South Australian Current Acts

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CIVIL LIABILITY ACT 1936 - SECT 74A

74A—Food donors and distributors

        (1)         In this section, a reference to a "food donor or distributor is a reference to a person who, acting without expectation of payment or other consideration and for a charitable or benevolent purpose, donates or distributes food with the intention that the consumer of the food would not have to pay for the food and to the agents or employees of such a person.

        (2)         A food donor or distributor incurs no civil liability for loss of life or personal injury arising from consumption of the food donated or distributed.

        (3)         However, the immunity does not operate if the food donor or distributor knew or was recklessly indifferent to the fact that when the food left the possession or control of the food donor or distributor it was unsafe within the meaning of the Food Act 2001 .

        (4)         The Minister must, as soon as practicable after the second anniversary of the commencement of this section—

            (a)         cause a report to be prepared on the operation of this section; and

            (b)         cause a copy of the report to be laid before each House of Parliament.



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