§ 298 — Disqualification from holding FSSA authorisation

298.—(1) This section applies where an FSSA authorisation is revoked under section 83, 96 or 196 (called in this section the invalidated authorisation).

(2) The person who was the holder of an invalidated authorisation is also disqualified, for a period that is specified in a written order by the Agency —

(a)

from holding —(i)

the same FSSA authorisation as the invalidated authorisation; and

(ii)

any other FSSA authorisation or FSSA authorisations associated with the invalidated authorisation that the Agency may specify in the order; and

(b)

where the invalidated authorisation was a food business licence for a type of licensable food business, from being an executive staffer of the same type of licensable food business at any premises.

(3) The period the Agency may specify in a written order under subsection (2) is a period not exceeding 3 years starting immediately after the date of revocation of an invalidated authorisation.

(4) Any FSSA authorisation obtained by a person while disqualified by a written order of the Agency under this section from obtaining such an authorisation is of no effect.

(5) For the purposes of subsection (2)(a)(ii), an FSSA authorisation is associated with an invalidated authorisation if —

(a)

it authorises a type of licensable activity that is grouped by rules made under subsection (6) with the invalidated authorisation; and

(b)

it is not an appointment as a certified pesticide operator or a pre‑market approval.

(6) The Minister may, for the purposes of subsection (5), make rules in the Gazette that group different FSSA authorisations together where the nature of the licensable activities covered by the respective FSSA authorisations are similar.

(7) In this section —“executive staffer”, in relation to a food business, means an individual —(a)

who is in the direct employment of, or is acting for or by arrangement with, the proprietor of the food business;

(b)

who —(i)

directly takes part in managing, or exercises oversight over, the day‑to‑day operations of the food business; or

(ii)

is authorised to make decisions, involving the exercise of his or her discretion, that controls the day‑to‑day operations, of the food business; and

(c)

who is not an officer of the food business if it is a corporation, an unincorporated association or a partnership;

“same FSSA authorisation”, in relation to an invalidated authorisation, means an FSSA authorisation that, if granted —(a)

is granted under the same provision of this Act as the invalidated authorisation covering the same type of licensable activity; and

(b)

covers the same premises which the invalidated authorisation authorised that licensable activity to be carried on (if any) in.

—(1) This section applies where an FSSA authorisation is revoked under section 83, 96 or 196 (called in this section the invalidated authorisation).

(2) The person who was the holder of an invalidated authorisation is also disqualified, for a period that is specified in a written order by the Agency —

(a)

from holding —(i)

the same FSSA authorisation as the invalidated authorisation; and

(ii)

any other FSSA authorisation or FSSA authorisations associated with the invalidated authorisation that the Agency may specify in the order; and

(b)

where the invalidated authorisation was a food business licence for a type of licensable food business, from being an executive staffer of the same type of licensable food business at any premises.

(3) The period the Agency may specify in a written order under subsection (2) is a period not exceeding 3 years starting immediately after the date of revocation of an invalidated authorisation.

(4) Any FSSA authorisation obtained by a person while disqualified by a written order of the Agency under this section from obtaining such an authorisation is of no effect.

(5) For the purposes of subsection (2)(a)(ii), an FSSA authorisation is associated with an invalidated authorisation if —

(a)

it authorises a type of licensable activity that is grouped by rules made under subsection (6) with the invalidated authorisation; and

(b)

it is not an appointment as a certified pesticide operator or a pre‑market approval.

(6) The Minister may, for the purposes of subsection (5), make rules in the Gazette that group different FSSA authorisations together where the nature of the licensable activities covered by the respective FSSA authorisations are similar.

(7) In this section —“executive staffer”, in relation to a food business, means an individual —(a)

who is in the direct employment of, or is acting for or by arrangement with, the proprietor of the food business;

(b)

who —(i)

directly takes part in managing, or exercises oversight over, the day‑to‑day operations of the food business; or

(ii)

is authorised to make decisions, involving the exercise of his or her discretion, that controls the day‑to‑day operations, of the food business; and

(c)

who is not an officer of the food business if it is a corporation, an unincorporated association or a partnership;

“same FSSA authorisation”, in relation to an invalidated authorisation, means an FSSA authorisation that, if granted —(a)

is granted under the same provision of this Act as the invalidated authorisation covering the same type of licensable activity; and

(b)

covers the same premises which the invalidated authorisation authorised that licensable activity to be carried on (if any) in.