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In forceUpdated to 1 Jul 2026
Contents

Part 7 · Food Safety and Sustainable Primary Production Measures

130. Direction relating to food workers in licensable food business

(1)

Where the Director‑General reasonably believes that —

(a)

an individual who is a food business licensee carrying on a licensable food business; or

(b)

an individual employed or engaged as a food worker by a food business licensee in connection with a licensable food business carried on by the licensee,is engaging or has engaged in conduct, in the course of carrying on that licensable food business, that is a contravention of or that constitutes non‑compliance with an applicable requirement of this Act relating to the handling of food intended for supply, the Director‑General may give a direction described in subsection (2) or (3) to all or any of the following:

(c)

the food business licensee who is a proprietor of the licensable food business (whether or not an individual);

(d)

the individual;

(e)

any other individual employed or engaged as a food worker by the food business licensee in connection with the same licensable food business.

(2)

A direction under this section may require —

(a)

a particular individual or particular individuals employed or engaged as a food worker or food workers in connection with a licensable food business to do one or more of the following within a period stated in the direction:

(i)

to stop handling food in the course of the licensable food business;

(ii)

to undergo training or retraining in food safety and food handling specified by the Director‑General, and be assessed as competent in each subject of the training or retraining;

(iii)

to alter or improve the method of handling of food by that individual while in the course of the licensable food business; or

(b)

a food business licensee to do one or more of the following within a period stated in the direction:

(i)

to take specified steps to change or improve the method of handling food by food workers in the course of carrying on the licensee’s licensable food business;

(ii)

to stop one or more individuals handling food in the course of the licensee’s licensable food business if the individual is given a direction described in subsection (3), until the individual complies with the direction he or she is given.

(3)

A direction under this section may also require a particular individual as follows:

(a)

to stop handling food in the course of a licensable food business unless or until he or she —

(i)

is diagnosed by a medical practitioner as not suffering from a prescribed infectious disease or other condition that is liable to render food handled as unsafe or unsuitable; or

(ii)

is immunised against a prescribed infectious disease;

(b)

to engage in conduct, or to refrain from engaging in conduct, specified in a direction relating to his or her personal hygiene and health practices when handling food as a food worker employed or engaged in a licensable food business, including (but not limited to) —

(i)

not expectorating;

(ii)

wearing an attire or accessory for the purpose of protecting food that he or she handles against contamination; and

(iii)

ensuring that the individual is, or his or her clothing is kept, in a clean and sanitary condition.

(4)

A direction under this section must be for all or any of the following purposes:

(a)

to ensure the continued competence of a particular individual or particular individuals employed or engaged as a food worker or food workers in a licensable food business in handling food in such a way that does not make the food unsafe or unsuitable, or likely to be unsafe or unsuitable;

(b)

to minimise or prevent the future personal conduct of a particular individual or particular individuals that makes or is likely to make food unsafe or unsuitable when the individual is or individuals are employed or engaged as a food worker or food workers in a licensable food business.

(5)

An individual who is registered as a food worker by the Agency ceases to be registered when the registration expires or a direction is earlier given to the individual under this section.

Part 8

Offences Relating to Food Safety

Part 9

Food and Health Promotion

Part 10

Misleading or Deceptive Conduct and Other Marketing Offences

Part 11

Certain Agri-Food Production Inputs

Part 12

Appeals

Part 13

Monitoring and Enforcement

Part 14

Administration

Part 15

Regulations and Codes

Part 16

Miscellaneous

Part 17

Amendments to Other Acts and Final Provisions

Schedules