FOOD ACT 1984 - SECT 63D Extended application of Division 3 of Part IIIA

FOOD ACT 1984 - SECT 63D

    (1)     The proprietor of a food premises to which this section applies may elect to have Division 3 of Part IIIB apply to the premises rather than Division 3A of that Part.

    (2)     This section applies to any food premises—

        (a)     that is of a class declared by the Secretary, by notice published in the Government Gazette, to be a class of premises to which this section applies; and

        (b)     in respect of which the registration authority had, before 1 January 2002, satisfied itself that the food safety program was adequate.

    (3)     An election under subsection (1)—

        (a)     must be made by written notice; and

        (b)     must be given to the registration authority before 1 January 2002.

    (4)     A notice of election made in accordance with this section is to be given effect according to its tenor, regardless of anything to the contrary in Part IIIB.

    (5)     The proprietor of a premises may, by written notice given to the registration authority, withdraw an election at any time, but Division 3 of Part IIIB will continue to apply to the premises until the registration of the premises is next renewed or transferred, whichever occurs first.

    (6)     An election under this section ceases to have any effect on 1 January 2004.

    (7)     Despite subsection (6), Division 3 of Part IIIB continues to apply to a premises in respect of which an election under this section was in effect on 1 January 2004 until the registration of the premises is next renewed or transferred, whichever occurs first.

Pt 13 (Heading and ss 64– 76) inserted by No. 42/2009 s. 33.

Part XIII—Transitional and savings provisions for Part 2 of the

Food Amendment (Regulation Reform) Act 2009

New s. 64 inserted by No. 42/2009 s. 33.