Section 103 — Deployment of untrained food workers

(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.