Food Act 2014

Provisions relating to recognition, territorial authorities, administration, and enforcement - Cost recovery

202: Three-yearly review of cost recovery

You could also call this:

"The Minister checks food costs every three years to make sure they are fair for everyone."

Illustration for Food Act 2014

The Minister has to check the costs of recovering money for food and food businesses every three years. You need to know that this check happens for different types of food, businesses, and people. The Minister must do this to make sure the costs are fair.

The Minister must talk to the right people about the review, as stated in section 379. This means the Minister will get feedback from people who are affected by the costs. The Minister will use this feedback to make decisions.

The Minister can make changes to recover money that was not paid in the past four years. The Minister can also give money back if too much was paid. This helps make sure the costs are fair and accurate for you.

The Minister does not have to review all costs at the same time. The Minister can also make changes to the rules at any time, without a deadline. This gives the Minister flexibility to make the right decisions for you.

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201: Cost recovery to relate generally to financial year, or

"Charges must be set before the financial year starts and stay the same until changed."


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203: Regulations about fees, charges, and levies, or

"Rules about paying fees and charges under the Food Act 2014"

Part 4Provisions relating to recognition, territorial authorities, administration, and enforcement
Cost recovery

202Three-yearly review of cost recovery

  1. The Minister must review the levels and methods of cost recovery in relation to any class of food or food product, food product business, persons, or other matter at least once in every 3-year period occurring since the original setting of, or latest change to, the cost recovery for those things.

  2. The Minister must ensure that appropriate consultation in accordance with section 379 takes place in relation to each review.

  3. A review may make provision for recovery in any relevant financial year of any shortfall in cost recovery for any of the preceding 4 financial years, or make allowance for any over-recovery of costs in those years (including any estimated shortfall or over-recovery for the immediately preceding financial year).

  4. Subsection (1) does not—

  5. require all areas of cost recovery to be reviewed at the same time:
    1. impose any time limit on the making of regulations to implement the results of a review.