Northern Territory Consolidated Acts

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FOOD ACT 2004 - SECT 141

Savings: samples taken and items seized under repealed Food Act

    (1)     A sample of food obtained under section 16 of the repealed Food Act is, on and after the commencement of Part 8, Divisions 1 and 2:

        (a)     if the sample has not been analysed – taken to be, and this Act applies to it and it may be dealt with under this Act as if it were, a sample of food obtained under and in accordance with Part 8, Division 1 and submitted for analysis in accordance with Part 8, Division 2; and

        (b)     if the sample has been analysed – taken to have been analysed under and in accordance with Part 8, Division 2 of this Act, and the analyst who analysed the sample is taken to have been an approved analyst and the report of that analyst in respect of the sample under section 20 of the repealed Food Act is taken to be, and this Act applies to it and it may be dealt with under this Act as if it were, a certificate of analysis given under and in accordance with section 93.

    (2)     Subject to subsection (3), an article that was seized under the repealed Food Act and was, immediately before the commencement of Part 6, being detained under the repealed Food Act by or at the direction of an authorized officer is, on and after that commencement, taken to be, and this Act applies to it and it may be dealt with under this Act as if it were, a substance or thing seized under Part 6, Division 1.

    (3)     Any notice of the seizure and detention of an article given by an authorized officer under section 24 of the repealed Food Act is, on and after the commencement of Part 6, taken to be and to have effect, and this Act applies to it and it may be dealt with under this Act, as if it were written notification given under and in accordance with section 58.



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