Part 1
Preliminary provisions

Subpart 1Introduction

3 Overview
  • (1) This Act replaces the Food Act 1981.

    (2) This Part contains preliminary provisions that—

    • (a) state the purpose of this Act; and

    • (b) set out the application of this Act; and

    • (c) define certain terms used in this Act; and

    • (d) specify the principles for persons with regulatory roles under this Act and summarise what those roles are; and

    • (e) state the primary duty of persons who trade in food.

    • (d) state the primary duty of persons who trade in food; and

    • (e) specify the principles for persons with regulatory roles under this Act and summarise what those roles are.

    (3) Part 2 relates to risk-based measures, which are the main mechanisms under this Act for achieving the safety and suitability of food. In particular, it includes provisions that—

    • (a) provide for the classification of food sectors into 3 classes based on, among other things, the level of risk that they pose to public health; and

    • (b) specify which (if any) risk-based measure generally applies to food businesses in each of those 3 classes; and

    • (c) require certain persons who trade in food to operate under the risk-based measure that generally applies to the food sector that the person's food business is in, unless certain specified circumstances apply; and

    • (d) set out the nature, content, and effect of risk-based measures.

    (4) Part 3 contains provisions that—

    • (a) require the safety and suitability of food imported for the purpose of sale; and

    • (b) provide for the registration of importers of that food.

    (5) Part 4 contains provisions relating to recognition, the functions of territorial authorities, administration, and enforcement. In particular, it includes provisions that—

    • (a) provide for the recognition of agencies and persons for the purposes of this Act; and

    • (a) provide for the recognition of agencies, persons, and classes of persons for the purposes of this Act; and

    • (b) state the functions and duties of territorial authorities under this Act; and

    • (c) set out the principles for the recovery of the direct and indirect costs of administering this Act; and

    • (d) deal with enforcement matters, such as offences, penalties, evidentiary presumptions, the court's powers to make additional orders for effective enforcement, and the chief executive's powers to give directions.

    (6) Part 5 contains miscellaneous provisions, including provisions about exemptions from the application of this Act, delegation, review of decisions made by the chief executive or a person acting under the delegated authority of the chief executive, consultation, incorporation by reference, and transitional matters. It contains regulation-making powers that provide for, among other things, regulations about standards in relation to food, risk management tools risk-based measures, improving the safety and suitability of food, imported food, recognised agencies and recognised persons recognised agencies, persons, and classes of persons, information, offences, and administrative matters. It also contains provisions on the issuing of notices, including emergency notices.

    (7) Schedule 1 describes the food sectors that are generally subject to a food control plan.

    (8) Schedule 2 describes the food sectors that are generally subject to a national programme. A national programme is categorised into 3 levels (level 3 to 1) in descending order of risk.

    (9) Schedule 3 describes the food sectors that are generally subject to food handler guidance not required to operate under a food control plan or a national programme.

    (10) Schedule 4 sets out miscellaneous provisions relating to registrations and recognition under this Act.

    (11) Schedule 5 sets out provisions relating to the public registers that are required to be kept under this Act.

    (12) Schedule 6 sets out provisions relating to material incorporated by reference.

    (13) Schedule 7 sets out consequential amendments, repeals, and revocations.

    (14) This section is intended as a guide only.