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s 76

Variation of conditions or suspension or cancellation of approval of auditor

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Part 7Auditing
Division 1Approval of food safety auditors

76 Variation of conditions or suspension or cancellation of approval of auditor

(1)

The relevant authority may vary the conditions of, or suspend or cancel, an approval under this Part.

(2)

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

(a)

if the relevant authority is satisfied that the person has contravened any provision of this Act or the regulations;

(b)

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

(c)

if the relevant authority is satisfied that the person has not competently carried out any duty of an auditor under this Act;

(d)

if the relevant authority is satisfied that the person has a direct or indirect interest in any food business that, in the opinion of the relevant 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 relevant 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 relevant 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 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.

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Section 76 — Variation of conditions or suspension or cancellation of approval of auditor — Food Act 2001 (South Australia) — Barrister AI