Assignment Task :
Part A: Australia’s legislative framework – a critical review of outcome based legislation
Provide a brief overview of Australia’s legislative framework which underpins the implementation of environmental health legislation. With a focus on the Australian food regulatory system critically analyse the implications of the shift from prescriptive based legislation to outcome based legislation, particularly for local government environmental health practitioners. For example, what are the key implications for achieving compliance with outcome based legislation as opposed to prescriptive based approaches? Do you consider an outcome based approach to food safety legislation has been successful in improving public health outcomes? Why or Why not? To support your answer provide an example of a legislative provision which is outcome based and a legislative provision which is prescriptive.
Part B: Assessment of regulatory provisions and an analysis of regulatory options to effectively implement environmental health legislation.
Refer to Section 16 of the Food Act 1984 (Vic) below and
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.
Provide concise answers to the following questions:
a. Explain what steps you take to would interpret this section
b. Is the above provision a statutory duty or power or offence provision? Why?
c. What is the difference between a code and a regulation?
d. What type of offence is this and why?
e. Identify the elements of this offence.
f. What level of proof is required to prove this offence?
g. 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.
h. 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.
i. If the matter proceeded to court, which court would hear the matter?
j. 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?
k. Are there any defences available to a person who committed an offence under Section 16 of the Food Act 1984? Please explain your answer
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