Food (Fees) Variation Regulations 2018 (SA)

South Australia

Food (Fees) Variation Regulations 2018

under the Food Act 2001

Contents

Part 1—Preliminary

1            Short title

2            Commencement

3            Variation provisions

Part 2—Variation of Food Regulations 2017

4            Revocation of regulation 9

5            Substitution of regulation 13

13          Inspection fee

6            Insertion of Schedule 1

Schedule 1—Fees

Part 1—Preliminary

1—Short title

These regulations may be cited as the Food (Fees) Variation Regulations 2018.

2—Commencement

These regulations come into operation on 1 July 2018.

3—Variation provisions

In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.

Part 2—Variation of Food Regulations 2017

4—Revocation of regulation 9

Regulation 9—revoke the regulation

5—Substitution of regulation 13

Regulation 13—delete regulation 13 and substitute:

13—Inspection fee

An enforcement agency may—

(a)impose a fee of an amount prescribed by Schedule 1 for the carrying out of any inspection of any premises or food transport vehicle by an authorised officer appointed by the enforcement agency reasonably required in connection with the operation or administration of the Act; and

(b)recover the fee as a debt from the occupier of the premises, or from the owner or operator of the food transport vehicle (as the case may be).

6—Insertion of Schedule 1

After regulation 15—insert:

Schedule 1—Fees

The following fees are payable under the Act and these regulations:

1	Application for approval of food safety auditors (section 73(3)(b) of Act)
(a)    in the case of a Public Service employee employed for the purpose of carrying out the functions of a food safety auditor	no fee
(b)    in any other case	$145
2	Inspection fee (regulation 13)—the reasonable costs incurred in carrying out the inspection, but not exceeding—
(a)    in the case of a small business	$121
(b)    in any other case	$300

Note—

As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.

Made by the Governor

with the advice and consent of the Executive Council

on 21 June 2018

No 75 of 2018

T&F18/018CS