§ 103 — Deployment of untrained food workers

103.—(1) A person commits an offence if —(a)

the person is the holder of a food business licence for a licensable food business;

(b)

the person causes or allows an individual to carry out any work as a food worker in the course of the operations of the licensable food business;

(c)

the individual is not registered as a food worker, generally or in respect of that licensable food business; and

(d)

the person knows, or ought reasonably to know, that the individual is not registered as a food worker, generally or in respect of that licensable food business.

(2) An individual commits an offence if —(a)

the individual is the holder of a food business licence for a licensable food business;

(b)

the individual carries out any work as a food worker in the course of the operations of the licensable food business;

(c)

the individual is not registered as a food worker, generally or in respect of that licensable food business; and

(d)

the individual knows, or ought reasonably to know, that he or she is not registered as a food worker, generally or in respect of that licensable food business.

(3) A person who is guilty of an offence under subsection (1) or (2) shall be liable on conviction —(a)

where the person is an individual —(i)

to a fine not exceeding $15,000 or to imprisonment for a term not exceeding 6 months or to both; or

(ii)

where the individual is a repeat offender — to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 12 months or to both; or

(b)

where the person is not an individual —(i)

to a fine not exceeding $30,000; or

(ii)

where the person is a repeat offender — to a fine not exceeding $60,000.

(4) In subsection (3), “repeat offender”, in relation to an offence under this section, means a person who —(a)

is convicted, or found guilty, of such an offence (called the current offence); and

(b)

has been convicted or found guilty, on at least one other earlier occasion within the period of 5 years immediately before the date on which the person is convicted or found guilty of the current offence, of an offence under this section.

—(1) A person commits an offence if —(a)

the person is the holder of a food business licence for a licensable food business;

(b)

the person causes or allows an individual to carry out any work as a food worker in the course of the operations of the licensable food business;

(c)

the individual is not registered as a food worker, generally or in respect of that licensable food business; and

(d)

the person knows, or ought reasonably to know, that the individual is not registered as a food worker, generally or in respect of that licensable food business.

(2) An individual commits an offence if —(a)

the individual is the holder of a food business licence for a licensable food business;

(b)

the individual carries out any work as a food worker in the course of the operations of the licensable food business;

(c)

the individual is not registered as a food worker, generally or in respect of that licensable food business; and

(d)

the individual knows, or ought reasonably to know, that he or she is not registered as a food worker, generally or in respect of that licensable food business.

(3) A person who is guilty of an offence under subsection (1) or (2) shall be liable on conviction —(a)

where the person is an individual —(i)

to a fine not exceeding $15,000 or to imprisonment for a term not exceeding 6 months or to both; or

(ii)

where the individual is a repeat offender — to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 12 months or to both; or

(b)

where the person is not an individual —(i)

to a fine not exceeding $30,000; or

(ii)

where the person is a repeat offender — to a fine not exceeding $60,000.

(4) In subsection (3), “repeat offender”, in relation to an offence under this section, means a person who —(a)

is convicted, or found guilty, of such an offence (called the current offence); and

(b)

has been convicted or found guilty, on at least one other earlier occasion within the period of 5 years immediately before the date on which the person is convicted or found guilty of the current offence, of an offence under this section.