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In forceUpdated to 1 Jul 2026
Contents

Part 5 · Defined Food and Pre-Market Approval

113. Restrictions on transfer of pre-market approval

(1)

Every pre‑market approval, and any rights, benefits or privileges under the pre‑market approval, are not transferable or assignable to any other person unless —

(a)

the pre‑market approval contains a condition authorising the transfer or assignment; and

(b)

the Agency consents in writing to the transfer or assignment.

(2)

Any consent under subsection (1) may be given subject to compliance with any conditions that the Agency thinks fit to impose, which may include conditions modifying, or requiring or otherwise providing for the making of modifications to, the conditions of the pre‑market approval.

(3)

A transfer or an assignment, or a purported transfer or assignment, of a pre‑market approval, or of any rights, benefits or privileges under the pre‑market approval, is void and of no effect —

(a)

if the pre‑market approval is not capable of transfer or assignment;

(b)

if the transfer or assignment, or purported transfer or assignment, is in breach of a condition of the pre‑market approval licence; or

(c)

if there has, before the transfer or assignment or purported transfer or assignment, been a contravention of a condition imposed under subsection (2).

Part 6

Provision of Non-Packaged Drinking Water

Part 7

Food Safety and Sustainable Primary Production Measures

Part 8

Offences Relating to Food Safety

Part 9

Food and Health Promotion

Part 10

Misleading or Deceptive Conduct and Other Marketing Offences

Part 11

Certain Agri-Food Production Inputs

Part 12

Appeals

Part 13

Monitoring and Enforcement

Part 14

Administration

Part 15

Regulations and Codes

Part 16

Miscellaneous

Part 17

Amendments to Other Acts and Final Provisions

Schedules