38Exemption from registration

38 Exemption from registration S. 38(1) amended by No. 10262 s. 4, repealed by No. 13/1994 s. 10(d), new s. 38(1) inserted by No. 42/2009 s. 17(1). (1) The Secretary may by notice published in the Government Gazette exempt a food premises or a class of food premises from the requirement to be registered under this Part. S. 38(2) repealed by No. 13/1994 s. 10(d) , new s. 38(2) inserted by No. 42/2009 s. 17(1). (2) A council may by resolution exempt a food premises or a class of food premises, other than a class declared under section 19C, from the requirement to be registered under this Part. S. 38(3) amended by Nos 10262 s. 4 98/1997 s. 16(a), 14/2001 s. 26(a), substituted by No. 42/2009 s. 17(2). (3) Before a council exempts a class of food premises under subsection (2), the council must consult with the Secretary about the proposed exemption. S. 38(4) substituted by Nos 10262 s. 4, 42/2009 s. 17(2). (4) An exemption granted under subsection (1) or (2) may be— (a) subject to any conditions; and (b) amended, varied or revoked in the same manner in which it was granted. S. 38(5) inserted by No. 40/1993 s. 82, substituted by No. 98/1997 s. 32, amended by No. 46/2008 s. 254. (5) A premises used solely as a meat processing facility within the meaning of the **Meat Industry Act 1993** in respect of which a licence is in force under that Act is exempt from the requirement to be registered under this Act while that licence is in force. S. 38(6) inserted by No. 40/1993 s. 82. (6) A vehicle used solely as a meat transport vehicle licensed under the regulations made under the **Meat Industry Act 1993** is exempt from the requirement to be registered under this Act while the licence is in force. S. 38(7) inserted by No. 14/2001 s. 23. (7) A food premises that is used by a business in respect of which a licence has been issued under Part 3 of the **Dairy Act 2000** is exempt from the requirement to be registered under this Act while that licence is in force. S. 38(8) inserted by No. 24/2003 s. 92. (8) A food premises that is used by a business in respect of which a seafood safety licence has been issued under Part 3 of the **Seafood Safety Act 2003** is exempt from the requirement to be registered under this Act while that licence is in force. Pt 6 Div. 2 (Heading and ss 38AA, 38AB) inserted by No. 42/2009 s. 18. Division 2—Notification of premises exempt from registration S. 38AA inserted by No. 42/2009 s. 18. 38AA Procedure for notification (1) This section applies if the proprietor of a food business— (a) is operating, or intends to operate, from a food premises; and (b) is of the opinion that the premises is exempt under section 38(1) or (2) from the requirement to be registered. (2) The proprietor must notify the relevant registration authority of the operation or intended operation of the food premises. (3) The notification must include any information and be accompanied by any documents required under section 36. (4) On receipt of the notification, the registration authority must determine whether the premises are exempt from the requirement to be registered. (5) If the registration authority is not satisfied that the premises are exempt, the registration authority may— (a) request further information from the proprietor; or (b) advise the proprietor that the premises must be registered. S. 38AB inserted by No. 42/2009 s. 18. 38AB Notification fee (1) The Secretary may, by notice published in the Government Gazette, declare the maximum fee that may be charged by a registration authority for the receipt of a notification under section 38AA. (2) The Secretary may under subsection (1) declare a maximum fee that applies in relation to— (a) all notifications; or (b) notifications made in a specified manner. (3) The Secretary must not make a declaration under subsection (1) unless— (a) the Secretary has consulted with a body representing local government; and (b) a draft of the declaration has been published in the Government Gazette and a newspaper circulating in Victoria for general comment. (4) A registration authority may fix a fee for the receipt of a notification under section 38AA in accordance with a declaration under subsection (1) but not otherwise. (5) A person who is required to register a food premises is not required to pay a notification fee in relation to the premises. Pt 6 Div. 3 (Heading) inserted by No. 42/2009 s. 19. Division 3—Registration of food premises S. 38A (Heading) amended by No. 38/2020 s. 29(1). S. 38A inserted by No. 98/1997 s. 9, substituted by Nos 14/2001 s. 24, 42/2009 s. 20.