186Charge for inspection of non-licensed food businesses

186 Charge for inspection of non-licensed food businesses

186 Charge for inspection of non-licensed food businesses

(1) For the Act, section 139(1)(b), the charge payable for an authorised officer to inspect, under the Act, section 37, a food business that is not required to be licensed under the Act is $370 an hour with a minimum charge of half an hour, excluding time spent travelling.

(2) A relevant enforcement agency may increase the amount under subsection (1) annually in accordance with the annual percentage increase, if any, in the Consumer Price Index (All Groups Index) for Sydney published by the Australian Bureau of Statistics.

(3) The charges under this section are payable—

(a) by the person who carries on the food business that is not required to be licensed under the Act, and

(b) to the relevant enforcement agency whose authorised officer carried out the inspection.

(4) The relevant enforcement agency may waive payment of a charge in a particular case or class of cases.

(5) In this section—

relevant enforcement agency means the following—

(a) the Food Authority,

(b) for Kosciuszko National Park—the Secretary of the Department of Climate Change, Energy, the Environment and Water,

(c) for Lord Howe Island—the Lord Howe Island Board constituted by the Lord Howe Island Act 1953,

(d) a local council.