New South Wales Repealed Acts

This legislation has been repealed.

BREAD ACT 1969 - SECT 12

12 Bread manufacturers' licences

(1) Any person who applies therefor is entitled to be issued with a licence to carry on in any premises the business of manufacturing, preparing or baking bread for trade or sale if the Secretary is satisfied that:

(a) the applicant is a fit and proper person to hold a licence, and

(b) the premises and the equipment and facilities provided or to be provided in the premises are suitable for use in the manufacture, preparation or baking of bread.

(2) A person who carries on in any premises the business of bread manufacturer without being the holder of a licence in relation to those premises is guilty of an offence against this Act.

(3) An application for a licence shall be made to the Secretary, shall be in a form approved by the Minister, shall specify the premises which the applicant proposes to use or, as the case may be, uses as a bakehouse or bakehouses and shall be accompanied by the prescribed fee.

(4) A licence shall, subject to this Part, remain in force for a period of one year from the date of the issue thereof and may be renewed from time to time for a like period.

(5) The Secretary may:

(a) grant any application for a licence either unconditionally or subject to such terms and conditions as the Secretary may impose, and

(b) during the currency of a licence, impose terms and conditions, vary the existing terms and conditions of the licence or impose terms and conditions additional to the existing terms and conditions of the licence.

(6) Any such term or condition may be made applicable to or in respect of all premises or to any one or more of the premises to which the application or, as the case may be, the licence relates.

(7) A person, being the holder of a licence, who contravenes or fails to comply with any term or condition of the licence is guilty of an offence against this Act.

(8) The Industrial Court, on the application of the Secretary, may:

(a) cancel any licence or direct that the renewal of any licence be refused, or

(b) suspend any licence for such period as the Industrial Court may determine,

in relation to all premises or any one or more of the premises to which the licence relates, if the Industrial Court is satisfied that the person to whom the licence was issued:

(c) has contravened or failed to comply with any term or condition of the licence,

(d) is not a fit and proper person to hold a licence, or

(e) has, whether before or after the commencement of this Act, been convicted three times within the previous five years of prescribed offences (whether of the same or different kinds).

(9) In subsection (8) "prescribed offences" means:

(a) offences under any Act relating to public health,

(b) offences arising under section 13, 14D, 15 or 17, and

(c) offences arising under section 4, 5, 8 or 9B of the Bread Manufacture and Delivery Act 1950 .

(10) Where a licence has been suspended under subsection (8), the person to whom the licence was issued shall, during the period of suspension, be deemed not to be the holder of a licence in relation to the premises in relation to which the licence was suspended.

(11) The decision of the Industrial Court on any application made under subsection (8) shall be final and shall be carried into effect by the Secretary.

(12) Nothing in this section affects the operation of the Factories, Shops and Industries Act 1962 .