Northern Territory Consolidated Acts

FOOD ACT - SECT 97

    (1)     The Chief Health Officer may, on his or her own motion or on the request of an approved analyst, vary the conditions of the approved analyst's approval.

    (2)     The Chief Health Officer may, on his or her own motion, suspend or cancel the approved analyst's approval on one or more of the following grounds:

        (a)     the approved analyst has wilfully or negligently contravened this Act or the Regulations;

        (b)     the approved analyst has contravened a condition of his or her approval;

        (c)     the approved analyst has not competently carried out his or her duties under this Act;

        (d)     the approved analyst has a direct or indirect interest in a food business that, in the opinion of the Chief Health Officer, could affect the performance of the approved analyst's duties under this Act;

        (e)     for any other reason the Chief Health Officer considers appropriate.

    (3)     The Chief Health Officer may not vary the conditions of, or suspend or cancel, the approved analyst's approval unless he or she has:

        (a)     given written notice to the approved analyst of his or her intention to vary the conditions of, or suspend or cancel, the approved analyst's approval and his or her reasons for doing so;

        (b)     given the approved analyst a reasonable opportunity to make submissions concerning the variation, suspension or cancellation; and

        (c)     considered the submissions (if any) made by the approved analyst.

    (4)     If the Chief Health Officer decides to vary the conditions of the approved analyst's approval or suspend or cancel the approved analyst's approval, the Chief Health Officer must give the approved analyst written notice of the variation, suspension or cancellation.

    (5)     The variation, suspension or cancellation of the approved analyst's approval takes effect on the day on which the approved analyst receives notice of the variation, suspension or cancellation or, if a later date is specified in the notice, on that later date.

    (6)     The Chief Health Officer must, if requested to do so by the approved analyst, cancel the approved analyst's approval.

    (7)     Subsections (2), (3), (4) and (5) do not apply to the cancellation of an approval under subsection (6).