[BIL177-A.HAA]

House of Assembly No. 163

[As laid on the table and read a first time, 25 June 2003]

South Australia

[Prepared by the Parliamentary Counsel on the instructions of D. McFetridge, M.P.]

FOOD (DOGS IN OUTSIDE EATING AREAS) AMENDMENT BILL 2003

A Bill For

An Act to amend the Food Act 2001.

[OPC-HA]

Contents

Part 1—Preliminary

1.Short title

2.Amendment provisions

Part 2—Amendment of Food Act 2001

3.Insertion of section 112A

112A.Dogs in outside eating areas

The Parliament of South Australia enacts as follows:

Part 1—Preliminary

Short title

1. This Act may be cited as the Food (Dogs in Outside Eating Areas) Amendment Act 2003.

Amendment provisions

2. 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 Food Act 2001

Insertion of section 112A

3. After section 112 insert:

Dogs in outside eating areas

112A. (1) A person who handles food in an outside area cannot be taken to be in breach of any provision of this Act, or of any requirement imposed by or under this Act, by virtue only of the fact that he or she is handling the food while a dog is present in the outside area if the following conditions are satisfied:

(a)the dog is under the control of a person who is present in the outside area;

(b)the dog is restrained by a lead that is not more than 2.5 metres in length;

(c)the person in control of the dog did not enter the outside area through a part of the premises that is not an outside area.

(2) In this section—

"dog" means an animal of the species canis familiaris;

"outside area" means any area that is not completely or substantially enclosed by a solid ceiling or roof and solid walls or windows (disregarding doorways, passageways and internal wall openings).

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