FOOD ACT 1984 - SECT 43I Statement of trade

FOOD ACT 1984 - SECT 43I

    (1)     The proprietor of a food business must not allow the business to operate from a temporary food premises, mobile food premises or food vending machine unless a statement of trade has been lodged in accordance with this section with the council of the municipal district in which the premises or machine is being operated.

Penalty:     60 penalty units.

Note to s. 43I(1) inserted by No. 13/2013 s. 24(4).

Note

Section 51B applies to an offence against this subsection.

    (2)     Subsection (1) does not apply to a proprietor who—

        (a)     is exempt by a declaration under section 43H from the requirement to lodge a statement of trade in respect of the temporary food premises, mobile food premises or food vending machine; or

        (b)     has been permitted under section 35A(3) or  35A(4) to register the temporary food premises, mobile food premises or food vending machine under Division 3 or notify its operation under Division 2.

    (3)     A statement of trade must be lodged with the principal council and the council of each municipal district in which the proprietor intends to operate—

        (a)     within the time specified in the declaration the Secretary under section 43H; or

        (b)     if a time has not been specified in the declaration, no later than 5 days before the intended commencement of operation in that municipal district.

    (4)     The statement of trade must contain the following information—

        (a)     the name of the principal council;

        (b)     the registration number assigned by the principal council;

        (c)     the name of the proprietor;

        (d)     the municipal districts in which the proprietor of the food business intends to operate;

        (e)     subject to the declaration by the Secretary under section 43H, the following details for each municipal district—

              (i)     the number of temporary food premises, mobile food premises or vending machines that are to operate in the municipal district;

              (ii)     the places within the municipal district that the premises or machines are to operate;

              (iii)     when the premises or machines are to operate;

              (iv)     any indentifying numbers or other means of identification assigned by the principal council to the premises or machines;

              (v)     in the case of a mobile food premises, the vehicle registration number of the premises;

        (f)     any other information specified in the declaration by the Secretary under section 43H.

    (5)     For the purposes of subsection (1), the proprietor of a food business who operates in a mobile food premises that is a water transport vehicle in a municipal district, is taken to have lodged a statement of trade with the council of that municipal district in respect of that vehicle if the proprietor has notified the council in the previous 12 months that the vehicle would be operating in the municipal district.

    (6)     In this section, "principal council", in relation to a food premises, means the council which has received notification of the operation of the premises or registered the premises.

Pt 7

(Heading and ss 44– 44D) amended by Nos 10262 s. 4, 98/1997 ss 11, 16(a), 17(f), substituted as Pt 7

(Heading and ss 44– 44G) by No. 14/2001 s. 27.

Part VII—Emergency powers

S. 44 substituted by No. 14/2001 s. 27.