Health and Environmental Law

Assignment Task:

Refer to Section 16 of the Food Act 1984 (Vic) below and respond to Part A and Part B. Section 16 Compliance with Food Standards Code
(1) A person must comply with any requirement imposed on the person by a provision of the Food Standards Code in relation to the conduct of a food business or to food intended for sale or food for sale.

Penalty: $40 000 in the case of an individual and $200 000 in the case of a corporation.

Part A: Please provide short answers to the following

1. Explain what steps you take to would interpret this section (hint: refer to Richards E, 2002 ‘A time to review statutory training in Statutory Decision Making' Environmental Health, vol.2, pp. 11-20)

2. Is the above provision a statutory duty or power or offence provision? Why?

3. What is the difference between a code and a regulation?

4. What type of offence is this and why?

5. Identify the elements of this offence.

6. What level of proof is required to prove this offence?

7. Select a relevant standard from the Food Standards Code to illustrate your answer to the following.

i. What are the main requirements of this standard ( i.e. what does the food proprietor need to do to comply with this standard)

ii. List the different types of evidence you could gather to prove a breach of the standard you have selected.

8. What are the mechanisms available to deal with a contravention of Section 16 of the Food Act 1984? Include in your answer who can enforce each mechanism.

9. If the matter proceeded to court, which court would hear the matter?

10. Before proceeding to court, you issue a notice pursuant to section 19 of the Food Act 1984. Could the notice be challenged by "Administrative review"? Why or why not?

11. Are there any defences available to a person who committed an offence under Section 16 of the Food Act 1984? Please explain your answer.

12. What factors may impact on the discretion to prosecute for a non-compliance with the above section?
Part B (500-1000 words)

Swinburne University of Technology Faculty of Health Arts and Design School of Health Sciences

Discuss the differences between a ‘harm, risk, outcome and prescriptive approach' to legislation. Use an example from a relevant Act to illustrate your response.

Please reference your response to Part B using the Harvard Style. You are not expected to reference your responses to Question 1.

Assignment Instructions:

All answers must be typewritten.

Upload a signed cover sheet (available from Blackboard under ‘Assessment')

Provide the question and number for your response

Use 1.5 line spacing 11 or 12 font (Arial or Times New Roman preferred)

Keep a copy for later verification if required

Include a footer stating your name and student number

Number pages

Refer to the appropriate readings from the lectures to support your answers as necessary, ensuring they are correctly referenced according to the Harvard Style.