• Specific Year
    Any

FOOD ACT 1984 - SECT 40D Revocation or suspension of registration

FOOD ACT 1984 - SECT 40D

Revocation or suspension of registration

S. 40D(1) amended by No. 14/2001 s. 26(g)(i).

    (1)     The registration authority may suspend or revoke the registration of a food premises if—

S. 40D(1)(a) amended by No. 14/2001 s. 26(g)(ii).

        (a)     a person is convicted of a second or subsequent offence against this Act that was committed in, at, on or in respect of the premises; or

S. 40D(1)(b) amended by No. 14/2001 s. 26(g)(ii).

        (b)     a condition imposed in respect of the premises under section 19V(2)(c) or 39A is breached; or

S. 40D(1)(c) amended by No. 14/2001 s. 26(g)(ii).

        (c)     a ground for the revocation or suspension of the registration of the premises exists under Part IIIB and the matter giving rise to that ground has not been dealt with under section 39A; or

S. 40D(1)(d) amended by No. 14/2001 s. 26(g)(ii), substituted by No. 42/2009 s. 24.

        (d)     the registration authority receives a notice under section 19N; or

S. 40D(1)(e) inserted by No. 42/2009 s. 24.

        (e)     a food safety auditor who is an officer or member of the staff of the registration authority has conducted a food safety assessment or a food safety audit and is of the opinion that—

              (i)     the food safety requirements applying to the premises have not been complied with or the food safety program is inadequate or, in the case of a food premises using a standard food safety program, the program does not comply with section 19DC(2); and

              (ii)     the deficiency may lead to a serious risk of food being sold or prepared that is unsafe or unsuitable.

    (2)     In suspending a registration, the registration authority must specify for how long the suspension is to last.

S. 40E inserted by No. 98/1997 s. 10, amended by No. 14/2001 s. 26(h).