WA Food Bill & QLD Food Act: State(s) of Progress
© FoodLegal, March 2006.
The Food Bill 2005 (WA) was introduced into the Legislative Assembly and received its second reading speech on 23 November 2005. The Bill would repeal Part VIII of the Health Act 1911 and other parts of that Act that currently regulate food safety in Western Australia.
Objects of then WA Bill
The stated objects of the WA Bill are:
Comparison with other States' legislation
The WA Bill adopts the uniform model provisions for food offences and emergency powers but differs from the model in provisions relating to administration and procedural/evidentiary requirements.
Rather than setting up a single authority like the NSW and Victorian Acts, the WA Bill confers power on ‘enforcement agencies’ which comprise local government, persons and bodies prescribed under the regulations, and the CEO of the department responsible for administering the legislation. The CEO’s main functions under the Bill are to ensure compliance with the Act and to provide recommendations to the Minister.
The Queensland Food Act 2006 (which received assent on 22 February 2006 and has not yet been proclaimed) provides a similar regime to the WA Bill. A single authority is not set up by the Act. Instead, enforcement of the Act falls upon the chief executive and State and local governments.
Effects of the WA Bill
The effects of the WA Bill include:
 The Food Act 2003 (NSW) sets up the NSW Food authority, which is now responsible for both food and health regulation. Similarly the Food Act 1984 (Vic) establishes the Food Council in Victoria.
This is general information rather than legal advice and is current as of 10 Mar 2006. We therefore recommend you seek legal advice for your particular circumstances if you want to rely on advice or information to be a basis for any commercial decision-making by you or your business.