AustLII Tasmanian Numbered Acts

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FOOD ACT 2003 (NO. 8 OF 2003) - SECT 81

Variation of conditions, or suspension or cancellation, of approval of laboratory

(1)  The Director of Public Health may vary the conditions of, or suspend or cancel, the approval of a laboratory under this Division.
(2)  An approval of a laboratory may be suspended or cancelled on one or more of the following grounds:
(a) if the Director of Public Health is satisfied that a person providing services at the laboratory has contravened or failed to comply with any provision of this Act;
(b) if the Director of Public Health is satisfied that a person providing services at the laboratory has contravened a condition to which the approval is subject;
(c) if the Director of Public Health is satisfied that a person in charge of, concerned in the management of or employed by the laboratory has a direct or indirect interest in any food business that, in the opinion of the Director of Public Health, could affect the carrying out of the laboratory's functions under this Act;
(d) at the request of the person in charge of the laboratory;
(e) for any other reason that the Director of Public Health considers appropriate.
(3)  The Director of Public Health may only vary the conditions of, or suspend or cancel, the approval of a laboratory –
(a) after having given the person in charge of the laboratory –
(i) written reasons for his or her intention to vary, suspend or cancel; and
(ii) an opportunity to make submissions; and
(b) after having considered any submissions made by the person.
(4)  Subsection (3) does not apply to the cancellation of an approval at the request of the person in charge of the laboratory.
(5)  A variation of the conditions of, or the suspension or cancellation of, approval of a laboratory –
(a) must be made by notice in writing; and
(b) must be served on the person in charge of the laboratory; and
(c) takes effect on the day on which the notice is served or on a later day specified in the notice.



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