Food Act 2006
sec.78Grounds for suspension or cancellation
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sec.78 Grounds for suspension or cancellation
Each of the following is a ground for suspending or cancelling a licence— the licensee is not, or is no longer, a suitable person to hold the licence; if, under section 99 , the licensee must have an accredited food safety program—the licensee has not complied with the program and the noncompliance is likely to result in a significant risk to public health or safety; the licensee has contravened a condition of the licence, other than a condition mentioned in section 69 (1) (b) ; the licence was issued because of a materially false or misleading representation or declaration. For forming a belief that the ground mentioned in subsection (1) (a) exists, a local government may have regard to the matters to which the local government may have regard in deciding whether a proposed licensee is a suitable person to hold a licence. (sec.78-ssec.1) Each of the following is a ground for suspending or cancelling a licence— the licensee is not, or is no longer, a suitable person to hold the licence; if, under section 99 , the licensee must have an accredited food safety program—the licensee has not complied with the program and the noncompliance is likely to result in a significant risk to public health or safety; the licensee has contravened a condition of the licence, other than a condition mentioned in section 69 (1) (b) ; the licence was issued because of a materially false or misleading representation or declaration. (sec.78-ssec.2) For forming a belief that the ground mentioned in subsection (1) (a) exists, a local government may have regard to the matters to which the local government may have regard in deciding whether a proposed licensee is a suitable person to hold a licence.
- (a) the licensee is not, or is no longer, a suitable person to hold the licence;
- (b) if, under section 99 , the licensee must have an accredited food safety program—the licensee has not complied with the program and the noncompliance is likely to result in a significant risk to public health or safety;
- (c) the licensee has contravened a condition of the licence, other than a condition mentioned in section 69 (1) (b) ;
- (d) the licence was issued because of a materially false or misleading representation or declaration.