Food Production (Meat Food Safety Scheme) Amendment Regulation 2003 (NSW)
2003 No 335
New South Wales
Food Production (Meat Food Safety
Scheme) Amendment Regulation 2003
under the
Food Production (Safety) Act 1998
Her Excellency the Governor, with the advice of the Executive Council, and with the concurrence of the Minister administering the Administrative Decisions Tribunal Act 1997 and the Minister administering the Food Act 1989, has made the following Regulation under the Food Production (Safety) Act 1998.
IAN MACDONALD, M.L.C.,
Minister for Agriculture and Fisheries
Explanatory note
The objects of this Regulation are as follows:
| (a) | to replace the existing right of appeal to the Minister under the Food Production (Meat Food Safety Scheme) Regulation 2000 with a right to have certain decisions reviewed by the Administrative Decisions Tribunal, and |
| (b) | to provide that Safe Food Production NSW may reduce or waive certain licence and audit fees. |
The Regulation also contains an amendment to maintain consistency with the Food
Production (Dairy Food Safety Scheme) Regulation 1999.
This Regulation is made under the Food Production (Safety) Act 1998, including sections 19 and 70 (the general regulation-making power).
| Published in Gazette No 97 of 13 June 2003, page 5626 | Page 1 |
| 2003 No 335 | |
| Clause 1 | Food Production (Meat Food Safety Scheme) Amendment Regulation 2003 |
Food Production (Meat Food Safety Scheme)
Amendment Regulation 2003
under the
Food Production (Safety) Act 1998
1 Name of Regulation
This Regulation is the Food Production (Meat Food Safety Scheme)
Amendment Regulation 2003.
2 Amendment of Food Production (Meat Food Safety Scheme) Regulation 2000
The Food Production (Meat Food Safety Scheme) Regulation 2000 is amended as set out in Schedule 1.
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2003 No 335
Food Production (Meat Food Safety Scheme) Amendment Regulation 2003
| Amendments | Schedule 1 |
| Schedule 1 Amendments |
(Clause 2)
[1] Clause 2A
Insert after clause 2:
2A Meat food safety scheme The provisions of this Regulation are prescribed as a food safety scheme for the purposes of section 19 of the Act.
[2] Clauses 8 (4), 9 (6), 12 (4) and 13 (5)
Omit “appeal” wherever occurring. Insert instead “review”.
[3] Clause 15 Licence fees
Insert after clause 15 (2):
(3) Safe Food may, at any time, waive the whole or part of a fee
payable in respect of the issue or renewal of a licence.
[4] Part 5
Omit the Part. Insert instead:
Part 5 Review of certain decisions 81 Reviews
(1) A person may apply to the Administrative Decisions Tribunal
for a review of the following decisions of Safe Food:
(a)
a decision to refuse to issue a licence to the person or to refuse to renew the person’s licence,
(b)
a decision to issue a licence to the person subject to conditions imposed by Safe Food,
(c)
a decision to vary the conditions of the person’s licence or to impose a condition on the person’s licence,
(d) a decision to suspend or cancel the person’s licence, (e)
a decision as to the assessment of the applicable licence fee for a licence held by the person,
(f)
a decision to revoke an approval as a meat safety officer.
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2003 No 335
Food Production (Meat Food Safety Scheme) Amendment Regulation 2003
| Schedule 1 | Amendments |
(2) Subclause (1) applies only to decisions made after the commencement of this clause.
Note. For decisions made before the commencement of the Food Production (Meat Food Safety Scheme) Amendment Regulation 2003 see clause 7 of Schedule 10.
[5] Clause 83 Audits of licensed premises
Insert after clause 83 (5):
(6) Safe Food may reduce, or waive payment of, a fee under this
clause in a particular case or any class of cases.
[6] Schedule 10 Savings and transitional provisions
Insert after clause 6:
7 Appeals to the Minister
An appeal against a decision of Safe Food, being a decision:
(a)
referred to in clause 81, as in force immediately before the commencement of the Food Production (Meat Food Safety Scheme) Amendment Regulation 2003, and
(b) made before that commencement, is to be dealt with by the Minister in accordance with Part 5 as
in force immediately before that commencement.
BY AUTHORITY
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