Page 3708 - Week 12 - Thursday, 21 October 1993
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The majority of powers conferred by this Bill are already available in existing legislation. Where this Bill differs is in providing far more detail as to how these powers can be used. For example, the powers of health officers are currently contained in the Public Health (Sale of Food and Drugs) Regulations, which were adopted in the thirties. However, the lack of guidance provided by this dated legislation as to the extent of powers conferred on officers has led to confusion by both government and industry. Under existing legislation, a health inspector can seize articles and things, but there are no provisions to explain what happens to the seized goods, nor are there remedies available to provide compensation for wrongful seizure. The Food (Amendment) Bill (No. 2) 1993 requires a notice containing all relevant details to be given to the owner or person in charge at that time, and provides for right of redress to the owner and applicable compensation should a court subsequently disallow a seizure.
This Bill addresses the powers of health officers by defining the term "health officer", detailing rights of entry to specific types of premises, and specifying the powers available to the health officer after entry to a premises has been effected. In effect, this third stage provides the legal support to implement the first two stages. At the same time, it contains provisions to respect the civil liberties of individuals and corporations. The Bill's secrecy provisions protect information and records obtained by health officers from being divulged to other persons, except under certain circumstances, including my discretion in the public interest. Therefore, in line with current community standards, there are far more safeguards against abuse of power by enforcement officers and provision of far more accessible appeal provisions. To prevent any confusion on the part of operators of food premises or the public, health officers are required to carry identity cards containing a recent photograph.
In the sensitive area of officers obtaining information, existing legislation is ambiguous in that it does not permit or prohibit officers using modern recording devices such as videos or even cameras. This has hampered officers, but is resolved by provisions in the Bill which confer the necessary powers. Entry to food premises or premises where records relating to food for sale are kept can be without notice or consent, which is consistent with food legislation both interstate and overseas. Entry to premises other than food premises must be by consent or search warrant, except in emergency situations.
Along with clearly defining the powers of health officers, the new legislation has expedited the implementation of the food standards code and will enable departmental resources to be used effectively and efficiently. In its final clauses, this Bill consolidates the three stages of the legislation into one Act by placing each part and division into its correct place within the whole. The Bill also allows for the renumbering of sections to reflect this consolidation.
This final stage of the upgraded food legislation is an essential component of the modernisation of the whole food regulation package and will place the ACT at the forefront of food regulation in the country. I present the explanatory memorandum to the Bill.
Debate (on motion by Mrs Carnell) adjourned.
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