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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 27 April 2017 at 23:01)
Part 9 Division 2
Division 2 Enforcement agencies
110   Definitions
In this Division:
guidelines means the guidelines issued under section 111C, as in force from time to time.
relevant body means a local council, or the Chief Executive of the Office of Environment and Heritage (but only in respect of Kosciuszko National Park).
111   Appointment of enforcement agencies
(1)  The Food Authority may appoint a relevant body to be an enforcement agency for the purposes of this Act.
(2)  The Food Authority is not to appoint a relevant body as an enforcement agency unless the Food Authority:
(a)  has consulted with the relevant body and considered any representations made by the relevant body in accordance with the guidelines, and
(b)  has considered the resources and skills that will be available to the relevant body to enable the exercise of the functions of an enforcement agency that are proposed to be conferred or imposed on the relevant body, and
(c)  in the case of a local council, has considered any representations made by another local council in accordance with the guidelines as to the other local council’s willingness to exercise the functions of an enforcement agency in the area concerned and the resources and skills that will be available to that other local council to enable the exercise of such functions.
(3)  An appointment:
(a)  is to be by instrument in writing given to the relevant body concerned, and
(b)  is to contain any limitations or conditions relating to the exercise of functions by the enforcement agency or the type of functions that may be exercised by the enforcement agency that are imposed under section 111B (whether by reference to a category of functions to be exercised by the enforcement agency or otherwise), and
(c)  takes effect from a day specified in the instrument of appointment.
(4)  The Food Authority may appoint a local council as an enforcement agency in respect of any or all of the following:
(a)  its own local government area or part of its own local government area,
(b)  another local government area or part of another local government area, but only after consultation with the local council of that other area,
(c)  an area that is not within a local government area.
(5)  Nothing in this Act prevents the Food Authority from appointing more than one enforcement agency in respect of the same area so long as each of those enforcement agencies is only authorised to exercise functions under this Act in relation to that area that are different from the functions that may be exercised under this Act in relation to that area by any other enforcement agency.
111A   Variation or revocation of appointment of enforcement agency
(1)  The Food Authority may vary or revoke an appointment of a relevant body as an enforcement agency by notice in writing given to the enforcement agency concerned.
(2)  A variation or revocation of an appointment has effect from a day specified in the notice of the variation or revocation, being a day occurring after the day on which the notice is given under this section.
111B   Conditions and limitations on exercise of functions by enforcement agencies
(1)  The Food Authority may, in writing, impose conditions or limitations on the exercise of functions under this Act by any enforcement agency and may vary or revoke any such condition or limitation.
(2)  The Food Authority may not take action under subsection (1) unless it has consulted with the person or body who or which is, or is proposed to be, the enforcement agency.
(3)  If the person or body concerned is a relevant body appointed or proposed to be appointed as an enforcement agency under section 111, the imposition, variation or revocation of any such condition or limitation is to be done as part of the appointment under section 111 or in accordance with section 111A as a variation of the appointment.
111C   Guidelines relating to appointment of enforcement agencies
(1)  The Food Authority may issue guidelines in relation to any or all of the following matters:
(a)  the different categories of functions that may be exercised by enforcement agencies,
(b)  an explanation of the nature of the obligations in respect of those different categories of functions,
(c)  the matters to be taken into account by the Food Authority when determining the appropriate functions to be exercised by an enforcement agency,
(d)  the making of representations to the Food Authority by a relevant body as to whether or not the relevant body should be appointed as an enforcement agency,
(e)  the making of representations to the Food Authority by a relevant body in relation to the appropriate types or categories of functions to be exercised by the relevant body as an enforcement agency,
(f)  the provision of information to the Food Authority by a relevant body to enable the consideration by the Food Authority of the matters referred to in section 111 (2),
(g)  the time within which any such representations must be made or information must be provided.
(2)  The exercise of functions under this Act, or the appointment of any enforcement agency, is not affected by anything contained in the guidelines.
111D   Functions of enforcement agencies in relation to this Act
Subject to section 135, it is the duty of an enforcement agency to exercise the functions conferred or imposed on it by or under this Act or delegated to it under this Act.
112   Exercise of functions by enforcement agencies
(1)  The Food Authority may adopt national guidelines relating to the exercise of its functions under this Act and may require other enforcement agencies and authorised officers to adopt those guidelines in the carrying out of their functions under this Act.
(2)  In this section, national guidelines means guidelines prepared for the purposes of this section by the Commonwealth Food Authority.
113   Reports by enforcement agencies
(1)  An enforcement agency for which an appointment is in force under this Division is to report to the Food Authority on the exercise of functions under this Act by or on behalf of the agency.
(2)  The reports referred to in subsection (1) are to be made in accordance with protocols prepared by the Food Authority in consultation with the Food Regulation Forum.
(3)  Any other enforcement agency (except the Food Authority) is to report to the Food Authority, at such intervals as the Food Authority requires, on the exercise of functions under this Act by or on behalf of the agency.
(4)  In addition to any report required under subsection (1) or (3), an enforcement agency is to forward to the Food Authority details of any proceedings for an offence under this Act or the regulations taken by or on behalf of the agency within 21 days after the proceedings are finally dealt with.
113A   Publication of information relating to enforcement agencies
(1)  The Food Authority is to keep a record of the following:
(a)  each appointment of an enforcement agency under this Division, including any limitations and conditions in relation to the appointment and any variation or revocation of an appointment,
(b)  relevant enforcement agencies for the purposes of Division 3 of Part 8.
(2)  The record is to be published on the Food Authority’s internet website, is to be updated regularly and is to indicate when it was last updated.