§ 321 — Administrative exemption from Act

321.—(1) Subject to subsections (2) and (3), the Director‑General may exempt, for a period specified in the exemption —(a)

a particular person, food business, premises, food or activity from the operation of any provision of this Act where not provided in paragraph (b) or excluded by subsection (7); or

(b)

a particular licensed importer or a particular food business licensee from any requirement in section 87, 88, 89, 99, 100 or 101.

(2) An exemption under subsection (1)(a) must not be granted unless the Director‑General is personally satisfied that all of the following apply:(a)

the risk to public health of providing the exemption is negligible;

(b)

there are other sufficient safeguards under this Act or any other written law, or by other means, to minimise any risk to public health in providing the exemption;

(c)

there are requirements in other written law or there are other means that deal with the matter to be exempted besides the applicable requirements of this Act;

(d)

the exemption is necessary or desirable to avoid unnecessary restrictions on trade.

(3) An exemption under subsection (1)(b) must not be granted unless the Director‑General is personally satisfied that —(a)

there are other sufficient safeguards under this Act or any other written law, or by other means, to minimise any risk to public health in providing the exemption; and

(b)

the exemption is necessary or desirable to avoid unnecessary restrictions on trade,

after considering the factors in subsection (4).

(4) The factors for the purposes of subsection (3) are all of the following:(a)

the frequency and scale of the licensed importer or food business licensee’s operations;

(b)

the potential impact on consumers;

(c)

the kind of food supplied by the licensed importer or food business licensee;

(d)

the feasibility, effectiveness and efficiency of requiring the licensed importer or the proprietor of the licensable food business to comply with the requirement;

(e)

any other matters that the Director‑General considers relevant.

(5) An exemption under this section —(a)

must be in writing and given to the particular person concerned; and

(b)

need not be published in the Gazette.

(6) The power under subsection (1) is non‑delegable.

(7) An exemption under this section cannot extend —(a)

to any provision in Part 2 or Part 9 or the Part 9 Regulations, or any provision in Part 10 involving any Part 9 Regulations; or

(b)

to exempting from all provisions of this Act.

—(1) Subject to subsections (2) and (3), the Director‑General may exempt, for a period specified in the exemption —(a)

a particular person, food business, premises, food or activity from the operation of any provision of this Act where not provided in paragraph (b) or excluded by subsection (7); or

(b)

a particular licensed importer or a particular food business licensee from any requirement in section 87, 88, 89, 99, 100 or 101.

(2) An exemption under subsection (1)(a) must not be granted unless the Director‑General is personally satisfied that all of the following apply:(a)

the risk to public health of providing the exemption is negligible;

(b)

there are other sufficient safeguards under this Act or any other written law, or by other means, to minimise any risk to public health in providing the exemption;

(c)

there are requirements in other written law or there are other means that deal with the matter to be exempted besides the applicable requirements of this Act;

(d)

the exemption is necessary or desirable to avoid unnecessary restrictions on trade.

(3) An exemption under subsection (1)(b) must not be granted unless the Director‑General is personally satisfied that —(a)

there are other sufficient safeguards under this Act or any other written law, or by other means, to minimise any risk to public health in providing the exemption; and

(b)

the exemption is necessary or desirable to avoid unnecessary restrictions on trade,

after considering the factors in subsection (4).

(4) The factors for the purposes of subsection (3) are all of the following:(a)

the frequency and scale of the licensed importer or food business licensee’s operations;

(b)

the potential impact on consumers;

(c)

the kind of food supplied by the licensed importer or food business licensee;

(d)

the feasibility, effectiveness and efficiency of requiring the licensed importer or the proprietor of the licensable food business to comply with the requirement;

(e)

any other matters that the Director‑General considers relevant.

(5) An exemption under this section —(a)

must be in writing and given to the particular person concerned; and

(b)

need not be published in the Gazette.

(6) The power under subsection (1) is non‑delegable.

(7) An exemption under this section cannot extend —(a)

to any provision in Part 2 or Part 9 or the Part 9 Regulations, or any provision in Part 10 involving any Part 9 Regulations; or

(b)

to exempting from all provisions of this Act.