Act referred to in paragraph (a) that there is a quality assurance program or food safety program, which in the opinion of the Authority adequately covers seafood safety, in respect of the seafood business of the person.

(2)

An exemption under subsection (1) may be granted by the Authority to a person or to a class of persons—

(a)

on its own motion or on the application of a person on the person's behalf or on behalf of a class of persons; and

(b)

on payment by a person of a fee fixed in respect of an exemption for the relevant seafood safety licence or class of seafood safety licence by the Authority.

(3)

The Authority may amend, vary or revoke an exemption granted under subsection (1).

11Application for a seafood safety licence

An application for the issue or renewal of a seafood safety licence must be made to the Authority—

(a)

in the form approved by the Authority; and

S. 11(ab) inserted by No. 44/2024 s. 29.

(ab)

containing evidence addressing the matters in section 14(3) that the applicant for the issue or renewal of the licence is a fit and proper person to hold the licence; and

(b)

containing the particulars required by the Authority; and

(c)

together with the fee fixed for that seafood safety licence or class of seafood safety licence by the Authority.

12Licence fees

(1)

The Authority may in respect of the issue or renewal of seafood safety licences fix—

(a)

specific fees; or

(b)

maximum or minimum fees; or

(c)

differential fees; or

(d)

scales of fees.

(2)

The Authority must determine—

(a)

the criteria for determining; and

(b)

the structure of—

licence fees in consultation with the seafood industry.

(3)

The criteria may include—

(a)

the value of services provided to a licensee;

(b)

the value of industry wide benefits;

(c)

the scale of operations of each licensee.

13Seafood safety licences

(1)

A seafood safety licence must be issued or renewed by the Authority—

(a)

subject to this Act and to any terms and conditions that are determined by the Authority;

(b)

in the form approved by the Authority;

(c)

only in respect of the places or circumstances specified in the licence;

(d)

for any period that is determined by the Authority being a period not greater than 3 years and which period must be specified in the licence;

(e)

unless sooner cancelled or suspended, to remain in force until the day specified in the licence for the expiration of that licence.

(2)

The Authority may determine different classes of seafood safety licences.

14Mandatory powers of Authority in respect of licences

(1)

The Authority must—

(a)

refuse to issue;

(b)

issue or renew subject to conditions (if any);

(c)

refuse to renew;

(d)

cancel;

(e)

suspend for a specified period—

a seafood safety licence on any of the grounds specified in subsection (2) and must in any such case notify the applicant or licensee in writing of the ground for doing so.

(2)

The grounds are—

(a)

the Authority is not satisfied that the applicant or licensee, as the case may be, holds an appropriate fishery licence, authorisation or permit under the Fisheries Act 1995 that is necessary to carry on the activities to which the application or seafood safety licence relates;

(b)

the licensee has ceased to conduct a business of the nature specified in the application or the licence;

(c)

the applicant or the licensee, as the case may be, has been convicted of an offence in relation to a requirement of—

S. 14(2)(c)(i) amended by Nos 46/2008 s. 286, 16/2026 s. 271.

(i)

this Act, the Public Health and Wellbeing Act 2008, the Food Act 1984, the Meat Industry Act 1993 or the Dairy and Food Innovation Act 2000 (including any regulation, code of practice or other subordinate instrument made under those Acts); or

(ii)

a law of the Commonwealth or another State or a Territory of the Commonwealth that corresponds to a requirement specified in subparagraph (i)—

and the Authority considers the gravity of the offence sufficient to justify its decision under subsection (1);

S. 14(2)(ca) inserted by No. 44/2024 s. 30(1).

(ca)

having regard to the matters specified in subsection (3), the Authority considers that the applicant or licensee is not a fit and proper person to hold a licence;

(d)

any other ground which is prescribed for the purposes of this section.

S. 14(3) inserted by No. 44/2024 s. 30(2).

(3)

For the purposes of subsection (2)(ca), the specified matters are the following—

(a)

whether the applicant or licensee is not of good repute, having regard to character, honesty and integrity;

(b)

whether an associate of the applicant or licensee is not of good repute, having regard to character, honesty and integrity;

(c)

whether the applicant or licensee has any business association with any person who is not of good repute, having regard to character, honesty and integrity;

(d)

whether a person who holds a relevant position in the seafood business to which the licence relates is not a suitable person to act in the position;

(e)

any other matter that the Authority considers relevant.

S. 14(4) inserted by No. 44/2024 s. 30(2).

(4)

In this section, an associate of an applicant or licensee means a person who—

(a)

holds any relevant financial interest, or is entitled to exercise any relevant power (whether in right of the person or on behalf of any other person), in the seafood business to which the licence relates, and by virtue of that interest or power, is able to exercise a significant influence over or with respect to the management or operation of that business; or

(b)

holds any relevant position (whether in right of the person or on behalf of any other person) in the seafood business to which the licence relates; or

(c)

is a relative of the applicant or licensee; or

(d)

is an agent of the applicant or licensee.

S. 14(5) inserted by No. 44/2024 s. 30(2).

(5)

In this section—

relative means—

(a)

spouse or domestic partner; or

(b)

parent; or

(c)

child; or

(d)

sibling;

relevant financial interest, in relation to a seafood business, means—

(a)

any share in the capital of the business; or

(b)

any entitlement to receive any income derived from the business;

(c)

any entitlement to receive any payment as a result of money advanced; or

relevant position, in relation to a seafood business, means—

(a)

the position of director, partner, trustee, manager or other executive position or secretary, however that position is designated; and

(b)

any other person associated or connected with the ownership, administration or management of the business or its operations;

relevant power means any power, whether exercisable by voting or otherwise and whether exercisable alone or in association with others—

(a)

to participate in any directorial, managerial or executive decision; or

(b)

to elect or appoint any person to any relevant position.

Seafood Safety Act 2003

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