South Australian Consolidated Regulations South Australian Consolidated Regulations4—Prescription of enforcement agencies
(1) For the purposes
of the definition of "enforcement agency" under the Act—
(a) the
Department; and
(b) all
municipal and district councils under the Local Government Act 1999 ; and
(c) all
relevant regulatory subsidiaries,
are prescribed.
(1a) For the purposes
of sections 79 and 81 of the Act—
(a) in
the case of food businesses conducted outside council areas—the
Department is prescribed as the appropriate enforcement agency;
(b) in
the case of all other food businesses—
(i)
unless subparagraph (ii) applies—the relevant
local government authority for the council area where the food business is
conducted is prescribed as the appropriate enforcement agency;
(ii)
if the Minister so determines—the Department is
prescribed as the appropriate enforcement agency.
(2) For the purposes
of section 86 of the Act—
(a) if a
food business is conducted outside the area of a council, then
the Department is prescribed as the "appropriate enforcement agency" with
respect to that food business;
(b) if a
food business is conducted in one, and only one, council area, then the
relevant local government authority is prescribed as the
"appropriate enforcement agency" with respect to that food business;
(c) if a
food business is conducted in more than one council area, then the relevant
local government authority for each council area where the food business is
conducted is prescribed as an "appropriate enforcement agency with respect to
that food business.
(3) For the purposes
of subregulation (2)—
(a) if a
food business is a food transport business, then that business will be taken
to be conducted—
(i)
at a depot used for the purposes of the
food transport business; or
(ii)
if there is no such depot, at the place where the
vehicles used for the purposes of the food transport business are principally
based or, if there is no such place, at each place where a vehicle used for
the purposes of the business is usually parked when not in use;
(b) if a
food business (not being a food transport business) involves the preparation
of food in one or more locations and then the transportation or delivery of
the food to another place or places, then that business will be taken to be
conducted at any location where the food is prepared;
(c) in
any other case, a food business will be taken to be conducted at any place
where food intended for sale is handled, or where food is sold, on a permanent
or regular basis.
(4) For the purposes
of subregulations (1a) and (2) the "relevant local government authority
is—
(a) if a
relevant regulatory subsidiary has been established in relation to the
relevant area—that subsidiary;
(b) in
any other case—the council established under the Local
Government Act 1999 in relation to the relevant area.
(5) In this
regulation—
"council area" means—
(a) if a
relevant regulatory subsidiary has been established in relation to the
relevant area—the combined area of the areas of the subsidiary's
constituent councils;
(b) in
any other case—the area of a council established under the
Local Government Act 1999 ;
"food transport business" means a business that involves the transport of food
for fee or reward through the use of a food transport vehicle.