Victorian Consolidated Legislation

Food Act 1984 - SECT 39A

Registration etc. may be made despite minor defects

39A. Registration etc. may be made despite minor defects





(1) Despite sections 19C and 39, the registration authority may register, or
renew or transfer the registration of, a food premises even though, in its
opinion-

   (a)  one or more of the relevant requirements of this Act with respect to
        the premises has not been complied with; or

   (b)  one or more grounds for the refusal of registration, the renewal of
        registration or the transfer of registration, of the premises exists
        under Part IIIB.





(2) The registration authority may only do this if it is satisfied-

   (a)  in the case of a failure to do something by a specified time that has
        passed, that the thing will be done within a new time specified by the
        registration authority; or

   (b)  in the case of a failure to do something that it is no longer possible
        to remedy, that it is not likely that a similar failure will occur
        again; or

   (c)  in any other case-

   (i)  that the failure to comply poses no immediate risk to the health of
        any person; and

   (ii) that the failure to comply can, and will, be remedied within the time
        specified by the registration authority.

(3) If the registration authority exercises the power conferred by subsection
(1), it is a condition of the registration, renewal or transfer-

   (a)  that any thing referred to in subsection (2)(a) be done; and

   (b)  that any failure referred to in subsection (2)(c) be remedied-

within the time specified in writing by the registration authority.

(4) The Secretary may direct a council to not exercise the power conferred on
it by subsection (1) in relation to a food premises or to a class of food
premises or to a particular requirement or type of requirement.

(5) A direction must be made in writing.

(6) A council must comply with a direction.