Food Act 2014

Provisions relating to recognition, territorial authorities, administration, and enforcement - Offences - Infringement offences

218: Proceedings for infringement notices

You could also call this:

"What happens if you break a food rule and get taken to court or given a fine notice"

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If you are alleged to have committed an infringement offence, this section of the law applies to you. You may be taken to court by filing a charging document under section 14 of the Criminal Procedure Act 2011. Alternatively, you may be served with an infringement notice as provided in section 219 and the rules in section 21 of the Summary Proceedings Act 1957 will apply to you.

If you are taken to court in the first way, you do not need a District Court Judge or Registrar to give permission under section 21(1)(a) of the Summary Proceedings Act 1957. You will still have to go through the court process. The court will follow the usual rules to deal with your case.

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Part 4Provisions relating to recognition, territorial authorities, administration, and enforcement
Offences: Infringement offences

218Proceedings for infringement notices

  1. This section applies when a person is alleged to have committed an infringement offence.

  2. The person may—

  3. be proceeded against by filing a charging document under section 14 of the Criminal Procedure Act 2011; or
    1. be served with an infringement notice as provided in section 219 and, in that case, section 21 of the Summary Proceedings Act 1957 applies with all necessary modifications.
      1. Proceedings commenced in the way described in subsection (2)(a) do not require leave of a District Court Judge or Registrar under section 21(1)(a) of the Summary Proceedings Act 1957.