134Regulations

134 Regulations (1) The Administrator may make regulations, not inconsistent with this Act, prescribing matters: (a) required or permitted by this Act to be prescribed; or (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act. (2) The Regulations may: (a) prescribe the fees payable in relation to matters under this Act or the Regulations and, in doing so, may: (i) prescribe different fees to apply in different circumstances or areas; (ii) provide for the payment of a part or proportion of a fee; (iii) provide for the exemption of a person or a class of persons from the payment of a fee; or (iv) provide for the exemption from the payment of a fee in prescribed circumstances; (b) prescribe the time and manner for the payment of fees;

Food Act 2004 76 (c) provide for the classification of food businesses; (d) require the development, implementation, review and variation of food safety programs for a food business or a class of food businesses in accordance with Standard 3.2.1 of the Food Standards Code; (e) provide for the auditing of food safety programs to ascertain whether they comply with this Act, the Regulations and the Food Standards Code and for the assessment of food businesses to ascertain whether they comply, and are being conducted in accordance with, this Act, the Regulations and the Food Safety Standards, including providing for the (i) the determination of the frequency of the conduct of audits of food safety programs and assessments of food businesses; (ii) the making of reports of the results of an audit of a food safety program or assessment of the food business; (iii) the contents of reports referred to in subparagraph (ii); (iv) the remedying of any deficiencies identified by an audit or assessment and follow-up procedures to check if deficiencies are remedied; (f) provide for the approval of persons as food safety auditors by the Chief Health Officer, including providing for the following: (i) the making of an application by a person for approval as a food safety auditor and the form of the application; (ii) the matters the Chief Health Officer must consider or be satisfied about when deciding whether to grant or refuse an application for approval; (iii) the term of an approval of a food safety auditor; (iv) the granting of approval subject to conditions; (v) the preparation and maintenance of a list of food safety auditors by the Chief Health Officer and the making of the list available for inspection by the public; (vi) the duties, powers and functions of food safety auditors;

Food Act 2004 77 (vii) the requirement of food safety auditors to notify the Chief Health Officer of all direct and indirect interests of the auditor in food businesses; (viii) the requirement that identity cards are to be issued to food safety auditors and providing for the form and use of the identity cards; (ix) the variation of the conditions (if any) of an approval and the suspension and cancellation of an approval; (x) the review by the Local Court of the merits of the decisions of the Chief Health Officer relating to an approval of a food safety auditor; (xi) offences relating to obstructing or impersonating a food safety auditor; (g) regulate, restrict or prohibit the use or sale of a substance or thing or a class of substances or things as food or as an ingredient or additive in food; (h) require persons selling a specified class of food to provide specified information in relation to the food to purchasers; (i) impose requirements with regard to packaging and labelling food generally or a class of food; (j) provide for regular analysis, examination or testing of food; (k) provide for keeping of records relating to the handling and selling of food and the inspection of those records; (l) regulate the form and content of advertisements relating to (m) regulate or restrict the use of automatic food vending machines; (n) prescribe a condition or class of conditions that may be imposed on the registration of a food business or renewed registration of a food business; (o) provide for the making of reports by proprietors of food businesses relating to the operations of the food businesses; (p) require the provision of information, returns or reports to the Minister or other person or authority;