New South Wales Consolidated Acts

FOOD ACT 2003 - SECT 133A

133A Register of information about penalty notices

(1) The Food Authority may keep a register of information about penalty notices issued for alleged offences under this Act or the regulations relating to the handling or sale of food (the
"register of penalty notices" ).

(2) The register may contain any of the following information--

(a) the name of any person served with a penalty notice for an alleged offence under this Act or the regulations relating to the handling or sale of food,

(b) the name and address of the place of business at which the offence is alleged to have been committed, including the local government area in which it is located,

(c) the name and address of the usual place of business of the person,

(d) the trade name under which the person trades,

(e) if the person is a company, the name of the chief executive officer and any director of the company,

(f) a description of the nature and circumstances of the alleged offence, including the short title of the offence,

(g) the date, time and place of the alleged offence,

(h) the penalty notice infringement number,

(i) the amount payable under the penalty notice,

(j) the date the penalty notice was served,

(k) the enforcement agency or other body under the direction of which, or on behalf of whom, the penalty notice was served,

(l) the status of the penalty notice (that is, particulars of whether the penalty notice has been fully or partly paid, whether a penalty notice enforcement order under Part 3 of the Fines Act 1996 has been issued in respect of the penalty notice or whether the penalty notice is unresolved),

(m) such other information of a general nature in relation to matters connected with food safety or other interests of consumers in food as the Food Authority thinks necessary.

(3) Information relating to a penalty notice served on a person is not to be published on the register unless--

(a) the amount payable under the penalty notice has been fully or partly paid, or

(b) a penalty notice enforcement order under Part 3 of the Fines Act 1996 has been issued in respect of the penalty notice, or

(c) at least 70 days has elapsed since the penalty notice was served and the penalty notice is unresolved.

(4) For the purposes of this section, a penalty notice is
"unresolved" until one of the following occurs (whichever happens first)--

(a) the amount payable under the penalty notice is paid (in part or in full),

(b) a penalty notice enforcement order under Part 3 of the Fines Act 1996 has been issued in respect of the penalty notice,

(c) an election is made by the person served with the penalty notice to have the matter determined by a court in accordance with Part 3 of the Fines Act 1996 ,

(d) a decision is made by the enforcement agency or other body under the direction of which, or on behalf of whom, the penalty notice was issued not to enforce the penalty notice,

(e) a penalty reminder notice in respect of the offence is withdrawn under the Fines Act 1996 .

(5) The register of penalty notices may be kept in such form as the Food Authority considers appropriate.