Commonwealth Consolidated Acts

FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991 - SECT 151

  (1)   No civil or criminal proceeding, and no action or suit of any other kind, lies against any of the following:

  (a)   the Commonwealth;

  (b)   a member of the Board;

  (c)   a person assisting the Authority in the performance of its functions;

in relation to any loss or injury directly or indirectly sustained by a person because of the consumption of, or other dealing with, food.

  (1A)   No civil or criminal proceeding, and no action or suit of any other kind, lies against any of the following:

  (a)   the Commonwealth;

  (b)   a member of the Board;

  (c)   a person assisting the Authority in the performance of its functions;

in relation to anything done, or not done, by the Authority or the person in the performance of functions or the exercise of powers under this Act, provided that the Authority or the person (as the case requires) acts honestly and reasonably in doing, or not doing, that thing.

  (2)   In an action against a person in relation to any loss or injury directly or indirectly sustained because of the consumption of, or other dealing with, food, it is not a defence to that action that:

  (a)   a standard has come into effect; or

  (b)   a standard has been adopted, or taken to have been adopted, and published;

in respect of that food and that the food complies with the standard.