Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered Regulations(a) by omitting from paragraphs (1) (a), (b) and (f) “under these Regulations”;
(b) by omitting subregulations (3) to (6) (inclusive) and substituting the following subregulations:
“(3) Where an inspector or authorised officer takes and removes food or drugs for analysis he or she shall at the time notify his or her intention of having the article or sample analysed to any person then present apparently in charge of the article.
“(4) Where an inspector or authorised officer has notified his or her intention to take an article or sample in accordance with subregulation (3), the article or sample shall be regarded for the purposes of these Regulations as having been sold.
“(5) A person who refuses to permit an inspector or authorised officer to take a sample is guilty of an offence.
“(6) An inspector or authorised officer shall—
(a) take samples in accordance with any applicable standard; or
(b) where there is no applicable standard, take samples in accordance with this regulation.
“(6A) Where a sample is not taken in accordance with an applicable standard, the inspector or authorised officer shall—
(a) divide the sample into 3 parts;
(b) label and seal each part in such a manner as its nature permits;
(c) deliver 1 part to the owner, agent, servant or person in charge of the article;
(d) retain 1 part for a future comparison; and
(e) submit 1 part to an analyst appointed by the Minister.
“(6B) Where—
(a) an article is contained in a package; and
(b) the division of the article into 3 parts would not yield parts sufficient for accurate analysis;
the inspector or authorising officer may take sufficient other packages containing articles of that kind and mix the articles together.
“(6C) Articles mixed in accordance with subregulation (6B) shall be taken to be a sample for the purposes of this regulation.
“(6D) For the purposes of subregulations (6A) and (6B), where articles are in packages, a sample may be constituted by 1 or more packages.
“(6E) Subject to subregulation (6B), where a sample is constituted by more than 1 package, a part into which the sample may be divided under subregulation (6A) may consist of 1 or more packages.”;
(c) by omitting from subregulation (8) “in accordance with this Regulation” and substituting “otherwise than in accordance with an applicable standard”;
(d) by inserting in subregulation (8) “or her” after “his”; and
(e) by adding at the end the following subregulation:
“(9) In this regulation—
‘prohibited' means prohibited under—
(a) these Regulations; or
(b) the Food Act 1992 .”.