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

 DESCRIPTION OF POWER DELEGATED                                                   LEGISLATION

 Power, as reviewer, to, after reviewing the original decision, make a further Section 239
 decision to:
 (a) confirm the original decision; or
 (b) amend the original decision; or
 (c) substitute another decision for the original decision.

2. To exercise powers of the Council pursuant to the Food Production Safety Act 2000.


 DESCRIPTION OF POWER DELEGATED                                                   LEGISLATION

 Power to approve the appointment of an employee of Council as an authorised Section 83
 officer by Safe Food Production (QLD).

3. To exercise powers as a delegated officer pursuant to Council under the Food Act 2006 and
   Food Production Safety Act 2000.

 DESCRIPTION OF POWER DELEGATED                                               LEGISLATION
 NOTE: No specific power to delegate CEO’s powers included in the Food Act
 2006. Section 259 of the LGA sufficient.
 Section 27A(12) of the Acts Interpretation Act 1954 prevents sub-delegation.
 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 Food Act 2006.
 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 Food Act 2006.
 Power to consult with the chief executive in relation actions taken by the State Section 27(a)
 on Council’s behalf under section 26(2).
 Power to consult with the chief executive about the chief executive asking Section 28(4)
 Council to provide information about matters administered and enforced by
 Council, either solely or in conjunction with the State, under the Food Act 2006.
 Power, as administering executive, to give directions to an authorised person in Section 165
 the exercise of powers under the Food Act 2006.
 Power to appoint an authorised person for the purposes of the Food Act 2006.     Section 168
 Power, as administering executive, to sign a notice that states the conditions on Section 169
 which an authorised person holds office.
 Power, as administering executive, to issue an identity card to each authorised Section 170
 person.
 Power, if a seized thing is forfeited to Council, to deal with it a manner Section 193(6)
 considered appropriate.
 Power to apply to the District Court for an injunction.                          Section 223
 Power to sign a certificate stating that costs sought by Council under section Section 250(4)
 255 of the Food Act 2006 were incurred.
 Power to deal with a thing forfeited to Council, under section 257, in manner Section 258
 considered appropriate.
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