Federal Register of Legislation - Australian Government

Primary content

A Bill for an Act to prohibit the addition of synthetic trans fatty acids to food, and for related purposes
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Registered 02 Apr 2007
Introduced Senate 26 Mar 2007

 

2004‑2005‑2006‑2007

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

Presented and read a first time

 

 

 

 

 

 

Food Safety (Trans Fats) Bill 2007

 

No.      , 2007

 

(Senator Nettle)

 

 

 

A Bill for an Act to prohibit the addition of synthetic trans fatty acids to food, and for related purposes

  

  

  


Contents

1............ Short title............................................................................................ 2

2............ Commencement.................................................................................. 2

3............ Purpose etc......................................................................................... 2

4............ Definitions.......................................................................................... 2

5............ Prohibition—corporations.................................................................. 3

6............ Operation of State and Territory Laws.............................................. 3

 

 

A Bill for an Act to prohibit the addition of synthetic trans fatty acids to food, and for related purposes

The Parliament of Australia enacts:

 

1  Short title

                   This Act may be cited as the Food Safety (Trans Fats) Act 2007.

2  Commencement

                   This Act commences one year after the day on which it receives the Royal Assent.

3  Purpose etc.

             (1)  The purpose of this Act is to prohibit, within the bounds of Commonwealth constitutional competence, the addition of synthetic trans fatty acids to foods in Australia.

             (2)  The use of the Corporations Power in this Act is specifically limited so that it does not override State legislation. Consequently this Act does not abuse the recent extensions to the Corporations Power.

             (3)  It is the intention of the Parliament that State Parliaments may adopt the provisions of this Act in their own legislation, and in the Australia New Zealand Food Standards Code.

4  Definitions

             (1)  In this Act, unless the contrary intention appears:

constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.

synthetic trans fatty acids means non‑naturally occurring fats formed by the hydrogenation of vegetable oils.

5  Prohibition—corporations

             (1)  A constitutional corporation must not manufacture, distribute, offer for sale, sell or otherwise trade in food containing synthetic trans fatty acids.

Penalty:  700 penalty units.

             (2)  A person must not manufacture, distribute, offer for sale, sell or otherwise trade in food containing synthetic trans fatty acids if that action will, or would, be likely to have the effect of causing substantial loss or damage to the business of a constitutional corporation.

Penalty:  700 penalty units.

6  Operation of State and Territory Laws

                   It is the Parliament’s intention that, where a law of a State or Territory regulates the content of synthetic trans fatty acids in food in that State or Territory, and that law is inconsistent with section 5 of this Act, the State or Territory law prevails over section 5 of this Act to the extent of the inconsistency.