FOOD ACT 1984 - SECT 53D Register of convictions
FOOD ACT 1984 - SECT 53D
Register of convictions(1) The Secretary must keep a register of convictions for offences under this Act or the regulations.
(2) The register may be kept in such form as the Secretary considers appropriate.
(3) Subject to section 53F, the register must include the following information in relation to each conviction recorded in the register—
(a) the name of the person (whether a natural person or otherwise) convicted of the offence;
(b) the trade name and any company name of the food business operating the food premises at which, or in relation to which, the offence was committed;
(c) if known, the relationship between the person convicted of the offence and the food business operating the food premises at which, or in relation to which, the offence was committed;
(d) a description of the offence;
(e) details of the conviction including—
(i) the date of the conviction;
(ii) the decision of the court;
(iii) the name of the court;
(iv) the sentence or any other order imposed (including any forfeiture incurred);
(f) for an offence committed at or in relation to a fixed premises—
(i) the name and address of the premises;
(ii) the municipal district in which the premises is located;
(g) for an offence committed at or in relation to a temporary food premises, mobile food premises or food vending machine—
(i) if the premises are registered in conjunction with a fixed premises, the address of the fixed premises;
(ii) the municipal district in which the offence was committed;
(iii) a description of the premises or machine and any other information that identifies the premises or machine;
(h) the name of the council or public body that prosecuted the offence or on whose behalf the offence was prosecuted.
(4) A conviction of a person must not be recorded in the register unless—
(a) the time allowed for an appeal against the conviction has expired and the person has not lodged an appeal or applied for leave to appeal within that time; or
(b) if an appeal, or an application for leave to appeal, against the conviction has been lodged by the person within the time allowed—
(i) the appeal has been abandoned or dismissed; or
(ii) leave to appeal has been refused; or
(iii) on the hearing of an appeal the court confirms or imposes a conviction.
(5) If subsection (4)(b)(iii) applies, the details of the conviction referred to in subsection (3)(e) are those relating to the conviction confirmed or imposed by the court hearing the appeal.
S. 53E inserted by No. 42/2009 s. 27.