(1)  The regulations may establish a food safety scheme.

(2)  Subject to section 10 , a food safety scheme may do any or all of the following:

(a) specify the primary produce or class of primary produce and the primary production activities or class of primary production activities to which the scheme applies;

(b) make provision for any matter relating to how and where any primary production activity under the scheme is to be carried out including, for example, matters relating to the location, design, condition and operation of any premises, vehicle or equipment used in the primary production activity;

(c) prohibit any primary production activity or class of primary production activities;

(d) specify circumstances in which a person who engages or proposes to engage in any primary production activity under the scheme must be accredited;

(e) make provision for any matter relating to the accreditation of persons who engage or propose to engage in any primary production activity under the scheme;

(f) designate for the purposes of the scheme the powers and functions of the Chief Inspector under this Act (including any powers of delegation) to a body corporate;

(g) establish a body corporate to perform the role of Chief Inspector under the scheme and make provision relating to the body corporate, including provision for the membership of the body corporate, conditions of membership, procedural matters, functions and powers, delegation, financial accounting and auditing and reporting to the Minister;

(h) specify the circumstances in which a person who engages or proposes to engage in any primary production activity under the scheme must prepare and implement a food safety program;

(i) make provision for any matter relating to the content, preparation, implementation and auditing of food safety programs required under the scheme and the approval of such programs by the Chief Inspector;

(j) make provision for any matter relating to the classification, marking or identification of primary produce under the scheme;

(k) make provision for any matter relating to the wholesomeness, sanitation, hygiene and prevention of disease or pathogens in primary produce under the scheme, and the blending or mixing of primary produce under the scheme with any other thing;

(l) make provision for any matter relating to the qualifications, skills or expertise required of a person to engage in any primary production activity, or to handle primary produce, under the scheme;

(m) make provision for any matter relating to auditing requirements under the scheme including, for example, the qualifications, skills or expertise required of a person to conduct audits under the scheme;

(n) make provision for any matter relating to the recall of primary produce under the scheme;

(o) make provision for any matter relating to the monitoring and record keeping by persons who engage in any primary production activity under the scheme, and the giving of information and returns relating to food safety matters by such persons;

(p) make provision for any matter relating to the issuing of any direction, warning or notice required to deal with any risk to public safety in relation to any primary produce or primary production activity under the scheme;

(q) make provision for any matter relating to the levy or payment of fees and charges under the scheme;

(r) make provision for any matter relating to the establishment of a public register of persons holding an accreditation under the scheme;

(s) make provision for the adoption of any program, code, standards or guidelines relevant to any primary produce or primary production activity under the scheme;

(t) make provision for any matters relating to compliance and enforcement in respect of the scheme including the creation of offence provisions;

(u) make provision for exemptions to specific persons or classes of persons from some or all of the requirements of the scheme relating to any primary produce or primary production activity under the scheme;

(v) make provision for any matter relating to the review or revision of the scheme;

(w) make provision for any other matter relating to the safety or suitability of any primary produce or primary production activity under the scheme.

(3)  A food safety scheme may provide that contravention of, or failure to comply with, the scheme or a provision of the scheme is an offence punishable by a fine –

(a) in the case of a body corporate, not exceeding 250 penalty units; or

(b) in the case of an individual, not exceeding 50 penalty units.