FOOD ACT 2006 NO. 3

Queensland Numbered Acts

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FOOD ACT 2006 NO. 3

TABLE OF PROVISIONS

Contents

CHAPTER 1--PRELIMINARY
Part 1--Introduction

1. Short title
2. Commencement
Part 2--Application and purposes of Act
Division 1--Application
3. Act binds all persons
4. Exemption from application of Act
5. General application of Act to ships
6. How Act affects particular rights and remedies
7. Act not affected by Food Production (Safety) Act 2000
Division 2--Purposes of Act
8. Main purposes
9. How main purposes are primarily achieved
Part 3--Interpretation
Division 1--Dictionary and notes in text
10. Definitions
11. Notes in text
Division 2--Particular definitions
12. Meaning of food
13. Meaning of food business
14. Meaning of food standards code
15. Meaning of handling of food
16. Meaning of manufacture
17. Meaning of off-site catering
18. Meaning of on-site catering
19. Meaning of sell
20. Meaning of unsafe food
21. Meaning of unsuitable food
Part 4--Roles of the State and local governments
22. Provisions that are administered only by the State
23. Provisions that are administered only by local governments
24. Provisions that are administered by both State and local governments
25. When State and local governments administer this Act in partnership
26. Action by the State if local government does not administer and enforce this Act
27. Procedure before taking action under s 26
28. State may require report from local government
29. Chief executive may give report to local government
30. Local laws relating to purposes of Act
31. Fees payable to local governments

CHAPTER 2--OFFENCES RELATING TO FOOD
Part 1--Serious offences relating to food

32. Handling of food in unsafe way
33. Sale of unsafe food
34. False description of food
Part 2--Other offences relating to food
35. Handling and sale of unsafe food
36. Handling and sale of unsuitable food
37. Misleading conduct relating to sale of food
38. Sale of unfit equipment or packaging or labelling material
39. Compliance with food standards code
40. False descriptions of food
41. Application of provisions outside the State
Part 3--Defences
42. Defence relating to publication of advertisements
43. Defence relating to food for export
44. Defence of due diligence
45. Disapplication of Criminal Code, ss 23 and 24
46. Defence relating to handling food
47. Defence relating to sale of unfit equipment or packaging or labelling material

CHAPTER 3--LICENCES FOR PARTICULAR FOOD BUSINESSES
Part 1--Preliminary

48. Meaning of licensable food business
Part 2--Offences about carrying on licensable food businesses
49. Licence required to carry on licensable food business
50. Where licensee may carry on licensable food business
51. Licensee to comply with conditions of licence
Part 3--Applications for, and issue of, licences
Division 1--Applications for licence
52. Application
53. What the application must state
54. When food safety program is to accompany application
55. Consideration of application
56. Criteria for granting application
57. Suitability of person to hold licence
58. Suitability of premises
59. Inquiry about application
Division 2--Decisions on applications for licence
60. Decision on application
61. Failure to decide application
62. Further consideration of application
63. Accreditation of food safety program on grant of application
Division 3--Provisional licences
64. Issue of provisional licence
65. When provisional licence ends
66. Extension of period for consideration of application if provisional licence issued
Part 4--Term and conditions of licences
67. Term of licence other than provisional licence
68. Term of provisional licence
69. Conditions of licence
Part 5--Renewal, restoration or amendment of licences
Division 1--Preliminary
70. Application of pt 5
71. Notice of imminent expiry of licence
Division 2--Renewal, restoration and amendment
Subdivision 1--Applications
72. Application for renewal
73. Application for restoration
74. Application for amendment
Subdivision 2--Inquiries about applications and continuation of licences
75. Inquiry about application
76. Licence continues pending decision about renewal or restoration
77. Failure to decide application
Part 6--Suspension or cancellation of licences
78. Grounds for suspension or cancellation
79. Show cause notice
80. Representations about show cause notice
81. Ending show cause process without further action
82. Suspension or cancellation
83. Immediate suspension of licence
84. Return of cancelled or suspended licence to local government
Part 7--Other provisions about licences and licensees
Division 1--Requirements for applications
85. General requirements for applications under ch 3
Division 2--Food safety supervisors
86. Licensee to have food safety supervisor
87. Availability of food safety supervisor
88. Licensee to advise local government about food safety supervisor
Division 3--Carrying on licensable food business from mobile premises
89. Obligations of licensee while in second local government's area
90. Action that may be taken by second local government
91. Notification to first local government
92. Action that may be taken by first local government
Division 4--General provisions
93. Licence issued to more than 1 person
94. Form of licence
95. Surrender of licence
96. Application for replacement of licence
97. Decision about application for replacement of licence

CHAPTER 4--FOOD SAFETY PROGRAMS
Part 1--Preliminary

98. Content of food safety program
99. Who must have accredited food safety program
100. Other persons may have accredited food safety program
101. Particular persons taken to have applied for accreditation of food safety program
Part 2--Applications for accreditation of food safety programs
102. Application for accreditation
103. Consideration of application
104. Criteria for accrediting food safety program
105. Inquiry about application
106. Decision on application
107. Failure to decide application
108. Further consideration of application
Part 3--Matters about compliance audits for accredited food safety programs
109. Frequency of compliance audits
110. Changing frequency of compliance audits
111. Limitation on frequency of compliance audits
Part 4--Amendment of accredited food safety programs
Division 1--Amendment by holder of accredited food safety program
112. Application for approval of amendment
113. Inquiry about application
Division 2 Amendment of accredited food safety program--local government's initiative
114. Local government may direct holder to amend accredited food safety program
115. Amending accredited food safety program
Part 5--Cancellation of accreditation, and surrender, of particular food safety programs
116. Application of pt 5
117. Grounds for cancellation
118. Show cause notice
119. Representations about show cause notice
120. Ending show cause process without further action
121. Cancellation
122. Surrender of accredited food safety program
Part 6--Other provisions about accredited food safety programs
123. Obligation to comply with accredited food safety program
124. Keeping copy of accredited food safety program
125. Inspection of accredited food safety program
126. Offence about advertising

CHAPTER 5--AUDITORS
Part 1--Functions and approval of auditors
Division 1--Functions

127. Auditor's functions
Division 2--Obtaining approval as auditor
128. Application for approval as auditor
129. Consideration of application
130. Criteria for granting application
131. Suitability of person to be an auditor
132. Inquiry about application
133. Decision on application
134. Failure to decide application
Part 2--Term and conditions of approval
135. Term of approval
136. Conditions of approval
137. Auditor to comply with conditions of approval
Part 3--Renewal of approvals
138. Application for renewal
139. Inquiry about application
140. Approval continues pending decision about renewal
Part 4 Amending conditions of approvals--application by auditor
141. Application by auditor to amend conditions of approval
142. Inquiry about application
143. Failure to decide application
Part 5--Suspension or cancellation of approvals
144. Grounds for suspension or cancellation
145. Show cause notice
146. Representations about show cause notice
147. Ending show cause process without further action
148. Suspension or cancellation
149. Immediate suspension of approval
150. Return of cancelled or suspended approval to chief executive
Part 6--General provisions
151. Applications—general
152. Form of approval
153. Surrender of approval
154. Application for replacement of approval
155. Decision about application for replacement of approval

CHAPTER 6--AUDITS OF ACCREDITED FOOD SAFETY PROGRAMS
Part 1--Preliminary

156. Purpose of ch 6
Part 2--Audits
Division 1--Compliance audits
157. First compliance audit of accredited food safety program
158. Particular licensee to have compliance audits conducted
Division 2--Check audits and nonconformance audits
159. Check audit
160. Nonconformance audit
Division 3--Auditors' reports and responsibilities
161. Report about audit for compliance or nonconformance audit
162. Auditor's responsibility to inform local governments
Part 3--Other matters
163. Obstructing auditor
164. Impersonating auditor

CHAPTER 7--MONITORING AND ENFORCEMENT
Part 1--Authorised persons
Division 1--Preliminary

165. Powers generally
166. Powers of particular authorised persons limited to local government area
167. Functions of authorised person
Division 2--Appointment of authorised persons
168. Appointment and qualifications
169. Appointment conditions and limit on powers
170. Issue of identity card
171. Production or display of identity card
172. When authorised person ceases to hold office
173. Resignation
174. Return of identity card
Part 2--Powers of authorised persons
Division 1--Entry of places
175. Power to enter places
Division 2--Procedure for entry
176. Entry with consent
177. Application for warrant
178. Issue of warrant
179. Application by electronic communication and duplicate warrant
180. Defect in relation to a warrant
181. Warrants—procedure before entry
Division 3--General powers
182. General powers after entering places
183. Failure to help authorised person
184. Failure to give information
Division 4--Stopping or moving motor vehicles
185. Stopping or moving motor vehicle
Division 5--Power to seize evidence
186. Seizing evidence at a place that may be entered without consent or warrant
187. Seizing evidence at a place that may only be entered with consent or warrant
Division 6--Dealing with seized things
188. Securing seized things
189. Tampering with seized things
190. Powers to support seizure
191. Authorised person may require thing's return
192. Receipts for seized things
193. Forfeiture of seized things
194. Return of seized things
195. Access to seized things
196. Power of destruction
Division 7--Power to obtain information
197. Power to require name and address
198. Failure to give name or address
199. Power to require production of documents
200. Failure to produce document
201. Failure to certify copy of document
202. Power to require information
Division 8--Emergency powers of authorised persons
203. Application of div 8
204. Power and procedure for entry
205. Power in relation to food
206. How power may be exercised
207. Failure to comply with authorised person's directions in emergency
208. Authorised person's powers not affected
Division 9--Improvement notices
209. Improvement notice
210. Approval for particular improvement notice
211. Record of compliance with improvement notice
Part 3--General enforcement matters
Division 1--Notice of damage and compensation
212. Notice of damage
213. Compensation
Division 2--Other matters
214. Obstructing authorised person
215. Impersonating authorised person
Part 4--Emergency powers of chief executive
216. Making of order
217. Nature of order
218. Special provisions relating to recall orders
219. Way of making orders
220. Compensation
221. Failure to comply with order
Part 5--Injunctions
222. Application of pt 5
223. Who may apply for an injunction
224. District Court's powers
225. Terms of injunction
226. Undertakings as to damages or costs

CHAPTER 8--ANALYSIS OF THINGS
Part 1--State analysts and approval of laboratories

227. Appointment and qualifications
228. Appointment conditions
229. When State analyst ceases to hold office
230. Resignation
231. Chief executive may approve laboratory
Part 2--Other matters about analysis of things
232. Analysis
233. Certificate must indicate methodology used
234. Giving results of analysis
235. Prohibition about use of results of analysis

CHAPTER 9--REVIEWS AND APPEALS
Part 1--Internal review of decisions

236. Appeal process starts with internal review
237. Application for review
238. Applying for review
239. Review decision
240. Stay of operation of decision
Part 2--Appeals
241. Who may appeal
242. Starting appeal
243. Stay of operation of review decision
244. Hearing procedures
245. Court's powers on appeal
246. Appeal to District Court

CHAPTER 10--LEGAL PROCEEDINGS
Part 1--Application

247. Application of ch 10
Part 2--Evidence
248. Appointments and authority
249. Signatures
250. Evidentiary provisions
Part 3--Proceedings
251. Summary offences
252. Alternative verdicts for serious food offences
253. Independent analysis
254. Allegations of false or misleading information or document
255. Recovery of costs of investigation
256. Application for order for payment of costs under s 255
257. Forfeiture on conviction
258. Dealing with forfeited thing
259. Responsibility for acts or omissions of representative
260. Executive officers must ensure corporation complies with Act
261. Fines payable to local government
Chapter 11--Miscellaneous
Part 1--Guidelines and registers of auditors and food businesses
Division 1--Guidelines
262. Chief executive may make guidelines
263. Availability of guideline
Division 2--Registers
264. Chief executive to keep registers
265. Content of registers
266. Availability of registers
Part 2--Offences about false or misleading statements or documents
267. False or misleading statements
268. False or misleading documents
Part 3--Prescribed contaminants in food
269. Definition for pt 3
270. Notice of isolation of prescribed contaminant
271. Chief executive may give direction
Part 4--Other matters
272. Confidentiality of information
273. Service of documents
274. Protecting officials from liability
275. Particular premises taken to be within local government area
276. Delegation by chief executive
277. Approval of forms
278. Regulation-making power

CHAPTER 12--REPEAL AND TRANSITIONAL PROVISIONS
Part 1--Repeal provision

279. Repeal of Food Act 1981
Part 2--Transitional provisions
Division 1--Preliminary
280. Definitions for pt 2
Division 2--Transitional references
281. References to repealed Act
Division 3--Other transitional provisions
282. Continuation of order under repealed Act, s 8
283. Continuation of order under repealed Act, pt 3
284. Application for compensation under repealed Act
285. Continuation of orders under repealed Act, s 21
286. Appeals
287. Dealing with articles seized under repealed Act
288. Direction about isolation of prescribed pathogen
289. Continuation of particular licences under former regulation
290. Lapsing of licences under former regulation
291. Application for particular licence under former regulation
292. Application for renewal of particular licence under former regulation
293. Lapsing of other applications relating to licences under former regulation
294. Lapsing of registration under former regulation
295. Lapsing of applications relating to registration under former regulation
296. Offences

CHAPTER 13--AMENDMENT OF ACT

297. Act amended in sch 1
SCHEDULE 1 AMENDMENT OF ACT
SCHEDULE 2 CHANGES TO FOOD STANDARDS CODE
SCHEDULE 3 DICTIONARY

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