FOOD ACT 2008 - SECT 91

FOOD ACT 2008 - SECT 91

91 .         Variation of conditions or suspension or cancellation of approval of analyst

        (1)         The CEO may vary the conditions of, suspend or cancel the approval of a person under this Division.

        (2)         The approval of a person under this Division may be suspended or cancelled on one or more of the following grounds —

            (a)         if the CEO is satisfied that the person has wilfully or negligently contravened any provision of this Act;

            (b)         if the CEO is satisfied that the person has contravened a condition to which the approval is subject;

            (c)         if the CEO is satisfied that the person has a direct or indirect interest in any food business that, in the opinion of the CEO, could affect the carrying out of the person’s functions under this Act;

            (d)         at the request of the person;

            (e)         for any other reason that the CEO considers appropriate.

        (3)         The CEO may vary the conditions of, suspend or cancel the approval of a person under this Division only —

            (a)         after having given the person —

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

                  (ii)         an opportunity to make submissions;

                and

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

        (4)         Subsection (3) does not apply to the cancellation of an approval at the request of the person to whom the approval relates.

        (5)         A variation of the conditions of, or the suspension or cancellation of, the approval of a person under this Division —

            (a)         must be made by notice in writing; and

            (b)         must be served on the person; and

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