New South Wales Consolidated Regulations

FOOD REGULATION 2004 - REG 13

13 Variation of terms and conditions of licence

(1) The Food Authority may vary any term of a licence or any condition imposed by the Food Authority on a licence.

(2) The Food Authority may vary a term or condition of a licence only after having given the holder of the licence written notice of its intention to vary the term or condition setting out its reasons.

(3) The notice must include a statement that the holder of the licence concerned may make submissions to the Food Authority in relation to the proposed variation within 14 days after the date of the notice.

(4) Subclauses (2) and (3) do not apply to the variation of a term or condition of a licence at the request of the holder of the licence.

(5) A variation of a term or condition of a licence:

(a) must be made by notice in writing, and

(b) must be served on the holder of the licence, and

(c) takes effect on the day on which the notice is served or on a later day specified in the notice.

(6) The notice referred to in subclause (5) must set out the reasons for the variation and inform the holder of the licence of the rights of review under this Regulation.

(7) The Food Authority may charge the holder of a licence who applies for a variation of the terms or conditions of the licence:

(a) an application fee of not more than $50, and

(b) if the Food Authority considers that any inspection or audit is required to enable it to determine the application properly, a charge for the inspection or audit in accordance with clause 20.

(8) If the Food Authority varies a term or condition of a licence, it is to issue the holder of the licence with a replacement licence that takes account of the variation.

Note: The holder of a licence will need to apply to the Food Authority for a variation under this clause of a term or condition of the licence if, for example, the holder proposes to change the activities authorised by the licence or the premises or vehicles on or in which such activities are conducted.