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FOOD ACT 1984 - SECT 19BB Secretary may accept undertaking

FOOD ACT 1984 - SECT 19BB

Secretary may accept undertaking

    (1)     The Secretary may accept a written undertaking given by a person in connection with a matter relating to a contravention, or alleged contravention, of section 13, 16(3) or  16(4) or any prescribed provision.

    (2)     The undertaking must specify—

S. 19BB(2)(a) amended by No. 60/2012 s. 56.

        (a)     the premises or food business to which the undertaking relates; and

        (b)     the action proposed to be taken; and

        (c)     the timeframe in which the proposed action is to be taken; and

        (d)     any other relevant matter.

    (3)     The person may, with the Secretary's consent, withdraw or vary the undertaking at any time.

    (4)     While the undertaking is in force, a proceeding may not be brought for an offence relating to the matter referred to in subsection (1).

    (5)     The Secretary may in writing authorise the Director of Consumer Affairs, either generally or for a specific case, to accept an undertaking under this section.

    (6)     The Secretary may in writing authorise a council, either generally or for a specific case, to accept an undertaking under this section in circumstances where the council is the registration authority for the food premises.

    (7)     An authorisation given by the Secretary under subsection (6) may be subject to any conditions and limitations imposed by the Secretary.

S. 19BC inserted by No. 42/2009 s. 34.