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Contents (2003 - 43)
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Food Act 2003 No 43
Current version for 6 January 2017 to date (accessed 25 April 2017 at 16:41)
Part 6 Division 3
Division 3 Approval of laboratories
75   Approval of laboratories
(1)  The Food Authority may approve laboratories for the purposes of carrying out analyses under this Act.
(2)  A person providing or intending to provide analysis services at a laboratory may make an application, in the approved form, to the Food Authority for an approval of the laboratory under this Division.
(3)  The application is to be accompanied by:
(a)  such information as the Food Authority requires to determine the application, and
(b)  the fee, if any, prescribed by the regulations.
(4)  The Food Authority may, after considering an application for approval:
(a)  grant the application, with or without conditions, or
(b)  refuse the application.
(5)  If the Food Authority grants an application for approval, it must issue the applicant with a written approval that sets out the conditions to which the approval is subject.
(6)  If the Food Authority refuses an application for approval, the Food Authority must give notice of the refusal in writing to the applicant setting out the reasons for the refusal.
76   Term of approval
Except during any period of suspension, an approval of a laboratory granted under this Division remains in force until cancelled.
77   Approved laboratory to give notice of certain interests
The person in charge of an approved laboratory must notify the Food Authority of any direct or indirect interest in any food business that a person concerned in the management of, or an employee of, the approved laboratory has as soon as possible after becoming aware of that interest.
Maximum penalty: 50 penalty units.
78   Variation of conditions or suspension or cancellation of approval of laboratory
(1)  The Food Authority may vary the conditions of, or suspend or cancel, the approval of a laboratory under this Division.
(2)  An approval of a laboratory may be suspended or cancelled on one or more of the following grounds:
(a)  if the Food Authority is satisfied that a person providing services at the laboratory has wilfully or negligently contravened or failed to comply with any provision of this Act or the regulations,
(b)  if the Food Authority is satisfied that a person providing services at the laboratory has contravened a condition to which the approval is subject,
(c)  if the Food Authority is satisfied that a person in charge of, concerned in the management of or employed by, the laboratory has a direct or indirect interest in any food business that, in the opinion of the Food Authority, could affect the carrying out of the laboratory’s functions under this Act,
(d)  at the request of the person in charge of the laboratory,
(e)  for any other reason that the Food Authority considers appropriate.
(3)  The Food Authority may only vary the conditions of, or suspend or cancel, the approval of a laboratory:
(a)  after having given the person in charge of the laboratory:
(i)  written reasons of its 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 in charge of the laboratory.
(5)  A variation of the conditions of, or the suspension or cancellation of, the approval of a laboratory:
(a)  must be made by notice in writing, and
(b)  must be served on the person in charge of the laboratory, and
(c)  takes effect at the time at which the notice is served or at a later time specified in the notice.
79   Administrative review of decisions relating to approval
(1)  An applicant for an approval of a laboratory under this Division, or the holder of such an approval, may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997 of any of the following decisions relating to the application or approval:
(a)  the grant or refusal of an application for approval of a laboratory under this Division,
(b)  the imposition of conditions on an approval,
(c)  the variation of conditions of an approval,
(d)  the suspension or cancellation of an approval.
(2)  An application under this section may only be made within 10 days after service of:
(a)  the relevant written approval or notice of refusal under section 75, in the case of an application for the administrative review of a decision referred to in subsection (1) (a) or (b), or
(b)  the relevant notice of the variation, suspension or cancellation under section 78, in the case of an application for the administrative review of a decision referred to in subsection (1) (c) or (d).
80   List of approved laboratories to be maintained
(1)  The Food Authority is to prepare and maintain a list of approved laboratories.
(2)  The list is to be made publicly available and is to be revised at least annually.