Civil Liability (BYO Containers) Amendment Bill 2022 (SA)

South Australia Civil Liability (BYO Containers) Amendment Bill 2022 A Bill For An Act to amend the Civil Liability Act 1936.

Contents Part 1—Preliminary 1 Short title Part 2—Amendment of Civil Liability Act 1936 2 Insertion of Part 9 Division 11B Division 11B—Supply of food in customers' containers 74B Supplying food in customers' own containers

The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Civil Liability (BYO Containers) Amendment Act 2022.

Part 2—Amendment of Civil Liability Act 1936 2—Insertion of Part 9 Division 11B After section 74A insert: Division 11B—Supply of food in customers' containers 74B—Supplying food in customers' own containers (1) A person who sells food to a customer in a container supplied by the customer incurs no civil liability for any personal injury caused by the use of the container. (2) The immunity under subsection (1) extends to the agents and employees of the person selling the food. (3) However, the immunity does not operate— (a) if, when the food left the person's possession or control, the person knew or was recklessly indifferent to the fact that it would be unsafe or unsuitable when consumed from the container; or (b) if the use of the container was negligent; or (c) if use of the container was unlawful under any Act; or (d) if the food was subject to a recall order at the time it was sold. (4) In this section, the terms food, recall order, unsafe and unsuitable all have the same meaning as in the Food Act 2001.