2019-02-12 Attachment 3 to Item 5 - Delegations No Changes

DESCRIPTION OF POWER DELEGATED                                                   LEGISLATION

Power, as the first local government, to take action, in relation to a thing done Section 92(2)
or 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.

Power, before deciding the application, to require the applicant to give further Section 105(1)
information or documents reasonably required to decide the application.

Power to give an information notice to the applicant where the application is Section 107(4)
refused under section 107.

Power to decide that more time is needed to make a decision about the Section 108(1)
application.
Power to agree with the applicant, at any time prior to the final consideration Section 108(3)
day, about the day upon which the application must be decided.
Power, after accrediting an applicant’s food safety program, to decide how often Section 109(2)
the program must have compliance audits.
Power to determine changes to the frequency of compliance audits for a food Section 110
safety program accredited by Council.

Power to consider an application and approve, or refuse to approve, the Section 112(4)
amendment of an accredited food safety program.

Power, before deciding the application, to require the applicant to give further Section 113(1)
information or documents reasonably required to decide the application.

Power, by notice, to direct the holder of a Council accredited food safety Section 114
program to amend the program.

Power to give the holder of a food safety program a show cause notice, and to Section 118
decide the term of the show cause period.

Power to consider representations about a show cause notice.                     Section 119
Power, after considering written representations by the holder of the accredited Section 120
food safety program, to take no further action.

Power to cancel the accreditation of a food safety program.                      Section 121 (2)


Power to conduct a non-conformance audit of a food safety program.               Section 160(2)
Power to approve an improvement notice where remedying the contravention Section 210(2)
would be likely to stop the food business from operating.

Power, as the ‘reviewer’, to review an original decision under Chapter 3 or Section 237
Chapter 4 of the Food Act.

Power, as reviewer, to, at any time, extend the time to apply for a review.      Section 238(2)


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