Food Act 2003 No 43
Current version for 8 January 2019 to date (accessed 26 May 2020 at 23:21)
Part 9 Division 1
Division 1 NSW Food Authority
107   Constitution of NSW Food Authority
(1)  There is constituted by this Act a body corporate with the corporate name of the NSW Food Authority.
(2)  The affairs of the Food Authority are to be managed by the Chief Executive Officer.
(3)  Any act, matter or thing done in the name of, or on behalf of, the Food Authority by the Chief Executive Officer, or with the authority of the Chief Executive Officer, is taken to have been done by the Food Authority.
(4)  The Food Authority is, for the purposes of any Act, a statutory body representing the Crown.
 Section 50 of the Interpretation Act 1987 provides for the powers of a statutory corporation.
108   Functions of Food Authority
(1)  The Food Authority has such functions as are conferred or imposed on it by or under this or any other Act.
(2)  In particular, the Food Authority has the following functions:
(a)  to keep under review the construction, hygiene and operating procedures of premises, vehicles and equipment used for the handling or sale of food,
(b)  to provide advice or recommendations to the Minister on the establishment, development or alteration of food safety schemes,
(c)  to regulate the handling and sale of food the subject of food safety schemes to ensure that it is safe and suitable for human consumption,
(d)  to encourage businesses engaged in the handling or sale of food to minimise food safety risks,
(e)  to undertake or facilitate the education and training of persons to enable them to meet the requirements of the Food Standards Code and food safety schemes,
(f)  to provide advice, information, community education and assistance in relation to matters connected with food safety or other interests of consumers in food,
(f1)  to make recommendations as to the maximum fees to be charged by local councils in relation to inspections carried out under section 37 by authorised officers of enforcement agencies (other than inspections in connection with premises the subject of a licence under a food safety scheme or the granting of a licence under a food safety scheme),
(g)  to carry out such research as is necessary in order to perform its other functions.
(3)    (Repealed)
109   Ministerial control of Food Authority
The Food Authority is, in the exercise of its functions, subject to the control and direction of the Minister, except in relation to the following:
(a)  the contents of any advice, report or recommendation given to the Minister,
(b)  decisions whether to grant, suspend or cancel a licence held by a particular person under the regulations,
(c)  decisions whether to institute criminal proceedings in a particular case.
109A   Staff
Persons may be employed in the Public Service under the Government Sector Employment Act 2013 to enable the Food Authority to exercise its functions.
 Section 59 of the Government Sector Employment Act 2013 provides that the persons so employed (or whose services the Authority makes use of) may be referred to as officers or employees, or members of staff, of the Authority. Section 47A of the Constitution Act 1902 precludes the Authority from employing staff.
109B   Use of consultants and contractors
The Food Authority may engage such consultants and contractors as may be necessary or convenient to exercise any of the functions of the Food Authority.
109C   Private corporations
(1)  The Food Authority may, subject to subsection (2):
(a)  form, or participate in the formation of, private corporations, and
(b)  acquire interests in private corporations, and
(c)  sell or otherwise dispose of interests in private corporations,
whether or not the activities or proposed activities of any such private corporation are related to food safety.
(2)  The Food Authority must not, without the approval of the Minister:
(a)  form, or participate in the formation of, a private subsidiary corporation, or
(b)  acquire an interest in a private corporation so that, as a result of the acquisition, the corporation becomes a private subsidiary corporation, or
(c)  sell or otherwise dispose of any interest in a private subsidiary corporation so that, as a result of the sale or disposal, it ceases to be a private subsidiary corporation.
(3)    (Repealed)
(4)  A private subsidiary corporation is not, and does not represent, the Crown.
109D   Funding of private subsidiary corporations
(1)  The Food Authority may, out of its funds:
(a)  pay for the formation of a private corporation, or for other costs incurred, under section 109C, and
(b)  with the approval of the Minister, make grants of money to a private subsidiary corporation for use in the exercise of its functions.
(2)  The Food Authority may, with the approval of the Minister, transfer any of its assets to a private subsidiary corporation.
109E   Delegation
(1)  The Food Authority may delegate to:
(a)  a member of staff of the Food Authority (whether by name or by reference to the holder of an office), or
(b)  an authorised officer, or
(c)  a private subsidiary corporation, or
(d)  the holder of an office prescribed by the regulations, or
(e)  an enforcement agency or a person holding a position prescribed by the regulations as the head of an enforcement agency,
any function of the Food Authority under this Act that is not specified in subsection (2).
(2)  The following functions of the Food Authority cannot be delegated:
(a)  the power of delegation conferred by this section,
(b)  any function under Part 3 (Emergency powers),
(c)  any function under section 111B (Conditions and limitations on exercise of functions by enforcement agencies).
(3)  A delegate may sub-delegate to a person referred to in subsection (1) any function delegated by the Food Authority if the delegate is authorised in writing to do so by the Food Authority.
(4)  A function must not be delegated under this section to an enforcement agency without the consent in writing of the enforcement agency.