s 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.