You are using a version of the website built for webcrawlers and people whose devices cannot use javascript. Some functionality may not be available.
Contents (2003 - 43)
Skip contents
Food Act 2003 No 43
Current version for 6 January 2017 to date (accessed 29 June 2017 at 05:12)
Part 7 Division 1
Division 1 Approval of food safety auditors
87   Approval of food safety auditors
(1)  The Food Authority may authorise a person who is a member of staff of the Food Authority, or approve any other natural person, to be a food safety auditor for the purposes of this Act if the Food Authority is satisfied that the person is competent to carry out the functions of a food safety auditor having regard to:
(a)  the person’s technical skills and experience, and
(b)  any guidelines relating to competency criteria approved by the Food Authority.
(2)  A natural person may make an application, in the approved form, to the Food Authority for an approval under this Part.
(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 any 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.
87A   Beef labelling auditors
(1)  This section only authorises the exercise of functions in relation to the auditing of the beef labelling requirements.
(2)  The Food Authority may appoint a person employed by an approved industry body to be a beef labelling auditor for the purposes of carrying out audits to determine compliance with the beef labelling requirements.
(3)  A beef labelling auditor is to exercise his or her functions in accordance with the directions issued to the approved industry body by the Food Authority.
(4)  The cost of exercising those functions is the responsibility of the approved industry body.
(5)  A beef labelling auditor is taken to be a food safety auditor for the purposes of this Act and accordingly a reference in this Act to a food safety auditor is taken to include a reference to a beef labelling auditor.
(6)  In this section:
approved industry body means a body that represents the beef industry and that is approved for the time being by the Food Authority.
beef labelling requirements means the requirements arising under Division 2A of Part 2.
88   Term of approval
Except during any period of suspension, an approval granted under this Division remains in force for the period specified in the approval unless sooner cancelled.
89   Food safety auditor to give notice of certain interests
(1)  A food safety auditor must notify the Food Authority of any direct or indirect interest in any food business that the auditor has as soon as possible after becoming aware of that interest.
Maximum penalty: 50 penalty units.
(2)  Payment to an auditor for carrying out the functions of an auditor does not constitute a direct or indirect interest in a food business for the purposes of subsection (1).
90   Variation of conditions or suspension or cancellation of approval of auditor
(1)  The Food Authority may vary the conditions of, or suspend or cancel, an approval under this Division.
(2)  An approval of a person 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 not competently carried out any duty of an auditor under this Act,
(d)  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 performance of the person’s duties under this Act,
(e)  at the request of the person,
(f)  for any other reason that the Food Authority considers appropriate.
(3)  Payment to an auditor for performing the duties of an auditor does not constitute a direct or indirect interest in a food business for the purposes of subsection (2) (d).
(4)  The Food Authority may only vary the conditions of, or suspend or cancel, the approval of a person:
(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.
(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 Part:
(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.
91   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 an approval 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 applicant for an approval under this Division, or the holder of such an approval may apply to the Food Authority for a review of any of the following decisions relating to the application or approval if the decision was made by a body acting under a delegation given by the Food Authority:
(a)  the grant or refusal of an application for an approval 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.
(3)  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 87, in the case of an application for the review of a decision referred to in subsection (1) (a) or (b) or (2) (a) or (b), or
(b)  the relevant notice of the variation, suspension or cancellation under section 90, in the case of an application for the review of a decision referred to in subsection (1) (c) or (d) or (2) (c) or (d).