78Variation of conditions of registration of food business

78 Variation of conditions of registration of food business (1) Subject to this section, if in the opinion of the Chief Health Officer it is appropriate to do so, the Chief Health Officer may: (a) on his or her own motion; or (b) on the application of the proprietor of a registered food business in an approved form to the Chief Health Officer, by notice in writing given to the proprietor vary the conditions of the registration of the food business. (2) Before varying the conditions of the registration under subsection (1)(a), the Chief Health Officer must give the proprietor written notice: (a) specifying the proposed variation; (b) specifying the reasons for the variation; and (c) inviting the proprietor to, within the period of not less than 7 days specified in the notice, submit reasons why the variation should not be made.

Food Act 2004 42 (3) The Chief Health Officer must not vary the registration under subsection (1)(a) unless he or she has considered the submissions (if any) submitted by the proprietor in accordance with the notice referred to in subsection (2). (4) Having considered the submissions of the proprietor, the Chief Health Officer may vary the conditions of the registration as proposed in the notice under subsection (2) or in any other way he or she considers appropriate. (5) The application referred to in subsection (1)(b) must be: (b) accompanied by the prescribed fee (if any). (6) If the proprietor makes an application referred to in subsection (1)(b), the Chief Health Officer must consider the application and determine whether to vary the registration of the food business in accordance with the application. (7) The conditions of registration may be varied by the addition, substitution or deletion of a condition. (8) Variation of the conditions of the registration takes effect on: (a) the date notice of the variation is received by the proprietor; or (b) the date specified for that purpose in the notice, whichever occurs last. (9) The proprietor of the registered food business must comply with the conditions of the registration as varied under this section. (10) Subsections (2), (3), (4), (5), (6) and (7) do not apply if the variation is for a formal or clerical reason that does not alter the effect of the