97Variation of conditions or suspension or cancellation of

97 Variation of conditions or suspension or cancellation of approval of approved analyst (1) The Chief Health Officer may, on the Chief Health Officer's own motion or on the request of an approved analyst, vary the conditions of the approved analyst's approval. (2) The Chief Health Officer may, on the Chief Health Officer's own motion, suspend or cancel the approved analyst's approval on one or more of the following grounds: (a) the approved analyst has wilfully or negligently contravened this Act or the Regulations;

Food Act 2004 54 (b) the approved analyst has contravened a condition of the approved analyst's approval; (c) the approved analyst has not competently carried out the approved analyst's duties under this Act; (d) the approved analyst, including any officers or employees of an organisation that is the approved analyst, has a direct or indirect interest in a food business that, in the opinion of the Chief Health Officer, could affect the performance of the approved analyst's duties under this Act; (e) for any other reason the Chief Health Officer considers (3) The Chief Health Officer may not vary the conditions of, or suspend or cancel, the approved analyst's approval unless the Chief Health Officer has: (a) given written notice to the approved analyst of the Chief Health Officer's intention to vary the conditions of, or suspend or cancel, the approved analyst's approval and the Chief Health Officer's reasons for doing so; (b) given the approved analyst a reasonable opportunity to make submissions concerning the variation, suspension or cancellation; and (c) considered the submissions (if any) made by the approved analyst. (4) If the Chief Health Officer decides to vary the conditions of the approved analyst's approval or suspend or cancel the approved analyst's approval, the Chief Health Officer must give the approved analyst written notice of the variation, suspension or cancellation. (5) The variation, suspension or cancellation of the approved analyst's approval takes effect on the day on which the approved analyst receives notice of the variation, suspension or cancellation or, if a later date is specified in the notice, on that later date. (6) The Chief Health Officer must, if requested to do so by the approved analyst, cancel the approved analyst's approval. (7) Subsections (2), (3), (4) and (5) do not apply to the cancellation of an approval under subsection (6).

Food Act 2004 55