Commonwealth Consolidated Regulations Commonwealth Consolidated RegulationsStatutory Rules 1993 No. 100 as amended
This compilation was prepared on 22
September 2009
taking into account amendments up to SLI 2009 No. 235
Prepared by the Office of Legislative Drafting and
Publishing,
Attorney-General's Department, Canberra
Contents
Part 1 Preliminary
1 Name of Regulations [see Note 1] 4
2 Commencement 4
3 Interpretation 4
Part 2 Food control
3A To what food does the Act not apply? 6
4 When is food taken to have been imported for private consumption? 6
5 How is a food control certificate obtained? 7
Part 3 Food Inspection Scheme
6 What constitutes the Food Inspection Scheme 9
7 What orders may the Minister make in relation to the Scheme? 9
8 How may food be classified? 9
9 What is meant by risk food? 9
10 What is meant by active surveillance food? 9
11 What is meant by random surveillance food? 10
12 How can food receive a different classification? 10
13 What food is subject to inspection? 10
14 At what rate must food be referred for inspection? 10
15 What is the rate of inspection for risk food? 10
16 At what rate is risk food first inspected? 11
17 When may the rate of inspection for risk food be altered? 11
18 When is food taken to be failing food? 12
19 When, and at what rate, may food related to failing food be inspected? 12
20 When, and at what rate, may reprocessed food be inspected? 13
21 Which active or random surveillance food is to be inspected? 13
22 What sampling procedures are followed in inspection of food? 14
23 How is food that is subject of a holding order treated? 14
24 What is an imported food inspection advice? 14
25 How is food subject to inspection to be marked? 15
26 How is food subject to inspection to be held? 15
27 Are there any exceptions to the rules relating to the holding of risk food? 16
28 Who is to analyse food under the Scheme? 16
29 How is food to be analysed under the Scheme? 17
30 What are the powers of authorised officers? 17
31 How does the holding of a foreign government or quality assurance certificate affect the incidence of inspection, of food? 17
32 How is the reliability of foreign government or quality assurance certificates verified? 18
Part 4 Fees
33 What fees are payable for chargeable services? 19
34 When must a fee be paid for analysis of food? 19
35 When may fees be waived? 20
36 What are prescribed chargeable services? 20
Schedule 1 Selection of samples 21
Schedule 2 Fees for chargeable services 23
Part 1 Interpretation 23
Part 2 Fees for chargeable services performed during ordinary hours of duty 23
Part 3 Additional fees for chargeable services performed out of ordinary hours of duty 26
Notes 28
Notes to the Imported Food Control Regulations 1993
Note 1
The Imported Food Control Regulations 1993 (in force under the Imported Food Control Act 1992) as shown in this compilation comprise Statutory Rules 1993 No. 100 amended as indicated in the Tables below.
For all relevant information pertaining to application, saving or transitional provisions see Table A.
Table of Instruments
|
Year and |
Date of notification |
Date of |
Application, saving or |
|
1993 No. 100 |
3 June 1993 |
15 June 1993 |
|
|
1995 No. 172 |
30 June 1995 |
1 July 1995 |
-- |
|
1995 No. 269 |
12 Sept 1995 |
12 Sept 1995 |
-- |
|
1996 No. 194 |
30 Aug 1996 |
1 Sept 1996 |
-- |
|
1997 No. 289 |
8 Oct 1997 |
8 Oct 1997 |
-- |
|
1997 No. 321 |
17 Nov 1997 |
17 Nov 1997 |
-- |
|
1998 No. 69 |
24 Apr 1998 |
5 May 1998 |
-- |
|
1999 No. 280 |
1 Dec 1999 |
1 Dec 1999 |
-- |
|
2002 No. 242 |
24 Oct 2002 |
24 Oct 2002 |
-- |
|
2003 No. 325 |
23 Dec 2003 |
12 Jan 2004 |
-- |
|
2005 No. 120 |
20 June 2005 (see F2005L01503) |
1 July 2005 |
-- |
|
2009 No. 235 |
21 Sept 2009 (see F2009L03524) |
22 Sept 2009 |
R. 4 |
Table of Amendments
|
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
|
|
Provision affected |
How affected |
|
Part 1 |
|
|
R. 1........................................ |
rs. 1999 No. 280 |
|
R. 3........................................ |
am. 2002 No. 242; 2003 No. 325; 2005 No. 120 |
|
Part 2 |
|
|
R. 3A..................................... |
ad. 1997 No. 321 |
|
Part 3 |
|
|
R. 9........................................ |
am. 1997 No. 321 |
|
R. 10..................................... |
am. 1997 No. 321 |
|
Part 4 |
|
|
R. 33..................................... |
rs. 1995 No. 269 |
|
|
am. 2002 No. 242; 2005 No. 120 |
|
R. 36..................................... |
ad. 1995 No. 269 |
|
|
rs. 1997 No. 289; 1999 No. 280 |
|
Schedule 2 |
|
|
Schedule 2.......................... |
am. 1995 No. 172 |
|
|
rs. 1995 No. 269 |
|
|
am. 1996 No. 194; 1997 No. 289; 1998 No. 69; 1999 |
|
|
rs. 2005 No. 120 |
|
|
am. 2009 No. 235 |
Table A Application, saving or transitional provisions
Select Legislative Instrument 2009 No. 235
4 Transitionals
(1) Subregulations (2) and (3) only apply if:
(a) before the amendments made by Schedule 1 commence, a person pays to the Commonwealth, under paragraph 36 (3) (a) of the Imported Food Control Act 1992, the payable amount in respect of the provision of a chargeable service that has not yet been rendered; and
(b) after the amendments commence, the service is rendered.
(2) Despite the amendments made by Schedule 1, the person mentioned in subregulation (1) is not liable to pay any further amount under section 36 of the Imported Food Control Act 1992, unless subregulation (3) applies.
(3) If a person mentioned in subregulation (1) is provided with the chargeable service at a time that is outside the ordinary hours of duty of the officer providing the service, paragraph 33 (1) (b) of the Imported Food Control Regulations 1993, as in force after the amendments in Schedule 1 commence, will apply.
(4) Despite the amendments made by Schedule 1, if
(a) before the amendments commence, a person is provided with a chargeable service; and
(b) at the time the amendments commence, the person has not paid to the Commonwealth the payable amount in respect of the provision of the service;
the person is only liable to pay the payable amount specified by regulation 33 of the Imported Food Control Regulations 1993 as in force at the time the service was rendered.
Note Chargeable service is defined in subsection 36 (11) of the Imported Food Control Act 1992.