FOOD STANDARDS AUSTRALIA NEW ZEALAND REGULATIONS 1994 - REG 2 Definitions

FOOD STANDARDS AUSTRALIA NEW ZEALAND REGULATIONS 1994 - REG 2

    In these Regulations:

"Act" means the Food Standards Australia New Zealand Act   1991 .

"administrative costs" of the Authority for an application means the total of:

  (a)   the amounts (however described) that are payable by the Authority for things required by a law of the Commonwealth to be done in connection with the application, except amounts payable for the services of Authority personnel doing work; and

  (b)   if the application is for a high level health claims variation--the costs of the High Level Health Claims Committee:

  (i)   considering whether to make recommendations relating to the application or a draft high level health claims variation resulting from the application; and

  (ii)   formulating and making any such recommendations.

"Agriculture" Department means the Department administered by the Minister administering the Imported Food Control Act 1992.

"application" means an application made under section   22 of the Act.

"application consideration process" means the process undertaken by the Authority in relation to the application under:

  (a)   Part   3 of the Act, other than the Authority's dealings with the Forum on Food Regulation ; and

  (b)   any other Commonwealth law.

Note:   An example for paragraph   ( b) is a law that requires a new standard to be registered.

"Authority personnel" : the following are Authority personnel :

  (a)   a member;

  (b)   a person:

  (i)   who holds a position or classification as a member of the staff of the Authority described in any of items   4 to 16 of the table in the definition of Authority personnel variable work cost ; or

  (ii)   whose variable work on an application is treated as if the person were a member of the staff of the Authority and held such a position or classification.

Note 1:   Paragraph   ( a) and subparagraph   ( b)(i) cover both substantive holders of the offices and positions mentioned and persons acting in those offices and positions: see section   20 of the Acts Interpretation Act 1901 (applying because of subsection   13(1) of the Legislation Act 2003 ).

Note 2:   A person covered by subparagraph   ( b)(ii) may be a consultant engaged under section   136 of the Act or a person whose services are made available to the Authority under an arrangement under section   137 of the Act.

"Authority personnel variable work cost" for an application is the sum of each amount that is the product of:

  (a)   the number of hours spent, by Authority personnel to whom column 1 of an item of the following table relates, on variable work on the application; and

  (b)   the hourly amount in column 2 of the item.

"Foreign Affairs Department" means the Department administered by the Minister administering the Diplomatic Privileges and Immunities Act 1967 .

"general procedure level 1 application" means an application that the Authority has classified as a general procedure level 1 application under regulation   7.

"general procedure level 2 application" means an application that the Authority has classified as a general procedure level 2 application under regulation   7.

"general procedure level 3 application" means an application that the Authority has classified as a general procedure level 3 application under regulation   7.

"general procedure level 4 application" means an application that the Authority has classified as a general procedure level 4 application under regulation   7.

"general procedure level 5 application" means an application that the Authority has classified as a general procedure level 5 application under regulation   7.

"Health Department" means the Department administered by the Minister administering the Act .

"high level health claims procedure level 1 application" means an application that the Authority has classified as a high level health claims procedure level 1 application under regulation   7.

"high level health claims procedure level 2 application" means an application that the Authority has classified as a high level health claims procedure level 2 application under regulation   7.

"high level health claims procedure level 3 application" means an application that the Authority has classified as a high level health claims procedure level 3 application under regulation   7.

"high level health claims procedure level 4 application" means an application that the Authority has classified as a high level health claims procedure level 4 application under regulation   7.

"high level health claims procedure level 5 application" means an application that the Authority has classified as a high level health claims procedure level 5 application under regulation   7.

"Industry Department" means the Department administered by the Minister administering the Industry Research and Development Act 1986 .

"major procedure application" means an application that the Authority has classified as a major procedure application under regulation   7.

"proposal" means a proposal prepared under section   55 of the Act.

"Treasury Department" means the Department administered by the Treasurer.

"variable work" on an application means work for the Authority for the purposes of the Authority complying with any of the following provisions of the Act (applying of their own force or because of another provision of the Act):

  (a)   section   29 (assessing the application);

  (b)   paragraph   33(1)(b) and subsections   33(2) and (3) (preparing a report relating to the application having regard to public submissions relating to a draft food regulatory measure, or a draft variation of such a measure, prepared in response to the application);

  (c)   section   45 (having regard to public submissions relating to the application);

  (d)   paragraph   52(1)(b) and subsection   52(2) (preparing a report relating to an application for a high level health claims variation).