Review of the Food Act 2008 (WA) and Food Regulations 2009 (WA)

The Food Unit has commenced work on a project to review theFood Act 2008 (WA) (external site) (the Food Act) and Food Regulations 2009 (WA) (external site) (the Food Regulations).

Section 146 of the Food Act requires that, “the Minister must carry out a review of the operation and effectiveness of this Act as soon as practicable after the fifth anniversary of the commencement of this section” (the Food Act came into operation on 23 October 2009) and “the Minister must prepare a report based on the review and, as soon as practicable after the report is prepared, must cause it to be laid before each House of Parliament.”

This review is intended to fulfil the requirements of section 146 of the Food Act and will:

  • examine and report on the operation and effectiveness of the Food Act
  • examine and report on the operation and effectiveness of the Food Regulations made under Section 144 of the Food Act
  • make recommendations on amendments to the Food Act and the Food Regulations, if necessary, based on best practice in other states and territories in Australia and on the results of stakeholder consultation
  • consider measures that will strengthen existing legislation in order to ensure the objects of the Food Act as set out in Section 3 are met.

The Project will use the following methodology:

  • Reconvene the WA Food Alliance Working Group to assist in the preparation of a discussion paper.
  • Research implementation issues and relevant comments collected to date.
  • Liaise with relevant State Government departments.
  • Prepare a Food Act Review Discussion Paper.
  • Release, circulation and distribution of the discussion paper with an invitation to key stakeholders to provide comments.
  • Targeted statewide presentations, based on reasonable requests, to explain and generate interest in the discussion paper.
  • Collection and analysis of submissions received and report on the outcomes of the consultation.
  • Preparation of a review report incorporating information on the effectiveness of the Food Act and Food Regulations, a summary of the consultation process and themes arising from the submissions, analysis of current Australian best practice and recommendations on action that could be taken to improve the operation and effectiveness of the Food Act and the Food Regulations.
  • Submission of the review report to the Assistant Director General, Public health Department of Health with a recommendation to refer to the Minister for Health for submission to Parliament.

This page will be updated periodically as the project unfolds.

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