New South Wales Consolidated Acts

FOOD ACT 2003 - SECT 117D

117D Payment of penalties and fines into Food Authority Fund

(1) Any monetary penalty or fine imposed for an offence under this Act or the regulations and recovered in proceedings instituted by the Food Authority is to be paid into the Food Authority Fund.

(2) If the amount paid into the Food Authority Fund under this section in any financial year exceeds the maximum amount for the financial year, the amount of the excess is to be paid into the Consolidated Fund.

(3) The
"maximum amount" for a financial year is $250,000 or, if the regulations make provision for the determination of the maximum amount for the financial year, the maximum amount determined in accordance with those regulations.

(4) The regulations may make provision for the determination of the maximum amount for a financial year by prescribing a maximum amount for a financial year or by providing for the manner in which the maximum amount for a financial year is to be determined.

(5) Any such regulation may be made only with the approval of the Treasurer.

(6) In this section, a reference to proceedings instituted by the Food Authority includes--

(a) a reference to proceedings instituted under the direction or on behalf, or for the benefit, of the Food Authority, and

(b) a reference to penalty notices issued by or under the direction or on behalf of the Food Authority.

(7) In this section--

"financial year" means the period of 12 months commencing on 1 July in any year.

"fine" does not include any costs (including expenses or disbursements) payable by a person under an order made by a court in proceedings for an offence under this Act or the regulations.