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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Civil Liability (BYO Containers—Waste Avoidance)
Amendment Bill 2018
A BILL FOR
An Act to amend the
Civil
Liability Act 1936
.
Contents
Part 2—Amendment of Civil Liability
Act 1936
4Insertion of Part 9 Division 11B
Division 11B—Supplying food or beverages
in customers' own containers
74BSupplying food or
beverages in customers' own containers
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Civil Liability (BYO Containers—Waste
Avoidance) Amendment Act 2018.
This Act will come into operation on the day on which it is assented to by
the Governor.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Civil Liability
Act 1936
4—Insertion
of Part 9 Division 11B
After section 74A insert:
Division 11B—Supplying food or beverages in
customers' own containers
74B—Supplying food or beverages in customers' own
containers
(1) A person who sells
food or a beverage to a customer in the customer's own container incurs no civil
liability for loss of life or personal injury arising from consumption of the
food or beverage so sold.
(2) The immunity under
subsection (1)
extends to the agents and employees of the person selling the food or
beverage.
(3) However, the immunity does not operate if, when the food or beverage
left the person's possession or control—
(a) the person knew or was recklessly indifferent to the fact that it was
unsafe within the meaning of the
Food
Act 2001
; or
(b) the food or beverage was the subject of a product safety recall
published on the ACCC website—see
https://www.productsafety.gov.au/recalls.