63BLimitation on power to make local laws

63B Limitation on power to make local laws S. 63B(1) substituted by No. 42/2009 s. 41, amended by No. 9/2020 s. 390(Sch. 1 item 43.3). (1) A council must not make a local law under the **Local Government Act 2020** for or with respect to— (a) food safety; or (b) any matter or thing for or with respect to which— (i) regulations made under this Act are in force; or (ii) regulations could be made under this Act; or (iii) the Food Standards Code has effect. (2) A local law (whether made before or after the commencement of the **Food (Amendment) Act 1995**) is of no effect to the extent that it makes provision for or with respect to any matter or thing referred to in subsection (1). Pt 12 (Heading) substituted by No. 42/2009 s. 32. Pt 12 (Heading and ss 64, 65) repealed by No. 20/1995 s. 20, new Pt 12 (Heading and ss 63C, 63D) inserted by No. 14/2001 s. 33. Part XII—Transitional provisions for Food (Amendment) Act 2001 S. 63C inserted by No. 14/2001 s. 33. 63C Existing orders to continue An order made under section 44 or 44A that was in force immediately before the commencement of section 27 of the **Food (Amendment) Act 2001** continues to have effect as if it had been made under Part VII as in force after that commencement until it is revoked. S. 63D inserted by No. 14/2001 s. 33. 63D Extended application of Division 3 of Part IIIA (1) The proprietor of a food premises to which this section applies may elect to have Division 3 of Part IIIB apply to the premises rather than Division 3A of that Part. (2) This section applies to any food premises— (a) that is of a class declared by the Secretary, by notice published in the Government Gazette, to be a class of premises to which this section applies; and (b) in respect of which the registration authority had, before 1 January 2002, satisfied itself that the food safety program was adequate. (3) An election under subsection (1)— (a) must be made by written notice; and (b) must be given to the registration authority before 1 January 2002. (4) A notice of election made in accordance with this section is to be given effect according to its tenor, regardless of anything to the contrary in Part IIIB. (5) The proprietor of a premises may, by written notice given to the registration authority, withdraw an election at any time, but Division 3 of Part IIIB will continue to apply to the premises until the registration of the premises is next renewed or transferred, whichever occurs first. (6) An election under this section ceases to have any effect on 1 January 2004. (7) Despite subsection (6), Division 3 of Part IIIB continues to apply to a premises in respect of which an election under this section was in effect on 1 January 2004 until the registration of the premises is next renewed or transferred, whichever occurs first. Pt 13 (Heading and ss 64–76) inserted by No. 42/2009 s. 33. Part XIII—Transitional and savings provisions for Part 2 of the Food Amendment (Regulation Reform) Act 2009 New s. 64 inserted by No. 42/2009 s. 33.