sec.26Action by the State if local government does not administer and enforce this Act

sec.26 Action by the State if local government does not administer and enforce this Act

Subsection (2) applies if the chief executive— is satisfied a local government has not done, or sufficiently done, a thing in the administration or enforcement of this Act for a matter mentioned in section 23 (1) ; and is reasonably of the opinion that doing the thing is necessary— to reduce a significant risk associated with the sale of unsafe or unsuitable food; or to prevent a significant risk to public health or safety recurring. The chief executive may do the thing and the reasonable costs and expenses incurred by the chief executive are a debt payable by the local government to the State. For subsection (1) (b) , in forming an opinion about whether there is a significant risk associated with the sale of unsafe or unsuitable food, or to public health or safety, the chief executive must have regard to— the potential consequences to the health of individuals; and the number of persons likely to be exposed to the risk. For this section, the chief executive may perform functions and exercise powers for this Act for a matter mentioned in section 23 (1) . (sec.26-ssec.1) Subsection (2) applies if the chief executive— is satisfied a local government has not done, or sufficiently done, a thing in the administration or enforcement of this Act for a matter mentioned in section 23 (1) ; and is reasonably of the opinion that doing the thing is necessary— to reduce a significant risk associated with the sale of unsafe or unsuitable food; or to prevent a significant risk to public health or safety recurring. (sec.26-ssec.2) The chief executive may do the thing and the reasonable costs and expenses incurred by the chief executive are a debt payable by the local government to the State. (sec.26-ssec.3) For subsection (1) (b) , in forming an opinion about whether there is a significant risk associated with the sale of unsafe or unsuitable food, or to public health or safety, the chief executive must have regard to— the potential consequences to the health of individuals; and the number of persons likely to be exposed to the risk. (sec.26-ssec.4) For this section, the chief executive may perform functions and exercise powers for this Act for a matter mentioned in section 23 (1) .

• (a) is satisfied a local government has not done, or sufficiently done, a thing in the administration or enforcement of this Act for a matter mentioned in section 23 (1) ; and
• (b) is reasonably of the opinion that doing the thing is necessary— (i) to reduce a significant risk associated with the sale of unsafe or unsuitable food; or (ii) to prevent a significant risk to public health or safety recurring.
• (i) to reduce a significant risk associated with the sale of unsafe or unsuitable food; or
• (ii) to prevent a significant risk to public health or safety recurring.