NSWIn ForceAct
Food Act 2003
90Variation of conditions or suspension or cancellation of approval of auditor
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#### 90 Variation of conditions or suspension or cancellation of approval of auditor
90 Variation of conditions or suspension or cancellation of approval of auditor
> > (1) The Food Authority may vary the conditions of, or suspend or cancel, an approval under this Division.
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> > (2) An approval of a person may be suspended or cancelled on one or more of the following grounds—
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> > > (a) if the Food Authority is satisfied that the person has wilfully or negligently contravened any provision of this Act or the regulations,
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> > > (b) if the Food Authority is satisfied that the person has contravened a condition to which the approval is subject,
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> > > (c) if the Food Authority is satisfied that the person has not competently carried out any duty of an auditor under this Act,
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> > > (d) if the Food Authority is satisfied that the person has a direct or indirect interest in any food business that, in the opinion of the Food Authority, could affect the performance of the person’s duties under this Act,
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> > > (e) at the request of the person,
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> > > (f) for any other reason that the Food Authority considers appropriate.
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> > (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).
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> > (4) The Food Authority may only vary the conditions of, or suspend or cancel, the approval of a person—
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> > > (a) after having given the person—
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> > > > (i) written reasons of its intention to vary, suspend or cancel, and
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> > > > (ii) an opportunity to make submissions, and
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> > > (b) after having considered any submissions duly made by the person.
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> > (5) Subsection (4) does not apply to the cancellation of an approval at the request of the person to whom the approval relates.
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> > (6) A variation of the conditions of, or the suspension or cancellation of, the approval of a person under this Part—
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> > > (a) must be by notice in writing, and
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> > > (b) must be served on the person to whom the approval relates, and
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> > > (c) takes effect on the day on which the notice is served or on a later day specified in the notice.