New South Wales Consolidated Acts

FOOD ACT 2003 - SECT 139

139 Regulations

(1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act, including regulations for or with respect to the following--

(a) fees or charges for the purposes of a food safety scheme, including (but not limited to) licence fees and fees or charges for the provision of services in relation to the food safety scheme,

(b) fees or charges for the purposes of this Act, including (but not limited to) fees or charges for the provision of information, or for the carrying out of any inspection or analysis for the purposes of this Act or any audit of a program relating to food safety implemented in accordance with a food safety scheme (whether or not the inspection, analysis or audit is requested or agreed to), or in connection with the notification of the conduct of a food business,

(c) fees for the making of applications under this Act,

(c1) the waiver or refund of any licence fees or other fees or charges under this Act,

(d) requirements for the notification by food businesses of information relating to the conduct of those food businesses,

(e) regulating or prohibiting any activity relating to the handling or sale of food.

(2) A regulation may create an offence punishable by a penalty not exceeding 25 penalty units.

(2A) A regulation for or with respect to licence fees or other fees or charges charged for the purposes of a food safety scheme may enable the Food Authority to determine a licence fee or other fee or charge or the basis on which a licence fee or other fee or charge is to be determined.

(2B) Without limiting subsections (1) (a) and (b) and (2A), a fee or charge referred to in any of those provisions may cover the following matters--

(a) the costs of the Food Authority in administering a food safety scheme and other related provisions of this Act,

(b) the costs of the processing of applications for licences and for the grant or renewal of licences under food safety schemes,

(c) other costs of providing services in relation to a food safety scheme (whether or not the provision of the service is requested or agreed to),

(d) annual administration charges in respect of the exercise by enforcement agencies, or any class of enforcement agency, of all or specified functions under this Act in relation to food businesses that are not required to be licensed under this Act, or any class of such food businesses.

(2C) The regulations may provide for an application to be made to the Civil and Administrative Tribunal by a person for an administrative review under the Administrative Decisions Review Act 1997 of a decision, of a class prescribed by the regulations, that is made under this Act or the regulations.

(2D) The Minister is not to recommend the making of a regulation containing provisions for the purposes of subsection (2C) unless the Minister certifies that the Minister administering the Civil and Administrative Tribunal Act 2013 has agreed to the provisions.

(3) The regulations may apply, adopt or incorporate, whether wholly or in part or with or without modifications, any standard, code (except the Food Standards Code) or other document as in force from time to time or as in force at a particular time.