Parliament 2004-2005-2006-2007
The of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Food Safety (Trans Fats) Bill 2007
No. , 2007
(Senator Nettle)
A Bill for an Act to prohibit the addition of
synthetic trans fatty acids to food, and for related
purposes
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1 Short title ........................................................................................... 1
2 Commencement ................................................................................. 1
3 Purpose etc......................................................................................... 1
4 Definitions ......................................................................................... 2
5 Prohibition--corporations ................................................................. 2
6 Operation of State and Territory Laws .............................................. 2
i Food Safety (Trans Fats) Bill 2007 No. , 2007
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synthetic trans fatty acids to food, and for related
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purposes
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The Parliament of Australia enacts:
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1 Short title
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This Act may be cited as the Food Safety (Trans Fats) Act 2007.
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2 Commencement
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This Act commences one year after the day on which it receives
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the Royal Assent.
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3 Purpose etc.
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(1) The purpose of this Act is to prohibit, within the bounds of
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Commonwealth constitutional competence, the addition of
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synthetic trans fatty acids to foods in Australia.
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Food Safety (Trans Fats) Bill 2007 No. , 2007 1
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(2) The use of the Corporations Power in this Act is specifically
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limited so that it does not State override legislation. Consequently
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this Act does not abuse the recent extensions to the Corporations
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Power.
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(3) It is the intention of the Parliament that State Parliaments may
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adopt the provisions of this Act in their own legislation, and in the
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Australia New Zealand Food Standards Code.
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4 Definitions
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(1) In this Act, unless the contrary intention appears:
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constitutional corporation means a corporation to which
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paragraph 51(xx) of the Constitution applies.
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synthetic trans fatty acids means non-naturally occurring fats
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formed by the hydrogenation of vegetable oils.
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5 Prohibition--corporations
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(1) A constitutional corporation must not manufacture, distribute, offer
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for sale, sell or otherwise trade in food containing synthetic trans
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fatty acids.
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Penalty: 700 penalty units.
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(2) A person must not manufacture, distribute, offer for sale, sell or
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otherwise trade in food containing synthe...