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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Civil Liability (Food Donors and Distributors) Amendment
Bill 2008
A BILL FOR
An Act to amend the Civil Liability Act 1936.
Contents
Part 1—Preliminary
1 Short
title
2 Commencement
3 Amendment provisions
Part 2—Amendment of Civil Liability
Act 1936
4 Insertion of Part 9 Division 11A
Division 11A—Food donors and distributors
74A Food
donors and distributors
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Civil Liability (Food Donors and
Distributors) Amendment Act 2008.
This Act will come into operation on a day to be fixed by
proclamation.
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 11A
After section 74 insert:
Division 11A—Food donors and
distributors
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.