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s 64

Variation of conditions or suspension or cancellation of approval of laboratory

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Part 6Taking and analysis of samples
Division 3Approval of laboratories

64 Variation of conditions or suspension or cancellation of approval of laboratory

(1)

The relevant authority may vary the conditions of, or suspend or cancel, the approval of a laboratory under this

Division.

(2)

An approval of a laboratory may be suspended or cancelled on one or more of the following grounds:

(a)

if the relevant authority is satisfied that a person providing services at the laboratory has contravened or failed to comply with any provision of this Act or the regulations;

(b)

if the relevant authority is satisfied that a person providing services at the laboratory has contravened a condition to which the approval is subject;

(c)

if the relevant authority is satisfied that a person in charge of, concerned in the management of or employed by the laboratory, has a direct or indirect interest in any food business that, in the opinion of the relevant authority, could affect the carrying out of the laboratory's functions under this Act;

(d)

at the request of the person in charge of the laboratory;

(e)

for any other reason that the relevant authority considers appropriate.

(3)

The relevant authority may only vary the conditions of, or suspend or cancel, the approval of a laboratory—

(a)

after having given the person in charge of the laboratory—

(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 made by the person.

(4)

Subsection (3) does not apply to the cancellation of an approval at the request of the person in charge of the laboratory.

(5)

A variation of the conditions of, or the suspension or cancellation of, approval of a laboratory—

(a)

must be made by notice in writing; and

(b)

must be served on the person in charge of the laboratory;

and

(c)

takes effect on the day on which the notice is served or on a later day specified in the notice.

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