Food Amendment Act 1996

1: Short Title and commencement
1: This Act may be cited as the Food Amendment Act 1996, and shall be read together with and deemed part of the Food Act 1981
2: Except as provided in subsection (3) section 8(2)
3: Section 31
2: Interpretation
This section inserted definitions of the terms Australia-New Zealand Joint Food Standards Agreement Food safety programme Food Standard
3: Meaning of
food safety programme This section inserted s 4A
4: General prohibitions on sales
This section substituted s 9
5: Misleading labelling and packaging
This section substituted s 10(2) s 10(3)
6: Restrictions on advertising
1: This subsection substituted s 11(1)
2: This subsection substituted s 11(3)
7: Contravention of Act, etc, knowing that will create risk to human health
This section inserted s 11AA
8: Repeal of section 11A (relating to raw milk)
1: Section 11A section 27(1) of the Milk Act 1988
2: This section shall come into force on a date to be appointed by the Governor-General by Order in Council. OIC Food Act 1981
9: New
Part 2A This section inserted Part 2A
10: Powers of officers
This section amended s 12(2)﻿(g) (j)
11: Powers of local authority inspectors
This section amended s 13(1)﻿(d)
12: Further provisions relating to seizure and detention of articles
This section amended s 14(3)﻿(a)
13: Power to issue search warrant even though offence not imprisonable
This section inserted s 15A
14: Power of Medical Officer of Health to require information
This section amended s 17(1)
15: Evidence of analysis
This section amended s 23(4)
16: Special provisions relating to imported consignments
This section amended s 24(1)﻿(f)
17: Jurisdiction of District Courts
1: This subsection amended s 27(1)
2: This subsection repealed s 27(4) (5)
18: Copy of analyst's certificate or report to be served with summons
1: This subsection inserted s 27A
2: This subsection amended s 23(2)﻿(a)
3: This subsection amended s 33(1)
19: General penalty
This section amended s 28
20: Liability of principal for acts of agents, etc
This section substituted s 29(2)﻿(a)
21: Strict liability
This section amended s 30
22: Further defences
This section amended s 31
23: Courts may order withdrawal of goods from circulation
This section amended s 23(1) (4) (5)
24: Records
This section amended s 41(1)
25: Regulations
This section amended s 42
26: Regulations for fees and charges
This section inserted s 42A
27: Consequential amendment to
Dairy Industry Act 1952 This section substituted section 15A Dairy Industry Act 1952
28: Amendment to
Summary Proceedings Act 1957 This section amended Part 2 Summary Proceedings Act 1957
29: Consequential amendments to
Wine Makers Act 1981
1: This subsection amended section 2 Wine Makers Act 1981
2: This subsection substituted section 15(1) Wine Makers Act 1981
3: This subsection substituted section 25(1) Wine Makers Act 1981
4: Section 2 of the Wine Makers Amendment Act 1982
30: Consequential amendments to
Sale of Liquor Act 1989
1: This subsection substituted section 37(3) Sale of Liquor Act 1989
2: The following enactments are hereby consequentially repealed:
a: Subsections (2) and (3) of section 2 of the Sale of Liquor (Off-Licence) Amendment Act 1992
b: Section 2 Sale of Liquor Amendment Act 1994
31: Power to issue food standards between passage and commencement of this Act
1: Subject to this section, the power conferred by section 11C section 9 Part 2A
2: The following provisions apply with respect to the issuing of food standards in reliance on this section:
a: The Minister shall not issue food standards in reliance on this section unless the Minister is satisfied that it is necessary to do so for the purpose of giving effect to the provisions of Annex D(3)﻿(a) of the Australia-New Zealand Joint Food Standards Agreement:
b: No food standards may be issued in reliance on this section after the 1st day of July 1996:
c: No food standards issued in reliance on this section may be expressed to come into force before the 1st day of July 1996:
d: Nothing in section 11E(2) section 9
e: It shall not be necessary for the Minister to give notice to any person of the Minister's intention to issue food standards in reliance on this section:
f: Before issuing food standards in reliance on this section, the Minister shall undertake such consultation (if any) as the Minister considers appropriate and practicable in the circumstances with such persons, representative groups within the food industry or elsewhere, Government departments, Crown entities, and local authorities as the Minister considers appropriate, but no other consultation shall be required with respect to the issuing of food standards in reliance on this section:
g: Nothing in section 11G(3)
3: Except as provided by subsection (2) Part 2A
4: Nothing in this section limits section 12 of the Acts Interpretation Act 1924