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Food Act 2014

Miscellaneous provisions - Information and consultation requirements - Consultation

380: Consultation: chief executive’s powers

You could also call this:

"The chief executive must talk to people before making big decisions that affect them."

Illustration for Food Act 2014

When the chief executive wants to use their power to issue notices under section 405, you need to know they have to follow some rules. The chief executive must talk to people about their plan to use this power. They have to make sure people who will be affected by their decision are told about it and have a chance to give their thoughts.

The chief executive has to give people enough time to think about the plan and make submissions. They also have to think carefully about what people say. Before making a decision, the chief executive must talk to people and consider what they say.

If the chief executive thinks it is necessary to make a decision quickly for the public's benefit, they do not have to follow these rules. If they do not follow these rules, it does not change the decisions they make. This does not apply when the chief executive issues emergency notices under section 410.

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Topics:
Health and wellbeing > Food and water safetyBusiness > Industry rules
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379: Consultation: Minister’s powers, or

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Part 5Miscellaneous provisions
Information and consultation requirements: Consultation

380Consultation: chief executive’s powers

  1. This section applies to the chief executive’s power to issue notices under section 405.

  2. The chief executive must consult about a proposal to exercise the power.

  3. The chief executive must adopt a consultation procedure that includes, to the extent practicable in the circumstances,—

  4. giving adequate and appropriate notice of the proposal to exercise the power; and
    1. ensuring that notice is given to the persons or organisations that the chief executive considers representative of the interests of persons likely to be substantially affected by the exercise of the power; and
      1. giving interested persons a reasonable opportunity to make submissions; and
        1. considering the submissions adequately and appropriately.

          1. Before exercising the power, the chief executive must—

          2. consult as required by subsection (3); and
            1. take the results of the consultation into account.

              1. This section does not apply if the chief executive considers it necessary or desirable in the public interest that the power be exercised urgently.

              2. A failure to comply with this section does not affect the validity of specifications or requirements set out in the notice.

              3. This section does not apply to the chief executive's power to issue emergency notices under section 410.