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Buying or selling a food, public health or accommodation business

New Food Act Requirements for change of ownership

On 1 July 2021, changes to the Food Act 1984 came into effect. These changes introduced new legislative requirements for when a registered Food Act business changes ownership.

Food Act registrations can no longer be transferred between owners.  For ownership of a food business to change the current proprietor must notify Council of a date to cancel their Food Act registration and the new proprietor must complete a new registration with Council.

Before you buy an existing food business, we strongly recommend you get an up-to-date Food Act pre-purchase inspection so you know exactly what you are buying.

Food Act pre-purchase inspection process

Before you buy an existing food business, we strongly recommend you get an up-to-date Food Act pre-purchase inspection so you know exactly what you are buying.

Complete the following steps to request a pre-purchase inspection.

Note: We cannot release any information to you without the current owner's consent.

  1. Download the consent form below and get the current owner to sign it. Attach the completed consent form to your online application.
  2. Complete the online pre-purchase inspection and consent form and pay via the link below.
  3. Pre-purchase inspection fees:
    • $290- standard process time (10 working days)
    • $400- express process time (4 working days)
  4. We will organise the inspection and send you (or your solicitor) a copy of the Food Act inspection report.
  5. You should talk to your solicitor and agree who will be responsible for lodging the application for registration form just before you take over the business.

Application for a new Food Act registration

Once you've completed the inspection process and are going ahead with the sale of the food business, you must complete the application to register, which will be emailed to the requester of the application.

You should then:

  • lodge this form with our Environmental Health team
  • pay the appropriate fee (see list below)

Registration fees for new Food Businesses

Please note: Council registers Food Act businesses for the calendar year that the business commenced operation. Fees will vary depending on the date the business opens.

A full fee is charged in the first six months of the year from January to June. A pro-rata fee is charged during the three months from July to September. In the three months from October to December, a full fee is charged that will register the business till 31 December of the next year (a maximum of 15 months).

New Registration - Class 1 Food Business

  • $975 (between 1 Jan - 30 June)
  • $487.50 (between 1 Jul - 30 Sept)
  • $975 (between 1 Oct - 31 Dec of the following year)

New Registration - Class 2 Food Business

  • $698 (between 1 Jan - 30 June)
  • $349 (between 1 Jul - 30 Sept)
  • $698 (between 1 Oct - 31 Dec of the following year)

New Registration - Class 3 Food Business

  • $487 (between 1 Jan - 30 June)
  • $243.50 (between 1 Jul - 30 Sept)
  • $487 (between 1 Oct - 31 Dec of the following year)

Public Health and Wellbeing Act pre-purchase inspection process

Complete the following steps to request a pre-inspection.

Note: We cannot release any information to you without the current owner's consent.

  1. Download the consent form below and get the current owner to sign it. Attach the completed consent form to your online application.
  2. Complete the online request a transfer inspect and consent form and pay via the link below.
  3. Pre-purchase inspection fees:
    • $203 - standard process time (10 working days)
    • $274 - express process time (4 working days)
  4. We will organise the inspection and send you (or your solicitor) a copy of the inspection report.
  5. You should talk to your solicitor and agree who will be responsible for lodging the application to transfer the registration just before you take over the business.

Transfer of Public Health & Wellbeing registration

Once you've completed the inspection items from the report, you must complete and sign a business registration transfer form.

You should then:

  • Lodge this form with our Environmental Health department
  • Pay the registration transfer fee:
    • Public Health & Wellbeing business - $113
    • Accommodation business - $202

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