New South Wales Consolidated Acts

FOOD ACT 2003 - SECT 90

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.