Variation of conditions, suspension or cancellation of approval
4F Variation of conditions, suspension or cancellation of approval
(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.
The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.