Div 7Miscellaneous

Division 7—Miscellaneous S. 19UA inserted by No. 42/2009 s. 13. 19UA Council fees for assessments (1) A council may charge a fee for conducting— (a) a food safety assessment of a food premises other than an assessment required by a declaration under section 19C; S. 19UA(1)(b) amended by No. 38/2020 s. 23(1). (b) an inspection of a food premises other than an inspection under section 38B(1)(c) or an inspection required under section 39. (2) For the purposes of subsection (1)(a), an assessment is not required by a declaration under section 19C if that assessment is in excess of the default requirements relating to the frequency and timing of assessments referred to in section 19H(4)(a). A declaration under section 19C specifies that the default requirement for the assessment of a food premises is that an assessment is to be conducted every 12 months. However, after taking into account failures by the business to comply with the Act, the registration authority determines that two assessments are required to be conducted in a 12 month period. In those circumstances, the registration authority may charge a fee for the second assessment conducted in that period but not for the first assessment. (3) The fee charged— (a) must be determined with reference to— (i) the class declared under section 19C applicable to the premises; and (ii) any guidelines issued by the Secretary; and (b) must not include any costs of the assessment or inspection that form part of the registration fee payable to the registration authority under Part VI. (4) In deciding whether to charge the fee, the council must take into consideration the history of compliance by the proprietor in relation to the food premises. (5) The council must ensure that the method of determining a fee under subsection (3)(a) and the considerations that apply under subsection (4) are available for inspection by the public. (6) A fee charged under subsection (1) must be paid to the council that has conducted the assessment or inspection. S. 19UA(7) amended by No. 38/2020 s. 23(2). (7) A failure to pay a fee charged under subsection (1) is a ground for the refusal of the registration or renewal of registration of the food premises. S. 19V substituted by No. 42/2009 s. 13. 19V Exemptions concerning food safety (1) The Secretary may exempt a proprietor of a food premises, or the proprietors of a class of food premises, from— S. 19V(1)(a) amended by No. 29/2011 s. 3(Sch. 1 item 40.1). (a) the need to have a food safety program, or a food safety program that fully complies with this Act; (b) the need to comply with any requirement in a food safety program; (c) the need to have a food safety supervisor; (d) the need to be assessed or audited in accordance with this Act; (e) the need to comply with any other requirements imposed on proprietors by this Part or with any applicable provisions of the Food Safety Standards. (2) In granting the exemption, the Secretary— (a) must issue the exemption in writing and, in the case of an exemption applying in relation to a class of food premises, by notice published in the Government Gazette; and (b) must specify the period for which it is to apply; and (c) may impose any condition that the Secretary considers to be appropriate. (3) The Secretary may vary or revoke an exemption at any time in the same manner in which the exemption was granted. (4) A failure to comply with a condition imposed under subsection (2)(c) is a ground for— S. 19V(4)(a) amended by No. 38/2020 s. 24. S. 19W substituted by No. 42/2009 s. 13. 19W Directions concerning food safety (1) The Secretary or the registration authority may direct the proprietor of a food premises to comply with any requirement under this Part relating to the premises. (2) Without limiting subsection (1), a direction may be given— (a) to comply with any record keeping requirements applying to the premises under section 19CB; (b) to comply with any specified requirement in the food safety program for the premises; (c) to comply with the staff training requirements of a QA food safety program; (d) to have the premises audited in accordance with this Act. (3) The Secretary or the registration authority may direct the proprietor of a food premises— (a) to have staff at the premises undertake training or instruction within a specified time to ensure that the requirements of this Act applying to the premises are met; (b) to have details of any staff training incorporated into the minimum records required to be kept or food safety program of the premises. (4) A direction given under this section must be in writing and must allow the proprietor at least 28 days to comply with the direction. (5) A failure to comply with the direction within the time allowed is a ground for— S. 19W(5)(a) amended by No. 38/2020 s. 25. Part IV—Authorized officers