FOOD ACT 1984 - SECT 19UA Council fees for assessments

FOOD ACT 1984 - SECT 19UA

    (1)     A council may charge a fee for conducting—

        (a)     a food safety assessment of a food premises other than an assessment required by a declaration under section 19C;

S. 19UA(1)(b) amended by No. 38/2020 s. 23(1).

        (b)     an inspection of a food premises other than an inspection under section 38B(1)(c) or an inspection required under section 39.

    (2)     For the purposes of subsection (1)(a), an assessment is not required by a declaration under section 19C if that assessment is in excess of the default requirements relating to the frequency and timing of assessments referred to in section 19H(4)(a).

Example

A declaration under section 19C specifies that the default requirement for the assessment of a food premises is that an assessment is to be conducted every 12 months. However, after taking into account failures by the business to comply with the Act, the registration authority determines that two assessments are required to be conducted in a 12 month period. In those circumstances, the registration authority may charge a fee for the second assessment conducted in that period but not for the first assessment.

    (3)     The fee charged—

        (a)     must be determined with reference to—

              (i)     the class declared under section 19C applicable to the premises; and

              (ii)     any guidelines issued by the Secretary; and

        (b)     must not include any costs of the assessment or inspection that form part of the registration fee payable to the registration authority under Part VI.

    (4)     In deciding whether to charge the fee, the council must take into consideration the history of compliance by the proprietor in relation to the food premises.

    (5)     The council must ensure that the method of determining a fee under subsection (3)(a) and the considerations that apply under subsection (4) are available for inspection by the public.

    (6)     A fee charged under subsection (1) must be paid to the council that has conducted the assessment or inspection.

S. 19UA(7) amended by No. 38/2020 s. 23(2).

    (7)     A failure to pay a fee charged under subsection (1) is a ground for the refusal of the registration or renewal of registration of the food premises.

S. 19V substituted by No. 42/2009 s. 13.