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FOOD ACT 1984 - SECT 53G Obtaining information for inclusion in the register

FOOD ACT 1984 - SECT 53G

Obtaining information for inclusion in the register

    (1)     As soon as practicable after a person is convicted by a court for an offence under this Act or the regulations, the relevant council must provide to the Secretary

        (a)     a certified extract or other authenticated record of the decision of the court;

        (b)     advice regarding the time allowed for an appeal against the conviction;

        (c)     if applicable, the certificate of registration of the food premises at which, or in relation to which, the offence occurred;

        (d)     any information about that food premises that is kept in the records of registration of the council under section 43;

        (e)     any other information held by the council that is required to be included in the register of convictions or that is required by the Secretary in deciding what information should be included in the register.

    (2)     If the person convicted of the offence has not lodged an appeal or applied for leave to appeal against the conviction within the time allowed, the relevant council must inform the Secretary of that fact as soon as practicable after the expiry of the time allowed.

    (3)     As soon as practicable after an appeal or application for leave to appeal is lodged against the conviction, whether within the time allowed or otherwise, the relevant council must inform the Secretary of that fact and the date, or dates, and at which court the appeal or the application for leave to appeal is to be determined.

    (4)     As soon as practicable after an appeal or application for leave is determined, the relevant council must inform the Secretary of the outcome of the appeal or application.

    (5)     The Secretary may obtain information from any council or any person with knowledge of a particular proceeding for the purpose of—

        (a)     obtaining reliable information to include in the register of convictions; or

        (b)     verifying information in the register or intended to be included in the register; or

        (c)     deciding whether information should be included in the register.

    (6)     For the purposes of this section, the relevant council in relation to the conviction of a person for an offence occurring at, or in relation to, a food premises is—

        (a)     the council that, at the time of the offence, is the council with which the food premises is registered; or

        (b)     if the food premises was not registered at the time of the offence, the council that brought the proceeding against the person; or

        (c)     if none of the above apply, the council of the municipal district in which the offence occurred.

S. 53H inserted by No. 42/2009 s. 27.