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HEALTH LEGISLATION AMENDMENT ACT 2011 No. 41 - SECT 16

16 Insertion of new ch 12, pt 3

Chapter 12—

insert—

'In this part—

commencement means the commencement of this part.

relevant licence means a licence for a food business carried on from fixed premises or temporary premises that are a food vending machine within the meaning of this Act as in force on the commencement.

'(1) This section applies to a relevant licence that was in force immediately before the commencement.

'(2) On and from the commencement—

(a) the licence is taken to be a licence for a food business carried on from mobile premises that are the food vending machine, subject to the conditions to which the licence was subject immediately before the commencement; and
(b) the licence is taken to comply with section 94(b)(iii)(B); and
(c) the register of food businesses need not contain the particulars mentioned in section 265(2)(e)(ii) for the food business.

'(3) Subsection (2) stops applying when the licence is first renewed after the commencement.

'(1) This section applies to an application for a relevant licence that was made under chapter 3, part 3, but not decided, before the commencement.

'(2) On and from the commencement, the application is taken to be an application for a licence for a food business carried on from mobile premises that are the food vending machine.

'(3) An application to which this section applies is not invalid only because it does not comply with section 53(1)(e) as in force on the commencement.

Note—
The local government may, under section 59, require the applicant to give the local government the serial number or other identifying mark of the food vending machine.

'(1) This section applies to an application for the renewal, restoration or amendment of a relevant licence made under chapter 3, part 5, but not decided, before the commencement.

'(2) On and from the commencement, the application is taken to be an application for the renewal, restoration or amendment of a licence for a food business carried on from mobile premises that are the food vending machine.

Note—
The local government may, under section 75, require the applicant to give the local government the serial number or other identifying mark of the food vending machine.

'(1) This section applies to a local government that is, on the commencement of chapter 11, part 3B, conducting a food business rating scheme.

'(2) Within 90 calendar days after the commencement of chapter 11, part 3B, the local government must give the chief executive a notice stating details of the food business rating scheme sufficient to enable the chief executive to assess the compliance of the scheme with the prescribed requirements for food business rating schemes.

'(3) The chief executive must—

(a) assess whether the food business rating scheme complies with the prescribed requirements for food business rating schemes; and
(b) advise the local government and the Minister whether the scheme complies with the prescribed requirements.

'(4) The Minister may disallow the food business rating scheme under chapter 11, part 3B.'.



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