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FOOD ACT 2006 - SCHEDULE 3
SCHEDULE 3 – Dictionary
"accepted representations" —
(a) for chapter 3 , part 6 —see section 80
(2) ; and
(b) for chapter 4 , part 5 —see section 119 (2) ; and
(c) for
chapter 5 , part 5 —see section 146 (2) .
"accreditation" , of a food safety program, means accreditation of the program
under this Act.
"accredited" , in relation to a food safety program, means accredited under
this Act.
"administering executive" means— (a) for a person appointed as an authorised
person by the chief executive—the chief executive; or
(b) for a person
appointed as an authorised person by a chief executive officer—the chief
executive officer; or
(c) for a person appointed as an authorised person by 2
or more chief executive officers—the chief executive officers jointly.
"advertisement" means any of the following things used or apparently used to
promote, directly or indirectly, the sale of food— (a) words, whether
written or spoken;
(b) a pictorial representation or design;
(c) any other
type of representation.
"analysis" , of food or another thing, includes an examination or testing of
the food or thing.
"appropriate auditor" , for a food business, means an auditor approved under
this Act to conduct audits of food safety programs for that type of
food business.
"approval" , in relation to an auditor, means an approval issued under chapter
5 .
"approved form" means— (a) for chapters 3 and 4—a form approved by a chief
executive officer under section 277 (2) ; or
(b) for chapters 5 and 11—a
form approved by the chief executive under section 277 (1) .
"approved laboratory" means a laboratory approved by the chief executive under
section 231 .
"audit" means a compliance audit, check audit or nonconformance audit.
"auditor" means a person approved as an auditor under chapter 5 .
"authorised person" means a person appointed as an authorised person under
section 168 .
"certificate of analysis" , for a thing, means a certificate of analysis
completed for the thing under chapter 8 , part 2 .
"check audit" , of an accredited food safety program, means an audit of the
program, other than a compliance or nonconformance audit, conducted— (a) by
an auditor who is an employee of the department after a compliance or
nonconformance audit of the program has been conducted by another auditor; and
(b) to ensure the other auditor is conducting compliance or nonconformance
audits appropriately.
"chief executive officer" means the chief executive officer of a local
government.
"chief health officer" means the chief health officer under the
Hospital and Health Boards Act 2011 , section 52 .
"commencement" — (a) for chapter 12 , part 2 , see section 280 ; or
(b) for
chapter 12 , part 3 , see section 299 .
"compensation decision" see section 241 (3) .
"compliance audit" , of an accredited food safety program, means an audit of
the program by an auditor to ensure the carrying on of the food business to
which the program relates complies with the program and the
food standards code, standards 3.2.2 and 3.2.3.
"confidential information" means information, other than information that is
publicly available— (a) about a person’s personal affairs or reputation;
or
(b) that would be likely to damage the commercial activities of a person
to whom the information relates.
"contact details" , of a person, means the person’s telephone number or
facsimile number.
"conviction" means a finding of guilt, or the acceptance of a plea of guilty,
by a court, whether or not a conviction is recorded.
"corresponding law" means a law applying, or that applied, in the
Commonwealth, another State, a Territory or a foreign country that provides,
or provided, for the same matter as this Act or a provision of this Act.
"decision maker" see section 244 (1) (a) .
"document certification requirement" see section 199 (5) .
"document production requirement" see section 199 (6) .
"equipment" means the whole or part of— (a) any utensil, machinery,
instrument, device, apparatus or appliance used, or designed or intended for
use, in connection with the handling of food; or
(b) any substance, utensil,
machinery, instrument, device, apparatus or appliance used, or designed or
intended for use, in cleaning anything mentioned in paragraph (a) .
"executive officer" , of a corporation, means a person who is concerned with,
or takes part in, the corporation’s management, whether or not the person is
a director or the person’s position is given the name of executive officer.
"exercised all due diligence" includes took all reasonable precautions.
"first local government" , in relation to the carrying on of a licensable
food business by a licensee from mobile premises, means the local government
that issued the licence to carry on the business.
"fixed premises" , for a food business, means a building or other structure,
or part of a building or other structure, that has a permanent address.
"food" see section 12 .
"food business" see section 13 .
"food safety hazard" , in relation to a food business, means a thing or a
situation that has the potential to cause food handled or sold in connection
with the food business to be unsafe or unsuitable.
"food safety program" means a documented program that identifies and controls
food safety hazards in the handling of food in a food business.
"food safety supervisor" , for a food business, means a person who— (a)
knows how to recognise, prevent and alleviate food safety hazards of the
food business; and
(b) has skills and knowledge in matters relating to food
safety relevant to the food business; and
(c) has the authority to supervise
and give directions about matters relating to food safety to persons who
handle food in the food business.
"food standards code" see section 14 .
"food vending machine" means a machine or device operated by money, token,
debit card or credit card and used, or intended for use, for the sale of food.
"forfeiture decision" see section 241 (2) .
"former regulation" , for chapter 12 , part 2 , see section 280 .
"handling" , of food, see section 15 .
"health service employee" see the Hospital and Health Boards Act 2011 ,
schedule 2 .
"holder" — (a) of an accredited food safety program—means the person to
whom the accredited program is given under this Act; or
(b) of a
licence—means the person to whom the licence is issued under this Act.
"improvement notice" see section 209 (2) .
"incorporated association" means an incorporated association under the
Associations Incorporation Act 1981 .
"information notice" , for a decision of the chief executive, a local
government or chief executive officer of a local government, means a notice
stating all of the following— (a) the decision;
(b) the reasons for the
decision;
(c) that the person to whom the notice is given may have the
decision reviewed within 28 days after the person receives the notice;
(d)
how the person may have the decision reviewed;
(e) if the decision is a
decision of a local government that a licence be cancelled or suspended—a
direction to the person to return the licence to the local government within 7
days after receiving the notice.
"intentional contamination" , for chapter 11 , part 3A , see section 271A .
"label" includes any tag, brand, mark, statement in writing, representation,
design or other descriptive matter on or attached to or used or displayed in
connection with or accompanying food or a package of food.
"licence" means a licence under this Act to carry on a licensable
food business, and includes a provisional licence.
"licensable food business" see section 48 .
"licensee" means the holder of a licence.
"management committee" , of an incorporated association, means the
association’s management committee formed under the
Associations Incorporation Act 1981 .
"manufacture" , in relation to food, see section 16 .
"meal" means food that— (a) is, or is intended to be, eaten by a person
sitting at a table, or a fixed structure used as a table, with cutlery; and
(b) is of adequate substance as to be ordinarily accepted as a meal.
"menu" , for chapter 6A , see section 164B .
"mobile premises" , for a food business, means— (a) premises that are a
vehicle from which a person sells unpackaged food by retail; or
(b) premises
that are a food vending machine.
"motor vehicle" means a vehicle propelled by a motor that forms a part of the
vehicle, and includes a trailer or caravan attached to the vehicle.
"nonconformance audit" , of an accredited food safety program, means an audit
of the program by an auditor to check that any noncompliance with the program
or the food standards code, standards 3.2.2 and 3.2.3, identified in an audit
has been remedied.
"non-profit organisation" means an organisation that— (a) is not carried on
for the profit or gain of its individual members; and
(b) is engaged in
activities for a charitable, cultural, educational, political, social welfare,
sporting or recreational purpose.
"notice" means a written notice.
"off-site catering" see section 17 .
"on-site catering" see section 18 .
"original decision" see section 236 (1) .
"package" includes a container and wrapper in or by which food intended for
sale is wholly or partly encased, covered, enclosed, contained or packed and,
if food is carried or sold or intended to be carried or sold in more than 1
package, includes each of the packages.
"personal details requirement" see section 197 (5) .
"place" includes premises and vacant land.
"place of seizure" see section 188 .
"potentially contaminated food" , for chapter 11 , part 3A , see section 271C
(1) (a) .
"potentially hazardous food" means food that must be kept at a particular
temperature— (a) to minimise the growth of pathogenic micro-organisms that
may be in the food; or
(b) to stop the formation of toxins in the food.
"premises" includes— (a) a building or other structure; and
(b) a part of a
building or other structure; and
(c) land where a building or other structure
is situated; and
(d) a vehicle; and
(e) a food vending machine.
"prescribed contaminant" , for chapter 11 , part 3 , see section 269 .
"proposed action" — (a) for chapter 3 , part 6 —see section 79 (3) (a) ;
and
(b) for chapter 4 , part 5 —see section 118 (2) (a) ; and
(c) for
chapter 5 , part 5 —see section 145 (2) (a) .
"proprietor" , of a food business, means— (a) the person carrying on the
food business; or
(b) if the person mentioned in paragraph (a) can not be
identified, the person in charge of the food business.
"provisional licence" means a provisional licence issued under section 64 .
"QCAT information notice" means a notice complying with the QCAT Act , section
157 (2) .
"ready-to-eat food" , for chapter 6A , see section 164B .
"reasonably suspects" means suspects on grounds that are reasonable in the
circumstances.
"recall order" means an order under chapter 7 , part 4 , requiring the recall
or disposal, or both, of food.
"relevant licence" , for chapter 12 , part 3 , see section 299 .
"relevant offence" means— (a) an indictable offence relating to the sale of
unsafe or unsuitable food, other than an indictable offence that is taken to
be a simple offence under the Criminal Code , section 659 ; or
(b) an offence
against this Act or the Food Act 1981 ; or
(c) an offence against a
corresponding law.
"repealed Act" means the Food Act 1981 .
"responsible person" , for chapter 11 , part 3A , see section 271A .
"review decision" see section 239 (1) .
"reviewer" see section 237 (3) .
"review notice" ...
"second local government" , in relation to the carrying on of a licensable
food business by a licensee from mobile premises, means a local government
other than the local government that issued the licence to carry on the
business.
"sell" see section 19 .
"serve" , in relation to food, means set the food out or present the food for
consumption.
"ship" means any kind of vessel or boat used to carry anything or any person
by water.
"show cause notice" — (a) for chapter 3 , part 6 —see section 79 (2) ; and
(b) for chapter 4 , part 5 —see section 118 (1) ; and
(c) for chapter 5 ,
part 5 —see section 145 (1) .
"show cause period" — (a) for chapter 3 , part 6 —see section 79 (3) (e) ;
and
(b) for chapter 4 , part 5 —see section 118 (2) (d) ; and
(c) for
chapter 5 , part 5 —see section 145 (2) (e) .
"spent conviction" ...
"standard food item" , for chapter 6A , see section 164C .
"standard food outlet" , for chapter 6A , see section 164D .
"State analyst" means a person appointed as a State analyst under section 227
.
"temporary premises" , for a food business, means premises other than fixed
premises or mobile premises, and includes, for example, a stall or a tent.
"unpackaged food" means all food, other than food that is sealed in a package
at a place other than the food business that sells it by retail in that
package.
"unsafe" see section 20 .
"unsuitable" see section 21 .
"vehicle" means anything, whether operational or not, used to carry anything
or any person by land, water or air.
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