Victorian Current Acts

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DAIRY ACT 2000 - SECT 26

Powers of Authority in respect of licences

    (1)     The Authority may—

        (a)     refuse to issue;

        (b)     issue or renew subject to conditions (if any);

        (c)     refuse to renew;

        (d)     refuse to transfer;

        (e)     cancel;

        (f)     suspend—

a dairy industry licence on any of the grounds specified in subsection (2) and must in any such case notify the applicant or licensee in writing of the ground for doing so.

    (2)     The grounds are—

        (a)     the licensee has ceased to carry on business of the nature specified in the licence;

S. 26(2)(b) amended by No. 46/2008 s. 273.

        (b)     the applicant or the licensee, as the case may be, does not, or the premises or the vehicle does not, meet or comply with any requirement of this Act, the regulations or a Code of Practice or of the Public Health and Wellbeing Act 2008 or the Food Act 1984 that is applicable;

        (c)     the applicant or the licensee, as the case may be, has been convicted of an offence in relation to a requirement specified in paragraph (b);

        (d)     the licensee has failed to comply with any condition specified in the licence;

        (e)     the Authority has withdrawn or suspended approval of a food safety program;

S. 26(2)(ea) inserted by No. 69/2004 s. 41.

        (ea)     the applicant or licensee has defaulted on any debt owed to the Authority;

        (f)     any other ground which is prescribed for the purposes of this section.

    (3)     The Authority may insert a new condition or amend, vary or delete any condition or other matter specified in a dairy industry licence and must advise the licensee in writing of any such insertion, amendment, variation or deletion.

    (4)     The Authority may issue or renew a dairy industry licence for a period not exceeding 6 months so as to enable the applicant or licensee to comply with any requirements under subsection (2)(b) or any condition under subsection (2)(d) or (2)(e).



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