61Variation of conditions, or suspension or cancellation, of approval of food safety auditor

61 Variation of conditions, or suspension or cancellation, of approval of food safety auditor

(1)  The Chief Inspector may vary the conditions of, or suspend or cancel, the approval of a person as a food safety auditor.

(2)  An approval of a person as a food safety auditor may be suspended or cancelled on one or more of the following grounds:

(a) the Chief Inspector is satisfied that the person has wilfully or negligently contravened a provision of this Act, the Food Act 2003 or a corresponding law;

(b) the Chief Inspector can no longer be satisfied the person is a fit and proper person;

(c) the Chief Inspector is satisfied that the person has contravened a condition to which the approval is subject;

(d) the Chief Inspector is satisfied that the person has not competently carried out a duty of a food safety auditor under this Act;

(e) if the Chief Inspector is satisfied that the person has a direct or indirect interest in any person or primary produce business that, in the opinion of the Director, could affect the performance of the person's duties as a food safety auditor under this Act;

(f) the person's name has been removed from the register of food safety auditors of another State or a Territory for reasons related to character or performance;

(g) at the request of the person;

(h) for any other reason that the Chief Inspector considers appropriate.

(3)  The Chief Inspector may only vary the conditions of, or suspend or cancel, the approval of a person as a food safety auditor –

(a) after having given the person –

(i) written reasons for the Chief Inspector's intention to vary, suspend or cancel the approval; and

(ii) 14 days to make submissions; and

(b) after having considered any submissions made by the person.

(4)  Subsection (3) does not apply to the cancellation of a person's approval as a food safety auditor made at the request of that person.