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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 May 2017 at 17:02)
Part 6 Division 4
Division 4 Approval of analysts
81   Approval of persons to carry out analyses
(1)  The Food Authority may approve natural persons for the purposes of carrying out analyses under this Act.
(2)  A natural person may make an application, in the approved form, to the Food Authority for an approval 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.
82   Term of approval
Except during any period of suspension, an approval of a person granted under this Division remains in force until cancelled.
83   Approved analyst to give notice of certain interests
A person who is an approved analyst must notify the Food Authority of any direct or indirect interest in any food business that the person has as soon as possible after becoming aware of that interest.
Maximum penalty: 50 penalty units.
84   Variation of conditions or suspension or cancellation of approval of analyst
(1)  The Food Authority may vary the conditions of, or suspend or cancel, an approval under this Division.
(2)  An approval of a person under this Division may be suspended or cancelled on one or more of the following grounds:
(a)  if the Food Authority is satisfied that the person has wilfully or negligently contravened any provision of this Act or the regulations,
(b)  if the Food Authority is satisfied that the person has contravened a condition to which the approval is subject,
(c)  if the Food Authority is satisfied that the person 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 person’s functions under this Act,
(d)  at the request of the person,
(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 person under this Division:
(a)  after having given the person:
(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 to whom the approval relates.
(5)  A variation of the conditions of, or the suspension or cancellation of, an 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.
85   Administrative review of decisions relating to approval
(1)  An applicant for an approval 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 of the Food Authority relating to the application or approval:
(a)  the grant or refusal of an application for approval under this Division, or
(b)  the imposition of conditions on an approval, or
(c)  the variation of conditions of an approval, or
(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 81, 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 84, in the case of an application for the administrative review of a decision referred to in subsection (1) (c) or (d).
86   List of approved analysts to be maintained
(1)  The Food Authority is to prepare and maintain a list of approved analysts.
(2)  The list is to be made publicly available and is to be revised at least annually.