Victorian Numbered Acts

FOOD AMENDMENT (REGULATION REFORM) ACT 2009 (NO. 42 OF 2009) - SECT 37

    For section 32 of the Food Act 1984 substitute —

        "     32     Councils to submit samples for analysis

    (1)     Subject to subsection (5), each council must submit food samples for analysis in accordance with any sampling requirement declaration made by the Secretary under section 32A.

    (2)     An analyst who makes one or more analyses for a council under this section during a reporting period must prepare a report of the number of analyses made for the council during that period and the results of each analysis.

    (3)     The report must be given to the council and the Secretary as soon as practicable after the end of the reporting period.

    (4)     For the purposes of subsections (2) and (3), the reporting period is—

        (a)     the period specified in the sampling requirement declaration, pursuant to which the food samples are submitted for analysis; or

        (b)     if no period has been specified, each quarter of a year.

    (5)     The Secretary may in writing exempt a council from compliance with subsection (1) on any terms and conditions including, but not limited to, a requirement that the council must arrange one or more specific surveys to be conducted of food premises within its municipal district.

    (6)     A food sample submitted for analysis by a council under this section must be a food sample procured under section 22 from food premises registered by the council or from premises which have given notification to the council under this Act, when those premises are in operation.

    (7)     Sections 23(2), 23(3), 23(4), 23(5) and 55(2) do not apply to a food sample taken for analysis under this section and the results of the analysis is not admissible against a food business in any criminal or civil proceeding other than a proceeding arising in relation to an order made under Part VIII.".