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HEALTH LEGISLATION AMENDMENT ACT 2011 No. 41 - SECT 14 14 Insertion of new ch 11, pt 3B

HEALTH LEGISLATION AMENDMENT ACT 2011 No. 41 - SECT 14

14 Insertion of new ch 11, pt 3B

Chapter 11—

insert—

'(1) The purpose of this part is to ensure consistency of information provided to consumers about—

(a) compliance by food businesses with this Act and the food standards code; and
(b) food hygiene in premises from which food businesses are carried on.

'(2) The purpose is to be achieved by regulating local governments in relation to the conduct of rating schemes that provide information mentioned in subsection (1).

'In this part—

conduct, in relation to a food business rating scheme, includes each of the following—

(a) advertise or promote the scheme;
(b) seek participation by a food business in the scheme;
(c) enter an agreement for a food business to participate in the scheme;
(d) enter an agreement about the scheme with an entity that represents, or whose membership includes, entities carrying on food businesses.

disallow, in relation to a food business rating scheme conducted by a local government, means disallow under section 271L.

disallowance notice see section 271L(2).

food business rating scheme means a scheme in which a local government—

(a) assesses, for each food business participating in the scheme, the level of—
(i) compliance with this Act and the food standards code; or
(ii) food hygiene in premises from which the food business is carried on; and
(b) assigns a rating to the food business according to the assessed level.

prescribed requirements, for food business rating schemes, means the requirements prescribed under section 271G(1).

'(1) A regulation may prescribe requirements applying to food business rating schemes.

'(2) A local government that conducts a food business rating scheme must ensure the scheme complies with the prescribed requirements for food business rating schemes.

'(1) If a local government intends to start conducting a food business rating scheme, it must give the chief executive notice of its intention to conduct a food business rating scheme.

'(2) Before starting to conduct a food business rating scheme, a local government must give the chief executive a notice stating—

(a) details of the scheme proposed to be conducted sufficient to enable the chief executive to assess the compliance of the proposed scheme with the prescribed requirements for food business rating schemes; and
(b) the date from which the scheme is proposed to be conducted.

'(3) Without limiting subsections (1) and (2), this section applies if a food business rating scheme is disallowed and the local government intends to change the scheme and start conducting it again.

'On receiving a notice from a local government under section 271H(2), the chief executive must—

(a) assess whether the proposed food business rating scheme complies with the prescribed requirements for food business rating schemes; and
(b) advise the local government and the Minister whether the proposed scheme complies with the prescribed requirements.

'(1) This section applies if the Minister reasonably suspects a food business rating scheme—

(a) is being conducted by a local government; and
(b) does not comply with the prescribed requirements for food business rating schemes.

'(2) The Minister may give the local government a notice (a show cause notice) stating each of the following—

(a) the Minister proposes to give the local government a disallowance notice in relation to the food business rating scheme;
(b) the reasons the Minister reasonably suspects the scheme does not comply with the prescribed requirements for food business rating schemes;
(c) the local government may, within the period stated in the notice, make a submission to the Minister against the proposed disallowance;
(d) the submission may include information about whether disallowance of the scheme would cause significant financial detriment to 1 or more food businesses participating in the scheme;
(e) how to make the submission.

'(3) For subsection (2)(c), the period must be at least 30 days after the local government receives the show cause notice.

'(1) The local government may make a submission against the proposed disallowance of the food business rating scheme in the way stated in the show cause notice given to the local government under section 271J.

'(2) The submission must be made—

(a) within the period stated in the show cause notice; or
(b) if the Minister gives the local government a notice allowing a longer period for making the submission—within the longer period.

'(1) This section applies if—

(a) the period within which the local government may make a submission against the proposed disallowance under section 271K has ended; and
(b) the Minister has considered any submission made by the local government; and
(c) the Minister is reasonably satisfied—
(i) a food business rating scheme is being conducted by the local government; and
(ii) the scheme does not comply with the prescribed requirements for food business rating schemes; and
(iii) disallowance of the scheme is unlikely to cause significant financial detriment to any food businesses participating in the scheme.

'(2) The Minister may disallow the food business rating scheme by giving the local government notice (a disallowance notice) stating—

(a) the local government—
(i) must immediately stop conducting the scheme; and
(ii) must not start conducting the scheme again unless the scheme has been changed so it complies with the prescribed requirements for food business rating schemes; and
(b) the reasons for the disallowance; and
(c) the local government must give notice of the disallowance as required under section 271M(1)(c).

'(3) A decision of the Minister to give a disallowance notice is not subject to review or appeal.

'(1) A local government that receives a disallowance notice in relation to a food business rating scheme must—

(a) immediately stop conducting the scheme; and
(b) must not start conducting the scheme again unless the scheme has been changed so it complies with the prescribed requirements for food business rating schemes; and
(c) within 14 days after receiving the disallowance notice—
(i) send a notice that complies with subsection (2) to all food businesses participating in the scheme; and
(ii) publish a notice that complies with subsection (2) in a newspaper circulating generally in the local government's area.

'(2) For subsection (1)(c), the notice must—

(a) be in the approved form; and
(b) state—
(i) the food business rating scheme conducted by the local government has been disallowed; and
(ii) under this Act, the local government must immediately stop conducting the scheme and must not start conducting the scheme again unless the scheme has been changed so it complies with the prescribed requirements for food business rating schemes; and
(iii) the action the local government proposes to take in relation to the scheme.'.