187Annual administration charge

187 Annual administration charge

187 Annual administration charge

(1) For the Act, section 139(2B)(d), an enforcement agency may impose an annual administration charge on a person who carries on a food business that is not required to be licensed under the Act.

(2) The charge must be calculated in relation to each of the premises of the food business by reference to the number of full-time equivalent food handlers working at the premises indicated in the table to this section, as at the date the charge is imposed.

(3) The amount of the charge must not be more than the maximum charge indicated in the table for the premises.

(4) A charge may only be imposed by an enforcement agency on a food business under this section if the enforcement agency intends to carry out at least 1 inspection of the premises of the food business during the 12-month period to which the charge relates.

(5) The enforcement agency must give each person liable to pay a charge under this section written notice specifying the following—

(a) the amount of the charge,

(b) the period to which the charge relates,

(c) the period within which the charge must be paid.

(6) The person liable to pay the charge must pay the charge within the period specified in the notice.

(7) If the enforcement agency does not carry out at least 1 inspection of the premises of the food business during the 12-month period to which the charge relates, the enforcement agency must refund the charge paid by the person who carries on the food business.

(8) A charge paid under this section by a food business that, after the charge has been paid and before the end of the period to which the charge relates, becomes licensed under the Act must be refunded as an amount proportionate to the remainder of the period to which the charge relates.

(9) The enforcement agency may, on the application of the person liable to pay a charge under this section—

(a) extend the time for payment of the charge, or

(b) waive payment of the charge.

(10) This section does not apply to a food business operating for the sole purpose of raising funds for a community or charitable cause.