Food Act 2003 No 43

Currency

As amended to Statute Law (Miscellaneous Provisions) Act (No 2) 2018 (No 68). Sch 1.14 commenced 8 January 2019. Current to 17 January 2019.

Jurisdiction

Section s 118(1): Proceedings for an offence under this Act or the regulations may be dealt with summarily before the Local Court, or before the Supreme Court in its summary jurisdiction.

Section s 118(2): If proceedings are brought before the Local Court, the maximum monetary penalty that may be imposed for the offence is $10,000, despite any higher maximum penalty provided for the offence.

Time for instituting proceedings

Section 119(1) Proceedings for an offence against this Act or the regulations may be instituted not later than 2 yrs after the date on which the offence is alleged to have been committed. Section 119(2): The court may extend the time.

Penalty notice

Section 120: An authorised officer may issue a penalty notice to a person if it appears to the officer that the person has committed a penalty notice offence as prescribed by Food Regulation 2015 cl 9. The penalties are prescribed in Sch 2 of the regulations.

Liability of employers and employees

Section 121: An employer is taken to have contravened any provision of the Act where an employee has contravened. A defence is provided in s 121(2).

Liability of directors

Section 122: If a corporation commits an “executive liability offence” a director involved in the management who may influence the corporation’s conduct, who knows or ought reasonably to know of the offence and fails to prevent or stop the commission of the executive liability offence is liable to the same penalty for the offence if committed by an individual.

Section 122A: If a corporation commits a “corporate offence” a director who aids, abets, counsels, procures, induces, conspires in the commission of the corporate offence is liable to the same penalty for the offence if committed by an individual.

Section 123(2): A limited defence is available to an employee who has contravened.

Alternative verdicts 

Section 124: If, on the trial of a person charged with an offence against ss 13 or 14, the trier of fact is not satisfied that the person committed the offence as charged, but is satisfied that the person committed an offence against s 16, the court may find the person not guilty of the offence charged, but guilty of an offence against s 16.

SECTION DESCRIPTION PENALTY (MAX)
13(1) Handle food for sale in manner the person knows will render it unsafe Corp $10,000*;
Indiv $10,000* and/or 2 yrs
[Indiv: 1000 pu and/or 2 yrs;
Corp 5000 pu]
13(2) Handle food in manner that the person ought to know is likely to render it unsafe Corp $10,000*;
Indiv $10,000*
[Indiv: 750 pu;
Corp 3750 pu]
14(1) Sell food the person knows is unsafe Corp $10,000*;
Indiv $10,000* and/or 2 yrs
[Indiv: 1000 pu and/or 2 yrs;
Corp 5000 pu]
14(2) Sell food the person ought to know is unsafe Corp $10,000*; Indiv $10,000*
[Indiv: 750 pu;
Corp 3750 pu]
16(1) Handle food intended for sale in an unsafe manner Corp $10,000*; Indiv $10,000*
[Indiv: 500 pu;
Corp 2500 pu]
16(2) Sell food that is unsafe Corp $10,000*; Indiv $10,000*
[Indiv: 500 pu;
Corp 2500 pu]
17(1) Handle food in a manner to render it unsuitable Corp $10,000*; Indiv $10,000*
[Indiv: 400 pu;
Corp 2000 pu]
17(2) Sell food that is unsuitable Corp $10,000*; Indiv $10,000*
[Indiv: 400 pu;
Corp 2000 pu]
18(1)–(3) Person in course of business engage in/cause food to be advertised/ promoted/sell food that is misleadingly advertised, packaged or sold Corp $10,000*; Indiv $10,000*
[Indiv: 500 pu;
Corp 2500 pu]
19(1) Sell food not of the nature/substance requested Corp $10,000*; Indiv $10,000*
[Indiv: 500 pu;
Corp 2500 pu]
20(1), (2) Sell equipment/put equipment in such condition, or sell
packaging/labelling likely to render food unsafe
Corp $10,000*; Indiv $10,000*
[Indiv: 500 pu;
Corp 2500 pu]
21(1)–(4) Offences for failing to comply with Food Standards Code Corp $10,000*; Indiv $10,000*
[Indiv: 500 pu;
Corp 2500 pu]
40(1) Fail to comply with requirements of authorised officers Corp $10,000*; Indiv $10,000*
[Indiv: 500 pu;
Corp 2500 pu]
41 Detain/remove/tamper with food etc lawfully seized Corp $10,000*; Indiv $10,000*
[Indiv: 500 pu;
Corp 2500 pu]
42 Provide false information lawfully required Corp $10,000*; Indiv $10,000*
[Indiv: 500 pu;
Corp 2500 pu]
43(1)–(3) Resist/obstruct/impersonate/threaten/intimidate/assault authorised officer Corp $10,000*; Indiv $10,000* [500 pu]
64 Contravene or fail to comply with prohibition order Corp $10,000*; Indiv $10,000*
[Indiv: 500 pu;
Corp 2500 pu]
66AA(3) Fail to pay fee for improvement notice on time 50 pu
100(1) Fail to notify appropriate enforcement agency of conduct of food business Corp $10,000*; Indiv $10,000*
[Indiv: 500 pu;
Corp 2500 pu]
104(1) Handle/sell food in a manner that contravenes a food safety scheme Corp $10,000*; Indiv $10,000*
[Indiv: 500 pu;
Corp 2500 pu]
104(2) Unlicensed person carry on food business/activity Corp $10,000*; Indiv $10,000*
[Indiv: 500 pu;
Corp 2500 pu]
104(3) Contravene condition of licence Corp $10,000*; Indiv $10,000*
[Indiv: 500 pu;
Corp 2500 pu]
104(4) Not comply with requirements of food safety scheme Corp $10,000*; Indiv $10,000*
[Indiv: 500 pu;
Corp 2500 pu]
139(2) Regulations may create offences 25 pu
*

Maximum penalty in the Local Court: s 118(2).

Food Regulation 2015

Currency

As amended to Food Amendment (Lamb and Hogget) Regulation 2019 (No 284). Commenced 1 July 2019. Current to 2 July 2019.

SECTION DESCRIPTION PENALTY (MAX)
Penalty for each offence under the regulation 25 pu