FOOD ACT 1984 - SECT 7E Direction by the Minister

FOOD ACT 1984 - SECT 7E

    (1)     The Minister may give a written direction to a council, or the chief executive officer of the council, in relation to any matter concerning the administration of this Act by the council.

    (2)     The Minister may give a written direction to a class of councils, or each chief executive officer of a class of councils, in relation to any matter concerning the administration of this Act by the councils.

    (3)     The Minister may only give a direction under this section if the Minister considers that the direction—

        (a)     is in the public interest; and

        (b)     will promote the objectives of this Act or the consistent administration of this Act.

    (4)     A direction under subsection (1) must not be given in relation to the decision under this Act by a council or an authorized officer with respect to a particular food premises or a particular proprietor.

    (5)     Unless the Minister considers that a direction is required as a matter of urgency, before giving a direction under this section, the Minister must ensure that—

        (a)     if the direction is to be given under subsection (1), the council or the chief executive officer has been provided with a draft of the direction and been given an opportunity to comment; or

        (b)     if the direction is to be given under subsection (2), either—

              (i)     each council or chief executive officer has been provided with a draft of the direction and been given an opportunity to comment; or

              (ii)     a body that represents local government has been provided with a draft of the direction and been given an opportunity to comment.

S. 7E(6) amended by No. 9/2020 s. 390(Sch.  1 item 43.2).

    (6)     If a council, or the chief executive officer of a council, is given a direction under subsection (1), a copy of the direction must be published in the annual report required to be published by the council under section 98 of the Local Government Act 2020 .

Pt 2 (Heading and ss 8– 17) amended by Nos 95/1986 s. 6, 36/1991 s. 4(d)–(h), 40/1993(Sch.  2 item 4.1), 13/1994 s. 5, substituted as Pt 2

(Heading and ss 8– 17H) by No. 14/2001 s. 8.

Part II—Offences relating to food

Division 1—Serious offences relating to food

S. 8 substituted by No. 14/2001 s. 8.