Food Act 2003

The Director of Public Health may vary the conditions of, or suspend or cancel, an approval under this Part.

An approval of a person may be suspended or cancelled on one or more of the following grounds:if the Director of Public Health is satisfied that the person has wilfully or negligently contravened any provision of this Act; if the Director of Public Health is satisfied that the person has contravened a condition to which the approval is subject; if the Director of Public Health is satisfied that the person has not competently carried out any duty of a food safety auditor under this Act; if the Director of Public Health is satisfied that the person has a direct or indirect interest in any food business that, in the opinion of the Director, could affect the performance of the person's duties as a food safety auditor under this Act; at the request of the person; for any other reason that the Director of Public Health considers appropriate.

Payment to a food safety auditor for performing the duties of a food safety auditor does not constitute a direct or indirect interest in a food business for the purposes of subsection (2)(d).

The Director of Public Health may only vary the conditions of, or suspend or cancel, the approval of a person – after having given the person – written reasons for the Director's intention to vary, suspend or cancel; and an opportunity to make submissions; and after having considered any submissions made by the person.

Subsection (4) does not apply to the cancellation of an approval at the request of the person to whom the approval relates.

A variation of the conditions of, or the suspension or cancellation of, the approval of a person under this Part – must be by notice in writing; and must be served on the person to whom the approval relates; and takes effect on the day on which the notice is served or on a later day specified in the notice.