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This is a Bill, not an Act. For current law, see the Acts databases.
1998-1999-2000-2001
The
Parliament of the
Commonwealth of
Australia
THE
SENATE
Presented and read a first
time
Australia New
Zealand Food Authority Amendment Bill
2001
No. ,
2001
(Health and Aged
Care)
A Bill for an Act to amend the
Australia New Zealand Food Authority Act 1991, and for other
purposes
ISBN: 0642 465592
Contents
Part 1—General
amendments 3
Part 2—Technical correction to
section 7 55
Part 3—Other technical
amendments 56
Agricultural and Veterinary Chemicals Act
1994 58
Gene Technology Act
2000 58
Imported Food Control Act
1992 58
Industrial Chemicals (Notification and Assessment) Act
1989 59
Therapeutic Goods Act
1989 59
A Bill for an Act to amend the Australia New Zealand
Food Authority Act 1991, and for other purposes
The Parliament of Australia enacts:
This Act may be cited as the Australia New Zealand Food Authority
Amendment Act 2001.
(1) The following provisions commence on the day on which this Act
receives the Royal Assent:
(a) sections 1, 2 and 3;
(b) Part 3 of Schedule 1.
(2) Part 1 of Schedule 1, and Schedule 3, commence on the
first day after the commencement of this section on which an amendment of the
Australia New Zealand Joint Food Standards Agreement comes into force in
accordance with Article 10 of that Agreement.
(3) Part 2 of Schedule 1 is taken to have commenced on
23 December 1999, immediately after the commencement of item 10 of
Schedule 1 to the Australia New Zealand Food Authority Amendment Act
1999.
(4) Schedule 2 is taken to have commenced on 16 December 1997,
immediately after the commencement of subsection 2(4) of the Australia New
Zealand Food Authority Amendment Act (No. 2) 1997.
(5) As soon as practicable after the commencement of the following
provisions:
(a) Part 1 of Schedule 1;
(b) Schedule 3;
the Minister must cause to be published in the Gazette a notice
specifying the day on which those provisions commenced.
(6) In this section:
Australia New Zealand Joint Food Standards Agreement means
the Agreement between the Government of Australia and the Government of New
Zealand Establishing a System for the Development of Joint Food Standards,
signed at Wellington on 5 December 1995.
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this Act is amended or repealed as set out in the applicable items in the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 “an Australia New Zealand Food Authority”,
substitute “a body to be known as Food Standards Australia New
Zealand”.
2 Section 1
Omit “Australia New Zealand Food Authority”, substitute
“Food Standards Australia New Zealand”.
3 Section 2A
Omit “Food Authority”, substitute “body to be known as
Food Standards Australia New Zealand”.
4 Subsection 3(1) (paragraph (a) of the
definition of Australia New Zealand Food Standards
Code)
Omit “the Council”, substitute “a former
Council”.
5 Subsection 3(1)
Insert:
Australia New Zealand Joint Food Standards Agreement means
the Agreement between the Government of Australia and the Government of New
Zealand Establishing a System for the Development of Joint Food Standards,
signed at Wellington on 5 December 1995, as amended in accordance with
Article 10 of that Agreement.
6 Subsection 3(1) (definition of
Authority)
Repeal the definition, substitute:
Authority means Food Standards Australia New
Zealand.
7 Subsection 3(1)
Insert:
Board means the Board of the Authority.
8 Subsection 3(1)
Insert:
business day means a day that is not:
(a) a Saturday; or
(b) a Sunday; or
(c) a public holiday in the Australian Capital Territory or in Wellington,
New Zealand.
9 Subsection 3(1) (definition of
Council)
Repeal the definition, substitute:
Council means the Australia and New Zealand Food Regulation
Ministerial Council that was established by the Food Regulation Agreement
2000.
10 Subsection 3(1)
Insert:
develop, in relation to a food regulatory measure or a
variation of a food regulatory measure, includes:
(a) prepare a draft of the measure or variation; and
(b) approve a draft of the measure or variation.
11 Subsection 3(1) (definition of Food
Advisory Committee)
Repeal the definition.
12 Subsection 3(1)
Insert:
Food Regulation Agreement 2000 means the Food Regulation
Agreement that was entered into on 3 November 2000 between the
Commonwealth, the States, the Northern Territory and the Australian Capital
Territory.
13 Subsection 3(1)
Insert:
former Council means:
(a) the Council of Commonwealth, State and Territory Ministers that was
established in 1986 by agreement between the Commonwealth, the States and the
Northern Territory and is known as the National Food Standards Council;
or
(b) if that Council was reconstituted but continued in existence under
that name by agreement between the Commonwealth, the States, the Northern
Territory and the Australian Capital Territory, whether entered into before or
after this Act commences—that Council as so reconstituted and continued in
existence; or
(c) if that Council was reconstituted but continued in existence under the
name Australia New Zealand Food Standards Council by agreement between the
Commonwealth, the States, the Northern Territory and the Australian Capital
Territory—that Council as so reconstituted and continued in
existence.
14 Subsection 3(1) (definition of
member)
Omit “Authority”, substitute “Board”.
15 Subsection 3(1)
Insert:
New Zealand lead Minister on the Council means the Minister
of the government of New Zealand who is:
(a) a member of the Council; and
(b) nominated by the government of New Zealand to be the New Zealand lead
Minister on the Council.
16 Subsection 3(1) (before paragraph (a) of
the definition of standard)
Insert:
(aa) a standard made under this Act after the commencement of Part 1
of Schedule 1 to the Australia New Zealand Food Authority Amendment Act
2001; or
17 Subsection 3(1) (paragraph (a) of the
definition of standard)
Omit “the Council under this Act”, substitute “a former
Council under this Act before the commencement of Part 1 of Schedule 1
to the Australia New Zealand Food Authority Amendment Act
2001”.
18 Subsection 3(2)
Repeal the subsection.
19 Part 2 (heading)
Repeal the heading, substitute:
20 Subsection 6(1)
Repeal the subsection, substitute:
(1) The body known immediately before the commencement of this subsection
as the Australia New Zealand Food Authority is continued in existence as Food
Standards Australia New Zealand.
Note: See also section 25B of the Acts
Interpretation Act 1901.
21 Paragraph 7(1)(a)
Repeal the paragraph, substitute:
(a) in accordance with this Act, to develop standards and variations of
standards, and to review standards and variations of standards; and
22 Paragraph 7(1)(b)
Omit “draft” (wherever occurring).
23 After paragraph 7(1)(q)
Insert:
(qa) such other functions as are conferred on the Authority by this Act;
and
24 After subparagraph
9(1)(a)(i)
Insert:
(ia) the maximum or minimum amounts of additives that must or may be
present in the food; and
25 Paragraph 9(1)(b)
Repeal the paragraph, substitute:
(b) the production of food;
26 Paragraph 9(1)(c)
Omit “packaging, storage or”.
27 Paragraphs 9(1)(e), (f) and
(g)
Omit “dealing with” (wherever occurring), substitute
“handling”.
28 Subparagraph 9(1)(i)(i)
Omit “dealt with”, substitute “handled”.
29 Subparagraph 9(1)(i)(ii)
Omit “deal with”, substitute “handle”.
30 Paragraph 9(1)(j)
Omit “deals with”, substitute “handles”.
31 Paragraph 9(1)(m)
Omit “dealt with”, substitute “handled”.
32 Subsection 9(3)
Repeal the subsection, substitute:
(3) In this section:
handle, in relation to food, includes produce, collect,
receive, store, serve, display, package, transport, dispose of or recall
food.
Note: See also the definitions of produce and
prepare in subsection 3(1).
33 Transitional—validity of food
regulatory measures
To avoid doubt, the amendments of section 9 of the Australia New
Zealand Food Authority Act 1991 made by this Part do not affect the validity
of a food regulatory measure in force immediately before the commencement of
this item.
34 Section 10
After “developing” (wherever occurring), insert “or
reviewing”.
Note: The heading to section 10 is altered by inserting
“or reviewing” after
“developing”.
35 Paragraph 10(2)(d)
Omit “food.”, substitute “food;”.
36 At the end of subsection
10(2)
Add:
(e) any written policy guidelines formulated by the Council for the
purposes of this paragraph and notified to the Authority.
37 At the end of
section 10
Add:
(3) If any policy guidelines formulated by the Council for the purposes of
paragraph (2)(e) are notified to the Authority, the Authority must publish
the guidelines on the Internet.
38 Before Division 1 of
Part 3
Insert:
The following is a simplified explanation of the process for the
development or variation of a standard:
• The Authority may develop or vary a
standard:
(a) in response to an application that has been accepted by
the Authority after an initial assessment;
or
(b) by preparing a proposal on its own initiative.
• After conducting a draft
assessment of the application or proposal, the Authority must:
(a) prepare a draft; or
(b) reject the application or abandon the proposal.
• If the Authority prepares a draft, the
Authority must conduct a final assessment in relation to the
draft, and then:
(a) approve the draft and notify the Council; or
(b) reject the draft.
• If a draft is notified to the Council, the
Council may request the Authority to review the draft.
• If the Council does not request a review, the
draft comes into effect in accordance with a Gazette notice.
• If a review is conducted and the Council
still has concerns about the draft, the Council may request a second
review.
• If the Council does not request a second
review, the draft comes into effect in accordance with a Gazette
notice.
• If a second review is conducted and the
Council still has concerns about the draft, the Council may reject
the draft.
• If the Council does not reject the draft, the
draft comes into effect in accordance with a Gazette notice.
• Special rules apply to urgent applications
and urgent proposals.
In this Part:
application means an application under
section 12.
proposal means a proposal under section 12AA.
urgent application means an application declared to be an
urgent application under a declaration in force under subsection
24(1).
urgent proposal means a proposal declared to be an urgent
proposal under a declaration in force under subsection 24(1).
39 Division 1 of Part 3
(heading)
Repeal the heading, substitute:
40 Subparagraph 12(2)(c)(i)
Omit “preliminary”, substitute “initial”.
41 After section 12
Insert:
(1) The Authority may, on its own initiative, prepare a proposal for the
development or variation of a food regulatory measure.
(2) The proposal must be in writing.
42 Subsection 12A(1)
Omit “The applicant may withdraw the application”, substitute
“An applicant may withdraw the applicant’s
application”.
43 Paragraphs 12A(1)(a) and
(b)
Repeal the paragraphs, substitute:
(a) the Authority approves a draft food regulatory measure, or a draft
variation of a food regulatory measure, as a result of the application;
or
(b) the Authority rejects the application.
44 Paragraph 12B(2)(a)
Omit “full”, substitute “draft”.
45 Paragraph 12B(2)(e)
Omit “holding an inquiry”, substitute “making a final
assessment”.
46 Section 13
Omit “a preliminary” (wherever occurring), substitute “an
initial”.
Note: The heading to section 13 is altered by omitting
“preliminary” and substituting
“initial”.
47 Section 13A
Omit “preliminary”, substitute “initial”.
Note: The heading to section 13A is altered by omitting
“preliminary” and substituting
“initial”.
48 Paragraph 13A(2)(b)
Omit “full”, substitute “draft”.
49 Paragraph 14(3)(b)
Omit “a preliminary”, substitute “an
initial”.
Note: The heading to section 14 is altered by adding at
the end “about application”.
50 Paragraph 14(3)(c)
Omit “full”, substitute “draft”.
51 After section 14
Insert:
(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 draft 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.
52 Section 15
Omit “full” (wherever occurring), substitute
“draft”.
Note: The heading to section 15 is altered by omitting
“Full” and substituting
“Draft”.
53 After section 15
Insert:
(1) The Authority must make a draft assessment of a proposal.
(2) In making a draft 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 sent or published under section 14A; and
(b) the objectives and matters listed in section 10; and
(c) any relevant New Zealand standards; and
(d) any other relevant matters.
54 Subsection 15A(1)
Omit “full”, substitute “draft”.
Note: The heading to section 15A is altered by omitting
“full assessment” and substituting “draft assessment
of application”.
55 After section 15A
Insert:
After making a draft assessment of a proposal, the Authority
must:
(a) prepare in writing a draft food regulatory measure or a draft
variation of a food regulatory measure, as the case requires; or
(b) abandon the proposal.
56 Paragraph 16(1)(a)
Before “the Authority”, insert “after making a draft
assessment of an application,”.
Note: The heading to section 16 is altered by inserting
“resulting from an application” after
“variation”.
57 Paragraph 16(1)(b)
Omit “holding of an inquiry into”, substitute “making of
a final assessment in relation to”.
58 Subsections 16(2) and
(3)
Omit “hold an inquiry to consider”, substitute “make a
final assessment in relation to”.
59 Subsection 16(4)
Omit “hold the inquiry”, substitute “make the final
assessment”.
60 Subsection 16(4)
Omit “holding of the inquiry”, substitute “making of the
final assessment”.
61 Paragraph 16(5)(a)
Omit “inquiry”, substitute “final
assessment”.
62 Paragraph 16(6)(b)
Omit “hold an inquiry to consider”, substitute “make a
final assessment in relation to”.
63 Paragraph 16(6)(c)
Omit “inquiry”, substitute “final
assessment”.
64 Paragraph 17(1)(a)
Before “the Authority”, insert “after making a draft
assessment of an application,”.
Note: The heading to section 17 is altered by inserting
“resulting from an application” after
“variation”.
65 Paragraph 17(1)(b)
Omit “holding of an inquiry into”, substitute “making of
a final assessment in relation to”.
66 Paragraph 17(3)(b)
Omit “hold an inquiry to consider”, substitute “make a
final assessment in relation to”.
67 Paragraph 17(3)(c)
Omit “inquiry”, substitute “final
assessment”.
68 After section 17
Insert:
(1) If, after making a draft assessment of a proposal, 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 14A.
(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 make a final assessment in relation to
the draft; and
(c) invite written submissions for the purpose of the final assessment to
be made to the Authority within the period specified in the notice.
69 After section 17A
Insert:
(1) If the Authority abandons a proposal under section 15B, 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 14A.
(2) The notice must state how to obtain further information about the
decision and the reasons for it.
70 Subsection 17B(1)
Omit “holds an inquiry to consider”, substitute “makes a
final assessment in relation to”.
71 Paragraph 17B(3)(a)
Before “the applicant”, insert “if the draft resulted
from an application—”.
72 After paragraph
17B(3)(a)
Insert:
(aa) the Council; and
73 At the end of paragraph
17B(3)(c)
Add “or 14A”.
74 Section 18
Repeal the section, substitute:
(1) If the Authority makes a final assessment in relation to a draft
standard or a draft variation of a standard, the Authority must:
(a) approve the draft; or
(b) approve the draft subject to such amendments as the Authority
considers necessary; or
(c) reject the draft.
Note: The Board must not delegate its powers to act on
behalf of the Authority under this subsection—see
section 67.
(2) To avoid doubt, the draft does not take effect except in accordance
with a notice under section 23A.
(3) If the Authority decides to reject the draft, the Authority must give
the Council a written notification of that decision.
75 Subsection 19(1)
Omit “holds an inquiry to consider”, substitute “makes a
final assessment in relation to”.
Note: The heading to section 19 is altered by omitting
“inquiry about”, substitute “final assessment in
relation to”.
76 Paragraph 19(1)(a)
Before “the applicant”, insert “if the draft resulted
from an application—”.
77 Paragraphs 19(1)(c) and
(d)
Omit “or 17”, substitute “, 17 or 17AA”.
78 Paragraph 19(2)(a)
Omit “recommendation made to the Council”, substitute
“decision made by the Authority”.
79 Paragraph 19(2)(b)
Omit “recommendation”, substitute
“decision”.
80 Section 20
Repeal the section, substitute:
(1) If the Authority approves a draft standard or variation under
section 18 (with or without amendments), the Authority must, within 14 days
after the approval, give the Council:
(a) a written notification of the approval; and
(b) a copy of the approved draft; and
(c) a list of the written submissions that were made for the purpose of
the draft assessment and final assessment concerned; and
(d) a statement analysing those submissions; and
(e) a summary of the Authority’s reasons for approving the draft;
and
(f) a Regulation Impact Statement.
(2) The things mentioned in paragraphs (1)(c), (d), (e) and (f) may
be set out in the same document.
(3) A failure to comply with paragraph (1)(c), (d), (e) or (f) does
not affect the validity of the draft.
(4) If the Authority approves a draft standard or variation under
section 18 (with or without amendments), the Authority must publish on the
Internet:
(a) a copy of the draft; and
(b) a notice setting out the matters mentioned in
subsection (5).
(5) A notice under subsection (4) must:
(a) state that the Authority has approved the draft under section 18;
and
(b) state that the Authority has given, or is about to give, the Council a
written notification of the approval of the draft; and
(c) summarise the effect of Divisions 3 and 4 in relation to the
notification.
(6) If the Authority has notified the Council under subsection (1)
that the Authority has approved a draft standard or variation (with or without
amendments), the Council may direct the Authority to give the Council such
information as the Council reasonably requires for the purpose of assisting the
Council to make a decision about the draft under section 21, 22 or
23.
81 Divisions 1A, 2 and 2A of
Part 3
Repeal the Divisions, substitute:
(1) If the Authority notifies the Council under section 20 that the
Authority has approved a draft standard or variation (with or without
amendments), the Council may, within 60 days after the notification:
(a) request the Authority to review the draft; or
(b) inform the Authority that the Council does not intend to request the
Authority to review the draft.
(2) If the Council requests the Authority to review a draft standard or
variation, the Council must inform the Authority of the Council’s concerns
with the draft.
(3) The Council may give to the Authority such directions as it thinks fit
in relation to the conduct of a review of a draft standard or
variation.
(4) Subject to any directions under subsection (3), a review is to be
conducted in such manner as the Authority considers appropriate.
(5) If the Council requests the Authority to review a draft standard or
variation, the Authority must complete that review, and make a decision under
subsection (6):
(a) within 3 months after the request was made; or
(b) if the Council allows a longer period—within that longer
period.
(6) After completing a review under this section of a draft standard or
variation, the Authority must:
(a) decide to re-affirm its approval of the draft; or
(b) decide to re-affirm its approval of the draft, subject to such
amendments as the Authority considers necessary; or
(c) decide to withdraw its approval of the draft;
and give the Council:
(d) written notification of the terms of the Authority’s decision;
and
(e) the Authority’s reasons for making that decision.
Note: The Board must not delegate its powers to act on
behalf of the Authority under this subsection—see
section 67.
(7) In exercising its powers under this section in relation to a draft
standard or variation, the Council must comply with:
(a) the Food Regulation Agreement 2000; and
(b) the Australia New Zealand Joint Food Standards Agreement.
(1) If the Authority notifies the Council that the Authority
has:
(a) made a decision under paragraph 21(6)(a) to re-affirm the
Authority’s approval of a draft standard or variation; or
(b) made a decision under paragraph 21(6)(b) to re-affirm the
Authority’s approval of a draft standard or variation, subject to
amendments;
the Council may, within 60 days after the notification:
(c) request the Authority to review the draft; or
(d) inform the Authority that the Council does not intend to request the
Authority to review the draft.
(2) If the Council requests the Authority to review a draft standard or
variation, the Council must inform the Authority of the Council’s concerns
with the draft.
(3) The Council may give to the Authority such directions as it thinks fit
in relation to the conduct of a review of a draft standard or
variation.
(4) Subject to any directions under subsection (3), a review is to be
conducted in such manner as the Authority considers appropriate.
(5) If the Council requests the Authority to review a draft standard or
variation, the Authority must complete that review, and make a decision under
subsection (6):
(a) within 3 months after the request was made; or
(b) if the Council allows a longer period—within that longer
period.
(6) After completing a review under this section of a draft standard or
variation, the Authority must:
(a) decide to re-affirm its approval of the draft; or
(b) decide to re-affirm its approval of the draft, subject to such
amendments as the Authority considers necessary; or
(c) decide to withdraw its approval of the draft;
and give the Council:
(d) written notification of the terms of the Authority’s decision;
and
(e) the Authority’s reasons for making that decision.
Note: The Board must not delegate its powers to act on
behalf of the Authority under this subsection—see
section 67.
(7) In exercising its powers under this section in relation to a draft
standard or variation, the Council must comply with the Food Regulation
Agreement 2000.
(1) If the Authority notifies the Council that the Authority
has:
(a) made a decision under paragraph 22(6)(a) to re-affirm the
Authority’s approval of a draft standard or variation; or
(b) made a decision under paragraph 22(6)(b) to re-affirm the
Authority’s approval of a draft standard or variation, subject to
amendments;
the Council may, within 60 days after the notification:
(c) inform the Authority that the Council does not intend to reject the
draft; or
(d) reject the draft.
(2) If the Council decides to reject the draft, the Council
must:
(a) prepare a notice setting out that decision and the reasons for that
decision; and
(b) give the Authority a copy of the notice; and
(c) publish a copy of the notice on the Internet.
Standard or variation not subject to review at the request of the
Council
(1) If:
(a) the Authority notifies the Council under section 20 that the
Authority has approved a draft standard or variation (with or without
amendments); and
(b) either:
(i) the Council informs the Authority that the Council does not intend to
request the Authority to review the draft; or
(ii) 60 days pass, and the Council has not requested the Authority to
review the draft;
then, as soon as practicable, the Authority must comply with the
publication requirements set out in subsection (4) in relation to the draft
or the draft as so amended.
Standard or variation subject to a first review at the request of the
Council
(2) If:
(a) the Authority notifies the Council under subsection 21(6) that the
Authority has:
(i) made a decision under paragraph 21(6)(a) to re-affirm the
Authority’s approval of a draft standard or variation; or
(ii) made a decision under paragraph 21(6)(b) to re-affirm the
Authority’s approval of a draft standard or variation, subject to
amendments; and
(b) either:
(i) the Council informs the Authority that the Council does not intend to
request the Authority to review the draft; or
(ii) 60 days pass, and the Council has not requested the Authority to
review the draft;
then, as soon as practicable, the Authority must comply with the
publication requirements set out in subsection (4) in relation to the draft
or the draft as so amended.
Standard or variation subject to a second review at the request of the
Council
(3) If:
(a) the Authority notifies the Council under subsection 22(6) that the
Authority has:
(i) made a decision under paragraph 22(6)(a) to re-affirm the
Authority’s approval of a draft standard or variation; or
(ii) made a decision under paragraph 22(6)(b) to re-affirm the
Authority’s approval of a draft standard or variation, subject to
amendments; and
(b) either:
(i) the Council informs the Authority that the Council does not intend to
reject the draft; or
(ii) 60 days pass, and the Council has not informed the Authority that the
Council has rejected the draft;
then, as soon as practicable, the Authority must comply with the
publication requirements set out in subsection (4) in relation to the draft
or the draft as so amended.
Publication requirements
(4) The publication requirements applicable to a draft or draft as amended
are as follows:
(a) the Authority must prepare a notice stating that the draft or the
draft as so amended is to come into effect on a date specified in the
notice;
(b) the Authority must cause a copy of the notice to be published in the
Gazette and in the New Zealand Gazette;
(c) the Authority must make a copy of:
(i) the notice; and
(ii) the text of the draft or the draft as so amended;
available for inspection by the public;
(d) the Authority must publish on the Internet a copy of:
(i) the notice; and
(ii) the text of the draft or the draft as so amended.
When standard or variation made under this Act
(5) If a standard or variation is the subject of a notice under
subsection (4), the standard or variation is taken to have been
made under this Act if and when the standard or
variation comes into effect in accordance with the notice.
Draft as so amended
(6) To avoid doubt, a reference in this section to a draft as so
amended does not imply that a reference in another provision of this Act
to a draft does not include a reference to an amended draft.
(1) If the Authority considers that it is appropriate to do so in order to
protect public health and safety, the Authority may:
(a) declare in writing that a specified application made under
section 12 is an urgent application for the purposes of this
Part; or
(b) declare in writing that a specified proposal prepared under
section 12AA is an urgent proposal for the purposes of this
Part;
so long as the application or proposal relates to the development or
variation of a standard.
(2) The Authority must publish on the Internet a copy of a declaration
under subsection (1).
(3) The Authority must give a copy of a declaration under
subsection (1) to:
(a) each appropriate government agency; and
(b) the Council; and
(c) if the declaration relates to an application—the
applicant.
(4) Division 2 (other than sections 12 and 12AA) and
Divisions 3 and 4 do not apply to an urgent application or an urgent
proposal.
(5) Paragraph 12(2)(c) does not apply to an urgent application.
(1) After considering an urgent application, the Authority must:
(a) prepare in writing a draft standard or a draft variation of a
standard; or
(b) reject the application.
(2) After considering an urgent proposal, the Authority must:
(a) prepare in writing a draft standard or a draft variation of a
standard, as the case requires; or
(b) abandon the proposal.
(3) If, under this section, the Authority prepares a draft standard, or a
draft variation of a standard, the Authority must publish on the
Internet:
(a) a copy of the draft; and
(b) a notice inviting interested persons and appropriate government
agencies to give written submissions about the draft to the Authority:
(i) within 10 business days after the publication of the notice;
or
(ii) if the Authority specifies a shorter period in the
notice—within that shorter period.
(1) After considering a draft standard, or a draft variation of a
standard, prepared under section 25, the Authority must:
(a) approve the draft; or
(b) approve the draft subject to such amendments as the Authority
considers necessary; or
(c) abandon the draft.
Note: The Board must not delegate its powers to act on
behalf of the Authority under this subsection—see
section 67.
(2) If interested persons and/or appropriate government agencies have made
written submissions about the draft in accordance with the notice under
paragraph 25(3)(b), the Authority must have due regard to those submissions in
considering the draft.
(3) To avoid doubt, the draft does not take effect except in accordance
with a notice under subsection (4).
Publication
(4) If the Authority approves a draft standard or variation under this
section (with or without amendments), the Authority must:
(a) prepare a notice stating that the draft or the draft as so amended is
to come into effect on a date specified in the notice; and
(b) cause a copy of the notice to be published in the Gazette and
in the New Zealand Gazette; and
(c) make a copy of:
(i) the notice; and
(ii) the text of the draft or the draft as so amended;
available for inspection by the public; and
(d) publish on the Internet a copy of:
(i) the notice; and
(ii) the text of the draft or the draft as so amended.
Draft as so amended
(5) To avoid doubt, a reference in subsection (4) to a draft as
so amended does not imply that a reference in another provision of this
Act to a draft does not include a reference to an amended draft.
(1) This section applies if the Authority approves a draft standard or
variation under section 26 (with or without amendments).
(2) The Authority must, as soon as practicable, and in any event within 12
months, after the draft comes into effect, complete a final assessment under
section 16, 17 or 17AA, whichever is appropriate, in relation to the draft
in the same manner as if that draft:
(a) had been the subject of a draft assessment under section 15 or
15AA; and
(b) were a draft prepared under section 15A or 15B.
(1) If the Authority completes a final assessment under section 27 in
relation to a standard or variation, the Authority must, within 14 days after
the completion of the final assessment:
(a) decide to re-affirm the standard or variation; or
(b) decide to prepare a proposal under section 12AA for the
development of:
(i) a variation, or further variation, of the standard; or
(ii) a replacement standard;
and give the Council:
(c) written notification of the terms of the Authority’s decision;
and
(d) the Authority’s reasons for making that decision.
Note 1: The Board must not delegate its powers to act on
behalf of the Authority under this subsection—see
section 67.
Note 2: Section 28D deals with the consequences of a
decision under paragraph (b).
(2) If the Authority decides to re-affirm the standard or variation, the
Authority must also give the Council:
(a) a list of the submissions that were made for the purposes of the final
assessment; and
(b) a statement analysing those submissions; and
(c) a Regulation Impact Statement.
(3) The things mentioned in paragraphs (1)(d) and (2)(a), (b) and (c)
may be set out in the same document.
(4) If the Authority has notified the Council under subsection 28(1) that
the Authority has made a decision under paragraph 28(1)(a) to re-affirm a
standard or variation of a standard, the Council may direct the Authority to
give the Council such information as the Council reasonably requires for the
purpose of assisting the Council to make a decision about the standard or
variation under section 28A, 28B or 28C.
(1) If the Authority notifies the Council under subsection 28(1) that the
Authority has made a decision under paragraph 28(1)(a) to re-affirm a standard
or variation of a standard, the Council may, within 60 days after the
notification:
(a) request the Authority to review the standard or variation;
or
(b) inform the Authority that the Council does not intend to request the
Authority to review the standard or variation.
(2) If the Council requests the Authority to review a standard or
variation, the Council must inform the Authority of the Council’s concerns
with the standard or variation.
(3) The Council may give to the Authority such directions as it thinks fit
in relation to the conduct of a review of a standard or variation.
(4) Subject to any directions under subsection (3), a review is to be
conducted in such manner as the Authority considers appropriate.
(5) If the Council requests the Authority to review a standard or
variation, the Authority must complete that review, and make a decision under
subsection (6):
(a) within 3 months after the request was made; or
(b) if the Council allows a longer period—within that longer
period.
(6) After completing a review under this section of a standard or
variation, the Authority must:
(a) decide to re-affirm the standard or variation; or
(b) decide to prepare a proposal under section 12AA for the
development of:
(i) a variation, or further variation, of the standard; or
(ii) a replacement standard;
and give the Council:
(c) written notification of the terms of the Authority’s decision;
and
(d) the Authority’s reasons for making that decision.
Note 1: The Board must not delegate its powers to act on
behalf of the Authority under this subsection—see
section 67.
Note 2: Section 28D deals with the consequences of a
decision under paragraph (b).
(7) In exercising its powers under this section, the Council must comply
with:
(a) the Food Regulation Agreement 2000; and
(b) the Australia New Zealand Joint Food Standards Agreement.
(1) If the Authority notifies the Council under subsection 28A(6) that the
Authority has made a decision under paragraph 28A(6)(a) to re-affirm a standard
or variation of a standard, the Council may, within 60 days after the
notification:
(a) request the Authority to review the standard or variation;
or
(b) inform the Authority that the Council does not intend to request the
Authority to review the standard or variation.
(2) If the Council requests the Authority to review a standard or
variation, the Council must inform the Authority of the Council’s concerns
with the standard or variation.
(3) The Council may give to the Authority such directions as it thinks fit
in relation to the conduct of a review of a standard or variation.
(4) Subject to any directions under subsection (3), a review is to be
conducted in such manner as the Authority considers appropriate.
(5) If the Council requests the Authority to review a standard or
variation, the Authority must complete that review, and make a decision under
subsection (6):
(a) within 3 months after the request was made; or
(b) if the Council allows a longer period—within that longer
period.
(6) After completing a review under this section of a standard or
variation, the Authority must:
(a) decide to re-affirm the standard or variation; or
(b) decide to prepare a proposal under section 12AA for the
development of:
(i) a variation, or further variation, of the standard; or
(ii) a replacement standard;
and give the Council:
(c) written notification of the terms of the Authority’s decision;
and
(d) the Authority’s reasons for making that decision.
Note 1: The Board must not delegate its powers to act on
behalf of the Authority under this subsection—see
section 67.
Note 2: Section 28D deals with the consequences of a
decision under paragraph (b).
(7) In exercising its powers under this section, the Council must comply
with the Food Regulation Agreement 2000.
(1) If the Authority notifies the Council that the Authority has made a
decision under paragraph 28B(6)(a) to re-affirm a standard or variation, the
Council may, within 60 days after the notification:
(a) inform the Authority that the Council does not intend to revoke or
amend the standard or variation; or
(b) by written instrument, revoke or amend the standard or variation with
effect from a date specified in the instrument.
(2) If the Council decides to revoke or amend a standard or variation, the
Council must:
(a) prepare a notice setting out the reasons for that decision;
and
(b) give the Authority a copy of the notice; and
(c) publish a copy of the notice on the Internet.
(3) Before amending the standard or variation, the Council must give the
Authority an opportunity to submit to the Council a draft of the text of the
amendment.
(4) As soon as practicable after the Council decides to revoke or amend
the standard or variation, the Authority must:
(a) prepare a notice stating that the revocation or amendment is to come
into effect on the date specified in the instrument of revocation or amendment;
and
(b) cause a copy of the notice to be published in the Gazette and
in the New Zealand Gazette; and
(c) make a copy of:
(i) the notice; and
(ii) the text of the revocation or amendment;
available for inspection by the public; and
(d) publish on the Internet a copy of:
(i) the notice; and
(ii) the text of the instrument of revocation or amendment.
(5) If a standard or variation is the subject of a notice under
subsection (4), the standard or variation is taken to have been
made under this Act if and when the standard or
variation comes into effect in accordance with the notice.
(1) If:
(a) the Authority makes a decision under paragraph 28(1)(b), 28A(6)(b) or
28B(6)(b) to prepare a proposal under section 12AA for the development
of:
(i) a variation, or further variation, of a standard; or
(ii) a replacement standard; and
(b) the Authority decides that it is appropriate to apply this section to
the proposal in order to protect public health and safety;
this Division applies in relation to the proposal as if:
(c) the proposal were the subject of a declaration under subsection 24(1);
and
(d) section 27 and subsection 28(2) (which deal with final
assessments) had not been enacted; and
(e) each reference in subsection 28(1) to the completion of a final
assessment in relation to a standard or variation were a reference to the
preparation of the notice under subsection 26(4) in relation to the standard or
variation that results from the proposal.
(2) The Authority must publish on the Internet a notice setting out a
decision under paragraph (1)(b).
82 Division 3 of Part 3
(heading)
Repeal the heading, substitute:
83 Subsection 29(1)
Omit “An inquiry”, substitute “A final
assessment”.
Note: The heading to section 29 is altered by omitting
“Inquiries” and substituting “Final
assessments”.
84 Subsection 29(2)
Omit “an inquiry”, substitute “a final
assessment”.
85 Subsection 29(3)
Omit “at an inquiry” (wherever occurring), substitute “in
the course of a final assessment”.
86 Section 30
Omit “an inquiry”, substitute “a final
assessment”.
Note: The heading to section 30 is altered by omitting
“inquiries” and substituting “final
assessments”.
87 At the end of
section 30A
Add:
(3) Subsection (1) does not apply to a notice under
section 20.
88 Section 31
Repeal the section.
89 Section 32
Repeal the section.
90 After subsection 33(1)
Insert:
(1A) If the Council requests the Authority to review a standard:
(a) the Authority must review the standard; and
(b) subject to any directions under subsection (1B), the Authority
may conduct the review in such manner as the Authority considers
appropriate.
(1B) The Council may give to the Authority such directions as it thinks
fit in relation to the conduct of a review under subsection (1A).
(1C) If the Council requests the Authority to review a standard under
subsection (1A), the Authority must complete that review:
(a) within 3 months after the request was made; or
(b) if the Council allows a longer period—within that longer
period.
(1D) After completing a review under subsection (1A), the Authority
must notify the Council of the result of the review.
91 Subsection 33(2)
Omit “, it must”, substitute “under this section, it
may”.
92 Subsection 33(3)
Omit “sections 22 to 28D apply in relation to that
proposal”, substitute “this Part has effect as if the proposal were
a proposal under section 12AA”.
93 Paragraph 34(1)(a)
Omit “a preliminary or full assessment”, substitute “an
initial or draft assessment”.
94 Paragraph 34(1)(b)
Omit “an inquiry to consider”, substitute “a final
assessment in relation to”.
95 Subsections 35(1) and
(1A)
Omit “recommendation to the Council”, substitute
“decision under section 18”.
Note: The heading to section 35 is altered by omitting
“make recommendations to Council” and substituting
“decisions under section 18”.
96 Subsection 35(1A)
Omit “of the beginning of the work plan year in which the application
was considered”, substitute “after the application was
accepted”.
97 Subsection 35(2)
Omit “recommendation or”.
98 Paragraph 35(5)(b)
Omit “full”, substitute “draft”.
99 Paragraph 35(5A)(b)
Omit “holds an inquiry to consider”, substitute “makes a
final assessment in relation to”.
100 Subsection 35(5A)
Omit “the inquiry notice period”, substitute “the final
assessment notice period”.
101 Subsection 35(7)
Insert:
final 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
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.
102 Subsection 35(7) (definition of inquiry
notice period)
Repeal the definition.
103 Paragraph 36(1)(b)
Omit “21”, substitute “12AA”.
104 Subsection 36(1A)
Omit “15, 15A and 23”, substitute “16, 17, 17AA and
19”.
105 Paragraph 36(1C)(b)
Omit “22 or 24”, substitute “14A or
17AA”.
106 Paragraph 36(1C)(c)
Omit “24”, substitute “17AA”.
107 Subsection 36A(1)
Omit “21”, substitute “12AA”.
108 Paragraph 36A(2A)(b)
Omit “22 or 24”, substitute “14A or
17AA”.
109 Paragraph 36A(2A)(c)
Omit “24”, substitute “17AA”.
110 Section 37
Repeal the section.
111 Section 39
Omit “member of the Authority” (wherever occurring), substitute
“member of the Board”.
112 Paragraph 39(4)(c)
After “person”, insert “or body”.
113 Subsection 39(11) (definition of
committee)
Repeal the definition.
114 Part 4 (heading)
Repeal the heading, substitute:
115 Division 1 of Part 4
(heading)
Repeal the heading, substitute:
116 Before section 40
Insert:
(1) The affairs of the Authority are to be conducted by a Board to be
known as the Board of Food Standards Australia New Zealand.
(2) All acts and things done in the name of, or on behalf of, the
Authority by the Board or with the authority of the Board are taken to have been
done by the Authority.
(3) To avoid doubt, a reference in subsection (2) to a thing
done includes a reference to a state of mind attained or an opinion
formed.
117 Subsection 40(1)
Omit “Authority”, substitute “Board”.
Note: The heading to section 40 is altered by omitting
“Authority” and substituting
“Board”.
118 Paragraphs 40(1)(aa), (b), (ba), (c), (d)
and (e)
Repeal the paragraphs, substitute:
(b) the Chief Executive Officer; and
(c) 2 members nominated by the New Zealand lead Minister on the Council;
and
(d) a member who has a background in consumer rights; and
(e) not fewer than one, nor more than 5, other members.
119 Subsection 40(2)
Repeal the subsection, substitute:
(1A) A member mentioned in paragraph (1)(a), (c), (d) or (e) is to be
appointed by the Minister.
(1B) The Minister may only appoint a person as a member mentioned in
paragraph (1)(a), (d) or (e) if the Council has agreed to the
appointment.
(2) Before appointing a person as a member mentioned in
paragraph (1)(c), the Minister must consult the Council.
120 Subsections 40(3) and
(4)
Repeal the subsections, substitute:
(3) The Minister may only appoint a person as a member mentioned in
paragraph (1)(a), (c) or (e) if the Minister is satisfied that the person
is suitably qualified for appointment because of expertise in one or more of the
following fields:
(a) public health;
(b) food science;
(c) human nutrition;
(d) government;
(e) food regulation;
(f) the food industry;
(g) food processing or retailing;
(h) primary food production;
(i) small business;
(j) international trade.
121 Subsection 40(5)
Omit “(1)(c)”, substitute “(1)(d)”.
122 Subsection 40(6)
Repeal the subsection.
123 Subsection 40(9)
Omit “Authority” (wherever occurring), substitute
“Board”.
124 Transitional—termination of existing
appointments
If a person held office as a member (other than the Chief Executive
Officer) immediately before the commencement of this item, the member’s
appointment is terminated at the commencement of this item.
125 Subsection 41(1)
Omit “, other than a special purpose member,”.
126 Subsection 41(2)
Omit “other than a special purpose member”.
127 Subsection 41(3)
Repeal the subsection.
128 At the end of
section 41
Add:
(5) If:
(a) a member holds office for a particular period (the original
period); and
(b) the Minister does not make a decision before the end of the original
period to re-appoint, or not to re-appoint, the member;
then, subject to this Part, the member continues to hold office on the
basis that the original period is extended until:
(c) the end of the period of 6 months beginning at the end of the original
period; or
(d) the Minister notifies the member that the Minister has decided not to
re-appoint the member; or
(e) the Minister signs an instrument re-appointing the member;
whichever first happens.
(6) As soon as practicable after subsection (5) begins to apply to a
member, the Authority must cause to be published in the Gazette a notice
describing the circumstances in which that subsection has begun to apply to the
member.
(7) As soon as practicable after subsection (5) ceases to apply to a
member, the Authority must cause to be published in the Gazette a notice
describing the circumstances in which that subsection has ceased to apply to the
member.
129 Section 42
Repeal the section.
130 Section 43
Omit “Authority” (wherever occurring), substitute
“Board”.
Note: The heading to section 43 is altered by omitting
“other than the Food Advisory Committee”.
131 Subsection 43(1)
Omit “other”.
132 At the end of
section 43
Add:
(4) In exercising its powers under subsection (1), (2) or (3), the
Authority must comply with any directions given to it by the Council.
(5) The Board must keep the Council informed of:
(a) the establishment or abolition of a committee; and
(b) any directions given by the Board to a committee.
133 Transitional—abolition of existing
committees
If a committee established under section 43 of the Australia New
Zealand Food Authority Act 1991 was in existence immediately before the
commencement of this item, the committee is abolished at the commencement of
this item.
134 Subsection 44(1)
Omit “Authority, of the Food Advisory Committee and of other”,
substitute “Board and of”.
135 Subsection 46(2)
Omit “other than a special purpose member”.
136 Section 47
Omit “Authority” (wherever occurring), substitute
“Board”.
137 Subsection 47(4)
Omit “other than a special purpose member”.
138 Section 48
Omit “Authority” (wherever occurring), substitute
“Board”.
139 Section 49
Omit “Authority” (wherever occurring), substitute
“Board”.
140 Section 50
Omit “direct or indirect pecuniary interest”, substitute
“material personal interest”.
141 Section 50
Omit “Authority” (wherever occurring), substitute
“Board”.
142 Paragraph 52(2)(d)
Omit “or a special purpose member”.
143 Paragraph 52(2)(d)
Omit “Authority”, substitute “Board”.
144 Paragraph 52(2)(d)
Omit “or” (last occurring).
145 Paragraph 52(2)(e)
Repeal the paragraph.
146 Subsection 52A(2)
Omit “Minister”, substitute “Board”.
147 Transitional—appointment of Chief
Executive Officer
(1) This item applies if a person held office as the Chief Executive
Officer immediately before the commencement of this item because of an
appointment under subsection 52A(2) of the Australia New Zealand Food
Authority Act 1991.
(2) The person continues to hold that office, as if that appointment were
an appointment under the corresponding provision of the Food Standards
Australia New Zealand Act 1991, until:
(a) the end of the period of 6 months beginning at the commencement of
this item; or
(b) the Board re-appoints the person to that office; or
(c) the Board appoints another person to that office;
whichever first happens.
148 Subsection 52B(2)
Omit “Authority”, substitute “Board”.
149 At the end of
section 52B
Add:
(3) The Chief Executive Officer is not authorised to act on behalf of the
Authority under:
(a) section 18; or
(b) subsection 21(6); or
(c) subsection 22(6); or
(d) subsection 26(1); or
(e) subsection 28(1); or
(f) subsection 28A(6); or
(g) subsection 28B(6).
150 Section 52D
Omit “Minister” (wherever occurring), substitute
“Board”.
151 Section 52E
Omit “Minister”, substitute “Board”.
152 Section 52F
Omit “Minister”, substitute “Board”.
153 Transitional—determination of terms
and conditions for Chief Executive Officer
(1) This item applies if a determination was in force under
section 52F of the Australia New Zealand Food Authority Act 1991
immediately before the commencement of this item.
(2) The Food Standards Australia New Zealand Act 1991 has effect,
after the commencement of this item, as if the determination had been made
by the Board under section 52F of that Act.
154 Section 52G
Omit “Minister”, substitute “Board”.
155 Transitional—appointment of acting
Chief Executive Officer during a vacancy
(1) This item applies if a person was acting as the Chief Executive Officer
immediately before the commencement of this item because of an appointment under
paragraph 52G(1)(a) of the Australia New Zealand Food Authority Act
1991.
(2) The person continues to act as the Chief Executive Officer, as if that
appointment were an appointment under the corresponding provision of the Food
Standards Australia New Zealand Act 1991, until:
(a) the end of the period of 6 months beginning at the commencement of
this item; or
(b) the Board terminates the person’s appointment; or
(c) the Board appoints the person, or another person, to the office of
Chief Executive Officer under subsection 52A(2) of the Food Standards
Australia New Zealand Act 1991;
whichever first happens.
156 Transitional—appointment of acting
Chief Executive Officer during temporary absence etc.
(1) This item applies if a person was acting as the Chief Executive Officer
immediately before the commencement of this item because of an appointment under
paragraph 52G(1)(b) of the Australia New Zealand Food Authority Act
1991.
(2) The person continues to act as the Chief Executive Officer, as if that
appointment were an appointment under the corresponding provision of the Food
Standards Australia New Zealand Act 1991, until:
(a) the end of the period of 6 months beginning at the commencement of
this item; or
(b) the Board terminates the person’s appointment; or
(c) the Chief Executive Officer returns to duty;
whichever first happens.
157 Section 61
Omit “at an inquiry” (wherever occurring), substitute “in
the course of a final assessment”.
158 Subsection 62(1)
Omit “at an inquiry”, substitute “in the course of a
final assessment”.
159 Subsection 62(2)
Omit “member of the Authority”, substitute “member of the
Board”.
160 After subparagraph
63(1)(a)(ii)
Insert:
(iii) a decision by the Authority under section 25 to reject the
application; or
161 Subsection 65A(1)
Omit “New Zealand Minister”, substitute “New Zealand lead
Minister on the Council”.
162 Subsection 65A(2)
Repeal the subsection.
163 Transitional—agreement under
section 65A of the Australia New Zealand Food Authority Act
1991
(1) This item applies to an agreement in force under section 65A of
the Australia New Zealand Food Authority Act 1991 immediately before the
commencement of this item.
(2) The agreement has effect, after the commencement of this item, as if it
had been entered into between the Authority and the lead New Zealand Minister on
the Council under section 65A of the Food Standards Australia New
Zealand Act 1991.
164 Paragraph 66(9)(a)
Omit “adoption”, substitute “coming into
effect”.
165 Section 67
Repeal the section, substitute:
(1) The Board may, by resolution, delegate to a member of the Board, or to
a senior member of the staff of the Authority, all or any of its powers under
this Act, other than its powers to act on behalf of the Authority
under:
(a) section 18; or
(b) subsection 21(6); or
(c) subsection 22(6); or
(d) subsection 26(1); or
(e) subsection 28(1); or
(f) subsection 28A(6); or
(g) subsection 28B(6).
(2) A delegation of a power under this section:
(a) may be revoked by resolution of the Board (whether or not constituted
by the persons constituting the Board at the time when the power was delegated);
and
(b) continues in force notwithstanding a change in the membership of the
Board.
(3) Section 34A of the Acts Interpretation Act 1901 applies in
relation to a delegation under this section as if the Board were a
person.
(4) A certificate signed by the Chairperson of the Board stating any
matter with respect to a delegation of a power under this section is prima facie
evidence of that matter.
(5) A document purporting to be a certificate mentioned in
subsection (4) is, unless the contrary is established, taken to be such a
certificate and to have been duly given.
(6) A delegate under this section is, in the exercise of a power delegated
under this section, subject to any directions given by the Board.
(7) In this section:
senior member of the staff of the Authority means:
(a) a person who holds or performs the duties of a Senior Executive
Service position in the Authority; or
(b) a person who holds or performs the duties of an APS Executive Level 2
position, or an equivalent position, in the Authority.
166 Subsection 68(1)
Omit “of the Authority”, substitute “of the
Board”.
167 Subsection 68(2)
Omit “action that a standard has been adopted, or taken to have been
adopted, and published in respect of that food and that the food complies with
the standard.”, substitute:
action that:
(a) a standard has come into effect; or
(b) a standard has been adopted, or taken to have been adopted, and
published;
in respect of that food and that the food complies with the
standard.
168 Transitional—exemption from
suit
Despite the amendments of section 68 of the Australia New Zealand
Food Authority Act 1991 made by this Part, that section continues to apply,
after the commencement of this item, in relation to a member of the Authority,
as if those amendments had not been made.
169 Paragraph 69(c)
Omit “21”, substitute “12AA”.
170 Paragraph 69(e)
Omit “a recommendation to the Council, or a decision under subsection
20A(2),”, substitute “decision under
section 18”.
171 At the end of
section 69
Add:
; (i) the number of standards made under this Act during that year;
and
(j) the number of draft standards and draft variations approved during
that year under:
(i) section 18; or
(ii) subsection 26(1); and
(k) the number of occasions during that year when requests were made under
section 21 for a review of a draft standard or draft variation;
and
(l) the number of occasions during that year when requests were made under
section 22 for a review of a draft standard or draft variation;
and
(m) the number of occasions during that year when a draft standard or
draft variation was rejected under section 23; and
(n) the number of occasions during that year when requests were made under
section 28A for a review of a standard or variation; and
(o) the number of occasions during that year when requests were made under
section 28B for a review of a standard or variation; and
(p) the number of occasions during that year when a standard or variation
was revoked or amended under section 28C; and
(q) a summary of policy guidelines notified to the Authority during that
year under paragraph 10(2)(e); and
(r) such other matters (if any) as are specified in the
regulations.
172 Transitional—annual report in the
course of preparation immediately before this item
commenced
To avoid doubt, if, immediately before the commencement of this item, the
members of the Australia New Zealand Food Authority had not completed the
preparation of an annual report under section 9 of the Commonwealth
Authorities and Companies Act 1997 for the last financial year that ended
before the commencement of this item, the members of the Board are responsible,
in accordance with that section, for:
(a) completing the preparation of that report; and
(b) giving the report to the Minister by the relevant deadline for the
financial year.
173 Transitional—annual report for the
financial year in which this item commenced
(1) To avoid doubt, the obligations imposed on the members of the Board
by:
(a) section 9 of the Commonwealth Authorities and Companies Act
1997; and
(b) section 69 of the Food Standards Australia New Zealand Act
1991;
to prepare an annual report on the Authority for the financial year in
which this item commenced extends to so much of the financial year as occurred
before this item commenced (when the Authority was known as the Australia New
Zealand Food Authority).
(2) Despite the amendments of section 69 of the Australia New
Zealand Food Authority Act 1991 made by this Part, that section continues to
apply, after the commencement of this item, in relation to so much of that
financial year as occurred before this item commenced, as if those amendments
had not been made.
174 Transitional—certain draft standards
etc. deemed to be notified to Council
(1) This item applies if, before the commencement of this item:
(a) ANZFA made a recommendation to the old Council under section 18
or 26 of the Australia New Zealand Food Authority Act 1991:
(i) that the old Council adopt a draft standard or a draft variation of a
standard; or
(ii) that the old Council adopt a draft standard or a draft variation of a
standard subject to such amendments as ANZFA considers necessary; and
(b) the old Council had not made a decision under section 20 or 28 of
that Act in relation to that recommendation.
(2) The Food Standards Australia New Zealand Act 1991 has effect
after the commencement of this item, in relation to the draft, as if:
(a) in a case where subparagraph (1)(a)(i) applies—FSANZ had
approved the draft under section 18 of that Act; and
(b) in a case where subparagraph (1)(a)(ii) applies—FSANZ had
approved the draft under section 18 of that Act subject to those
amendments; and
(c) in all cases—FSANZ had notified the new Council of the approval
under section 20 of that Act; and
(d) paragraphs 20(1)(b), (c), (d), (e) and (f) of that Act had not been
enacted.
(3) As soon as practicable after the commencement of this item, FSANZ
must:
(a) prepare a written list of the drafts covered by subitem (1);
and
(b) give a copy of that list to the new Council.
(4) In this item:
ANZFA means the Australia New Zealand Food
Authority.
FSANZ means Food Standards Australia New Zealand.
new Council means the Australia and New Zealand Food
Regulation Ministerial Council.
old Council means the Australia New Zealand Food Standards
Council.
175 Transitional—applications pending
immediately before this item commenced
(1) For the purposes of this item, an application for the development or
variation of a food regulatory measure is an eligible application
if:
(a) the application was made under section 12 of the old Act before
the commencement of this item; and
(b) the application was not withdrawn before that commencement;
and
(c) the application was not rejected before that commencement;
and
(d) in a case where the application was for the development or variation
of a standard and a draft standard or draft variation was prepared as a result
of the application—ANZFA neither:
(i) made a recommendation to the old Council about the draft;
nor
(ii) made a decision about the draft under section 20A of the old
Act;
before that commencement; and
(e) in a case where the application was for the development or variation
of a code of practice and a draft code of practice or a draft variation was
developed as a result of the application—ANZFA neither:
(i) approved the draft; nor
(ii) rejected the draft;
before that commencement.
(2) The eligible application lapses at the commencement of this item and,
except as provided by this item, FSANZ is not to take any action under the new
Act after that commencement in relation to:
(a) the eligible application; or
(b) any draft prepared as a result of the eligible application.
(3) For the purposes of the new Act:
(a) the eligible applicant is taken to have made an application (the
fresh application) under section 12 of that Act in the same
terms as the eligible application; and
(b) the fresh application is taken to have been made immediately after the
commencement of this item; and
(c) if the eligible application was accompanied by information in support
of the eligible application—the fresh application is taken to be
accompanied by that information; and
(d) if, under subsection 12(3) of the old Act, the applicant had provided
a sample of the food to which the eligible application relates—the
applicant is taken to have provided that sample in relation to the fresh
application under subsection 12(3) of the new Act.
(4) The applicant may, within 28 days after the commencement of this item,
request FSANZ, in writing, to defer making a decision under section 13A of
the new Act in relation to the application until the applicant gives FSANZ
additional information to support the application. FSANZ must comply with that
request.
(5) If the applicant makes a request under subitem (4), the time taken
by the applicant to provide the information is not to be included in the period
set or prescribed for the purpose of subsection 35(1) of the new Act or set for
the purposes of subsection 35(1A) or (3) of the new Act.
(6) Subsections 35(1) and (1A) of the new Act have effect, in relation to
the fresh application, as if a reference in those subsections to 12 months were
a reference to 15 months.
(7) If ANZFA made a preliminary assessment of the eligible application
before the commencement of this item, FSANZ is taken to have made an initial
assessment of the fresh application.
(8) If, before the commencement of this item, any submissions had been made
to ANZFA about the eligible application in response to a notice given under
section 13A or 14 of the old Act, those submissions have effect as if they
had been made to FSANZ about the fresh application in response to a notice given
under section 13A or 14 of the new Act.
(9) If notice is given under section 13A or 14 of the new Act in
relation to the fresh application, the notice must set out an explanation of the
effect of subitem (8).
(10) If:
(a) FSANZ accepts the fresh application under section 13A of the new
Act; and
(b) ANZFA had:
(i) made a full assessment of the eligible application before the
commencement of this item; and
(ii) prepared a draft food regulatory measure or a draft variation of a
food regulatory measure before the commencement of this item;
FSANZ is taken to have made a draft assessment of the fresh application if
it reviews the full assessment having regard to:
(c) any submissions made to it in response to a notice given under
section 13A or 14 of the new Act in relation to the fresh application,
being submissions that were not considered in making the full assessment;
and
(d) the matter set out in paragraph 10(2)(e) of the new Act.
(11) If, before the commencement of this item, any submissions had been
made to ANZFA in response to a notice given under section 16 or 17 of the
old Act in relation to the eligible application, those submissions have effect
as if they had been made to FSANZ in response to a notice given under
section 16 or 17 of the new Act in relation to the fresh
application.
(12) If notice is given under section 16 or 17 of the new Act in
relation to the fresh application, the notice must set out an explanation of the
effect of subitem (11).
(13) If ANZFA held an inquiry in relation to the eligible application
before the commencement of this item, FSANZ is taken to have made a final
assessment in relation to the draft that resulted from the fresh application if
it reviews the inquiry having regard to:
(a) any submissions made to it in response to a notice given under
section 16 or 17 of the new Act in relation to the draft that resulted from
the fresh application, being submissions that were not considered in holding the
inquiry; and
(b) the matter set out in paragraph 10(2)(e) of the new Act.
(14) If, before the commencement of this item, the applicant paid ANZFA a
charge fixed under section 66 of the old Act for a service provided in
relation to the eligible application:
(a) if the service was provided before the commencement of this
item—the applicant is taken to have paid FSANZ the charge fixed under
section 66 of the new Act for the corresponding service in relation to the
fresh application; and
(b) if the service was not provided before the commencement of this
item—FSANZ must refund the charge unless the applicant elects to treat the
payment as fully discharging the applicant’s liability to pay FSANZ the
charge fixed under section 66 of the new Act for the corresponding service
in relation to the fresh application.
(15) For the purposes of subitem (14):
(a) the service of making an initial assessment in relation to the fresh
application corresponds to the service of making a preliminary assessment in
relation to the eligible application; and
(b) the service of making a draft assessment in relation to the fresh
application corresponds to the service of making a full assessment in relation
to the eligible application; and
(c) the service of making a final assessment in relation to the fresh
application corresponds to the service of holding an inquiry in relation to the
eligible application; and
(d) the service of the giving of notices under a provision of the new Act
in relation to the fresh application corresponds to the service of the giving of
notices under the corresponding provision of the old Act in relation to the
eligible application; and
(e) the service of the preparation of a draft food regulatory measure, or
a draft variation of a food regulatory measure, in relation to the fresh
application corresponds to the service of the preparation of a draft food
regulatory measure, or a draft variation of a food regulatory measure, as the
case requires, in relation to the eligible application.
(16) If, under subitem (14), the applicant is taken to have paid FSANZ
a charge referred to in subparagraph 12(2)(c)(i) or (ii) of the new Act in
relation to the fresh application, the requirements of paragraph 12(2)(c) of the
new Act are taken to have been met in relation to that charge.
(17) If, under subitem (14), the applicant elects to treat a payment
as fully discharging the applicant’s liability to pay FSANZ a charge
referred to in subparagraph 12(2)(c)(i) or (ii) of the new Act in relation to
the fresh application, the requirements of paragraph 12(2)(c) of the new Act are
taken to have been met in relation to that charge.
(18) If the eligible application was made before 23 December
1999:
(a) the applicant is not liable to pay FSANZ a charge fixed under
section 66 of the new Act for a service in relation to the fresh
application; and
(b) the new Act has effect, in relation to the fresh application, as if
paragraph 12(2)(c) and subsections 15(2) and 16(4) had not been
enacted.
(19) If the eligible application was in a particular year of a 3 year plan,
the fresh application is taken to be in the same year of the plan.
(20) In this item:
ANZFA means the Australia New Zealand Food
Authority.
FSANZ means Food Standards Australia New Zealand.
new Act means the Food Standards Australia New Zealand Act
1991, as in force at or after the commencement of this item.
old Act means the Australia New Zealand Food Authority Act
1991, as in force before the commencement of this item.
old Council means the Australia New Zealand Food Standards
Council.
176 Transitional—proposals pending
immediately before this item commenced
(1) For the purposes of this item, a proposal for the development or
variation of a food regulatory measure is an eligible proposal
if:
(a) the proposal was prepared under section 21 of the old Act before
the commencement of this item; and
(b) the proposal was not abandoned before that commencement; and
(c) in a case where the proposal was for the development or variation of a
standard and a draft standard or draft variation was prepared as a result of the
proposal—ANZFA neither:
(i) made a recommendation to the old Council about the draft;
nor
(ii) made a decision about the draft under section 28A of the old
Act;
before that commencement; and
(d) in a case where the proposal was for the development or variation of a
code of practice and a draft code of practice or a draft variation was developed
as a result of the proposal—ANZFA neither:
(i) approved the draft; nor
(ii) rejected the draft;
before that commencement.
(2) The eligible proposal lapses at the commencement of this item and,
except as provided by this item, FSANZ is not to take any action under the new
Act after that commencement in relation to:
(a) the eligible proposal; or
(b) any draft prepared as a result of the eligible proposal.
(3) For the purposes of the new Act:
(a) FSANZ is taken to have prepared a proposal (the fresh
proposal) under section 12AA of that Act in the same terms as the
eligible proposal; and
(b) the fresh proposal is taken to have been prepared immediately after
the commencement of this item.
(4) If, before the commencement of this item, any submissions had been made
to ANZFA about the eligible proposal in response to a notice given under
section 22 of the old Act, those submissions have effect as if they had
been made to FSANZ about the fresh proposal in response to a notice given under
section 14A of the new Act.
(5) If notice is given under section 14A of the new Act in relation to
the fresh proposal, the notice must set out an explanation of the effect of
subitem (4).
(6) If ANZFA had:
(a) made a full assessment of the eligible proposal before the
commencement of this item; and
(b) prepared a draft food regulatory measure or a draft variation of a
food regulatory measure before the commencement of this item;
FSANZ is taken to have made a draft assessment of the fresh proposal if it
reviews the full assessment having regard to:
(c) any submissions made to it in response to a notice given under
section 14A of the new Act in relation to the fresh proposal, being
submissions that were not considered in making the full assessment;
and
(d) the matter set out in paragraph 10(2)(e) of the new Act.
(7) If, before the commencement of this item, any submissions had been made
to ANZFA in response to a notice given under section 24 of the old Act in
relation to the eligible proposal, those submissions have effect as if they had
been made to FSANZ in response to a notice given under section 17AA of the
new Act in relation to the fresh proposal.
(8) If notice is given under section 17AA of the new Act in relation
to the fresh proposal, the notice must set out an explanation of the effect of
subitem (7).
(9) If ANZFA held an inquiry in relation to the draft that resulted from
the eligible proposal before the commencement of this item, FSANZ is taken to
have made a final assessment of the fresh proposal if it reviews the inquiry
having regard to.
(a) any submissions made to it in response to a notice given under
section 17AA of the new Act in relation to the draft that resulted from the
fresh proposal, being submissions that were not considered in holding the
inquiry; and
(b) the matter set out in paragraph 10(2)(e) of the new Act.
(10) If the eligible proposal was in a particular year of a 3 year plan,
the fresh proposal is taken to be in the same year of the plan.
(11) In this item:
ANZFA means the Australia New Zealand Food
Authority.
FSANZ means Food Standards Australia New Zealand.
new Act means the Food Standards Australia New Zealand Act
1991, as in force at or after the commencement of this item.
old Act means the Australia New Zealand Food Authority Act
1991, as in force before the commencement of this item.
old Council means the Australia New Zealand Food Standards
Council.
177
Transitional—regulations
(1) The regulations may make provision for matters of a transitional nature
relating to the amendments made by this Part.
(2) The Governor-General may make regulations for the purposes of
subitem (1).
Part 2—Technical
correction to section 7
178 Subsection 7(2)
Omit “paragraph (1)(n)”, substitute
“paragraph (1)(o)”.
Part 3—Other
technical amendments
179 At the end of
section 3
Add:
(3) A reference in the definition of Australia New Zealand Food
Standards Code in subsection (1) to the amendment of the
standards in that code includes, and is taken always to have included, a
reference to an amendment by way of the insertion, revocation or
substitution of a standard in that code.
(4) A reference in this Act to the variation of a food
regulatory measure includes, and is taken always to have included, a reference
to the revocation of a food regulatory measure.
180 Paragraph 12B(2)(b)
Omit “15”, substitute “15A”.
181 Paragraph 15(3)(b)
After “objectives”, insert “and matters”.
182 Subparagraph
16(5)(b)(iii)
Omit “proposal” (wherever occurring), substitute
“draft”.
183 Paragraph 17(2)(d)
Omit “proposal” (wherever occurring), substitute
“draft”.
184 Paragraph 23(2)(b)
After “objectives”, insert “and matters”.
185 Paragraph 19(2)(e)
Omit “proposal” (wherever occurring), substitute
“draft”.
1 Subsection 2(4)
Omit “Public Service Act 1997”, substitute
“Public Service Act 1999”.
Agricultural and
Veterinary Chemicals Act 1994
1 Subsection 7(2)
Omit “Australia New Zealand Food Authority Act 1991”,
substitute “Food Standards Australia New Zealand Act
1991”.
2 Paragraph 138(5)(b)
Repeal the paragraph, substitute:
(b) the Food Standards Australia New Zealand Act 1991;
Imported Food Control Act
1992
3 Subsection 3(1) (definition of Australia
New Zealand Food Standards Code)
Repeal the definition, substitute:
Australia New Zealand Food Standards Code has the same
meaning as in the Food Standards Australia New Zealand Act
1991.
4 Subparagraph 3(3)(a)(i)
Repeal the subparagraph, substitute:
(i) made under the Food Standards Australia New Zealand Act 1991
after the commencement of Part 1 of Schedule 1 to the Australia New
Zealand Food Authority Amendment Act 2001; or
(ia) adopted by the Australia New Zealand Food Standards Council under
Australia New Zealand Food Authority Act 1991 before the commencement of
Part 1 of Schedule 1 to the Australia New Zealand Food Authority
Amendment Act 2001; or
5 Subparagraph 3(3)(a)(ii)
Omit “within the meaning of that Act”.
Industrial Chemicals
(Notification and Assessment) Act 1989
6 Subsection 7(2) (definition of food
additive)
After “under the”, insert “Australia New
Zealand”.
7 Subsection 7(2) (definition of food
additive)
Omit “Australia New Zealand Food Authority Act 1991”,
substitute “Food Standards Australia New Zealand Act
1991”.
8 Subsection 3(1) (paragraph (e) of the
definition of therapeutic goods)
Omit “Australia New Zealand Food Authority Act 1991”,
substitute “Food Standards Australia New Zealand Act
1991”.