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This is a Bill, not an Act. For current law, see the Acts databases.
1996
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Australia New
Zealand Food Authority Amendment Bill
1996
No. ,
1996
(Health and Family
Services)
A Bill for an Act to amend the
Australia New Zealand Food Authority Act 1991
9618320—1,000/28.11.1996—(183/96) Cat. No.
96 5560 3 ISBN 0644 483091
Contents
Australia New Zealand Food Authority Act
1991 6anzfah1.html
A Bill for an Act to amend the Australia New Zealand
Food Authority Act 1991
The Parliament of Australia enacts:
This Act may be cited as the Australia New Zealand Food Authority
Amendment Act 1996.
This Act commences on the day on which it receives the Royal
Assent.
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repealed as set out in the applicable items in the Schedule concerned, and any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.
Australia
New Zealand Food Authority Act 1991
1 At the end of subsection
12(2)
Add:
; and (d) 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.
2 At the end of section 13
Add:
(5) 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 Authority must, as soon as practicable after the prescribed time,
refund the charge mentioned in subparagraph 12(2)(d)(ii).
(6) 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 Authority must, as soon as practicable after the finalisation of the
application for review, refund the charge mentioned in subparagraph
12(2)(d)(ii).
3 At the end of subsection
15(1)
Add:
This subsection has effect subject to subsection (2A).
4 After subsection 15(2)
Insert:
(2A) The Authority must not make a full assessment of the application
unless the applicant tenders the sum of the following charges:
(a) the charge (if any) fixed under section 66 in relation to the making
of the full assessment of the application;
(b) the charge (if any) fixed under section 66 in relation to the giving
of notices under section 16 or 17 in relation to the application;
(c) the charge (if any) fixed under section 66 in relation to the
preparation under subsection (3) of a draft standard, or a draft variation of a
standard, in relation to the application.
5 At the end of section 15
Add:
(4) 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 Authority must, as soon as practicable after the prescribed time,
refund the charge mentioned in paragraph (2A)(c).
(5) 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 Authority must, as soon as practicable after the finalisation of the
application for review, refund the charge mentioned in paragraph
(2A)(c).
6 At the end of section 35
Add:
(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(2A) to tender an amount
before a full assessment of the application is made;
the period:
(c) beginning when notice is given to the applicant under paragraph
13(4)(a); and
(d) ending when the applicant tenders the amount referred to in subsection
15(2A);
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).
7 After paragraph 57(1)(ab)
Insert:
(ac) money paid to the Authority under section 66; and
Repeal the section, substitute:
(1) The regulations may fix charges for:
(a) services and facilities provided by the Authority; and
(b) any matter in relation to which expenses are incurred by the Authority
under this Act;
and specify the persons or bodies by whom, and the times when, the charges
are payable.
(2) A charge fixed under subsection (1) must be reasonably related to the
expenses incurred or to be incurred by the Authority in relation to the matters
to which the charge relates and 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 by whom charges are payable.
(5) The regulations may make provision for and in relation to the
remission or refund, in whole or in part, of charge under this section in
circumstances specified in the regulations.
(6) Regulations made for the purposes of subsection (5) may confer powers
on the Authority.
(7) Charge under this section may be recovered by the Authority as a debt
due to the Authority.