FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991

Commonwealth Consolidated Acts

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FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991

TABLE OF PROVISIONS

PART 1--PRELIMINARY

1. Short title [see Note 1]
2. Commencement [see Note 1]
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

12. Establishment of Authority
13. Functions
14. Powers
15. Minister may give directions

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
19. Notices to be given to the Gene Technology Regulator

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 Council
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 Council

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 Council
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 Council

Subdivision H--Variations of the Maximum Residue Limits Standard

80. Application of Subdivision
81. Authority must prepare a proposal to vary the Maximum Residue Limits Standard and adopt the general procedure to consider it
82. Section 58 notice to be given within 10 business days
83. Authority to complete its consideration of the proposal within prescribed period

Division 3--Council may request a review of approved draft standard etc

84. Council may request a first review
85. Council may request a second review
86. Council may amend or reject draft after second review
87. Publication of standard or variation

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. Council may request Authority to review
103. Review requested
104. Authority to respond to request
105. Council may request second review
106. Council 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

113. Review of food regulatory measures
114. Confidential commercial information

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

135. Staff of Authority
136. Consultants
137. Arrangements with Commonwealth Departments etc.

PART 5--FINANCE

138. Money to be appropriated
139. Money of Authority
140. Taxation
141. Trust money

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
153. Regulations

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