Commonwealth Consolidated Acts

FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991 - SECT 26

             (1)  The Authority must, within 15 business days after an application is given to the Authority:

                     (a)  accept the application; or

                     (b)  reject the application.

             (2)  In determining whether to accept or reject the application, the Authority must have regard to the following matters:

                     (a)  whether the application complies with subsection 22(2);

                     (b)  whether the application relates to a matter that may be developed as a food regulatory measure, or that warrants the variation of a food regulatory measure;

                     (c)  whether the application is so similar to a previous application or proposal for the development or variation of a food regulatory measure that it ought to be rejected;

                     (d)  any other relevant matter.

             (3)  If an application is rejected because it does not comply with subsection 22(2), the application must be disregarded for the purposes of determining whether a later application or proposal for the development or variation of a food regulatory measure is so similar to a previous application that the later application or proposal ought to be rejected.