FOOD ACT 1984 - SECT 20 Authorized officers
FOOD ACT 1984 - SECT 20
Authorized officersS. 20(1) amended by Nos 10262 s. 4, 13/1994 s. 7(1), 46/1998 s. 7(Sch. 1), substituted by Nos 98/1997 s. 6(1), 46/2008 s. 253(1).
(1) The Secretary may authorise in writing a person employed under Part 3 of the Public Administration Act 2004 or who is an officer or employee of a public statutory body to be an authorized officer for the purposes of this Act.
S. 20(1A) inserted by No. 46/2008 s. 253(1).
(1A) The Secretary must not give an authorisation unless the Secretary is satisfied that the person is suitably qualified or trained to be an authorized officer for the purposes of this Act.
S. 20(1B) inserted by No. 46/2008 s. 253(1).
(1B) Subject to this section, a council may, under section 224(1) of the Local Government Act 1989 , appoint a person to be an authorized officer for the purposes of this Act.
S. 20(1C) inserted by No. 46/2008 s. 253(1).
(1C) A council must not appoint a person to be an authorized officer for the purposes of this Act unless the council is satisfied that the person is suitably qualified or trained to be an authorized officer for the purposes of this Act.
S. 20(2) amended by Nos 95/1986 s. 7(1), 12/1989 s. 4(1)(Sch. 2 item 47.3) (as amended by No. 13/1990 s. 38(1)(o)), repealed by No. 125/1993 s. 20(5)(b), new s. 20(2) inserted by No. 98/1997 s. 6(1), amended by No. 46/2008 s. 253(2).
(2) In granting such an authority, the Secretary or council may—
(a) limit the authority—
(i) to specified premises or vehicles or specified classes of premises or vehicles;
(ii) to a specified period of time;
(iii) to a particular investigation or for a particular purpose;
(b) specify that the authority is only to apply to particular powers, authorities, functions or duties of an authorised officer;
S. 20(2)(c) amended by No. 46/2008 s. 253(2).
(c) impose conditions on the authority (including a requirement to comply with any directions of the Secretary or council).
S. 20(3) amended by Nos 10262
s. 4,
98/1997 s. 16(a), substituted by No. 46/2008
s. 253(3).
(3) The Secretary must issue an identity card to each authorized officer authorised under subsection (1).
S. 20(3A) inserted by No. 98/1997 s. 6(2), substituted by No. 46/2008 s. 253(3).
(3A) An identity card issued to an authorized officer under this section must—
(a) contain a photograph of the authorized officer; and
(b) contain the signature of the authorized officer; and
(c) be signed by the Secretary.
S. 20(4) substituted by No. 46/2008 s. 253(3).
(4) An authorized officer must produce his or her identity card for inspection—
(a) before exercising a power under this Act; and
(b) at any time during the exercise of a power under this Act, if asked to do so.
S. 20(5) amended by Nos 95/1986 s. 7(1), 12/1989 s. 4(1)(Sch. 2
item 47.4) (as amended by No. 13/1990 s. 38(1)(o)), 125/1993
s. 20(5)(c), 13/1994 s. 7(2)(a)(b),
20/1995 s. 9(1), 98/1997
s. 16(a) , 14/2001 s. 20(1), 46/2008
s. 253(4), 2/2017 s. 13.
(5) Unless acting in accordance with a delegation from the Secretary under section 19 of the Public Health and Wellbeing Act 2008 , an authorized officer who is an environmental health officer shall not exercise the powers and authorities or discharge the functions and duties conferred or imposed upon him by or under this Act in or with respect to any food premises being operated on land that is not part of a municipal district.
S. 20(6) amended by Nos 10262 s. 4, 95/1986 s. 7(2), 12/1989 s. 4(1)(Sch. 2 item 47.5) (as amended by No. 13/1990 s. 38(1)(o)(q)), 125/1993 s. 20(5)(d), repealed by No. 13/1994 s. 7(3).
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