39Suspension or cancellation of licence—the Act, s 102(2)(h)

39 Suspension or cancellation of licence—the Act, s 102(2)(h)

39 Suspension or cancellation of licence—the Act, s 102(2)(h)

(1) The Food Authority may suspend or cancel a licence on any of the following grounds—

(a) the Food Authority is satisfied the suspension or cancellation is necessary to avert a potential threat to food safety,

(b) the Food Authority is satisfied there has been a contravention of a provision of the Act or this regulation in relation to the carrying on of the food business authorised by the licence,

(c) the Food Authority is satisfied that a condition of the licence has been contravened,

(d) the food safety program for the food business is, in the Food Authority’s opinion, inadequate or is not being properly implemented,

(e) an amount due to the Food Authority under the Act by the licence holder is unpaid,

(f) the holder of the licence, or a person involved in the carrying on of the food business authorised by the licence, does not, in the Food Authority’s opinion, have the necessary capacity, experience or qualifications to ensure the safety of food for human consumption,

(g) the licence holder has asked the Food Authority to suspend or cancel the licence.

(2) Before suspending or cancelling a licence under subsection (1), the Food Authority must give the licence holder written notice (a notice of intention) setting out—

(a) that the Authority is proposing to suspend or cancel the licence, and

(b) the grounds and reasons for the proposed suspension or cancellation.

(3) The notice of intention must include a statement that the licence holder may make submissions to the Food Authority in relation to the proposed suspension or cancellation within 14 days after the date the notice of intention is given to the licence holder (the submission period).

(4) Subsections (2) and (3) do not apply if the suspension or cancellation of the licence is at the request of the licence holder.

(5) After considering any submissions made by the licence holder within the submission period, the Food Authority must decide whether to suspend or cancel the licence.