FOOD ACT 2008 - SECT 112

FOOD ACT 2008 - SECT 112

112 .         Variation of conditions or cancellation of registration of food businesses

        (1)         The appropriate enforcement agency may vary the conditions of, or cancel, the registration of a food business in respect of any premises under this Part.

        (2)         The registration of a food business in respect of any premises may be cancelled on one or more of the following grounds —

            (a)         any annual or other fee —

                  (i)         prescribed by the regulations in relation to the registration of the food business in respect of those premises has not been paid by the time the regulations require the payment to be made; or

                  (ii)         if subsection (3) applies — imposed by the appropriate enforcement agency in relation to the registration of the food business in respect of those premises has not been paid by the time the agency requires the payment to be made;

            (b)         the food business has ceased to be conducted at those premises;

            (c)         at the request of the holder of the certificate of registration that specifies those premises.

        (3)         If the appropriate enforcement agency is a local government, then for the purposes of subsection (2)(a) in relation to the registration of a food business in respect of any premises —

            (a)         any annual or other fee prescribed by the regulations for the purposes of that provision does not apply to the registration of the food business in respect of those premises by the agency; and

            (b)         an annual or other fee in relation to the registration of the food business in respect of those premises by the agency —

                  (i)         may be imposed and recovered by the agency under the Local Government Act 1995 Part 6 Division 5 Subdivision 2; and

                  (ii)         must be paid by the time the agency requires the payment to be made.

        (4)         The appropriate enforcement agency may vary the conditions of, or cancel, the registration of a food business in respect of any premises only —

            (a)         after having given the holder of the certificate of registration that specifies those premises —

                  (i)         written reasons for the agency’s intention to vary or cancel; and

                  (ii)         an opportunity to make submissions;

                and

            (b)         after having considered any submissions duly made by that person.

        (5)         Subsection (4) does not apply to the cancellation of the registration at the request of the holder of the certificate of registration that specifies the relevant premises.

        (6)         A variation of the conditions of, or the cancellation of, the registration of a food business in respect of any premises —

            (a)         must be by notice in writing; and

            (b)         must be served on the holder of the certificate of registration that specifies those premises; and

            (c)         takes effect on the day on which the notice is served or on a later day specified in the notice.