South Australian Current Acts

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CIVIL LIABILITY ACT 1936 - SECT 74B

74B—Supplying food in customers' own containers

        (1)         A person who sells food to a customer in a container supplied by the customer incurs no civil liability for any personal injury caused by the use of the container.

        (2)         The immunity under subsection (1) extends to the agents and employees of the person selling the food.

        (3)         However, the immunity does not operate—

            (a)         if the use of the container by the person selling the food was negligent; or

            (b)         if use of the container was unlawful under any Act; or

            (c)         if the food was subject to a recall order at the time it was sold.

        (4)         In this section, the terms "food" and "recall order have the same meaning as in the Food Act 2001 .



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