FOOD ACT 1984 - SECT 19CA Notice of intention to make or vary declaration of classes of food premises

FOOD ACT 1984 - SECT 19CA

    (1)     If the Secretary intends to make or vary a declaration under section 19C, notice of the Secretary's intention must be published in—

        (a)     the Government Gazette; and

        (b)     a newspaper circulating generally in Victoria.

    (2)     The notice must state—

        (a)     the proposed declaration or variation to the declaration; and

        (b)     that submissions may be made to the Secretary regarding the proposed declaration or variation within a period of at least 60 days specified in the notice; and

        (c)     if subsection (4) applies, that the proposed declaration or variation takes effect immediately pending the consideration of submissions by the Secretary.

    (3)     After considering any submissions made in response to the notice, the Secretary must—

        (a)     make the declaration or the variation to the declaration as originally notified or with any modifications the Secretary considers necessary; or

        (b)     state in a notice published in the Government Gazette that the Secretary will not be proceeding with the declaration or variation notified under subsection (2).

    (4)     If the Secretary is satisfied that there are urgent reasons for making a declaration or variation to a declaration, a notice given under this section may specify that the proposed declaration or variation takes effect immediately.

    (5)     If subsection (4) applies, the proposed declaration or variation remains in effect for 6 months unless, in the meantime, the Secretary—

        (a)     makes a declaration under section 19C giving effect to the proposed declaration or variation as originally notified or with modifications; or

        (b)     gives notice under subsection (3)(b) that the declaration or variation is not proceeding.

Division 2—Minimum record keeping

S. 19CB inserted by No. 42/2009 s. 13.