19Transfer of accreditation

19 Transfer of accreditation

(1)  Subject to this section and any condition of the accreditation excluding or limiting the right of transfer under this section, the Chief Inspector may approve or refuse an application for the transfer of an accreditation under this section.

(2)  An application for the transfer of an accreditation –

(a) must be made to the Chief Inspector by both parties to the transfer; and

(b) must conform to the requirements of the Chief Inspector about its form, contents and the manner in which it is made; and

(c) must be accompanied by the fee prescribed in the regulations.

(3)  The Chief Inspector may approve the transfer of an accreditation only if satisfied –

(a) that the proposed transferee is a suitable person to hold such an accreditation; or

(b) if the proposed transferee is a body corporate, that each director of the body corporate is a suitable person to be the director of a body corporate that holds such an accreditation; or

(c) that the proposed transferee has the capacity, or has made or proposes to make appropriate arrangements, to satisfy any requirements for accreditation set out in the food safety scheme applicable to the primary production activity the proposed transferee is to engage in.

(4)  For the purposes of determining the suitability of a person under subsection (3) , the Chief Inspector may, without limitation, take into account –

(a) any offence committed by the person against –

(i) this Act or an Act repealed by this Act; or

(ii) the Food Act 2003 ; or

(iii) a prescribed Act; or

(iv) a corresponding law; and

(b) any offence of dishonesty committed by the person.