Commonwealth Consolidated Acts

FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991 - SECT 23

Authority may make guidelines

             (1)  The Authority may, by legislative instrument, make guidelines:

                     (a)  specifying the form in which applications for the development of a food regulatory measure, or the variation of a food regulatory measure, are to be made; and

                     (b)  specifying the information, or the kinds of information, to be included with such applications; and

                     (c)  specifying any thing, or kind of thing, to be included with such applications.

             (2)  The Authority may only specify information, or kinds of information, under paragraph (1)(b) in relation to an application if the inclusion of that information, or information of those kinds:

                     (a)  would enable the Authority to assess the application and develop the relevant food regulatory measure, or the relevant variation of a food regulatory measure; or

                     (b)  would enable the Authority to determine whether a charge fixed under section 146 is payable to the Authority in relation to the application.

             (3)  The Authority may only specify a thing, or a kind of thing, under paragraph (1)(c) in relation to an application, if the inclusion of that thing, or things of those kinds, would enable the Authority to assess the application and develop the relevant food regulatory measure, or the relevant variation of a food regulatory measure.

Guidelines not subject to disallowance or sunsetting

             (4)  Section 42 and Part 6 of the Legislative Instruments Act 2003 do not apply to guidelines made under subsection (1).