FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991
Table of Provisions
PART 1--PRELIMINARY
- 1 Short title
- 2 Commencement
- 3 Object of Act
- 4 Interpretation
- 5 Meaning of food
- 6 Declaration of what is food
- 7 How is public notice given?
- 8 When is an exclusive capturable commercial benefit conferred on an applicant?
- 9 Operation of Act
- 10 Act to bind Crown
- 11 Application of the Criminal Code
PART 2--THE--AUTHORITY
Division 1--Establishment, functions and powers of the Authority
Division 2--Food regulatory measures
- 16 Matters that may be included in standards and variations of standards
- 17 Codes of practice
- 18 Objectives of the Authority in developing or reviewing food regulatory measures and variations of food regulatory measures
Division 3--Forward planning
- 20 Authority to develop three year plan
PART 3--FOOD--REGULATORY MEASURES
Division 1--Applications for the development or variation of food regulatory measures
Subdivision A--Overview- 21 Steps in the consideration of an application Subdivision B--Applications
- 22 Applications
- 23 Application guidelines
- 24 Withdrawal of applications Subdivision C--Procedures for considering applications
- 25 Which procedure is appropriate? Subdivision D--General procedure
- 26 Accepting an application
- 27 Notice of acceptance
- 28 Public notice of the application
- 29 Assessing the application
- 30 Preparing a draft variation
- 31 Calling for submissions
- 32 Alternative steps to be followed
- 33 Approving the draft standard or draft variation
- 34 Notifying the Forum on Food Regulation
- 35 Alternative to steps set out in sections 33 and 34--approving the draft code of practice or draft variation Subdivision E--Modification of general procedure for minor variations
- 36 Application of Subdivision
- 37 Adopt the general procedure with the modifications set out in this Subdivision
- 38 Modification of step set out in section 29
- 39 Modification of step set out in section 30
- 40 Modification of step set out in section 31
- 41 Modification of steps set out in sections 32, 33, 34 and 35 Subdivision F--Modification of general procedure for developing new food regulatory measures and major variations
- 42 Application of Subdivision
- 43 Adopt the general procedure with the modifications set out in this Subdivision
- 44 Additional step after step set out in section 29
- 45 Matters to which Authority must have regard in making a decision under section 30 Subdivision G--Procedure for certain variations of the Nutrition, Health and Related Claims Standard
- 46 Application of Subdivision
- 47 Accepting the application
- 48 Notice of acceptance
- 49 Notice of the application to expert committee and Food Regulation Standing Committee
- 50 Considering the application
- 51 Calling for submissions
- 52 Approving the draft variation in relation to high level health claims
- 53 Notifying the Forum on Food Regulation
Division 2--Proposals for the development or variation of food regulatory measures
Subdivision A--Overview- 54 Steps in the consideration of a proposal Subdivision B--Proposals
- 55 Proposals
- 56 Abandonment of proposals Subdivision C--Procedures for considering proposals
- 57 Which procedure is appropriate? Subdivision D--General procedure
- 58 Public notice of a proposal
- 59 Assessing a proposal
- 60 Preparing a draft food regulatory measure or draft variation
- 61 Calling for submissions
- 62 Alternative steps to be followed
- 63 Approving the draft standard or draft variation
- 64 Notifying the Forum on Food Regulation
- 65 Alternative to steps set out in sections 63 and 64--approving the draft code of practice or draft variation Subdivision E--Modification of general procedure for minor variations
- 66 Application of Subdivision
- 67 Adopt the general procedure with the modifications set out in this Subdivision
- 68 Modification of step set out in section 61
- 69 Modification of steps set out in sections 62, 63, 64 and 65 Subdivision F--Modification of general procedure for developing new food regulatory measures and major variations
- 70 Application of Subdivision
- 71 Adopt the general procedure with the modifications set out in this Subdivision
- 72 Additional step after step set out in section 59
- 73 Matters to which Authority must have regard in making a decision under section 60 Subdivision G--Procedure for certain variations of the Nutrition, Health and Related Claims Standard
- 74 Application of Subdivision
- 75 Notice of the proposal
- 76 Considering the proposal
- 77 Calling for submissions
- 78 Approving the draft variation in relation to high level health claims
- 79 Notifying the Forum on Food Regulation
Division 2A--Variations by APVMA of the Maximum Residue Limits Standard
- 80 Application of Division
- 81 Authority to give notice of APVMA notification
- 82 APVMA may vary the Maximum Residue Limits Standard
- 83 No limit on the Authority's power to vary the Maximum Residue Limits Standard
Division 3--Forum on Food Regulation review of draft standards and draft variations of standards
- 84 Forum on Food Regulation may request a review
- 85 Review not requested
- 86 Review requested
- 87 Authority to respond to request
- 88 Forum on Food Regulation may amend or reject the draft after review
- 89 Forum on Food Regulation does not intend to amend or reject the draft
- 90 Forum on Food Regulation amends the draft
- 91 Forum on Food Regulation rejects the draft
- 92 Publication requirements
- 93 When a standard or variation takes effect
- 94 Standards and variations are legislative instruments
Division 4--Urgent applications and proposals
Subdivision A--Urgent consideration of applications and proposals- 95 Declaration of urgency
- 96 Preparation of draft standard or variation
- 97 Approval and publication of standard or variation Subdivision B--Assessing the resulting standard or variation
- 98 Application
- 99 Assessing the standard or variation
- 100 Calling for submissions
- 101 Re - affirm the standard or variation or propose changes
- 102 Forum on Food Regulation may request Authority to review
- 103 Review requested
- 104 Authority to respond to request
- 106 Forum on Food Regulation may revoke or amend standard or variation
Division 5--General rules for considering applications and proposals
- 107 General conduct in considering an application or proposal
- 108 Authority may require further information
- 109 Period within which consideration of applications for standards or variations must be completed
- 110 Rejecting an application or abandoning a proposal
- 111 Public hearings
- 112 Authority may rely on work or processes of other government agencies
Division 6--Other matters
PART 4--THE--BOARD, THE CHIEF EXECUTIVE OFFICER AND THE AUTHORITY'S STAFF
Division 1--The Board
- 115 Board
- 116 Constitution of Board
- 117 Appointment of members
- 118 Committees
- 119 Remuneration and allowances
- 120 Leave of absence of members
- 121 Acting appointments
- 122 Meetings
- 123 Conduct of meetings
- 124 Resolutions without formal meetings
- 125 Disclosure of interests
- 126 Resignation
- 127 Termination of appointment
Division 2--The Chief Executive Officer
- 128 Appointment
- 129 Duties
- 130 Delegation
- 131 Remuneration and allowances
- 132 Resignation
- 133 Other terms and conditions
- 134 Acting Chief Executive Officer
Division 3--Staff, consultants and assistance from other agencies
PART 5--FINANCE
PART 6--MISCELLANEOUS
- 142 Documents and samples become Commonwealth property
- 143 Review of decisions
- 144 Statement accompanying notification of decisions
- 145 Fees for services provided to New Zealand
- 146 Charges relating to the Authority's costs
- 147 Charge--late payment penalty
- 148 Charge--discount for early payment
- 149 Charge and late payment penalty--remissions and refunds
- 150 Delegation by Board
- 151 Exemption from suit
- 152 Annual report
- 152A Corporate plans
- 153 Regulations