§ 307 — General power to make regulations

307.—(1) Subject to subsection (4), the Agency may, with the approval of the Minister, make regulations under this Part, prescribing anything that is required or permitted to be prescribed, or is otherwise necessary or convenient for carrying out or giving effect to, under any provision of this Act.(2) When any provision of this Act confers powers on the Agency to make regulations, with the approval of the Minister, the power includes power to make regulations that —(a)

prescribe requirements that apply to licensed importers and proprietors of licensed food businesses in relation to the tracing and recalling of import-controlled items or food, including setting requirements relating to —(i)

what information must be collected;

(ii)

how, and for how long, the information must be kept; and

(iii)

what information must be kept under section 87 or 99 and given under section 89 or 101, as the case may be;

(b)

provide that any contravention of any provision of the regulations is an offence and that the penalty on conviction may be a fine not exceeding $5,000 or imprisonment for a term not exceeding 6 months or both; and

(c)

prescribe any saving, transitional, and other consequential, incidental and supplemental provisions that are necessary or expedient for regulations made under this Part.

(3) Regulations made under this Part may apply —(a)

to all forms or kinds of food, animal feed, plant pesticides, agri‑food production inputs or regulated food contact articles, or particular forms or kinds of food, animal feed, plant pesticides, agri‑food production inputs or regulated food contact articles;

(b)

in respect of the conduct of all forms of regulated activities (as defined in section 230), or particular categories of regulated activities;

(c)

in respect of all food premises, or particular categories of food premises; or

(d)

differently according to differences in time, place or circumstance.

(4) This section does not apply to or in relation to any provision of this Act that is in Part 2, 9 or 12.

—(1) Subject to subsection (4), the Agency may, with the approval of the Minister, make regulations under this Part, prescribing anything that is required or permitted to be prescribed, or is otherwise necessary or convenient for carrying out or giving effect to, under any provision of this Act.

(2) When any provision of this Act confers powers on the Agency to make regulations, with the approval of the Minister, the power includes power to make regulations that —(a)

prescribe requirements that apply to licensed importers and proprietors of licensed food businesses in relation to the tracing and recalling of import-controlled items or food, including setting requirements relating to —(i)

what information must be collected;

(ii)

how, and for how long, the information must be kept; and

(iii)

what information must be kept under section 87 or 99 and given under section 89 or 101, as the case may be;

(b)

provide that any contravention of any provision of the regulations is an offence and that the penalty on conviction may be a fine not exceeding $5,000 or imprisonment for a term not exceeding 6 months or both; and

(c)

prescribe any saving, transitional, and other consequential, incidental and supplemental provisions that are necessary or expedient for regulations made under this Part.

(3) Regulations made under this Part may apply —(a)

to all forms or kinds of food, animal feed, plant pesticides, agri‑food production inputs or regulated food contact articles, or particular forms or kinds of food, animal feed, plant pesticides, agri‑food production inputs or regulated food contact articles;

(b)

in respect of the conduct of all forms of regulated activities (as defined in section 230), or particular categories of regulated activities;

(c)

in respect of all food premises, or particular categories of food premises; or

(d)

differently according to differences in time, place or circumstance.

(4) This section does not apply to or in relation to any provision of this Act that is in Part 2, 9 or 12.