413Overview of transitional provisions

1. This section describes the general scheme and effect of the transitional provisions contained in this subpart. It is by way of explanation only and does not limit or affect the other provisions of this Act.

2. The Food Act 1981 is repealed by section 420. See that section and section 2 for the staggered commencement of the repeal of different provisions of that Act.

3. Repealed

4. Each food sector will have an authorised period to make the transition from the requirements of the Food Act 1981 and the Food Hygiene Regulations 1974 to the new requirements of this Act. That period will start on the relevant appointed date and end on a date that the Governor-General, by Order in Council, may specify by regulations made under this Act. The effect of allowing an authorised transition period for each food sector is intended to provide food businesses across the entire food industry with a staggered and orderly transition to the new requirements of this Act.

5. A food business that is subject to the Food Hygiene Regulations 1974 immediately before the relevant appointed date may do any of the following during the authorised transition period for the food sector that the food business is in:

6. comply with the Food Hygiene Regulations 1974; or
7. choose to operate under the applicable risk-based measure for its food sector; or
8. choose to operate under a food control plan, if a food control plan is not the applicable risk-based measure for its food sector; or
9. choose not to operate under a food control plan or a national programme if the food business is wholly within 1 or more of the food sectors specified in Schedule 3.

10. A food safety programme under the Food Act 1981 that is current immediately before the relevant appointed date is deemed to be a food control plan under this Act. A food business to which the deemed food control plan relates or applies may operate under it until the end of the authorised transition period for the food sector that the food business is in. At the end of the authorised transition period, the food business must operate under the applicable risk-based measure for its food sector unless the food business is wholly within 1 or more of the food sectors specified in Schedule 3. Alternatively, it may choose to operate under a food control plan, if a food control plan is not the applicable risk-based measure for its food sector.

11. A food business that is not in existence immediately before the relevant appointed date and that only starts to operate on or after that date must operate under the applicable risk-based measure (if any) for its food sector. Alternatively, it may choose to operate under a food control plan, if a food control plan is not the applicable risk-based measure for its food sector.

12. On the close of 3 years after the relevant appointed date for subsection (4), this Act's introductory period ends, unless extended to a date up to 2 years later by regulations made under this Act. By the end of this Act's introductory period, every food business must be operating under the applicable risk-based measure (if any), unless an exemption under this Act applies to the food business.