2017-12-12 S&O Agenda - Attachment 2 to Item 7 - Reviewed Delegations of Authority

                                                                              ATTACHMENT 2

DESCRIPTION OF POWER DELEGATED                                                      LEGISLATION
Power to issue a provisional licence, at any time prior to deciding an application Section 64
for a licence.
Power to decide the term of the licence. (Note: not more than 3 years).             Section 67
Power to decide the term of the provisional licence. (Note: not more than 3 Section 68(1)
months).
Power to extend, and further extend, the term of a provisional licence (to a total Section 68(2)
period of not more than 3 months after the provisional licence was issued).
Power to impose reasonable conditions on the licence.                               Section 69(1)(e)
Power to consider and renew, or refuse to renew, the licence for an application Section 72(3)
made under section 72(1) of the Food Act.
Power to consider and restore, or refuse to restore, the licence, where Section 73(3)
application has been made under section 73(1) of the Food Act.
Power to consider and amend, or refuse to amend, a licence, where application Section 74(3)
has been made under section 74(1) of the Food Act.
Power to require the applicant to give Council further information or documents Section 75(1)
Council reasonably requires to decide the application (for an application that is
made under Chapter 3, Part 5, Division 2, Subdivision 1, i.e. sections 72(1),
73(1) and 74(1)).
Power to give an information notice where Council has failed to decide an Section 77(4)
application within 30 days of receipt under Chapter 3, Part 5, Division 2,
Subdivision 1, i.e. Sections 72(1), 73(1) and 74(1).
Power to give a show cause notice.                                                  Section 79(2)
Power to consider representations about a show cause notice.                        Section 80(2)
Power to end the show cause process after considering representations made Section 81
by the licensee.
Power to suspend a licence after considering representations (if any).              Section 82(2)(a)
Power to cancel a licence after considering representations (if any).               Section 82(2)(b)
Power to suspend a licence immediately.                                             Section 83(1)
Power to give an information notice and show cause notice, as required, before Section 83(2)
suspending a licence pursuant to section 83(1).
Power, as the second local government, to take the same action as the first Section 90(1)
local government (except the power to cancel, suspend impose conditions or
other similar action in relation to the licence).
Power, as the second local government, to advise the first local government of      Section 91(2)
the thing done or omitted to be done by a licensee of a mobile food business.
Power, as the first local government, to take action, in relation to a thing done or Section 92(2)
omitted to be done by the licensee in the second local government area.
Power to consider and grant, or refuse to grant, an application for a replacement Section 97
licence.
Power to consider an application and to accredit, or refuse to accredit, the food Section 103(1)
safety program.
Power to obtain and consider the written advice of an auditor about whether or Section 103(2)
not the food safety program complies with the criteria in section 104.




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