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Contents (2003 - 43)
Food Act 2003 No 43
Current version for 7 July 2017 to date (accessed 19 November 2017 at 17:58)
Part 9 Division 5
Division 5 Finance
117A   Food Authority Fund
(1)  There is to be established in the Special Deposits Account a Food Authority Fund (the Fund) into which is to be paid:
(a)  all money advanced to the Food Authority by the Treasurer or appropriated by Parliament for the purposes of the Food Authority, and
(b)  all money directed or authorised to be paid into the Fund by or under this or any other Act, and
(c)  the proceeds of the investment of money in the Fund, and
(d)  all money received by the Food Authority under this Act from any other source.
(2)  The Fund is to be applied for the purposes of enabling the Food Authority to exercise its functions under this Act and, in such cases as the Food Authority determines, enabling another enforcement agency to exercise its functions under this Act.
(3)  All expenditure incurred by the Food Authority under this Act is to be paid from the Fund.
(4)  A separate account is to be maintained in the Fund in relation to each levy under section 117C imposed in respect of a particular industry or sector of industry.
117B   Investment
The Food Authority may invest money held by it:
(a)  in the manner authorised by the Public Authorities (Financial Arrangements) Act 1987, or
(b)  if that Act does not confer power on the Food Authority to invest the money, in any other manner approved by the Minister with the concurrence of the Treasurer.
117C   Industry levies
(1)  The Food Authority may levy a contribution towards the cost of the administration of this Act on any person, or member of a class of persons, who is subject to the requirements of a food safety scheme, but only if authorised to do so by the provisions of a food safety scheme.
(2)  A levy under this section is to be of an amount, or calculated on a basis, specified in the relevant food safety scheme.
(3)  The Food Authority is to ensure, as far as is reasonably practicable, that money received from levies imposed under this section in relation to an industry or sector of industry that is subject to a food safety scheme is not used to cross-subsidise the expenses of the Food Authority in carrying out its functions in relation to any other industry or sector of industry that is subject to a food safety scheme.
(4)  Nothing in this section prevents a cost of a kind referred to in this section from being covered by a licence fee charged under a food safety scheme.
117D   Payment of penalties and fines into Food Authority Fund
(1)  Any monetary penalty or fine imposed for an offence under this Act or the regulations and recovered in proceedings instituted by the Food Authority is to be paid into the Food Authority Fund.
(2)  If the amount paid into the Food Authority Fund under this section in any financial year exceeds the maximum amount for the financial year, the amount of the excess is to be paid into the Consolidated Fund.
(3)  The maximum amount for a financial year is $250,000 or, if the regulations make provision for the determination of the maximum amount for the financial year, the maximum amount determined in accordance with those regulations.
(4)  The regulations may make provision for the determination of the maximum amount for a financial year by prescribing a maximum amount for a financial year or by providing for the manner in which the maximum amount for a financial year is to be determined.
(5)  Any such regulation may be made only with the approval of the Treasurer.
(6)  In this section, a reference to proceedings instituted by the Food Authority includes:
(a)  a reference to proceedings instituted under the direction or on behalf, or for the benefit, of the Food Authority, and
(b)  a reference to penalty notices issued by or under the direction or on behalf of the Food Authority.
(7)  In this section:
financial year means the period of 12 months commencing on 1 July in any year.
fine does not include any costs (including expenses or disbursements) payable by a person under an order made by a court in proceedings for an offence under this Act or the regulations.