Commonwealth Consolidated Acts

FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991 - SECT 41

             (1)  Sections 32, 33, 34 and 35 do not apply.

             (2)  However, after the submission period, the Authority must:

                     (a)  do one of the following:

                              (i)  approve the draft variation;

                             (ii)  approve the draft variation subject to such amendments as the Authority considers necessary;

                            (iii)  reject the draft variation; and

                     (b)  prepare a report under this section.

Note:          The Board must not delegate its powers to act on behalf of the Authority under paragraph (a)--see section 150.

             (3)  The report must include each of the following:

                     (a)  the reasons for initially accepting the application;

                     (b)  a summary of the results of the Authority's assessment of the application;

                     (c)  the Authority's reasons for approving or rejecting the draft variation;

                     (d)  a copy of the draft variation.

             (4)  If the draft variation is of a standard and the Authority approves the draft variation, the Authority must, within 10 business days after the approval:

                     (a)  give the Council:

                              (i)  a written notification of the approval; and

                             (ii)  a copy of the report prepared by the Authority under this section; and

                     (b)  give public notice of the approval, together with information about where further information about the draft variation may be obtained; and

                     (c)  publish in a generally circulating newspaper, in each State or Territory and in New Zealand, a notice:

                              (i)  stating that the draft variation has been approved; and

                             (ii)  stating that the Council has been notified that the draft variation has been approved; and

                            (iii)  stating that the Council may request the Authority to review the draft variation under Division 3; and

                            (iv)  stating where further information about the draft variation may be obtained.

             (5)  If the Authority has notified the Council under subsection (4), the Council may direct the Authority to give the Council such information as the Council reasonably requires for the purpose of assisting the Council to make a decision about the draft under Division 3.

Note:          The process followed by the Council after receiving notification under this section is set out in Division 3.