(b) if the relevant authority is a council or a chief executive officer, the relevant authority must notify the Department of the making of the order; (c) if the relevant authority is not the registration authority for the premises, the relevant authority must notify the registration authority of— (i) the making of the order; and (ii) any appeal made under section 19BA against the order and the outcome of the appeal. Note Under section 43(2) the record of registration maintained by the registration authority in respect of a food premises must include the details of any order in force under this section that includes a direction under subsection (3)(a) or (b) in relation to the premises. (5) An order under this section takes effect— s. 19 (a) when it is given to or served on the proprietor of the food premises; or (b) if the name and address of the proprietor is unknown, when it is affixed to the premises. (6) If satisfied that an order made under this section has been complied with, the relevant authority must— (a) revoke the order; and (b) give written notice of the revocation of the order in the same manner in which the order was given or served. (7) A person must not contravene an order made under this section. 120 penalty units.
S. 20(1C) inserted by No. 46/2008 s. 253(1). (1C) A council must not appoint a person to be an authorized officer for the purposes of this Act unless the council is satisfied that the person is suitably qualified or trained to be an authorized officer for the purposes of this Act. S. 20(2) amended by Nos 95/1986 s. 7(1), 12/1989 s. 4(1)(Sch. 2 item 47.3) (as amended by No. 13/1990 s. 38(1)(o)), repealed by No. 125/1993 s. 20(5)(b), new s. 20(2) inserted by No. 98/1997 s. 6(1), amended by No. 46/2008 s. 253(2). (2) In granting such an authority, the Secretary or council may— (a) limit the authority— (i) to specified premises or vehicles or specified classes of premises or vehicles; (ii) to a specified period of time; (iii) to a particular investigation or for a particular purpose; (b) specify that the authority is only to apply to particular powers, authorities, functions or duties of an authorised officer; S. 20(2)(c) amended by No. 46/2008 s. 253(2). (c) impose conditions on the authority (including a requirement to comply with any directions of the Secretary or council). S. 20(3) amended by Nos 10262 s. 4, 98/1997 s. 16(a), substituted by No. 46/2008 s. 253(3). (3) The Secretary must issue an identity card to each authorized officer authorised under subsection (1). S. 20(3A) inserted by No. 98/1997 s. 6(2), substituted by No. 46/2008 s. 253(3). (3A) An identity card issued to an authorized officer under this section must— (a) contain a photograph of the authorized officer; and
(b) must not exceed the amount (if any) for the time being fixed by the Governor in Council by Order published in the Government Gazette. 42 Appeal S. 42(1) amended by Nos 10262 s. 4, 16/1986 s. 30, 57/1989 s. 3(Sch. item 79.6), 13/1994 s. 10(t), 98/1997 s. 17(d), 14/2001 s. 26(h). (1) A person who is aggrieved by a decision of a registration authority refusing to grant an application for or for the renewal of the registration of any food premises under this Act or suspending or revoking any such registration may appeal to the Magistrates' Court within one month after receiving notification of the refusal, suspension or revocation. (2) Upon any appeal under subsection (1) the court shall— S. 42(2)(a) amended by Nos 10262 s. 4, 98/1997 s. 17(d). (a) reconsider the decision of the registration authority; and S. 42(2)(b) amended by Nos 10262 s. 4, 98/1997 s. 17(d). (b) hear any relevant evidence tendered whether by the person aggrieved or by the registration authority. (3) The costs of and incidental to an appeal under subsection (1) shall be in the discretion of the court to which the appeal is made. S. 42(4) inserted by No. 69/2009 s. 54(Sch. Pt 1 item 24). (4) Nothing in subsection (2)(b) prevents the application of Part 3.10 of the Evidence Act 2008.
administration of this Act unless the disclosure or publication is made— (a) with the consent of the person from whom the information or document was obtained; S. 54(1)(b) substituted by No. 42/2009 s. 28(1). (b) in accordance with any Act or regulation; or S. 54(1)(ba) inserted by No. 42/2009 s. 28(1). (ba) in connection with the administration of— (i) this Act or the regulations; or (ii) any other Act or regulation that applies to, or regulates, the food premises or the activities at the food premises to which the disclosure relates; or S. 54(1)(bb) inserted by No. 42/2009 s. 28(1). (bb) to a person or body administering or enforcing— (i) a corresponding law; or (ii) a law that relates to the safety or suitability of food; or (iii) the Aged Care Act 1997 of the Commonwealth; or (iv) any other law of a State or the Commonwealth prescribed by the regulations; or S. 54(1)(bc) inserted by No. 42/2009 s. 28(1). (bc) to prevent or lessen a serious threat to public health; or (c) for the purposes of any proceedings under or arising out of this Act or a report of any such proceedings. For a first offence 60 penalty units, and for a second or subsequent offence 100 penalty units.
S. 63(1)(h)(iii) amended by Nos 98/1997 s. 18(1)(d), 14/2001 s. 32(b). (iii) the design and construction of premises or other places, vehicles, equipment, fittings or fixtures used for or in connexion with the sale or the handling for sale of any food; S. 63(1)(h)(iv) amended by No. 14/2001 s. 32(b). (iv) the prohibition or regulation of the use of specified materials or materials of a specified class in the manufacture of equipment, fittings or fixtures; S. 63(1)(h)(v) amended by Nos 98/1997 s. 18(1)(g), 14/2001 s. 32(b). (v) the clothing to be worn by persons attending equipment or in, at or on premises or other places or vehicles in, at, on or from which any food is sold or handled for sale; S. 63(1)(h)(vi) amended by Nos 10262 s. 4, 20/1995 s. 18, 98/1997 s. 16(a), 14/2001 s. 32(c)(i)(ii). (vi) requiring the proprietor of food premises, or his nominee approved by the Secretary, or any persons employed or engaged by that proprietor to handle unpackaged food at those premises, to attend such courses of instruction in the handling of food as are prescribed; s. 63 (vii) the standards of cleanliness and hygiene to be maintained; (viii) preventing or minimizing the spread of disease; S. 63(1)(h)(ix) amended by No. 14/2001 s. 32(b). (ix) the provision and use of equipment, fittings or fixtures; S. 63(1)(h)(x) amended by Nos 10262 s. 4, 98/1997 s. 16(a), 14/2001 s. 32(b). (x) prescribing standards for equipment, fittings or fixtures and requiring equipment, fittings or fixtures of specified kinds to be approved by the Secretary and specifying the procedure for obtaining such approval;
Standards Code— 5(2)(a), 5(2)(b), 6(1)(a), 6(2), 7(1)(b), 7(2), 8(1), 8(2)(b), 8(2)(c), 8(4), 8(5)(a), 8(5)(b), 10(b), 10(c), 11(3), 11(4), 12, 16(3), 17, 19, 20(1), 21(2), 22(a), 23(b)(ii), 24(1)(a), 24(1)(b) Column 1 Item Column 2 Offence Column 3 Penalty Column 4 Summary of offence 2 An offence against section 16(1) constituted by a failure to comply with the requirements of any of the following clauses of Standard 3.2.3 of the Food Standards Code— 4(2), 5(a), 6(a), 6(b), 10(2)(a), 10(2)(b), 10(2)(c), 11(4)(a), 12(2)(b), 5 penalty units for a natural person; 10 penalty units for a body corporate Failure to comply with requirement of Food Standards Code relating to food premises or equipment
Assent Date: 24.11.09. Commencement Date: S. 97(Sch. item 59) on 1.1.10: Government Gazette 10.12.09 p. 3215 : This information relates only to the provision/s amending the Food Act 1984 Statute Law Amendment (Evidence Consequential Provisions) Act 2009, No. 69/2009 Assent Date: 24.11.09. Commencement Date: S. 54(Sch. Pt 1 item 24) on 1.1.10: s. 2(2) : This information relates only to the provision/s amending the Food Act 1984 Statute Law Amendment (National Health Practitioner Regulation) Act 2010, No. 13/2010 Assent Date: 30.3.10 Commencement Date: S. 51(Sch. item 24) on 1.7.10: s. 2(2) : This information relates only to the provision/s amending the Food Act 1984 Health and Human Services Legislation Amendment Act 2010, No. 29/2010 Assent Date: 8.6.10 Commencement Date: S. 56 on 1.7.10: Special Gazette (No. 235) 23.6.10 p. 1 : This information relates only to the provision/s amending the Food Act 1984 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Explanatory Details Endnotes