Australian Capital Territory Consolidated Acts

FOOD ACT 2001 - SECT 101

    (1)     If the chief health officer proposes to take action under this section in relation to the registration of a food business, the chief health officer must give the proprietor of the business a notice (a disciplinary notice ) that—

        (a)     states the proposed action, including any proposed suspension period or condition or a condition as proposed to be amended; and

        (b)     states the grounds for the proposed action; and

        (c)     tells the proprietor that the proprietor may, within 14 days beginning the day after receiving the notice, give a written response to the chief health officer about the matters in the notice.

    (2)     In deciding whether to suspend or cancel the registration, the chief health officer must consider any response given to the chief health officer in accordance with subsection (1) (c).

    (3)     If the chief health officer is satisfied that grounds for taking action under this section have been established, the chief health officer may—

        (a)     if the proposed action was to cancel the registration—cancel the registration, suspend the registration for a period of not longer than 1 year or impose a condition on, or amend a condition of, the registration; or

        (b)     if the proposed action included suspending the registration for a stated period—either suspend the registration for a period of not longer than that period or impose a condition on, or amend a condition of, the registration; or

        (c)     if the proposed action included imposing a condition on, or amending a condition of, the registration—impose a condition on, or amend a condition of, the registration that is no more onerous than the proposed condition or a condition as proposed to be varied.

    (4)     The chief health officer must give the proprietor of the food business written notice of the chief health officer's decision.

    (5)     The suspension or cancellation of the registration of a food business takes effect on the day when notice of the suspension or cancellation is given to the proprietor of the food business or, if the notice states a later date of effect, that date.

    (6)     The renewal or amendment of the registration of a food business under section 93 (Renewal of registration) or section 97 (Change in details of registration or operation of food business) does not prejudice or otherwise affect any action being taken, or proposed action, in relation to the registration of the food business under this section.