Document ID: chunk:federal_register_of_legislation:C2024C00526:section:18a
Version: federal_register_of_legislation:C2024C00526
Segment Type: section
Provision Reference: s 18A
Character Range: 51523–53102

18A  Food safety management certificates
 (1) The Secretary may determine, in writing, that, for food of a specified kind, a specified certificate issued by a specified person or specified body is a recognised food safety management certificate.
Note 1: The regulations deal with when food of such a kind is taken to be failing food because the food is not covered by a recognised food safety management certificate.
Note 2: See section 35B for how a determination may refer to a kind of food.
Note 3: For variation and revocation of the determination, see subsection 33(3) of the Acts Interpretation Act 1901.
Note 4: For specification by class, see subsection 33(3AB) of the Acts Interpretation Act 1901.
 (2) The Secretary must, in writing, make guidelines that the Secretary must have regard to before making a determination under subsection (1).
Note: For variation and revocation of the guidelines, see subsection 33(3) of the Acts Interpretation Act 1901.

Offence
 (3) A person must not forge, or utter, knowing it to be forged, a certificate of the kind referred to in subsection (1).
Penalty: Imprisonment for 10 years.

Status of instruments
 (4) The following are not legislative instruments:
 (a) a determination under subsection (1);
 (b) guidelines under subsection (2).

Publication of instruments
 (5) The Secretary must publish the following on the Department's website:
 (a) a determination under subsection (1);
 (b) guidelines under subsection (2).

Definitions
 (6) For the purposes of this section, forge and utter have the meanings given by section 19A.