Queensland Consolidated Acts

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FOOD ACT 2006 - SECT 26

26 Action by the State if local government does not administer and enforce this Act

(1) Subsection (2) applies if the chief executive--

(a) is satisfied a local government has not done, or sufficiently done, a thing in the administration or enforcement of this Act for a matter mentioned in section 23(1); and
(b) is reasonably of the opinion that doing the thing is necessary--
(i) to reduce a significant risk associated with the sale of unsafe or unsuitable food; or
(ii) to prevent a significant risk to public health or safety recurring.

(2) The chief executive may do the thing and the reasonable costs and expenses incurred by the chief executive are a debt payable by the local government to the State.

(3) For subsection (1)(b), in forming an opinion about whether there is a significant risk associated with the sale of unsafe or unsuitable food, or to public health or safety, the chief executive must have regard to--

(a) the potential consequences to the health of individuals; and
(b) the number of persons likely to be exposed to the risk.

(4) For this section, the chief executive may perform functions and exercise powers for this Act for a matter mentioned in section 23(1).



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