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2019-02-12 Attachment 3 to Item 5 - Delegations No Changes
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DELEGATION OF AUTHORITY
TITLE: FOOD PREMISES
Delegation by the Council to: Date:
Chief Executive Officer
Source of Authority:
Food Act 2006
Food Production Safety Act 2000
Local Government Act 2009 – Section 257
Delegated Power:
1. To exercise powers of the Council pursuant to the Food Act 2006.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to administer and enforce the following provisions of the : Section 23(1)
(a) section 39(1);
(b) chapters 3 and 4;
(c) chapter 6, other than section 159.
Power to administer and enforce sections 32, 33, 35 and 36 of the Food Act, in Section 24
conjunction with the State.
Power to agree with the chief executive that the State may do a thing that is a Section
matter of administration and enforcement for local government under section 25(1)(a)
23(1) of the .
Power to agree with the chief executive that Council may do a thing that is a Section
matter of administration and enforcement for the State under section 22(1) of 25(1)(b)
the .
Power to consult with the chief executive, and provide information required by Section 28
the chief executive, about the administration and enforcement of sections 24
and 25 of the .
Power to consider and grant, or refuse to grant, an application for a licence to Section 55
carry on a licensable food business.
Power to obtain and consider the written advice of an auditor about whether a Section 56(2)
food safety program complies with section 98.
Power to decide whether premises are suitable for carrying on a licensable food Section 58
business.
Power to make enquiries as to the suitability of the applicant to hold a licence, Section
and the suitability of the premises for carrying on a licensable food business. 59(1)(a)
Power to require the applicant to give Council further information or documents Section
that Council reasonably requires. 59(1)(b)
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