FOOD ACT 1984 - SECT 30 Analysts
FOOD ACT 1984 - SECT 30
AnalystsS. 30(1) amended by Nos 10262 s. 4, 98/1997 s. 16(a).
(1) The Secretary may authorize in writing persons, whom the Secretary considers to be appropriately qualified, to carry out analyses for the purposes of this Act.
(2) An authority given under subsection (1)—
S. 30(2)(a) substituted by No. 42/2009 s. 14(1).
(a) may be subject to any conditions specified in the authority including—
(i) a condition limiting the authority to a particular type of analysis;
(ii) a condition limiting the authority to analyses carried out in a particular type of laboratory; and
(b) may at any time be varied or revoked.
S. 30(3) amended by No. 60/2012 s. 59(1).
(3) A person who is directly or indirectly engaged in any trade connected with primary food production or the manufacture or sale of food shall not be authorized to carry out analyses for the purposes of this Act where his engagement in that trade would conflict with his duty as a person authorized to carry out analyses for the purposes of this Act.
S. 30(4) amended by Nos 10262 s. 4, 98/1997 s. 16(a), 60/2012 s. 59(2).
(4) A person authorized to carry out analyses for the purposes of this Act who is or becomes directly or indirectly engaged in any trade connected with primary food production or the manufacture or sale of food shall forthwith notify the Secretary in writing of that engagement and, upon receipt of that notification, the Secretary may revoke the authority given to that person under subsection (1).
S. 30(5) amended by Nos 10262 s. 4, 98/1997 s. 16(a).
(5) The Secretary shall, at the request of a person authorized to carry out analyses for the purposes of this Act, revoke the authority given to that person under subsection (1).
S. 30(6) amended by Nos 10262 s. 4, 95/1986 s. 12(1),
98/1997
s. 16(a).
(6) The Secretary shall maintain a list of persons authorized for the time being to carry out analyses for the purposes of this Act and shall make sure that a copy of the list is open for inspection by any person, and that copies of the list are available, at the principal office of the Department at all reasonable times.
S. 30(6A) inserted by No. 95/1986 s. 12(2), amended by No. 98/1997 s. 16(a).
(6A) The Secretary may charge any fee prescribed by the Governor in Council for providing a copy of the list or part of it to a person for that person's use.
S. 30(7) amended by No. 60/2012 s. 59(1).
(7) A person shall not be prohibited from being authorized or continuing to be authorized as an analyst for the purposes of this Act by reason only that he is employed by or on behalf of a government department to carry out analyses and that government department is engaged in any trade connected with primary food production or the manufacture or sale of food.
S. 30(8) inserted by No. 42/2009 s. 14(2).
(8) A person who has been approved for the purposes of the Safe Drinking Water Act 2003 to conduct analyses of samples of drinking water is taken to be authorised under this section to carry out analyses of water for the purposes of this Act subject to any conditions of that approval.
S. 30(8A) inserted by No. 60/2012 s. 59(3).
(8A) The following persons are taken to be authorised under this section to carry out an analysis of any article for the purposes of this Act subject to any conditions of that approval—
(a) a person or a person who is of a class of person approved under section 16A(1) of the Livestock Disease Control Act 1994 ;
(b) a person who is appointed as an approved analyst under section 69G of the Agricultural and Veterinary Chemicals (Administration) Act 1992 of the Commonwealth for the purposes of the Agvet Codes within the meaning of that Act.
S. 30(9) inserted by No. 42/2009 s. 14(2), amended by No. 60/2012 s. 59(4).
(9) However, a person referred to in subsection (8) or (8A) is not required to be included in the list of persons required to be maintained by the Secretary under section 30(6).