Facing charges of Food Safety in Qld?
or
Choosing the best Food Safety lawyer in Brisbane
A charge of breaching food safety regulations under the Food Act 2006 (Qld) can result in serious consequences, including significant fines, a conviction being recorded, and effects on directorship, travel, and suspension on operating licences.
In most cases, there can also be serious reputational damage.
If you are charged, seeking legal advice early from an experienced criminal defence lawyer will make a difference to the outcome.
Call us, or fill in our Quick Enquiry form to receive a link to our free guide, 16 Things You Need to Do Now if Charged with a Criminal Offence.
Case examples of Food safety matters in Qld
AL - September 2025, Southport Magistrates Court - Fined $11,000 for 4 charges pursuant to section 51(1) of the Food Act 2006 (Qld) for contravening a condition of a licence; no conviction recorded
MZ – October 2023, Brisbane Magistrates Court – Fined $20,000 after rodent activity and hygiene failures were uncovered in the kitchen; no conviction recorded.
LT – August 2023, Brisbane Magistrates Court – Fined $15,000 for hygiene breaches and live cockroaches; no conviction recorded.
KD – June 2023, Holland Park Magistrates Court – Fined $16,000 for cockroach activity around plumbing and shelving; issues around structural issues; no conviction recorded.
CC – February 2023, Brisbane Magistrates Court – Fined $22,000 for extensive pest contamination across staff and food areas; COVID-19 financial pressures noted; no conviction recorded.
SG – August 2021, Holland Park Magistrates Court – Company and director fined $20,500 for rodent droppings, pest failures, and structural defects; premises temporarily closed; no conviction recorded.
What is a Food Safety offence?
Under the Food Act 2006 (Qld), food businesses must comply with strict regulations to ensure safe food handling, storage, preparation, and cleanliness. The Brisbane City Council is responsible for enforcing these laws through inspections and audits to identify businesses that fail to meet the required standards.
Common food safety offences include:
Failing to maintain a clean and hygienic food preparation area
Poor food handling and storage practices
Pest infestations within a food business
Selling food that is unsafe or unsuitable for consumption
Failing to comply with an Improvement Notice or Show Cause Notice issued by the Council
What is the penalty?
Penalties for food safety offences vary based on the severity of the breach and the potential risk to public health. Minor breaches may result in fines of several thousand dollars, while major breaches, or repeated non-compliance can result in fines in the tens of thousands. A conviction may also be recorded.
How to defend Food Safety charges?
Our experienced criminal lawyers will carefully examine the evidence and circumstances to develop the strongest defence strategy.
Possible defences may include due diligence, being that the business took all reasonable steps to comply with food safety regulations.
In some cases, negotiations with the prosecution may lead to charges being withdrawn or reduced. This is especially important to consider if both the company and the director/managers have been charged.
It may be possible to seek discontinuance against the person, for a plea of guilty to the company. There are advantages and disadvantages to this option and so it is crucial to seek early legal advice.
How can I reduce the penalty for charges of Food Safety?
What type of material can help reduce a penalty for a food safety matter in Queensland?
Courts look at both the seriousness of the offence and the steps taken to address problems. The following material can assist:
Financial documents – company financial statements or ATO payment slips showing financial hardship
Invoices and receipts – cleaning, pest control, filter servicing, fridge seals, or other maintenance work
Compliance certificates – certificates of compliance for kitchen or food safety equipment
Food safety training – certificates confirming staff have completed accredited training
Medical records – letters or certificates explaining relevant health or personal circumstances
Character references – written support from respected members of the community
Why are financial documents important?
They can demonstrate that the business is already under financial strain and that an excessive fine could have disproportionate consequences.
How do invoices and compliance records assist?
They provide proof that the business has rectified issues raised by inspectors, such as engaging pest control, upgrading equipment, or improving cleaning practices.
Does staff training make a difference?
Yes. Food safety training certificates show the Court that staff have improved their knowledge and that the business is taking its obligations seriously moving forward.
Can medical or personal circumstances be taken into account?
Medical certificates and letters from doctors can explain situations that affected an owner’s ability to properly manage compliance. Courts may consider these circumstances when deciding penalty.
Should I prepare character references for my case?
References from respected members of the community can demonstrate that the incident was out of character and that the business owner is otherwise responsible and committed to compliance.
Our criminal defence lawyers have extensive experience preparing supporting material for food safety matters in Queensland courts.
We regularly assist clients to gather the right documents, present evidence of remediation, and make persuasive submissions aimed at reducing penalties and avoiding convictions.
What should I do if I have been charged with a Food Safety offence?
If you are charged, it is essential to:
Avoid discussing the case with anyone except your lawyer.
Take immediate corrective action to address any identified breaches.
Start compiling evidence of compliance, such as costs spent in renovations, pest control, and staff training.
Seek legal representation as soon as possible.
Our food safety lawyers have consistently achieved the best results for clients. This includes helping restaurants across Queensland to have charges discontinued, avoid convictions, negotiate facts, and obtain reduced penalties.
Contact our Brisbane criminal lawyers to discuss how we can assist with your case.
Facing serious charges in Qld?
If you or someone you know needs urgent legal advice, contact us now.
Call us on (07) 3012 6531 or fill in our Quick Enquiry form for a confidential discussion with our Brisbane criminal lawyers.