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Government Gazette of the STATE of NEW SOUTH WALES Number 26 Friday, 29 February 2008 Published Under Authority by Government Advertising

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Government Gazette of the STATE of NEW SOUTH WALES Number 26 Friday, 29 February 2008 Published Under Authority by Government Advertising 1253 Government Gazette OF THE STATE OF NEW SOUTH WALES Number 26 Friday, 29 February 2008 Published under authority by Government Advertising LEGISLATION Proclamations New South Wales Commencement Proclamation under the Classification (Publications, Films and Computer Games) Enforcement Amendment Act 2007 No 60 MARIE BASHIR,, GovernorGovernor I, Professor Marie Bashir AC, CVO, Governor of the State of New South Wales, with the advice of the Executive Council, and in pursuance of section 2 (1) of the Classification (Publications, Films and Computer Games) Enforcement Amendment Act 2007, do, by this my Proclamation, appoint 16 March 2008 as the day on which that Act, except Schedule 1 [6], commences. Signed and sealed at Sydney, thisthis 20th day of February day of 2008. 2008. By Her Excellency’s Command, JOHN HATZISTERGOS, M.L.C., L.S. AttorneyAttorney GeneralGeneral GOD SAVE THE QUEEN! Explanatory note The object of this Proclamation is to commence the majority of the provisions of the Classification (Publications, Films and Computer Games) Enforcement Amendment Act 2007, including provisions consequent on the enactment of amendments to the Classification (Publications, Films and Computer Games) Amendment Act 2007 of the Commonwealth (the corresponding Commonwealth Act), and provisions relating to the giving of exemptions under the Classification (Publications, Films and Computer Games) Enforcement Act 1995. The uncommenced provision (Schedule 1 [6]) commences when relevant amendments to the corresponding Commonwealth Act commence. s2008-011-30.d05 Page 1 1254 LEGISLATION 29 February 2008 New South Wales Proclamation under the Roman Catholic Church Communities’ Lands Act 1942 No 23 MARIE BASHIR,, Governor I, Professor Marie Bashir AC, CVO, Governor of the State of New South Wales, with the advice of the Executive Council, and in pursuance of section 2 (2) of the Roman Catholic Church Communities’ Lands Act 1942, do, by this my Proclamation, add the canonical name of “Missionaries of St Francis de Sales, Visakhapatnam Province” to Column 1 of Schedule 2 to that Act, and add to Column 2 of that Schedule opposite the name the corporate name “The Trustees of the Missionaries of St Francis de Sales, Visakhapatnam Province”. Signed and sealed at Sydney, thisthis 20th day of Februaryday of 2008. 2008. By Her Excellency’s Command, JOHN HATZISTERGOS, M.L.C., L.S. AttorneyAttorney GeneralGeneral GOD SAVE THE QUEEN! Explanatory note Schedule 2 to the Roman Catholic Church Communities’ Lands Act 1942 contains canonical and corporate names of certain Roman Catholic orders, congregations, communities, associations and societies. By virtue of being listed in that Schedule, each organisation is a community as defined in the Act and, by virtue of the Act, the trustees of community land for each community become a body corporate and acquire the powers conferred by the Act in relation to property held by them. The object of this Proclamation is to add the Missionaries of St Francis de Sales, Visakhapatnam Province and the corporate name of the trustees of that organisation to Schedule 2 to the Act. s2008-022-30.d03 Page 1 NEW SOUTH WALES GOVERNMENT GAZETTE No. 26 29 February 2008 LEGISLATION 1255 Regulations New South Wales Food Amendment Regulation 2008 under the Food Act 2003 Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Food Act 2003. IAN MACDONALD, M.L.C., MinisterMinister forfor PrimaryPrimary IndustriesIndustries Explanatory note The object of this Regulation is to amend the Food Regulation 2004 as follows: (a) to provide for a fee for improvement notices in respect of food businesses and a fee for the inspection of non-licensed food businesses, (b) to provide for an annual administration charge to be imposed on non-licensed food businesses, (c) to update the fee for the inspection of licensed food businesses in accordance with increases in the Consumer Price Index, (d) to make other minor and miscellaneous changes. This Regulation is made under the Food Act 2003, including sections 66AA, 120 and 139 (the general regulation-making power). s2007-460-04.d06 Page 1 NEW SOUTH WALES GOVERNMENT GAZETTE No. 26 1256 LEGISLATION 29 February 2008 Clause 1 Food Amendment Regulation 2008 Food Amendment Regulation 2008 under the Food Act 2003 1 Name of Regulation This Regulation is the Food Amendment Regulation 2008. 2 Commencement This Regulation commences on 1 March 2008. 3 Amendment of Food Regulation 2004 The Food Regulation 2004 is amended as set out in Schedule 1. Page 2 NEW SOUTH WALES GOVERNMENT GAZETTE No. 26 29 February 2008 LEGISLATION 1257 Food Amendment Regulation 2008 Amendments Schedule 1 Schedule 1 Amendments (Clause 3) [1] Clause 20 Charges for inspections and audits Omit “$140” and “$35” from clause 20 (1). Insert instead “$143.08” and “$35.77” respectively. [2] Clause 38 Requirements of Export Control Orders to apply Omit “Schedules 2 and 3 of the Export Control (Dairy, Eggs and Fish) Orders 2005” from clause 38 (1). Insert instead “Schedules 3 and 4 to the Export Control (Milk and Milk Products) Orders 2005”. [3] Clause 38 (3) Omit the subclause. Insert instead: (3) In this clause: Export Control (Milk and Milk Products) Orders 2005 means the Export Control (Milk and Milk Products) Orders 2005 made under regulation 3 of the Export Control (Orders) Regulations 1982 of the Commonwealth. [4] Clause 170 Enforcement agencies Omit clause 170 (1). Insert instead: (1) For the purposes of the definition of enforcement agency in section 4 (1) of the Act, the Lord Howe Island Board constituted by the Lord Howe Island Act 1953, but only in respect of Lord Howe Island, is prescribed. [5] Clauses 173A, 173B and 173C Insert after clause 173: 173A Improvement notice fee For the purposes of section 66AA (1) of the Act, the prescribed fee is $330. 173B Charges for inspections of non-licensed food business (1) The charge payable for the carrying out by a relevant enforcement agency of any inspection of a food business under section 37 of the Act (other than an inspection in relation to a licence or application for a licence) is $143.08 per hour with a Page 3 NEW SOUTH WALES GOVERNMENT GAZETTE No. 26 1258 LEGISLATION 29 February 2008 Food Amendment Regulation 2008 Schedule 1 Amendments minimum charge of half an hour (excluding time spent in travelling) plus $35.77 for travelling expenses. (2) The relevant enforcement agency may increase the amounts referred to in subclause (1) annually in accordance with the annual percentage increase (if any) in the Consumer Price Index (All Groups Index) for Sydney issued by the Australian Statistician. (3) The charges payable under this clause are payable to the relevant enforcement agency that carried out the inspection under this clause. (4) The relevant enforcement agency may reduce or waive payment of a charge in a particular case or class of cases. (5) In this clause, relevant enforcement agency means any of the following: (a) the Food Authority, (b) in respect of the Kosciuszko National Park, the Director-General of the Department of Environment and Climate Change, (c) in respect of Lord Howe Island, the Lord Howe Island Board constituted by the Lord Howe Island Act 1953, (d) a local council, but only in respect of an area that is not within a local government area. 173C Annual administration charge (1) An enforcement agency may impose an administration charge for a 12 month period on a person who carries on a food business that is not required to be licensed under the Act. (2) The charge is to be calculated in relation to each of the premises of the food business by reference to the number of full-time equivalent food handlers working at the premises indicated in Column 1 of the Table to this clause, as at the date the charge is imposed. (3) The amount of the charge must not exceed the maximum charge indicated in Column 2 of the Table to this clause. (4) A charge may only be imposed by an enforcement agency on a food business under this clause if the enforcement agency intends to carry out at least one inspection of the premises of the food business during the 12 month period to which the charge relates. Page 4 NEW SOUTH WALES GOVERNMENT GAZETTE No. 26 29 February 2008 LEGISLATION 1259 Food Amendment Regulation 2008 Amendments Schedule 1 (5) The enforcement agency is to issue each person who is liable to pay a charge under this clause with a notice in writing that specifies the following: (a) the amount of the charge, (b) the period for which the charge relates, (c) the period within which the charge must be paid. (6) The person liable to pay a charge under this clause must pay the charge within the period specified in the notice. (7) If the enforcement agency does not carry out at least one inspection of the premises of the food business during the 12 month period to which the charge relates, the enforcement agency must refund the charge paid (if any) by the person who carries on the food business. (8) Any charge paid under this clause in respect of a food business that, after the charge has been paid and before the expiration of the period to which the charge relates, becomes licensed under the Act, is to be refunded as an amount proportionate to the remainder of the period to which the charge relates. (9) The enforcement agency may, on the application of the person liable to pay a charge under this clause, extend the time for payment of the charge or reduce or waive payment of the charge. (10) This clause does not apply to a food business that operates for the sole purpose of raising funds for a community or charitable cause.
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