Commonwealth Consolidated Acts Commonwealth Consolidated ActsAct No. 118 of 1991 as amended
This compilation was prepared on 28 December 2008
taking into account amendments up to Act No. 98 of 2007
The
text of any of those amendments not in force
on that date is appended in the Notes section
The operation of amendments that have been incorporated may be affected by application provisions that are set out in the Notes section
Prepared by the Office of
Legislative Drafting and Publishing
,
Attorney‑General's Department,
Canberra
Contents
Part 1--Preliminary 1
1............ Short title [see Note 1] ....................................................................... 1
2............ Commencement [see Note 1] .............................................................. 1
3............ Object of Act ...................................................................................... 1
4............ Interpretation ...................................................................................... 2
5............ Meaning of food .................................................................................. 7
6............ Declaration of what is food ................................................................ 7
7............ How is public notice given? ................................................................ 8
8............ When is an exclusive capturable commercial benefit conferred on an applicant? 8
9............ Operation of Act ................................................................................ 8
10.......... Act to bind Crown .............................................................................. 9
11.......... Application of the Criminal Code ...................................................... 9
Part 2--The Authority 10
Division 1--Establishment, functions and powers of the Authority 10
12.......... Establishment of Authority .............................................................. 10
13.......... Functions .......................................................................................... 10
14.......... Powers .............................................................................................. 12
15.......... Minister may give directions ............................................................ 13
Division 2--Food regulatory measures 14
16.......... Matters that may be included in standards and variations of standards 14
17.......... Codes of practice .............................................................................. 16
18.......... Objectives of the Authority in developing or reviewing food regulatory measures and variations of food regulatory measures ........................................................................................... 16
19.......... Notices to be given to the Gene Technology Regulator ................... 17
Division 3--Forward planning 18
20.......... Authority to develop three year plan ............................................... 18
Part 3--Food regulatory measures 19
Division 1--Applications for the development or variation of food regulatory measures 19
Subdivision A--Overview 19
21.......... Steps in the consideration of an application ..................................... 19
Subdivision B--Applications 20
22.......... Applications ..................................................................................... 20
23.......... Application guidelines ...................................................................... 21
24.......... Withdrawal of applications .............................................................. 22
Subdivision C--Procedures for considering applications 22
25.......... Which procedure is appropriate? ..................................................... 22
Subdivision D--General procedure 23
26.......... Accepting an application .................................................................. 23
27.......... Notice of acceptance ......................................................................... 24
28.......... Public notice of the application ........................................................ 24
29.......... Assessing the application ................................................................. 26
30.......... Preparing a draft variation ................................................................ 26
31.......... Calling for submissions ..................................................................... 27
32.......... Alternative steps to be followed ...................................................... 27
33.......... Approving the draft standard or draft variation ............................... 27
34.......... Notifying the Council ....................................................................... 28
35.......... Alternative to steps set out in sections 33 and 34--approving the draft code of practice or draft variation 29
Subdivision E--Modification of general procedure for minor variations 30
36.......... Application of Subdivision ............................................................... 30
37.......... Adopt the general procedure with the modifications set out in this Subdivision 30
38.......... Modification of step set out in section 29 ....................................... 30
39.......... Modification of step set out in section 30 ....................................... 31
40.......... Modification of step set out in section 31 ....................................... 31
41.......... Modification of steps set out in sections 32, 33, 34 and 35 ............ 31
Subdivision F--Modification of general procedure for developing new food regulatory measures and major variations 33
42.......... Application of Subdivision ............................................................... 33
43.......... Adopt the general procedure with the modifications set out in this Subdivision 33
44.......... Additional step after step set out in section 29 ............................... 33
45.......... Matters to which Authority must have regard in making a decision under section 30 34
Subdivision G--Procedure for certain variations of the Nutrition, Health and Related Claims Standard 34
46.......... Application of Subdivision ............................................................... 34
47.......... Accepting the application ................................................................. 34
48.......... Notice of acceptance ......................................................................... 35
49.......... Notice of the application to expert committee and Food Regulation Standing Committee 36
50.......... Considering the application .............................................................. 37
51.......... Calling for submissions ..................................................................... 38
52.......... Approving the draft variation in relation to high level health claims 39
53.......... Notifying the Council ....................................................................... 39
Division 2--Proposals for the development or variation of food regulatory measures 41
Subdivision A--Overview 41
54.......... Steps in the consideration of a proposal .......................................... 41
Subdivision B--Proposals 42
55.......... Proposals .......................................................................................... 42
56.......... Abandonment of proposals .............................................................. 42
Subdivision C--Procedures for considering proposals 43
57.......... Which procedure is appropriate? ..................................................... 43
Subdivision D--General procedure 43
58.......... Public notice of a proposal ............................................................... 43
59.......... Assessing a proposal ........................................................................ 44
60.......... Preparing a draft food regulatory measure or draft variation ............ 44
61.......... Calling for submissions ..................................................................... 44
62.......... Alternative steps to be followed ...................................................... 45
63.......... Approving the draft standard or draft variation ............................... 45
64.......... Notifying the Council ....................................................................... 46
65.......... Alternative to steps set out in sections 63 and 64--approving the draft code of practice or draft variation 47
Subdivision E--Modification of general procedure for minor variations 48
66.......... Application of Subdivision ............................................................... 48
67.......... Adopt the general procedure with the modifications set out in this Subdivision 48
68.......... Modification of step set out in section 61 ....................................... 48
69.......... Modification of steps set out in sections 62, 63, 64 and 65 ............ 49
Subdivision F--Modification of general procedure for developing new food regulatory measures and major variations 50
70.......... Application of Subdivision ............................................................... 50
71.......... Adopt the general procedure with the modifications set out in this Subdivision 51
72.......... Additional step after step set out in section 59 ............................... 51
73.......... Matters to which Authority must have regard in making a decision under section 60 51
Subdivision G--Procedure for certain variations of the Nutrition, Health and Related Claims Standard 51
74.......... Application of Subdivision ............................................................... 51
75.......... Notice of the proposal ...................................................................... 52
76.......... Considering the proposal .................................................................. 52
77.......... Calling for submissions ..................................................................... 53
78.......... Approving the draft variation in relation to high level health claims 53
79.......... Notifying the Council ....................................................................... 54
Subdivision H--Variations of the Maximum Residue Limits Standard 54
80.......... Application of Subdivision ............................................................... 54
81.......... Authority must prepare a proposal to vary the Maximum Residue Limits Standard and adopt the general procedure to consider it ......................................................................................... 55
82.......... Section 58 notice to be given within 10 business days ..................... 55
83.......... Authority to complete its consideration of the proposal within prescribed period 55
Division 3--Council may request a review of approved draft standard etc. 56
84.......... Council may request a first review ................................................... 56
85.......... Council may request a second review ............................................... 57
86.......... Council may amend or reject draft after second review .................... 58
87.......... Publication of standard or variation .................................................. 59
Division 4--Urgent applications and proposals 63
Subdivision A--Urgent consideration of applications and proposals 63
95.......... Declaration of urgency ...................................................................... 63
96.......... Preparation of draft standard or variation ........................................ 64
97.......... Approval and publication of standard or variation .......................... 65
Subdivision B--Assessing the resulting standard or variation 66
98.......... Application ....................................................................................... 66
99.......... Assessing the standard or variation .................................................. 66
100........ Calling for submissions ..................................................................... 67
101........ Re‑affirm the standard or variation or propose changes ................... 67
102........ Council may request Authority to review ........................................ 68
103........ Review requested .............................................................................. 69
104........ Authority to respond to request ...................................................... 69
105........ Council may request second review ................................................. 70
106........ Council may revoke or amend standard or variation ........................ 70
Division 5--General rules for considering applications and proposals 72
107........ General conduct in considering an application or proposal .............. 72
108........ Authority may require further information ...................................... 72
109........ Period within which consideration of applications for standards or variations must be completed 73
110........ Rejecting an application or abandoning a proposal .......................... 75
111........ Public hearings .................................................................................. 77
112........ Authority may rely on work or processes of other government agencies 77
Division 6--Other matters 79
113........ Review of food regulatory measures ................................................ 79
114........ Confidential commercial information ................................................ 79
Part 4--The Board, the Chief Executive Officer and the Authority's staff 83
Division 1--The Board 83
115........ Board ................................................................................................ 83
116........ Constitution of Board ....................................................................... 83
117........ Appointment of members ................................................................ 87
118........ Committees ....................................................................................... 88
119........ Remuneration and allowances ........................................................... 89
120........ Leave of absence of members ........................................................... 90
121........ Acting appointments ........................................................................ 90
122........ Meetings ........................................................................................... 91
123........ Conduct of meetings ......................................................................... 91
124........ Resolutions without formal meetings ............................................... 92
125........ Disclosure of interests ...................................................................... 92
126........ Resignation ....................................................................................... 92
127........ Termination of appointment ............................................................ 92
Division 2--The Chief Executive Officer 94
128........ Appointment .................................................................................... 94
129........ Duties ............................................................................................... 94
130........ Delegation ......................................................................................... 95
131........ Remuneration and allowances ........................................................... 95
132........ Resignation ....................................................................................... 95
133........ Other terms and conditions .............................................................. 95
134........ Acting Chief Executive Officer ......................................................... 96
Division 3--Staff, consultants and assistance from other agencies 97
135........ Staff of Authority ............................................................................. 97
136........ Consultants ....................................................................................... 97
137........ Arrangements with Commonwealth Departments etc. .................... 97
Part 5--Finance 99
138........ Money to be appropriated ............................................................... 99
139........ Money of Authority ........................................................................ 99
140........ Taxation ............................................................................................ 99
141........ Trust money ................................................................................... 100
Part 6--Miscellaneous 101
142........ Documents and samples become Commonwealth property .......... 101
143........ Review of decisions ........................................................................ 101
144........ Statement accompanying notification of decisions ......................... 102
145........ Fees for services provided to New Zealand ................................... 103
146........ Charges relating to the Authority's costs ....................................... 103
147........ Charge--late payment penalty ....................................................... 104
148........ Charge--discount for early payment ............................................. 104
149........ Charge and late payment penalty--remissions and refunds .......... 104
150........ Delegation by Board ....................................................................... 104
151........ Exemption from suit ....................................................................... 106
152........ Annual report ................................................................................. 106
153........ Regulations ..................................................................................... 108
Notes 109
An Act establishing a body to be known as Food Standards Australia New Zealand with functions relating to the development of food regulatory measures, and for related purposes
Notes to
the
Food Standards Australia New Zealand Act
1991 Note 1 The Food Standards Australia New
Zealand Act 1991 as shown in this compilation comprises Act No. 118,
1991 amended as indicated in the Tables below. The Food Standards Australia New
Zealand Act 1991 was modified by the National Food Authority
Regulations 1994 (1994 No. 286 as amended). The modifications made by
the Regulations are not incorporated in this compilation. For all relevant information pertaining to application, saving
or transitional provisions see Table A. Table of Acts
|
Act |
Number |
Date |
Date of commencement |
Application, saving or transitional provisions |
|
118, 1991 |
27 June 1991 |
19 Aug 1991 (see Gazette 1991, No. S219) |
|
|
|
Health and Community Services Legislation Amendment Act 1991 |
211, 1991 |
24 Dec 1991 |
Ss. 10 and 11: 29 Apr 1992 |
-- |
|
152, 1995 |
16 Dec 1995 |
Schedules 1 and 2: 1 July 1996 (see
Gazette 1996, No. S230) |
-- |
|
|
152, 1997 |
24 Oct 1997 |
Schedule 2 (items 191-200): 1 Jan 1998 (see Gazette 1997, No. GN49) (a) |
-- |
|
|
Australia New Zealand Food Authority Amendment Act (No. 2) 1997 |
201, 1997 |
16 Dec 1997 |
Schedule 1 (items 1, 25, 27-40, 42, 43, 46,
48, 49): 6 Feb 1998 (see Gazette 1998, No. S50) |
Sch. 1 (items 48, 49) |
|
as amended by |
|
|
|
|
|
81, 2001 |
10 July 2001 |
(see 81, 2001 below) |
-- |
|
|
Public Employment (Consequential and Transitional) Amendment Act 1999 |
146, 1999 |
11 Nov 1999 |
Schedule 1 (items 164-169): 5 Dec 1999 (see Gazette 1999, No. S584) (c) |
-- |
|
156. 1999 |
24 Nov 1999 |
Schedule 10 (item 17): 13 Mar 2000 (see Gazette 2000, No. S114) (d) |
-- |
|
|
200, 1999 |
23 Dec 1999 |
Schedule 1 (item 13): 30 July 1998 |
Sch. 1 (items |
|
|
170, 2000 |
21 Dec 2000 |
22 June 2001 (see s. 2) |
-- |
|
|
81, 2001 |
10 July 2001 |
Schedule 1 (items 1-120, 121-177) and
Schedule 3: 1 July 2002 (see Gazette 2002, No. GN30) |
S. 2(6) and Sch. 1 (items 33, 120A, 124, 133, 147,
153, 155, 156,163, 168, |
|
|
as amended by |
|
|
|
|
|
63, 2002 |
3 July 2002 |
Schedule 2 (item 2): (ea) |
-- |
|
|
Health and Aged Care Legislation Amendment (Application of Criminal Code) Act 2001 |
111, 2001 |
17 Sept 2001 |
17 Sept 2001 |
S. 4 |
|
National Health and Medical Research Council Amendment Act 2006 |
50, 2006 |
9 June 2006 |
Schedule 1: 1 July 2006 |
-- |
|
8, 2007 |
15 Mar 2007 |
Schedule 1 (item 13): (f) |
-- |
|
|
98, 2007 |
28 June 2007 |
Schedule 1 (items 1-63): 1 July 2007 (see F2007L01822) |
Sch. 1 (items 77, 78) |
(a) The Food Standards Australia New Zealand Act 1991 was amended by Schedule 2 (items 191-200) only of the Audit (Transitional and Miscellaneous) Amendment Act 1997, subsection 2(2) of which provides as follows:
(2) Schedules 1, 2 and 4 commence on the same day as the Financial Management and Accountability Act 1997.
(b) Subsection 2(4) of the Australia New Zealand Food Authority Amendment Act (No. 2) 1997 provides as follows:
(4) Item 41 of Schedule 1 commences immediately after the commencement of the Public Service Act 1999, if that Act commences after this Act receives the Royal Assent. If that Act commences before this Act receives the Royal Assent, item 41 does not commence.
The Public Service Act 1999 came into operation on 5 December 1999 (see Gazette 1999, No. S584).
(c) The Food Standards Australia New Zealand Act 1991 was amended by Schedule 1 (items 164-169) only of the Public Employment (Consequential and Transitional) Amendment Act 1999, subsections 2(1) and (2) of which provide as follows:
(1) In this Act, commencing time means the time when the Public Service Act 1999 commences.
(2) Subject to this section, this Act commences at the commencing time.
(d) The Food Standards Australia New Zealand Act 1991 was amended by Schedule 10 (item 17) only of the Corporate Law Economic Reform Program Act 1999, subsection 2(2)(c) of which provides as follows:
(2) The following provisions commence on a day or days to be fixed by Proclamation:
(c) the items in Schedules 10, 11 and 12.
(e) Subsections 2(3) and (4) of the Australia New Zealand Food Authority Amendment Act 2001 provide as follows:
(2) Part 1 of Schedule 1 (other than item 120A), 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.
(ea) The Australia New Zealand Food Authority Amendment Act 2001 was amended by Schedule 2 (item 2) only of the Statute Law Revision Act 2002, subsection 2(1) (item 31) of which provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.
|
Commencement information |
||
|
Column 1 |
Column 2 |
Column 3 |
|
Provision(s) |
Commencement |
Date/Details |
|
31. Schedule 2, item 2 |
Immediately after the time specified in the Australia New Zealand Food Authority Amendment Act 2001 for the commencement of item 185 of Schedule 1 to that Act |
10 July 2001 |
(f) Subsection 2(1) (item 10) of the Statute Law Revision Act 2007 provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
|
Provision(s) |
Commencement |
Date/Details |
|
10. Schedule 1, item 13 |
Immediately after the commencement of item 37 of Schedule 1 to the Australia New Zealand Food Authority Amendment Act 2001 . |
1 July 2002 |
(g) Subsection 2(1) (items 2-6, 8 and 9) of the Food Standards Australia New Zealand Amendment Act 2007 provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
|
Provision(s) |
Commencement |
Date/Details |
|
2. Schedule 1, Parts 1 and 2 |
A single day to be fixed by Proclamation. However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period. |
1 July 2007 (see F2007L01822) |
|
3. Schedule 1, items 64 to 67 |
Immediately after the commencement of the provision(s) covered by table item 2. |
1 July 2007 |
|
4. Schedule 1, items 68 to 70 |
Immediately after the commencement of the provisions covered by table item 3. |
1 July 2007 |
|
5. Schedule 1, item 71 |
Immediately after the commencement of the provision(s) covered by table item 4. |
1 July 2007 |
|
6. Schedule 1, Parts 4 and 5 |
Immediately after the commencement of the provision(s) covered by table item 5. |
1 July 2007 |
|
8. Schedule 3, Part 1 |
The day on which an amendment of 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, enters into force to reduce from two to one the number of occasions on which the Council may request the Authority to review a draft standard or a draft variation of a standard. However, if no such amendment of the Agreement is made, the provision(s) do not commence at all. |
[see Note 2] |
|
9. Schedule 3, Part 2 |
Immediately after the commencement of Part 1 of Schedule 3. However, if Part 1 of Schedule 3 does not commence before Schedule 2, the provision(s) do not commence at all. |
Does not commence |
The amendment history of the Food Standards Australia New Zealand Act 1991 appears in the Table below. For repealed provisions up to and including Act No. 98, 2007 see the Repeal Table.
Table of Amendments
|
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
|
|
Provision affected |
How affected |
|
Title...................................... |
am. No. 152, 1995; No. 200, 1999; No. 81, 2001 |
|
Part 1 |
|
|
S. 1...................................... |
am. No. 152, 1995; No. 81, 2001 |
|
ad. No. 200, 1999 |
|
|
|
am. No. 81, 2001 |
|
am. No. 152, 1995; No. 201, 1997; No. 200, 1999; No. 170, 2000; No. 81, 2001; No. 50, 2006; No. 98, 2007 |
|
|
ad. No. 200, 1999 |
|
|
|
am. No. 98, 2007 |
|
ad. No. 98, 2007 |
|
|
ad. No. 111, 2001 |
|
|
Part 2 |
|
|
Heading to Part 2................. |
rs. No. 81, 2001; No. 98, 2007 |
|
Division 1 |
|
|
Heading to Div. 1 of Part 2.. |
ad. No. 98, 2007 |
|
am. No. 152, 1995; No. 81, 2001 |
|
|
Note to s. 12(2)................... |
ad. No. 152, 1997 |
|
am. No. 152, 1995; No. 201, 1997; No. 200, 1999; No. 81, 2001; No. 98, 2007 |
|
|
am. No. 201, 1997; No. 200, 1999 |
|
|
am. No. 152, 1997; No. 98, 2007 |
|
|
Division 2 |
|
|
Heading to Div. 2 of Part 2.. |
ad. No. 98, 2007 |
|
am. No. 200, 1999; No. 81, 2001 |
|
|
Note to s. 16(3)................... |
am. No. 98, 2007 |
|
ad. No. 200, 1999 |
|
|
Heading to s. 18.................. |
am. No. 81, 2001 |
|
am. No. 152, 1995 |
|
|
|
rs. No. 200, 1999 |
|
|
am. No. 81, 2001; Nos. 8 and 98, 2007 |
|
ad. No. 170, 2000 |
|
|
Division 3 |
|
|
Heading to Div. 3 of Part 2.. |
ad. No. 98, 2007 |
|
ad. No. 200, 1999 |
|
|
|
am. No. 98, 2007 |
|
Part 3 |
|
|
Heading to Part 3................. |
rs. No. 200, 1999 |
|
Division 1 |
|
|
Div. 1 of Part 3.................... |
ad. No. 81, 2001 |
|
|
rs. No. 98, 2007 |
|
Subdivision A |
|
|
Heading to s. 21.................. |
am. No. 200, 1999 |
|
|
rs. No. 81, 2001; No. 98, 2007 |
|
am. No. 200, 1999 |
|
|
|
rs. No. 81, 2001; No. 98, 2007 |
|
Subdivision B |
|
|
am. No. 152, 1995 |
|
|
|
rs. No. 200, 1999; No. 81, 2001; No. 98, 2007 |
|
am. No. 200, 1999; No. 81, 2001 |
|
|
|
rs. No. 81, 2001; No. 98, 2007 |
|
am. No. 152, 1995 |
|
|
|
rs. No. 200, 1999; No. 81, 2001; No. 98, 2007 |
|
|
am. No. 98, 2007 |
|
Subdivision C |
|
|
am. No. 152, 1995; No. 201, 1997 |
|
|
|
rs. No. 200, 1999; No. 81, 2001; No. 98, 2007 |
|
|
am. No. 98, 2007 |
|
Subdivision D |
|
|
Heading to s. 26.................. |
am. No. 200, 1999 |
|
|
rs. No. 81, 2001; No. 98, 2007 |
|
am. No. 200, 1999 |
|
|
|
rs. No. 81, 2001; No. 98, 2007 |
|
am. No. 152, 1995 |
|
|
|
rs. No. 200, 1999; No. 81, 2001; No. 98, 2007 |
|
Heading to s. 28.................. |
am. No. 200, 1999 |
|
|
rs. No. 81, 2001; No. 98, 2007 |
|
am. No. 201, 1997 |
|
|
|
rs. No. 81, 2001; No. 98, 2007 |
|
Heading to s. 29.................. |
am. No. 81, 2001 |
|
|
rs. No. 98, 2007 |
|
am. No. 81, 2001 |
|
|
|
rs. No. 98, 2007 |
|
Heading to s. 30.................. |
am. No. 81, 2001 |
|
|
rs. No. 98, 2007 |
|
am. No. 81, 2001 |
|
|
|
rs. No. 98, 2007 |
|
rep. No. 81, 2001 |
|
|
|
ad. No. 98, 2007 |
|
Heading to s. 32.................. |
rs. No. 152, 1995 |
|
|
rep. No. 81, 2001 |
|
|
ad. No. 98, 2007 |
|
am. No. 152, 1995; No. 201, 1997; No. 200, 1999 |
|
|
|
rep. No. 81, 2001 |
|
|
ad. No. 98, 2007 |
|
Heading to s. 33.................. |
am. No. 200, 1999 |
|
|
rs. No. 98, 2007 |
|
am. No. 200, 1999; No. 81, 2001 |
|
|
|
rs. No. 98, 2007 |
|
am. No. 201, 1997; No. 200, 1999; No. 81, 2001 |
|
|
|
rs. No. 98, 2007 |
|
Heading to s. 35.................. |
am. No. 81, 2001 |
|
|
rs. No. 98, 2007 |
|
am. No. 201, 1997; No. 200, 1999; No. 81, 2001 |
|
|
|
rs. No. 98, 2007 |
|
Subdivision E |
|
|
am. No. 152, 1995; No. 201, 1997; No. 200, 1999; No. 81, 2001 |
|
|
|
rs. No. 98, 2007 |
|
am. No. 200, 1999 |
|
|
|
rep. No. 81, 2001 |
|
|
rs. No. 98, 2007 |
|
Heading to s. 38.................. |
rs. No. 152, 1995; No. 98, 2007 |
|
am. No. 152, 1995; No. 146, 1999 |
|
|
|
rs. No. 98, 2007 |
|
ad. No. 98, 2007 |
|
|
Subdivision F |
|
|
ad. No. 98, 2007 |
|
|
Subdivision G |
|
|
ad. No. 98, 2007 |
|
|
Division 2 |
|
|
Heading to Div. 1 of Part 3.. |
rs. No. 200,
1999 |
|
Heading to Div. 2 of Part 3.. |
rs. No. 98, 2007 |
|
Div. 2 of Part 3 ................... |
rs. No. 98, 2007 |
|
Subdivision A |
|
|
ad. No. 98, 2007 |
|
|
Subdivision B |
|
|
ad. No. 98, 2007 |
|
|
ad. No. 98, 2007 |
|
|
|
am. No. 98, 2007 |
|
Subdivision C |
|
|
ad. No. 98, 2007 |
|
|
|
am. No. 98, 2007 |
|
Subdivision D |
|
|
ad. No. 98, 2007 |
|
|
Subdivision E |
|
|
ad. No. 98, 2007 |
|
|
Subdivision F |
|
|
ad. No. 98, 2007 |
|
|
Subdivision G |
|
|
ad. No. 98, 2007 |
|
|
Subdivision H |
|
|
ad. No. 98, 2007 |
|
|
Division 3 |
|
|
Div. 3 of Part 3 ................... |
ad. No. 81, 2001 |
|
|
rs. No. 98, 2007 |
|
ad. No. 98, 2007 |
|
|
|
am. No. 98, 2007 |
|
ad. No. 98, 2007 |
|
|
Division 4 |
|
|
Div. 4 of Part 3 ................... |
ad. No. 81, 2001 |
|
|
rs. No. 98, 2007 |
|
Subdivision A |
|
|
ad. No. 98, 2007 |
|
|
|
am. No. 98, 2007 |
|
ad. No. 98, 2007 |
|
|
Subdivision B |
|
|
ad. No. 98, 2007 |
|
|
Division 5 |
|
|
Heading to Div. 6 of Part 3.. |
rep. No. 98, 2007 |
|
Heading to Div. 5 of Part 3.. |
ad. No. 98, 2007 |
|
ad. No. 98, 2007 |
|
|
ad. No. 98, 2007 |
|
|
|
am. No. 98, 2007 |
|
Division 6 |
|
|
Heading to Div. 3 of Part 3 |
|
|
Heading to Div. 6 of Part 3.. |
rs. No. 98, 2007 |
|
ad. No. 98, 2007 |
|
|
am. No. 152, 1995; No. 201, 1997; Nos. 146 and 200, 1999; No. 81, 2001; No. 98, 2007 |
|
|
Part 4 |
|
|
Heading to Part 4................. |
rs. No. 201, 1997; No. 81, 2001 |
|
Division 1 |
|
|
Heading to Div. 1 of Part 4.. |
ad. No. 201, 1997 |
|
|
rs. No. 81, 2001 |
|
ad. No. 81, 2001 |
|
|
Heading to s. 116................ |
am. No. 81, 2001 |
|
am. No. 152, 1995; No. 201, 1997; No. 81, 2001; No. 50, 2006; No. 98, 2007 |
|
|
am. No. 81, 2001 |
|
|
Heading to s. 118................ |
am. No. 81, 2001 |
|
am. No. 81, 2001; No. 98, 2007 |
|
|
am. No. 152, 1995; No. 81, 2001 |
|
|
am. No. 81, 2001 |
|
|
am. No. 81, 2001; No. 98, 2007 |
|
|
am. No. 152, 1997; No. 81, 2001; No. 98, 2007 |
|
|
am. No. 152, 1997; Nos. 156 and 200, 1999; No. 81, 2001; No. 98, 2007 |
|
|
Division 2 |
|
|
Div. 2 of Part 4.................... |
ad. No. 201, 1997 |
|
ad. No. 201, 1997 |
|
|
|
am. No. 81, 2001 |
|
ad. No. 201, 1997 |
|
|
|
am. No. 81, 2001; No. 98, 2007 |
|
ad. No. 201, 1997 |
|
|
ad. No. 201, 1997 |
|
|
|
am. No. 81, 2001 |
|
Division 3 |
|
|
Heading to Div. 3 of Part 4.. |
ad. No. 201, 1997 |
|
|
rs. No. 98, 2007 |
|
am. No. 201, 1997; No. 146, 1999 |
|
|
am. No. 201, 1997 |
|
|
ad. No. 98, 2007 |
|
|
Part 5 |
|
|
am. No. 152, 1995; No. 152, 1997; No. 200, 1999; No. 98, 2007 |
|
|
am. No. 152, 1997 |
|
|
Part 6 |
|
|
am. No. 201, 1997; No. 81, 2001; No. 98, 2007 |
|
|
am. No. 201, 1997; No. 200, 1999; No. 81, 2001; No. 98, 2007 |
|
|
am. No. 152, 1995; No. 200, 1999; No. 98, 2007 |
|
|
ad. No. 152, 1995 |
|
|
|
am. No. 201, 1997; No. 81, 2001 |
|
Heading to s. 146................ |
rs. No. 152, 1995 |
|
am. No. 152, 1995 |
|
|
|
rs. No. 200, 1999 |
|
|
am. No. 81, 2001; No. 98, 2007 |
|
ad. No. 200, 1999 |
|
|
|
am. No. 98, 2007 |
|
rs. No. 81, 2001 |
|
|
|
am. No. 98, 2007 |
|
am. No. 201, 1997; No. 200, 1999; No. 81, 2001; No. 98, 2007 |
|
|
am. No. 152, 1997; No. 200, 1999; No. 81, 2001 |
|
|
|
rs. No. 98, 2007 |
|
|
am. No. 98, 2007 |
Certain provisions of the Food Standards Australia New Zealand Act 1991, as amended, were repealed either prior to renumbering by the Food Standards Australia New Zealand Amendment Act 2007 (No. 98, 2007) or by that Act. The amendment history of the repealed provisions appears in the Table below.
Repeal Table
|
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
|
|
Provision affected |
How affected |
|
S. 11A (second occurring). |
ad. No. 81, 2001 |
|
|
rep. No. 98, 2007 |
|
S. 11B................................ |
ad. No. 81, 2001 |
|
|
rep. No. 98, 2007 |
|
Heading to s. 12.................. |
am. No. 200, 1999 |
|
|
rep. No. 98, 2007 |
|
am. No. 201, 1997; No. 200, 1999; No. 81, 2001 |
|
|
|
rep. No. 98, 2007 |
|
Note to s. 12(2)................... |
ad. No. 201, 1997 |
|
|
am. No. 200, 1999 |
|
|
rep. No. 98, 2007 |
|
S. 12AA.............................. |
ad. No. 81, 2001 |
|
|
rep. No. 98, 2007 |
|
S. 12A................................. |
ad. No. 201, 1997 |
|
|
rs. No. 200, 1999 |
|
|
am. No. 81, 2001 |
|
|
rep. No. 98, 2007 |
|
S. 12B................................. |
ad. No. 200, 1999 |
|
|
am. No. 81, 2001 |
|
|
rep. No. 98, 2007 |
|
Heading to s. 13.................. |
am. No. 81, 2001 |
|
|
rep. No. 98, 2007 |
|
am. No. 201, 1997 |
|
|
|
rs. No. 200, 1999 |
|
|
am. No. 81, 2001 |
|
|
rep. No. 98, 2007 |
|
Heading to s. 13A............... |
am. No. 81, 2001 |
|
|
rep. No. 98, 2007 |
|
S. 13A................................. |
ad. No. 200, 1999 |
|
|
am. No. 81, 2001 |
|
|
rep. No. 98, 2007 |
|
Heading to s. 14.................. |
am. No. 81, 2001 |
|
|
rep. No. 98, 2007 |
|
am. No. 152, 1995 |
|
|
|
rs. No. 200, 1999 |
|
|
am. No. 81, 2001 |
|
|
rep. No. 98, 2007 |
|
S. 14A................................. |
ad. No. 81, 2001 |
|
|
rep. No. 98, 2007 |
|
Heading to s. 15.................. |
am. No. 81, 2001 |
|
|
rep. No. 98, 2007 |
|
rs. No. 200, 1999 |
|
|
|
am. No. 81, 2001 |
|
|
rep. No. 98, 2007 |
|
S. 15AA.............................. |
ad. No. 81, 2001 |
|
|
rep. No. 98, 2007 |
|
Heading to s. 15A............... |
am. No. 81, 2001 |
|
|
rep. No. 98, 2007 |
|
S. 15A................................. |
ad. No. 200, 1999 |
|
|
am. No. 81, 2001 |
|
|
rep. No. 98, 2007 |
|
S. 15B................................. |
ad. No. 81, 2001 |
|
|
rep. No. 98, 2007 |
|
Heading to s. 16.................. |
am. No. 81, 2001 |
|
|
rep. No. 98, 2007 |
|
am. No. 152, 1995 |
|
|
|
rs. No. 200, 1999 |
|
|
am. No. 81, 2001 |
|
|
rep. No. 98, 2007 |
|
Heading to s. 17.................. |
am. No. 81, 2001 |
|
|
rep. No. 98, 2007 |
|
am. No. 152, 1995; No. 201, 1997 |
|
|
|
rs. No. 200, 1999 |
|
|
am. No. 81, 2001 |
|
|
rep. No. 98, 2007 |
|
S. 17AA.............................. |
ad. No. 81, 2001 |
|
|
rep. No. 98, 2007 |
|
S. 17A................................. |
ad. No. 200, 1999 |
|
|
rep. No. 98, 2007 |
|
S. 17AB............................... |
ad. No. 81, 2001 |
|
|
rep. No. 98, 2007 |
|
S. 17B................................. |
ad. No. 200, 1999 |
|
|
am. No. 81, 2001 |
|
|
rep. No. 98, 2007 |
|
Heading to s. 18.................. |
am. No. 200, 1999 |
|
|
rs. No. 81, 2001 |
|
|
rep. No. 98, 2007 |
|
am. No. 200, 1999 |
|
|
|
rs. No. 81, 2001 |
|
|
rep. No. 98, 2007 |
|
Heading to s. 19.................. |
am. No. 81, 2001 |
|
|
rep. No. 98, 2007 |
|
am. No. 152, 1995 |
|
|
|
rs. No. 200, 1999 |
|
|
am. No. 81, 2001 (as am. by No. 63, 2002) |
|
|
rep. No. 98, 2007 |
|
Heading to s. 20.................. |
am. No. 200, 1999 |
|
|
rs. No. 81, 2001 |
|
|
rep. No. 98, 2007 |
|
am. No. 201, 1997 |
|
|
|
rs. No. 81, 2001 |
|
|
rep. No. 98, 2007 |
|
Div. 1A of Part 3 ................. |
ad. No. 200, 1999 |
|
|
rep. No. 81, 2001 |
|
Ss. 20A-20D....................... |
ad. No. 200, 1999 |
|
|
rep. No. 81, 2001 |
|
Heading to Div. 2 of Part 3.. |
rs. No. 200, 1999 |
|
|
rep. No. 81, 2001 |
|
Div. 2 of Part 3 ................... |
rep. No. 81, 2001 |
|
S. 23A................................. |
ad. No. 81, 2001 |
|
|
rep. No. 98, 2007 |
|
Div. 5 of Part 3 ................... |
ad. No. 81, 2001 |
|
|
rep. No. 98, 2007 |
|
S. 25A................................. |
ad. No. 200, 1999 |
|
|
rep. No. 81, 2001 |
|
Div. 2A of Part 3 ................. |
ad. No. 200, 1999 |
|
|
rep. No. 81, 2001 |
|
Ss. 28A-28D....................... |
ad. No. 200, 1999 |
|
|
rs. No. 81, 2001 |
|
|
rep. No. 98, 2007 |
|
S. 30A................................. |
ad. No. 200, 1999 |
|
|
am. No. 81, 2001 |
|
|
rep. No. 98, 2007 |
|
S. 30B................................. |
ad. No. 200, 1999 |
|
|
rep. No. 98, 2007 |
|
S. 36A................................. |
ad. No. 201, 1997 |
|
|
am. No. 200, 1999; No. 81, 2001 |
|
|
rep. No. 98, 2007 |
|
am. No. 152, 1995; No. 201, 1997; No. 200, 1999 |
|
|
|
rep. No. 81, 2001 |
|
rep. No. 152, 1997 |
|
|
rep. No. 152, 1997 |
|
|
am. No. 81, 2001 |
|
|
|
rep. No. 98, 2007 |
|
rep. No. 111, 2001 |
|
|
am. No. 211, 1991 |
|
|
|
rep. No. 200, 1999 |
Note 2
Food Standards Australia New Zealand Amendment Act 2007 (No. 98, 2007)
The following amendments commence on the day on which an amendment of 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, enters into force to reduce from two to one the number of occasions on which the Council may request the Authority to review a draft standard or a draft variation of a standard. However, the amendments may not commence at all, see subsection 2(1) (item 8):
Schedule 3
1 Subsection 33(1) (note)
Omit "Note", substitute "Note 1".
2 At the end of subsection 33(1)
Add:
Note 2: The draft does not take effect except in accordance with a notice under section 92--see section 93.
3 Subsection 63(1)(note)
Omit "Note", substitute "Note 1".
4 At the end of subsection 63(1)
Add:
Note 2: The draft does not take effect except in accordance with a notice under section 93.
5 Division 3 of Part 3
Repeal the Division, substitute:
Division 3--Council review of draft standards and draft variations of standards
84 Council may request a review
(1) If the Authority notifies the Council under section 34, 41, 64 or 69 that the Authority has approved a draft standard or draft variation (with or without amendments), the Council must, 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) 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; and
(b) the Australia New Zealand Joint Food Standards Agreement.
If the Council informs the Authority under paragraph 84(1)(b) that the Council does not intend to request the Authority to review a draft standard or draft variation then, as soon as practicable, the Authority must comply with the publication requirements set out in section 92.
(1) If the Council requests the Authority to review a draft standard or draft variation, the Council must inform the Authority of the Council's concerns with the draft.
(2) 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 draft variation.
(3) A direction under subsection (2) is not a legislative instrument.
87 Authority to respond to request
(1) If the Council requests the Authority to review a draft standard or draft variation:
(a) a review is to be conducted, subject to any directions given under subsection 86(2), in such manner as the Authority considers appropriate; and
(b) the Authority must complete the review, and make a decision under subsection (2):
(i) within 3 months after the request was made; or
(ii) if the Council allows a longer period--within that longer period.
(2) After completing a review under this section of a draft standard or draft 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.
Note: The Board must not delegate its powers to act on behalf of the Authority under this subsection--see section 150.
(3) The Authority must give to the Council, within 10 business days of making its decision:
(a) written notice of the terms of the Authority's decision; and
(b) the Authority's reasons for making that decision.
88 Council may amend or reject draft after review
(1) If the Authority notifies the Council of a decision made under paragraph 87(2)(a) or (b), the Council must, within 60 days after the notification:
(a) inform the Authority that the Council does not intend to amend or reject the draft; or
(b) by written instrument, amend the draft; or
(c) reject the draft.
(2) An instrument made under paragraph (1)(b) is not a legislative instrument.
89 Council does not intend to amend or reject the draft
If the Council informs the Authority under paragraph 88(1)(a) that it does not intend to amend or reject a draft standard or draft variation then, as soon as practicable, the Authority must comply with the publication requirements set out in section 92.
(1) Before amending a draft standard or draft variation under paragraph 88(1)(b), the Council must give the Authority an opportunity to submit to the Council a draft of the text of the amendment.
(2) As soon as practicable after the Council decides to amend a draft standard or draft variation, the Council must inform the Authority that the Council has amended the draft, and give the Authority a copy of the amended draft.
(3) The Authority must, as soon as practicable after being informed of the amendment, comply with the publication requirements set out in section 92.
If the Council decides to reject a draft standard or draft variation under paragraph 88(1)(c), the Council must:
(a) prepare a notice setting out that decision and reasons for that decision; and
(b) give the Authority a copy of the notice; and
(c) publish a copy of the notice:
(i) on the Internet; and
(ii) in a generally circulating newspaper, in each State or Territory and in New Zealand.
The publication requirements for the purposes of sections 85 and 89 and subsection 90(3) are as follows:
(a) the Authority must prepare a notice stating that the draft or amended draft, as the case requires, is to come into effect on a day specified in the notice;
(b) the Authority must cause a copy of the notice to be published:
(i) in the Gazette; and
(ii) in the New Zealand Gazette; and
(iii) in a generally circulating newspaper, in each State or Territory and in New Zealand;
together with information about where a copy of the draft or amended draft may be obtained or inspected;
(c) the Authority must make a copy of:
(i) the notice; and
(ii) the text of the draft or the amended draft;
available for inspection by the public;
(d) the Authority must publish on the Authority's Internet site a copy of:
(i) the notice; and
(ii) the text of the draft or the amended draft.
93 When a standard or variation takes effect
A standard, or variation of a standard, takes effect on the day specified in the notice given under section 92.
94 Standards are legislative instruments, but not subject to disallowance or sunsetting
A standard, or a variation of a standard, in relation to which a notice is published under section 92 is a legislative instrument, but section 42 and Part 6 of the Legislative Instruments Act 2003 do not apply to the standard or variation.
Repeal the section.
7 Subsection 106(1)
Omit ", after a second review,".
8 Paragraph 129(3)(i)
Repeal the paragraph, substitute:
(i) subsection 87(2); or
9 Paragraph 150(1)(i)
Repeal the paragraph, substitute:
(i) subsection 87(2); or
As at 28 December 2008 the amendments are not incorporated in this compilation.
Table A
Application, saving or transitional provisions
Australia New Zealand Food Authority Amendment Act (No. 2)
1997
(No. 201, 1997)
Schedule 1
48 Application of amendment made by item 35
The amendment made by item 35 applies to the members of the Authority (including the Chairperson) who hold office on the commencement of that item and to all members appointed after then.
49 General transitional provisions
(1) Things done before the CEO commencement in, or in relation to, the exercise of the Chairperson's powers, or the Authority's powers, referred to in a pre‑CEO provision have effect, after the CEO commencement, as if they were done in, or in relation to, the exercise of the Chief Executive Officer's powers referred to in the corresponding amended CEO provision.
(2) A member of the Food Advisory Committee who held office as such a member immediately before the CEO commencement because of an appointment under paragraph 42(4)(e) of the old Act continues to hold office after that commencement as if the appointment were under that paragraph of the amended Act.
(3) An agreement referred to in subsection 65A(1) of the old Act that was in force immediately before the CEO commencement continues to have effect after that commencement as if it were an agreement referred to in that subsection of the amended Act.
(4) For this purpose:
amended Act means the Australia New Zealand Food Authority Act 1991 as in force after the CEO commencement.
amended CEO provision means any of the following provisions of the amended Act:
(a) section 39;
(b) section 53;
(c) section 54.
CEO commencement means the commencement of item 36.
Old Act means the Australia New Zealand Food Authority Act 1991 as in force before the CEO commencement.
pre‑CEO provision means any of the following provisions of the old Act:
(a) section 39;
(b) section 53;
(c) section 54.
Australia New Zealand Food Authority Amendment Act 1999 (No. 200, 1999)
Schedule 1
67 Saving--regulations under paragraph 9(f)
Despite the repeal of paragraph 9(1)(f) of the Principal Act by item 12, a regulation in force under that paragraph as in force immediately before the commencement of that item continues in force after that commencement as if it had been made under paragraph 9(1)(p) of the Principal Act as in force after that commencement.
68 Saving--nominations under paragraphs 42(4)(b) and (c)
Despite the amendments of paragraphs 42(4)(b) and 42(4)(c) of the Principal Act made by items 56 and 57, nominations under those paragraphs as in force immediately before the commencement of this item continue in force after that commencement as if they had been made under those paragraphs as in force after that commencement.
69 Transitional--application of amendments
To the extent that the amendments made by this Schedule relate to draft standards, or draft variations of standards, that may be developed under the Principal Act, the amendments apply only to:
(a) applications for the development of such standards, or variations of standards, that are made on or after the commencement of this item; and
(b) proposals for the development of such standards, or variations of standards, that are initiated on or after the commencement of this item.
70 Meaning of Principal Act
In this Part:
Principal Act means the Australia New Zealand Food Authority Act 1991.
Australia New Zealand Food Authority Amendment Act 2001 (No. 81, 2001)
(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.
Schedule 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.
120A Transitional--making of regulations for the nomination of Board members
(1) A power conferred by paragraph 40(3)(b) or 40(4)(b) of the Australia New Zealand Food Authority Act 1991 as amended by this Schedule to make regulations in relation to the nomination of persons for selection as members of the Board may be exercised before the commencement of those provisions as if those provisions had come into operation.
(2) Subitem (1) has effect despite anything in the Acts Interpretation Act 1901.
(3) Subitem (1) has effect in addition to section 4 of the Acts Interpretation Act 1901.
Schedule 1
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.
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.
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.
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.
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.
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.
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.
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).
Health and Aged Care Legislation Amendment (Application of Criminal Code) Act 2001 (No. 111, 2001)
(1) Each amendment made by this Act applies to acts and omissions that take place after the amendment commences.
(2) For the purposes of this section, if an act or omission is alleged to have taken place between 2 dates, one before and one on or after the day on which a particular amendment commences, the act or omission is alleged to have taken place before the amendment commences.
Food Standards Australia New Zealand Amendment Act 2007 (No. 98, 2007)
Schedule 1
77 Application
The amendments made by Parts 1 and 4 of this Schedule apply in relation to:
(a) applications made after a period of 3 months, beginning on the day on which Part 4 of the Schedule commences, has elapsed; and
(b) proposals prepared after a period of 3 months, beginning on the day on which Part 4 of the Schedule commences, has elapsed.
78 Annual reports
To avoid doubt, if, during a financial year to which a report on the Authority under section 9 of the Commonwealth Authorities and Companies Act 1997 relates, the Authority considers:
(a) applications and proposals to which this Schedule does not apply (earlier applications); and
(b) applications and proposals to which it does apply (later applications);
the members must include in the report:
(c) in relation to the earlier applications--particulars of the matters mentioned in section 69 of the Food Standards Australia New Zealand Act 1991, as in force immediately before the commencement of Part 3 of this Schedule; and
(d) in relation to the later applications--particulars of the matters mentioned in section 152 of that Act, as in force on commencement of item 71 of this Schedule.
Table showing Sections of the Food Standards Australia New Zealand Act 1991 after renumbering by the Food Standards Australia New Zealand Amendment Act 2007 ( No. 98, 2007).
Renumbering Table
NOTE--This Table does not form part of the Food Standards Australia New Zealand Act 1991 and is printed for convenience of reference only.
|
Old number |
New number |
|
Section |
Section |
|
1 |
1 |
|
2 |
2 |
|
2A |
3 |
|
3 |
4 |
|
3A |
5 |
|
3B |
6 |
|
3C |
7 |
|
3D |
8 |
|
4 |
9 |
|
5 |
10 |
|
5A |
11 |
|
6 |
12 |
|
7 |
13 |
|
8 |
14 |
|
(11) 8A |
15 |
|
9 |
16 |
|
9A |
17 |
|
10 |
18 |
|
(11A) 10A |
19 |
|
(10A) 10B |
20 |
|
39 |
114 |
|
39A |
115 |
|
40 |
116 |
|
41 |
117 |
|
43 |
118 |
|
44 |
119 |
|
45 |
120 |
|
46 |
121 |
|
47 |
122 |
|
48 |
123 |
|
49 |
124 |
|
50 |
125 |
|
51 |
126 |
|
52 |
127 |
|
52A |
128 |
|
52B |
129 |
|
52C |
130 |
|
52D |
131 |
|
52E |
132 |
|
52F |
133 |
|
52G |
134 |
|
53 |
135 |
|
54 |
136 |
|
55 |
138 |
|
57 |
139 |
|
58 |
140 |
|
60 |
141 |
|
62 |
142 |
|
63 |
143 |
|
64 |
144 |
|
65A |
145 |
|
66 |
146 |
|
66A |
147 |
|
66B |
148 |
|
66C |
149 |
|
67 |
150 |
|
68 |
151 |
|
69 |
152 |
|
70 |
153 |