FOOD ACT 2008 - SECT 97

FOOD ACT 2008 - SECT 97

97 .         Variation of conditions or suspension or cancellation of approval of auditor

        (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 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 not competently carried out any duty of a food safety auditor under this Act;

            (d)         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 performance of the person’s functions under this Act;

            (da)         if the CEO is satisfied that the person has contravened section 96A(2);

            (e)         at the request of the person;

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

        (3)         Payment to a food safety auditor for performing the functions of a food safety auditor does not constitute a direct or indirect interest in a food business for the purposes of subsection (2)(d).

        (4)         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.

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

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

            (a)         must be by notice in writing; and

            (b)         must be served on the person to whom the approval relates; and

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

        [Section 97 amended: No. 7 of 2022 s. 26.]