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This is a Bill, not an Act. For current law, see the Acts databases.
1998-99
The Parliament of
the
Commonwealth of
Australia
THE
SENATE
Presented and read a first
time
Australia New
Zealand Food Authority Amendment Bill
1999
No. ,
1999
(Health and Aged
Care)
A Bill for an Act to amend the
Australia New Zealand Food Authority Act 1991, and for related
purposes
ISBN 0642 391890
Contents
Part
1—Amendments 3
Part 2—Saving and transitional
provisions 36
A Bill for an Act to amend the Australia New Zealand
Food Authority Act 1991, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Australia New Zealand Food Authority
Amendment Act 1999.
(1) Subject to subsection (2), this Act commences on the day on which it
receives the Royal Assent.
(2) Item 13 of Schedule 1 is taken to have commenced on 30 July
1998.
Subject to section 2, each Act that is specified in a Schedule to this
Act is amended or repealed as set out in the applicable items in the Schedule
concerned, and any other item in a Schedule to this Act has effect according to
its terms.
1 Title
Omit “food standards”, substitute “food
regulatory measures”.
2 After section 2
Insert:
The object of this Act is to ensure that, by means of the establishment
and operation of the Australia New Zealand Food Authority:
(a) people enjoy the benefit of equivalent public health protection in
relation to food throughout Australia and New Zealand; and
(b) adequate information relating to food is provided to enable consumers
to make informed choices about food; and
(c) decisions of the business community are not distorted, and markets are
not fragmented, by variations in the laws in force in Australia and New Zealand
in relation to standards; and
(d) a framework for minimum but effective regulation of food is provided;
and
(e) consistency between domestic and international food regulatory
measures is promoted.
3 Subsection 3(1)
Insert:
code of practice means a code of practice developed by the
Authority under Part 3.
4 Subsection 3(1) (definition of
food)
Repeal the definition, substitute:
food has the meaning given by section 3A.
5 Subsection 3(1)
Insert:
food regulatory measure means a standard or a code of
practice.
6 Subsection 3(1) (definition of New Zealand
standard)
Repeal the definition.
7 Subsection 3(1) (paragraph (a) of the
definition of standard)
After “adopted”, insert “, or taken to have been
adopted,”.
8 After section 3
Insert:
(1) Food includes:
(a) any substance or thing of a kind used, capable of being used, or
represented as being for use, for human consumption (whether it is live, raw,
prepared or partly prepared); and
(b) any substance or thing of a kind used, capable of being used, or
represented as being for use, as an ingredient or additive in a substance or
thing referred to in paragraph (a); and
(c) any substance used in preparing a substance or thing referred to in
paragraph (a); and
(d) chewing gum or an ingredient or additive in chewing gum, or any
substance used in preparing chewing gum; and
(e) any substance or thing declared to be a food under a declaration in
force under section 3B.
(It does not matter whether the substance, thing or chewing gum is in a
condition fit for human consumption.)
(2) However, food does not include a therapeutic good within
the meaning of the Therapeutic Goods Act 1989.
(3) To avoid doubt, food may include live animals and
plants.
(1) After consulting the Authority, the Minister may make a written
declaration that a substance or thing is food for the purposes of this
Act.
(2) The Minister must cause a copy of the declaration to be published in
the Gazette and in the New Zealand Gazette.
(3) A declaration takes effect on the day specified in the declaration.
That day must not be a day before the declaration is published.
(4) A declaration is a disallowable instrument for the purposes of section
46A of the Acts Interpretation Act 1901.
9 Subsection 7(1)
Repeal the subsection, substitute:
(1) The functions of the Authority are:
(a) in accordance with this Act, to develop draft standards and
draft variations of standards, to make recommendations to the Council in
relation to those drafts where necessary and to review standards; and
(b) in accordance with this Act, to develop draft codes of practice and
draft variations of codes of practice for industry and to review codes of
practice; and
(c) to develop guidelines to assist the interpretation of the Australia
New Zealand Food Standards Code on its own initiative or in consultation with
the States, the Territories and any other body or person that the Authority
considers appropriate; and
(d) in consultation with the States and Territories, or on its own
initiative, to facilitate the harmonisation of State and Territory laws relating
to food; and
(e) in consultation with the States and Territories, or on its own
initiative, to co-ordinate the development of procedures required to implement
requirements set out in standards; and
(f) in consultation with the States and Territories, to co-ordinate the
monitoring, surveillance and enforcement of activities relating to food
available in Australia; and
(g) in consultation with the States and Territories, or on its own
initiative, to conduct research and surveys in relation to any of the matters
that may be included in a standard; and
(h) in co-operation with the States and Territories, to develop food
education initiatives; and
(i) in co-operation with the Department administering Division 1A of Part
V of the Trade Practices Act 1974, to co-ordinate the recall of food
under that Division; and
(j) at the request of the States and Territories, to co-ordinate action by
the States and Territories to recall food under State and Territory laws;
and
(k) to develop assessment policies in relation to food imported into
Australia; and
(l) to provide advice to the Minister on matters relating to food;
and
(m) to participate in international, regional and bilateral negotiations
on matters that may be included in standards; and
(n) to make the Authority’s knowledge, expertise, equipment,
facilities and intellectual property available to other persons on a commercial
basis; and
(o) at the request of New Zealand, to perform functions for New Zealand
similar to the functions that the Authority may perform in relation to the
States and Territories; and
(p) at the request of New Zealand, to perform functions for New Zealand
similar to the other functions that the Authority may perform; and
(q) any functions incidental to any of the foregoing functions.
10 Subsection 7(2)
Omit “(1)(la)”, substitute “(1)(n)”.
11 Subparagraph 8(1)(e)(i)
Omit “standards” (wherever occurring), substitute “food
regulatory measures”.
12 Paragraphs 9(1)(e) and
(f)
Repeal the paragraphs, substitute:
(e) the knowledge, skill, health and hygiene requirements for people
dealing with food;
(f) the responsibilities of businesses that are dealing with food relating
to any hygiene requirements in force under paragraph (e) for people involved in
the business who are dealing with food;
(g) the responsibilities of businesses that are dealing with food to
ensure that information in connection with hygiene requirements in force under
paragraph (e) that is provided by individuals involved in the business and who
are dealing with food remains confidential except in specified
circumstances;
(h) the use of devices of a particular standard to measure the temperature
of food;
(i) the design, construction, maintenance and cleanliness of:
(i) premises (including fittings and fixtures) at which food is dealt
with; or
(ii) equipment (including single use items) used to deal with food;
or
(iii) vehicles used to transport food;
(j) the information that a business that deals with food may be required
to give about the business to State or Territory authorities;
(k) restrictions on the premises at which, and the persons by whom,
particular food may be sold or otherwise supplied;
(l) restrictions on the publications that may contain advertisements for
particular food;
(m) requirements relating to animals and pests at premises in which food
is dealt with, or in vehicles in which food is transported;
(n) the interpretation of other standards;
(o) the application of standards;
(p) such other public health matters relating to food as are
prescribed.
13 At the end of section 9
Add:
(2) Without limiting subsection (1), a standard may relate to:
(a) a type of food generally; or
(b) a particular brand of food.
14 At the end of section 9
Add:
(3) In this section:
dealing, in relation to food, means producing, packaging,
storing or handling food.
15 After section 9
Insert:
Codes of practice, and variations of codes of practice, may deal only
with matters that may be included in standards.
16 Section 10
Repeal the section, substitute:
(1) The objectives (in descending priority order) of the Authority in
developing food regulatory measures and variations of food regulatory measures
are:
(a) the protection of public health and safety; and
(b) the prevention of misleading or deceptive conduct.
(2) In developing food regulatory measures and variations of food
regulatory measures, the Authority must also have regard to the
following:
(a) the need for standards to be based on risk analysis that uses sound
scientific principles;
(b) the provision of adequate information relating to food to enable
consumers to make informed choices;
(c) the promotion of consistency between domestic and international food
standards;
(d) the promotion of trade and commerce in the food industry;
(e) the promotion of fair trading in food.
17 Part 3 (heading)
Repeal the heading, substitute:
18 Division 1 of Part 3
(heading)
Repeal the heading, substitute:
19 Subsection 12(1)
Omit “standard”, substitute “food regulatory
measure”.
Note: The heading to section 12 is altered by omitting
“standard” and substituting “food regulatory
measure”.
20 At the end of subsection 12(2) (before the
note)
Add:
(c) be accompanied by the sum of:
(i) the charge (if any) fixed under section 66 in relation to the making
of the preliminary assessment of the application; and
(ii) the charge (if any) fixed under section 66 in relation to the giving
of notices under section 14 in relation to the application.
21 Subsection 12(2) (note)
Omit “standards” (wherever occurring), substitute “food
regulatory measures”.
22 Sections 12A, 13, 14, 15, 16 and
17
Repeal the sections, substitute:
(1) The applicant may withdraw the application by giving written notice to
the Authority at any time before:
(a) unless paragraph (b) applies—the Authority makes a
recommendation to the Council under section 18 in relation to a draft food
regulatory measure, or a draft variation of a food regulatory measure, prepared
as a result of the application; or
(b) the Authority makes a decision in relation to the draft under
subsection 20A(2).
(2) If the Authority receives notice of the withdrawal of the application
after the application has been accepted (see section 13A), the Authority must
give written notice of the withdrawal to:
(a) each appropriate government agency; and
(b) each other body or person who made a submission within the specified
period in response to a notice given under section 14, 16 or 17; and
(c) each other body or person who made a submission within the specified
period in response to a notice given under section 30A in relation to a notice
that the Authority is required to give under section 16 or 17.
(1) If:
(a) an applicant has paid to the Authority a charge mentioned in
subsection (2) in relation to an application; and
(b) the application is withdrawn under section 12A;
the Authority must refund so much of the charge as is worked out in
accordance with the regulations.
(2) For the purposes of subsection (1), the charges are charges (if any)
fixed under section 66 for:
(a) making the preliminary assessment of the application under section 13;
and
(b) giving notices under section 14 in relation to the application;
and
(c) making the full assessment of the application under section 15;
and
(d) preparing a draft food regulatory measure, or a draft variation of a
food regulatory measure, under section 15 as a result of the application;
and
(e) giving notices under section 16, 17 or 17A in relation to the
application; and
(f) giving notices under section 30A in relation to a notice that the
Authority is required to give under section 16, 17 or 17A in relation to the
application; and
(g) holding an inquiry under section 16 in relation to a draft food
regulatory measure, or a draft variation of a food regulatory measure, prepared
as a result of the application.
(1) The Authority must make a preliminary assessment of the
application.
(2) In making a preliminary assessment of the application, the Authority
must have regard to the following matters:
(a) whether the application relates to a matter that may be developed as a
food regulatory measure, or that warrants a variation of a food regulatory
measure, as the case requires;
(b) whether the application is so similar to a previous application for
the development or variation of a food regulatory measure that it ought not to
be accepted;
(c) whether costs that would arise from a food regulatory measure
developed or varied as a result of the application outweigh benefits that would
arise from the measure or variation;
(d) whether other measures (available to the Authority or not) would be
more cost-effective than a food regulatory measure developed or varied as a
result of the application;
(e) any other relevant matters.
(1) After making a preliminary assessment of the application, the
Authority must accept or reject the application.
(2) If the Authority accepts the application, the Authority must notify
the applicant in writing:
(a) that the application has been so accepted; and
(b) that the Authority will make a full assessment of the application;
and
(c) that the applicant may make written submissions to the Authority on
matters relevant to the application within a specified period.
(3) If the Authority rejects the application, the Authority must notify
the applicant in writing that it has been so rejected and give reasons for the
rejection.
(4) The Authority must refund the charge mentioned in subparagraph
12(2)(c)(ii) if:
(a) the Authority decides to reject the application; and
(b) no application is made to the Administrative Appeals Tribunal for a
review of the decision within the prescribed time (within the meaning of section
29 of the Administrative Appeals Tribunal Act 1975).
The charge must be refunded as soon as practicable after that
time.
(5) The Authority must refund the charge mentioned in subparagraph
12(2)(c)(ii) if:
(a) the Authority decides to reject the application; and
(b) application is made to the Administrative Appeals Tribunal for a
review of the decision; and
(c) the application for review is finalised; and
(d) the decision of the Authority to reject the application is
affirmed.
The charge must be refunded as soon as practicable after the application
for review is finalised.
(1) After accepting the application, the Authority must:
(a) give public notice of the matters mentioned in subsection (3);
and
(b) give written notice of those matters to each appropriate government
agency.
(2) The Authority may give notice of the matters mentioned in subsection
(3) to another body or person.
(3) A notice under subsection (1) or (2) must:
(a) state that the Authority has received an application for the
development or variation of a food regulatory measure (as the case requires) on
the date specified in the notice; and
(b) state that the Authority has accepted the application after making a
preliminary assessment of it; and
(c) state that the Authority will make a full assessment of the
application; and
(d) state how to obtain further information about the application;
and
(e) invite written submissions on matters relevant to the application to
be made to the Authority within the period specified in the notice.
(1) The Authority must make a full assessment of an application that it
accepts under section 13A.
(2) However, the Authority must not make a full assessment of the
application unless the applicant pays to the Authority the sum of the charge (if
any) fixed under section 66 in relation to:
(a) the making of the full assessment of the application; and
(b) the giving of notices under section 16, 17 or 17A in relation to the
application; and
(c) the giving of notices under section 30A in relation to a notice that
the Authority is required to give under section 16, 17 or 17A in relation to the
application; and
(d) the preparation under section 15A of a draft food regulatory measure,
or a draft variation of a food regulatory measure, in relation to the
application.
(3) In making a full assessment of the application, the Authority must
have regard to:
(a) any submissions made to it within the specified period in response to
a notice given under section 13A or 14; and
(b) the objectives listed in section 10; and
(c) whether costs that would arise to bodies or persons from a food
regulatory measure developed or varied as a result of the application outweigh
benefits that would arise to the public from the measure or variation;
and
(d) whether there are any alternatives (available to the Authority or not)
which are more cost-effective than a food regulatory measure developed or varied
as a result of the application; and
(e) any other relevant matters.
(1) After making a full assessment of the application, the Authority
must:
(a) prepare in writing a draft food regulatory measure or a draft
variation of a food regulatory measure; or
(b) reject the application.
(2) The Authority must refund the charge mentioned in paragraph 15(2)(d)
if:
(a) the Authority decides to reject the application; and
(b) no application is made to the Administrative Appeals Tribunal for a
review of the decision within the prescribed time (within the meaning of section
29 of the Administrative Appeals Tribunal Act 1975).
The charge must be refunded as soon as practicable after that
time.
(3) The Authority must refund the charge mentioned in paragraph 15(2)(d)
if:
(a) the Authority decides to reject the application; and
(b) application is made to the Administrative Appeals Tribunal for a
review of the decision; and
(c) the application for review is finalised; and
(d) the decision of the Authority to reject the application is
affirmed.
The charge must be refunded as soon as practicable after the application
for review is finalised.
(1) This section applies if:
(a) the Authority prepares a draft food regulatory measure, or a draft
variation of a food regulatory measure; and
(b) a charge has been fixed under section 66 in relation to the holding of
an inquiry into such a draft.
(2) The Authority must give written notice to the applicant
that:
(a) states that the draft has been prepared; and
(b) invites the applicant to request the Authority to hold an inquiry to
consider the draft; and
(c) sets out the effect of subsection (4).
(3) The applicant may then ask the Authority to hold an inquiry to
consider the draft. The request must be in writing.
(4) However, the Authority must not hold the inquiry unless the applicant
pays to the Authority the charge fixed under section 66 in relation to the
holding of the inquiry.
(5) If the applicant pays the charge referred to in subsection (4) to the
Authority, the Authority must:
(a) by written notice to the applicant, invite written submissions for the
purpose of the inquiry to be made to the Authority within the period specified
in the notice; and
(b) give written notice of the matters mentioned in subsection (6)
to:
(i) each appropriate government agency; and
(ii) each other body or person who made a submission within the specified
period in response to a notice given under section 14.
(6) A notice under paragraph (5)(b) must:
(a) state that the Authority has prepared a draft food regulatory measure,
or a draft variation of a food regulatory measure, and how to obtain further
information about it; and
(b) state that the Authority will hold an inquiry to consider the draft;
and
(c) invite written submissions for the purpose of the inquiry to be made
to the Authority within the period specified in the notice.
(1) This section applies if:
(a) the Authority prepares a draft food regulatory measure or a draft
variation of a food regulatory measure; and
(b) no charge has been fixed under section 66 in relation to the holding
of an inquiry into such a draft.
(2) The Authority must give written notice of the matters mentioned in
subsection (3) to:
(a) the applicant; and
(b) each appropriate government agency; and
(c) each other body or person who made a submission within the specified
period in response to a notice given under section 14.
(3) A notice under subsection (2) must:
(a) state that the Authority has prepared a draft food regulatory measure,
or a draft variation of a food regulatory measure, and how to obtain further
information about it; and
(b) state that the Authority will hold an inquiry to consider the draft;
and
(c) invite written submissions for the purpose of the inquiry to be made
to the Authority within the period specified in the notice.
(1) If the Authority rejects an application under section 15A, the
Authority must give written notice of the decision, and the reasons for it, to
the applicant.
(2) The Authority must also give written notice of the decision
to:
(a) each appropriate government agency; and
(b) each other body or person who made a submission within the specified
period in response to a notice given under section 14.
(3) A notice under subsection (1) or (2) must also state how to obtain
further information about the decision.
(1) If the Authority holds an inquiry to consider a draft code of practice
or a draft variation of a code of practice, the Authority must approve or reject
the draft.
(2) If another code of practice would be wholly or partly superseded
because of the Authority’s decision under subsection (1), the Authority
must:
(a) revoke the other code of practice (if it would be wholly superseded);
or
(b) vary the other code of practice (if it would be partly
superseded).
(3) The Authority must give written notice of its decision under
subsection (1) or (2) to:
(a) the applicant; and
(b) each appropriate government agency; and
(c) each other body or person who made a submission within the specified
period in response to a notice given under section 14.
(4) The notice must:
(a) specify the date of effect of the decision; and
(b) state how to obtain further information about the decision and the
reasons for it.
23 Subsection 18(1)
Omit “After”, substitute “Subject to section 20A,
after”.
Note: The heading to section 18 is altered by adding at the
end “about draft standards etc.”.
24 Section 19
Repeal the section, substitute:
(1) If the Authority holds an inquiry to consider a draft standard or a
draft variation of a standard, the Authority must give written notice of the
matters set out in subsection (2) to:
(a) the applicant; and
(b) each appropriate government agency; and
(c) each other body or person who made a submission within the specified
period in response to a notice given under section 16 or 17; and
(d) each other body or person who made a submission within the specified
period in response to a notice given under section 30A in relation to a notice
that the Authority is required to give under section 16 or 17.
(2) The notice must:
(a) set out the nature of the recommendation made to the Council under
section 18; and
(b) state how to obtain further information about the recommendation and
the reasons for it.
Note: The heading to section 20 is altered by adding at the
end “about draft standards etc.”.
25 After Division 1 of Part
3
Insert:
(1) After holding an inquiry to consider a draft standard developed as a
result of an application, the Authority may decide that it need not make a
recommendation to the Council under section 18 about the draft standard
because:
(a) the draft standard raises issues of minor significance or complexity
only; and
(b) the Council has approved a general approach to be applied in such
cases.
(2) After making a decision under subsection (1), the Authority must
decide that:
(a) the draft standard should be taken to be adopted by the Council;
or
(b) the draft standard should be taken to be adopted by the Council
subject to such amendments as the Authority considers necessary; or
(c) the draft standard should be taken to be rejected by the
Council.
(3) If another standard would be wholly or partly superseded because of
the Authority’s decision under subsection (2), the Authority may decide
that the other standard should be taken to be:
(a) revoked by the Council (if it would be wholly superseded);
or
(b) varied by the Council (if it would be partly superseded).
(1) The Authority must give written notice of its decisions under
subsections 20A(2) and (3), and the reasons for them, to:
(a) the Council; and
(b) the applicant; and
(c) each appropriate government agency; and
(d) each other body or person who made a submission within the specified
period in response to a notice given under section 16 or 17; and
(e) each other body or person who made a submission within the specified
period in response to a notice given under section 30A in relation to a notice
that the Authority is required to give under section 16 or 17.
(2) The notice must set out the following:
(a) the draft standard that should be taken to be adopted or rejected by
the Council;
(b) the amendments to the draft standard that the Authority considers
necessary;
(c) the other standard that should be taken to be revoked by the
Council;
(d) the nature of the variation of the other standard that should be taken
to be made by the Council;
(e) the effect of section 20C.
(1) If the Authority gives written notice to the Council under subsection
20B(1) about a draft standard, the Council is taken, for the purposes of this
Act, to have (as set out in the notice):
(a) adopted the draft standard (with any amendments set out in the
notice); or
(b) rejected the draft standard; or
(c) revoked the other standard; or
(d) varied the other standard in the way set out in the notice.
(2) The adoption, rejection, revocation or variation takes effect on the
29th day after the date of the notice.
(3) However, if a member of the Council gives written notice to the
Authority, within 28 days after the date of the Authority’s notice under
subsection (1):
(a) that it disagrees with the Authority’s decision under subsection
20A(1); and
(b) setting out the reasons for its disagreement;
then, the Council must deal with the draft standard under section 20 as if
it had been the subject of a recommendation made under section 18 on the date on
which the Authority received the first of any such notices.
(4) The Authority must give written notice of any disagreement to the
Council and the applicant.
This Division applies to a draft variation of a standard in the same way
that it applies to a draft standard.
26 Division 2 of Part 3
(heading)
Repeal the heading, substitute:
27 Subsection 21(1)
Omit “standard”, substitute “food regulatory
measure”.
Note: The heading to section 21 is altered by omitting
“standard” and substituting “food regulatory
measure”.
28 Section 22
Repeal the section, substitute:
(1) After preparing a proposal for the development or variation of a food
regulatory measure, the Authority must:
(a) give public notice of the matters mentioned in subsection (3);
and
(b) give written notice of those matters to each appropriate government
agency.
(2) The Authority may give notice of the matters mentioned in subsection
(3) to another body or person.
(3) A notice under subsection (1) or (2) must:
(a) state that the Authority has prepared a proposal for the development
or variation of the measure; and
(b) state that the Authority will make a full assessment of the proposal;
and
(c) state how to obtain information about the proposal; and
(d) invite written submissions on matters relevant to the proposal to be
made to the Authority within the period specified in the notice.
29 Subsection 23(2)
Repeal the subsection, substitute:
(2) In making a full assessment of the proposal, the Authority must have
regard to:
(a) any submissions made to it within the specified period in response to
a notice given under section 22; and
(b) the objectives listed in section 10; and
(c) whether costs that would arise to bodies or persons from a food
regulatory measure developed or varied as a result of the proposal outweigh
benefits that would arise to the public from the measure or variation;
and
(d) whether there are any alternatives (available to the Authority or not)
which are more cost-effective than a food regulatory measure developed or varied
as a result of the proposal; and
(e) any other relevant matters.
30 Paragraph 23(3)(a)
Omit “standard” (wherever occurring), substitute “food
regulatory measure”.
31 Sections 24 and 25
Repeal the sections, substitute:
(1) If the Authority prepares a draft food regulatory measure, or a draft
variation of a food regulatory measure, the Authority must give written notice
of the matters mentioned in subsection (2) to:
(a) each appropriate government agency; and
(b) each other body or person who made a submission within the specified
period in response to a notice given under section 22.
(2) The notice must:
(a) state that the Authority has prepared the draft and how to obtain
further information about it; and
(b) state that the Authority will hold an inquiry to consider the draft;
and
(c) invite written submissions for the purpose of the inquiry to be made
to the Authority within the period specified in the notice.
(1) If the Authority abandons a proposal under section 23, it must give
written notice of that decision to:
(a) each appropriate government agency; and
(b) each other body or person who made a submission within the specified
period in response to a notice given under section 22.
(2) The notice must state how to obtain further information about the
decision and the reasons for it.
(1) After holding an inquiry to consider a draft code of practice or a
draft variation of a code of practice, the Authority must approve or reject the
draft.
(2) If another code of practice would be wholly or partly superseded
because of the Authority’s decision under subsection (1), the Authority
must:
(a) revoke the other code of practice (if it would be wholly superseded);
or
(b) vary the other code of practice (if it would be partly
superseded).
(3) The Authority must give written notice of its decision under
subsection (1) or (2) to:
(a) each appropriate government agency; and
(b) each other body or person who made a submission within the specified
period in response to a notice given under section 22.
(4) The notice must:
(a) specify the date of effect of the decision; and
(b) state how to obtain further information about the decision and the
reasons for it.
32 Subsection 26(1)
Omit “After”, substitute “Subject to section 28A,
after”.
Note: The heading to section 26 is altered by adding at the
end “about draft standards etc.”.
33 Section 27
Repeal the section, substitute:
(1) After holding an inquiry to consider a draft standard or a draft
variation of a standard, the Authority must give written notice of the matters
set out in subsection (2) to:
(a) each appropriate government agency; and
(b) each other body or person who made a submission within the specified
period in response to a notice given under section 24; and
(c) each other body or person who made a submission within the specified
period in response to a notice given under section 30A in relation to a notice
that the Authority is required to give under section 24.
(2) The notice must:
(a) set out the nature of the recommendation made to the Council under
section 26; and
(b) state how to obtain further information about the recommendation and
the reasons for it.
Note: The heading to section 28 is altered by adding at the
end “about draft standards etc.”.
34 After Division 2 of Part
3
Insert:
(1) After holding an inquiry to consider a draft standard, the Authority
may decide that it need not make a recommendation to the Council under section
26 about the draft standard because:
(a) the draft standard raises issues of minor significance or complexity
only; and
(b) the Council has approved a general approach to be applied in such
cases.
(2) After making a decision under subsection (1), the Authority must
decide that:
(a) the draft standard should be taken to be adopted by the Council;
or
(b) the draft standard should be taken to be adopted by the Council
subject to such amendments as the Authority considers necessary; or
(c) the draft standard should be taken to be rejected by the
Council.
(3) If another standard would be wholly or partly superseded because of
the Authority’s decision under subsection (2), the Authority may decide
that the other standard should be taken to be:
(a) revoked by the Council (if it would be wholly superseded);
or
(b) varied by the Council (if it would be partly superseded).
(1) The Authority must give written notice of its decisions under
subsections 28A(2) and (3), and the reasons for them, to:
(a) the Council; and
(b) each appropriate government agency; and
(c) each other body or person who made a submission within the specified
period in response to a notice given under section 24; and
(d) each other body or person who made a submission within the specified
period in response to a notice given under section 30A in relation to a notice
that the Authority is required to give under section 24.
(2) The notice must set out the following:
(a) the draft standard that should be taken to be adopted or rejected by
the Council;
(b) the amendments to the draft standard that the Authority considers
necessary;
(c) the other standard that should be taken to be revoked by the
Council;
(d) the nature of the variation of the other standard that should be taken
to be made by the Council.
(1) If the Authority has given written notice to the Council under
subsection 28B(1) about a draft standard, the Council is taken, for the purposes
of this Act, to have (as set out in the notice):
(a) adopted the draft standard (with any amendments set out in the
notice); or
(b) rejected the draft standard; or
(c) revoked the other standard; or
(d) varied the other standard in the way set out in the notice.
(2) The adoption, rejection, revocation or variation takes effect on the
29th day after the date of the notice.
(3) However, if a member of the Council gives written notice to the
Authority, within 28 days after the date of the Authority’s notice under
subsection (1):
(a) that it disagrees with the Authority’s decision under subsection
28A(1); and
(b) setting out the reasons for its disagreement;
then, the Council must deal with the draft standard under section 28 as if
it had been the subject of a recommendation made under section 26 on the date on
which the Authority received the first of any such notices.
(4) The Authority must give written notice of any disagreement to the
Council.
This Division applies to a draft variation of a standard in the same way
that it applies to a draft standard.
35 After section 30
Insert:
(1) If the Authority is required to give notice of a matter to a body or
person under this Part, the Authority may also (if it considers it
appropriate):
(a) give public notice of the matter; or
(b) give notice of the matter to another body or person.
(2) A notice given under subsection (1) in relation to a matter need not
be in the same terms as the notice that the Authority is required to give in
relation to the matter.
Notice that the Authority is required or permitted to give under this
Part may be given in Australia or New Zealand in any manner that the Authority
considers appropriate and efficient.
36 At the end of section 32
Add:
(3) As soon as practicable after the Council is taken to have adopted a
draft standard, or a draft variation of a standard, under section 20B or 28B,
the Authority must:
(a) cause a copy of the draft to be published in the Gazette and in
the New Zealand Gazette; and
(b) specify in the Gazette and in the New Zealand Gazette the date
on which the draft takes effect.
(4) If another standard is wholly or partly superseded because the Council
is taken to have adopted a draft standard, or a draft variation of a standard, a
notice published under subsection (3) must:
(a) identify the other standard that is taken to have been revoked (if it
has been wholly superseded); or
(b) set out the details of the variation that is taken to have been made
to the other standard (if it has been partly superseded).
37 Subsection 33(1)
Omit “standard”, substitute “food regulatory
measure”.
Note: The heading to section 33 is altered by omitting
“standards” and substituting “food regulatory
measures”.
38 Subsection 33(2)
Omit “standard” (wherever occurring), substitute “food
regulatory measure”.
39 Subsection 33(3)
Omit “28”, substitute “28D”.
40 Paragraph 34(1)(a)
Omit “standard”, substitute “food regulatory
measure”.
41 Paragraph 34(1)(b)
Omit “standard” (wherever occurring), substitute “food
regulatory measure”.
42 At the end of subsection
34(2)
Add:
The Authority must give written notice of that fact to the
applicant.
43 Subsection 34(3)
Repeal the subsection, substitute:
(3) If the Authority accepts an application under section 13A but the
application is taken to have been withdrawn under this section, the Authority
must also give written notice of the withdrawal to:
(a) each appropriate government agency; and
(b) each other body or person who made a submission within the specified
period in response to a notice given under section 14, 16 or 17; and
(c) each other body or person who made a submission within the specified
period in response to a notice given under section 30A in relation to a notice
that the Authority is required to give under section 16 or 17.
44 Subsection 35(1)
Repeal the subsection, substitute:
(1) If the Authority prepares a draft standard or a draft variation of a
standard as a result of an application, it must:
(a) make a recommendation to the Council under section 18; or
(b) make a decision under subsection 20A(2);
concerning the draft within the period of 12 months (or such shorter period
as may be prescribed) after receiving the application.
45 Subsection 35(2)
Repeal the subsection, substitute:
(2) The Authority may extend the period if it is not practicable for the
recommendation or decision to be made within the period.
46 After subsection 35(4)
Insert:
(5) If:
(a) a body or person applies to the Authority for the development or
variation of a standard; and
(b) the applicant is required by subsection 15(2) to pay an amount before
a full assessment of the application is made;
the assessment notice period is not to be included in the period set or
prescribed for the purpose of subsection (1) or set for the purpose of
subsection (3).
(5A) If:
(a) the Authority prepares a draft standard, or a draft variation of a
standard, as a result of an application; and
(b) the applicant is required by subsection 16(4) to pay an amount before
the Authority holds an inquiry to consider the draft;
the inquiry notice period is not to be included in the period set or
prescribed for the purpose of subsection (1) or set for the purpose of
subsection (3).
47 Subsection 35(7)
Omit “subsection (6)”, substitute “this
section”.
48 Subsection 35(7)
Insert:
assessment notice period, in relation to an application made
under section 12, means the period:
(a) beginning on the day on which notice is given to the applicant under
paragraph 13A(2)(a); and
(b) ending at the end of the day when the applicant pays the amount
referred to in subsection 15(2) to the Authority.
49 Subsection 35(7)
Insert:
inquiry notice period, in relation to an application made
under section 12, means the period:
(a) beginning on the day on which notice is given to the applicant under
subsection 16(1); and
(b) ending at the end of the day when the applicant pays the amount
referred to in subsection 16(4) to the Authority.
50 Subsection 36(1)
Repeal the subsection, substitute:
(1) This section applies in relation to:
(a) an application made under section 12; or
(b) a proposal prepared under section 21.
(1A) The Authority may decide not to do something that the Authority is
required to do under this Part (except sections 13, 13A, 15, 15A and 23) in
relation to the application or the proposal if the Authority is satisfied
that:
(a) omitting to do the thing will not have a significant adverse effect on
the interests of anyone; or
(b) the application or proposal raises issues of minor significance or
complexity only.
(1B) If the decision relates to an application, the Authority must give
written notice of its decision to:
(a) the applicant; and
(b) each appropriate government agency; and
(c) each other body or person that has made a submission within the
specified period in response to a notice under section 14, 16 or 17;
and
(d) each other body or person who made a submission within the specified
period in response to a notice given under section 30A in relation to a notice
that the Authority is required to give under section 16 or 17.
(1C) If the decision relates to a proposal, the Authority must give
written notice of its decision to:
(a) each appropriate government agency; and
(b) each other body or person that has made a submission within the
specified period in response to a notice under section 22 or 24; and
(c) each other body or person who made a submission within the specified
period in response to a notice given under section 30A in relation to a notice
that the Authority is required to give under section 24.
51 Subsection 36A(2)
Repeal the subsection, substitute:
(2) If the decision relates to an application, the Authority must give
written notice of its decision to:
(a) the applicant; and
(b) each appropriate government agency; and
(c) each other body or person that has made a submission within the
specified period in response to a notice under section 14, 16 or 17;
and
(d) each other body or person who made a submission within the specified
period in response to a notice given under section 30A in relation to a notice
that the Authority is required to give under section 16 or 17.
(2A) If the decision relates to a proposal, the Authority must give
written notice of its decision to:
(a) each appropriate government agency; and
(b) each other body or person that has made a submission within the
specified period in response to a notice under section 22 or 24; and
(c) each other body or person who made a submission within the specified
period in response to a notice given under section 30A in relation to a notice
that the Authority is required to give under section 24.
(2B) The notice must:
(a) identify the government agency referred to in subsection (1);
and
(b) contain a brief statement of the work the agency has done or the
process it has gone through.
52 Subsection 37(3)
After “16”, insert “, 17”.
53 Paragraph 37(3)(d)
Omit “that section”, substitute “section 15A or
23”.
54 Paragraph 39(4)(c)
Omit “standard”, substitute “food regulatory
measure”.
55 Subsection 42(3)
Repeal the subsection.
56 Paragraph 42(4)(b)
Omit “of Human Services and Health”, substitute “that is
primarily responsible for public health”.
57 Paragraph 42(4)(c)
Omit “of Primary Industries and Energy”, substitute “that
is primarily responsible for agriculture”.
58 After paragraph
57(1)(ab)
Insert:
(ac) money paid to the Authority under section 66 or 66A; and
59 Subparagraph 63(1)(a)(i)
Omit “13”, substitute “13A”.
60 Subparagraph
63(1)(a)(ii)
Omit “15”, substitute “15A”.
61 Paragraph 63(1)(b)
Repeal the paragraph, substitute:
(b) for review of a decision under section 36 or 36A not to do
something.
62 Paragraph 64(1)(b)
Repeal the paragraph, substitute:
(b) written notice is given that a decision of a kind referred to in
paragraph 63(1)(b) has been made;
Repeal the section, substitute:
(1) The regulations may fix charges to be paid to the Authority by a body
or person for services and facilities the Authority provides to the body or
person. The regulations may also deal with the time for payment of
charge.
(2) A charge fixed under subsection (1) must not be such as to amount to
taxation.
(3) This section does not apply to services or facilities that the
Authority provides under contract.
(4) Regulations made for the purposes of this section must not specify New
Zealand as a person or body by whom charges are payable.
(5) Charge under this section may be recovered by the Authority as a debt
due to the Authority.
(1) The regulations may provide that, if any charge under section 66
remains unpaid by the body or person liable after the time when it became due
for payment, the body or person is liable to pay to the Authority, by way of
penalty, an amount calculated at the rate of:
(a) 20% per year; or
(b) if the regulations specify a lower percentage—that lower
percentage per year;
on the amount unpaid computed from that time.
(2) A penalty under this section may be recovered by the Authority as a
debt due to the Authority.
The regulations may make provision for and in relation to discounts for
early payment of charge under section 66.
(1) The regulations may make provision for and in relation to the method
of working out an amount of refund of charge for the purposes of subsection
12B(1).
(2) The regulations may make provision for and in relation to:
(a) the remission or refund, in whole or in part, of charge under section
66 in circumstances specified in the regulations; and
(b) the remission, in whole or in part, of late payment penalty under
section 66A in circumstances specified in the regulations.
(3) Regulations made for the purposes of subsection (1) or (2) may confer
powers on the Authority.
64 Subsection 68(2)
After “adopted”, insert “, or taken to have been
adopted,”.
65 Paragraph 69(e)
After “Council”, insert “, or a decision under subsection
20A(2),”.
66 Section 71
Repeal the section.
Part
2—Saving and transitional
provisions
67 Saving—regulations under paragraph
9(f)
Despite the repeal of paragraph 9(1)(f) of the Principal Act by item 12, a
regulation in force under that paragraph as in force immediately before the
commencement of that item continues in force after that commencement as if it
had been made under paragraph 9(1)(p) of the Principal Act as in force after
that commencement.
68 Saving—nominations under paragraphs
42(4)(b) and (c)
Despite the amendments of paragraphs 42(4)(b) and 42(4)(c) of the Principal
Act made by items 56 and 57, nominations under those paragraphs as in force
immediately before the commencement of this item continue in force after that
commencement as if they had been made under those paragraphs as in force after
that commencement.
69 Transitional—application of
amendments
To the extent that the amendments made by this Schedule relate to draft
standards, or draft variations of standards, that may be developed under the
Principal Act, the amendments apply only to:
(a) applications for the development of such standards, or variations of
standards, that are made on or after the commencement of this item;
and
(b) proposals for the development of such standards, or variations of
standards, that are initiated on or after the commencement of this
item.
70 Meaning of Principal
Act
In this Part:
Principal Act means the Australia New Zealand Food
Authority Act 1991.