Part 5Miscellaneous provisions
Regulations: Regulations about core provisions
386Regulations about approved documents, materials, or facilities, or persons or classes of persons
The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations setting out criteria that the chief executive must take into account before approving a document, material, or facility, or a person or class of persons under section 291.
The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations that require an approved document, material, or facility, or an approved person or an approved class of persons to be used.
Before the Minister recommends that the Governor-General makes regulations under subsection (2), the Minister must take the following matters into account:
- whether it is necessary to require the use of an approved document, material, or facility, or an approved person or an approved class of persons to manage a risk to the safety or suitability of food:
- whether it is desirable to require the use of an approved document, material, or facility, or an approved person or an approved class of persons to maintain consistency in approaches, methodology, and technology:
- whether it is desirable to require the use of an approved document, material, or facility, or an approved person or an approved class of persons to make cost and efficiency gains:
- any other matters that the Minister considers relevant to the question of whether an approved document, material, or facility, or an approved person or an approved class of persons must be used.
Before recommending the making of regulations under this section, the Minister must be satisfied that there has been appropriate consultation on the regulations in accordance with section 379.
Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
Notes
- Section 386(5): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).


