Food Bill

189 Issue and cancellation of infringement notices

  • (1) An infringement notice may be served on a person if a food safety officer—

    • (a) observes the person committing an infringement offence; or

    • (b) reasonably believes that the person is committing an infringement offence; or

    • (c) reasonably believes that the person has committed an infringement offence.

    (2) An infringement notice may be cancelled by a food safety officer if—

    • (a) the interests of justice require cancellation; and

    • (b) neither the particulars of a reminder notice nor a notice of hearing relating to the infringement notice has been filed in a District Court.

    (3) An infringement notice is cancelled by the service of a cancellation notice.

    (4) An infringement notice or a cancellation notice may be served by a food safety officer personally delivering it to the person alleged to have committed the infringement offence. A different food safety officer from the one who issued the notice may deliver the notice and the notice served may be a copy.

    (5) Alternatively, an infringement notice or a cancellation notice may be served by post addressed to,—

    • (a) if the person is a natural person,—

      • (i) the address of the person's last-known place of residence; or

      • (ii) the address on the person's driving licence; or

      • (iii) the person's address on the latest electoral roll; or

      • (iv) the person's last-known registered address, if the person has or has had a registered address for any purpose; or

      • (v) the person's address in the latest telephone directory; or

      • (vi) the address of the person's last-known place of business; or

    • (b) if the person is not a natural person,—

      • (i) the person's last-known registered address, if the person has or has had a registered address for any purpose; or

      • (ii) the person's address in the latest telephone directory; or

      • (iii) the address of the person's last-known place of business.

    (6) For the purposes of the Summary Proceedings Act 1957, an infringement notice or a cancellation notice served under subsection (5) is treated as having been served on the person when it was posted.