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Food Act 2014

Miscellaneous provisions - Notices - Notices

411: Notification and duration of emergency notice

You could also call this:

"What happens when the government issues an urgent food safety notice and how long it lasts"

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When the Minister or chief executive issues an emergency notice under section 410, you need to know what happens next. The Minister or chief executive must tell all people who will be affected by the notice, as long as it is possible to do so, and they must also comply with the Legislation Act 2019.

The emergency notice starts on the day it is published, or on a later day that is specified in the notice, or on an earlier day if everyone affected has been given a copy of the notice. The notice stops being in effect after six months, unless the Minister or chief executive cancels it earlier or extends it for another six months, and you can find out more about publication requirements in Part 3 of the Legislation Act 2019.

If the Minister or chief executive cancels or extends the notice, they must publish this information, and this is considered secondary legislation.

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Part 5Miscellaneous provisions
Notices: Notices

411Notification and duration of emergency notice

  1. This section applies when the Minister or chief executive issues an emergency notice under section 410.

  2. Repealed

  3. Repealed

  4. In addition to complying with the Legislation Act 2019, the Minister or chief executive must, to the extent that it is practicable, bring the notice to the attention of all persons likely to be affected by it.

  5. The notice takes effect on—

  6. a day that—
    1. is later than the day it is published under the Legislation Act 2019; and
      1. is specified in the notice; or
      2. a day that is earlier than the day it is notified or published in the Gazette, if every person affected has been supplied with a copy of the notice by the earlier day; or
        1. the day it is notified or published in the Gazette, if paragraph (a) or (b) does not apply.

          1. The notice ceases to have effect at the end of 6 months after the date of its publication under the Legislation Act 2019, unless—

          2. the Minister or chief executive revokes it earlier; or
            1. the Minister or chief executive extends it by notice for 1 further period of up to 6 months.

              1. The following are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements):

              2. a revocation under subsection (6)(a); and
                1. a notice under subsection (6)(b).

                  Notes
                  • Section 411(2): repealed, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                  • Section 411(3): repealed, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                  • Section 411(4): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                  • Section 411(5): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                  • Section 411(6): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                  • Section 411(6)(b): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                  • Section 411(7): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).