1Citation
These Regulations may be cited as the Food Regulations 2014.
Bills and explanatory statements from legislation.nt.gov.au; second reading speeches from the NT Parliamentary Record (Territory Stories). Links open the official source in a new tab.
These Regulations may be cited as the Food Regulations 2014.
These Regulations commence on 1 January 2015.
In these Regulations:
CHO, means the Chief Health Officer.
infringement notice, see regulation 6.
infringement notice offence, see regulation 5(1).
prescribed amount, see regulation 5(2).
risk classification, of a food business, means the classification determined under regulation 3B.
(1) For section 135(3)(a) of the Act, the Northern Territory Food Business Risk Classification is a tool used to classify food businesses on the basis of food safety risks.
(2) For section 135(3)(b) of the Act, the Northern Territory Food Business Risk Classification, as in force from time to time, applies on and from the commencement of this Regulation.
(3) For section 135(3)(c) of the Act, the Northern Territory Food Business Risk Classification:
(a) must be available for inspection at the Agency's office during normal business hours; and
must be published on the Agency's website.
The Agency may classify a food business in accordance with the
Northern Territory Food Business Risk Classification.
For section 71(2)(c) of the Act, the prescribed fee for a food business with a risk classification specified in Schedule 1, is as specified in Schedule 1 for each premises where the operation of the food business will be carried on.
For section 75(2)(b) of the Act, the prescribed fee for a food business with a risk classification specified in Schedule 1A, is as specified in Schedule 1A for each premises where the operation of the food business will be carried on.
For section 78(5)(b) of the Act, the prescribed fee for a food business with a risk classification specified in Schedule 1B, is as specified in Schedule 1B.
(1) The CHO may approve a person to be a food safety auditor if the CHO is satisfied the person is competent to carry out the functions of an auditor having regard to the person's appropriate skills and knowledge.
(2) A person may apply, in the approved form, to the CHO for an approval under subregulation (1).
(3) The CHO may require the applicant to provide additional information relevant to the application.
The CHO may, after considering an application:
approve the application, with or without conditions; or
refuse to approve the application.
(5) If the CHO approves an application, the CHO must issue the applicant with a written notice of approval that sets out any conditions to which the approval is subject.
(6) If the CHO refuses to approve an application, the CHO must issue the applicant with a written notice of refusal that sets out the reasons for the refusal.
(7) The applicant may, if dissatisfied with the CHO's decision, apply to the Local Court to review the merits of the decision.
(8) The application must be made within 5 business days after notice of the CHO's decision was received by the applicant.
(9) In determining the review, the Court must, by written notice to the applicant:
confirm the decision; or
vary the decision; or
revoke the decision; or
substitute a decision for that decision.
(10) The Court must state the reasons for its determination in the notice.
The CHO may approve an authorised officer to be a food safety auditor if the CHO is satisfied the authorised officer has the appropriate skills and knowledge.
(2) The CHO may approve an authorised officer to be a food safety auditor under subregulation (1) subject to any conditions the CHO considers appropriate.
(3) An authorised officer may, in writing to the CHO, request approval to be a food safety auditor.
(4) An authorised officer is not required to make an application under regulation 4C.
(1) An approval granted under regulation 4C remains in force until the earlier of the following:
(a) the expiry of the period, not exceeding 3 years, specified in the approval;
the date of which the approval is suspended;
the date of which the approval is cancelled.
(2) An auditor approved under regulation 4C may apply for renewal of an approval.
(3) An approval granted under regulation 4D remains in force while the authorised officer is appointed as an authorised officer.
(1) The CHO may, on the CHO's own motion, vary the conditions of, or suspend or cancel, an approval of a food safety auditor.
(2) The CHO may suspend or cancel a food safety auditor's approval on one or more of the following grounds:
(a) the auditor has wilfully or negligently contravened the Act or these Regulations;
the auditor has contravened a condition of the approval;
(c) the auditor has not competently carried out the functions of an auditor under these Regulations;
(d) the auditor has a direct or indirect interest in any food business that, in the opinion of the CHO, could affect the performance of the auditor's functions under these Regulations;
(e) the auditor has failed to give notice to the CHO of any direct or indirect interest in any food business under regulation 4K(1);
for any other reason the CHO considers appropriate.
(3) The CHO may not vary the conditions of, or suspend or cancel, the approval of a food safety auditor unless the CHO has:
given the auditor:
(i) written notice of the intention to vary, suspend or cancel the approval; and
(ii) an opportunity to make submissions in relation to the intended variation, suspension and cancellation; and
considered any submissions made by the auditor.
(4) A variation of the conditions of, or the suspension or cancellation of, the approval of an auditor under subregulation (1):
must be by written notice; and
must be given to the person to whom the approval relates; and
(c) takes effect on the day on which the notice is given or on a later day specified in the notice.
(5) The auditor may, if dissatisfied with the CHO's decision to vary, suspend or cancel the auditor's approval, apply to the Local Court to review the merits of the decision.
(6) The application must be made within 5 business days after notice of the CHO's decision to vary, suspend or cancel the approval was received by the auditor.
(7) In determining the review, the Court must, by written notice to the applicant:
confirm the decision; or
vary the decision; or
revoke the decision; or
substitute a decision for that decision.
(8) The Court must state the reasons for its determination in the notice.
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