Commonwealth Numbered Acts

NATIONAL FOOD AUTHORITY AMENDMENT ACT 1995 No. 152, 1995 - SCHEDULE 1

                              SCHEDULE 1               Section 3

AMENDMENTS OF THE NATIONAL FOOD AUTHORITY ACT 1991 1. Title: Omit "to
establish a National Food Authority", substitute "establishing an Australia
New Zealand Food Authority". 2. Section 1: Omit "National", substitute
"Australia New Zealand". 3. Subsection 3(1) (paragraph (e) of the definition
of appropriate government agency): Omit "the" (first occurring), substitute
"a". 4. Subsection 3(1) (definition of appropriate government agency): Add at
the end:

"or (f) the Department of State of New Zealand that is primarily responsible
for public health; or

   (g)  a New Zealand authority that is prescribed for the purposes of this
        paragraph.". 5. Subsection 3(1) (definition of Council): Add at the
        end:

"or (c) if that Council is, or has been, reconstituted and continued in
existence under the name Australia New Zealand Food Standards Council by
agreement between the Commonwealth, the States, the Northern Territory and the
Australian Capital Territory - that Council as so reconstituted and continued
in existence.". 6. Subsection 3(1) (paragraph (b) of the definition of
standard): Before "Food Standards Code" insert "Australia New Zealand". 7.
Subsection 3(1) (definition of Food Advisory Committee): Omit the definition,
substitute:

"Food Advisory Committee means the Australia New Zealand Food Authority
Advisory Committee continued in existence under section 42.". 8. Subsection
3(1) (definition of Food Standards Code): Omit the definition. 9. Subsection
3(1): Insert the following definitions:

"Australia New Zealand Food Standards Code means the code published under the
name `Food Standards Code' in the Gazette on 27 August 1987 together with any
amendments of the standards in that code:

   (a)  approved by the Council before this Act commenced and published in the
        Gazette as forming part of that code; or

   (b)  made under this Act. Chief Officer means:

   (a)  in relation to a Commonwealth, State, Territory or New Zealand
        authority - the person who has the responsibility of Executive Officer
        or Chief Executive Officer of that authority (whether the person is a
        member of that authority or not); and

   (b)  in relation to any other authority or body - the person who has the
        responsibility for the day to day management of that authority or
        body. New Zealand authority means a body (whether corporate or not)
        established by New Zealand, or by or under a law of New Zealand. New
        Zealand standard means a standard under a law of New Zealand relating
        to:

   (a)  a matter referred to in paragraphs 9(a) to (e); or

   (b)  a matter prescribed under paragraph 9(f).". 10. Subsection 3(2): Omit
        the subsection, substitute:

"(2) In this Act, a reference to the Authority is a reference to the Authority
continued in existence under section 6 and:

   (a)  if the Authority is doing anything related to a special purpose for
        which an appointment has been made under paragraph 40(1)(e) - to the
        Authority as constituted by the members mentioned in paragraphs
        40(1)(a) to (d) and each member appointed for that special purpose
        under paragraph 40(1)(e); and

   (b)  in any other case - to the Authority as constituted by the members
        mentioned in paragraphs 40(1)(a) to (d).". 11. Subsection 6(1): Omit
        the subsection, substitute:

"(1) The body known immediately before the commencement of this subsection as
the National Food Authority is continued in existence as the Australia New
Zealand Food Authority.". 12. Paragraph 7(l): After "industry" insert "(in
Australia and in New Zealand)". 13. Paragraph 10(e): Omit ", providing it does
not lower the Australian standard". 14. After paragraph 14(1)(b): Insert:

"and (ba) by advertisement published in the New Zealand Gazette and in a
newspaper circulating in New Zealand;". 15. After paragraph 16(b): Insert:

"and (ba) by advertisement published in the New Zealand Gazette and in a
newspaper circulating in New Zealand;". 16. After paragraph 17(b): Insert:

"and (c) by advertisement published in the New Zealand Gazette and in a
newspaper circulating in New Zealand;". 17. After paragraph 19(1)(b): Insert:

"and (c) by advertisement published in the New Zealand Gazette and in a
newspaper circulating in New Zealand;". 18. After paragraph 22(1)(b): Insert:

"and (ba) by advertisement published in the New Zealand Gazette and in a
newspaper circulating in New Zealand;". 19. After paragraph 24(b): Insert:

"and (ba) by advertisement published in the New Zealand Gazette and in a
newspaper circulating in New Zealand;". 20. After paragraph 25(b): Insert:

"and (c) by advertisement published in the New Zealand Gazette and in a
newspaper circulating in New Zealand;". 21. After paragraph 27(1)(b): Insert:

"and (c) by advertisement published in the New Zealand Gazette and in a
newspaper circulating in New Zealand;". 22. Paragraph 32(1)(c): After
"Gazette" insert "and in the New Zealand Gazette". Note: The heading to
section 32 is replaced by the heading "Publication of standard or variation".
23. Paragraph 32(1)(d): After "Gazette" insert "and in the New Zealand
Gazette". 24. Subsection 36(1): Omit "published in the Gazette and in a
newspaper circulating in each State or Territory", substitute:

"published:

   (c)  in the Gazette and in a newspaper circulating in each State or
        Territory; and

   (d)  in the New Zealand Gazette and in a newspaper circulating in New
        Zealand". 25. After paragraph 38(b): Insert:

"(ba) with the chief executive of a Department of State of New Zealand or the
Chief Officer of a New Zealand authority; or". Note: The heading to section 38
is replaced by the heading "Arrangements with Commonwealth Departments etc.".
26. After paragraph 39(7)(b): Insert:

"(ba) to the chief executive of a Department of State of New Zealand or the
Chief Officer of a New Zealand authority for the purpose of enabling the
Department or authority to perform any arrangements made with the Authority in
accordance with paragraph 38(ba); or". 27. Subsection 39(11) (definition of
Chief Officer): Omit the definition. 28. After paragraph 40(1)(b): Insert:

"(ba) 2 members nominated by New Zealand; and". 29. Subsection 42(1): Omit the
subsection, substitute:

"(1) The body known immediately before the commencement of this subsection as
the National Food Authority Advisory Committee is continued in existence as
the Australia New Zealand Food Authority Advisory Committee.". 30. Subsection
42(2): Omit "the States and the Territories", substitute "a State, a Territory
or New Zealand". 31. Paragraph 42(4)(b): Omit "Community", substitute "Human".
32. Paragraph 42(4)(c): After "by" insert "the". 33. Paragraph 44(3)(a): Omit
"or a Territory", substitute ", a Territory or New Zealand". 34. Paragraph
44(3)(a): Omit "bases", substitute "basis". 35. Paragraph 44(3)(b): Omit "or a
Territory", substitute ", a Territory or New Zealand". 36. After paragraph
57(1)(a): Insert:

"(ab) money paid to the Authority under section 65A; and". 37. Paragraph
64(1)(b): Add at the end "and in the New Zealand Gazette". 38. After section
65: Insert: Fees for services provided to New Zealand

"65A.(1) The Authority may charge, for services provided to New Zealand, such
fees as are agreed on from time to time between the Chairperson and the New
Zealand Minister.

"(2) In subsection (1): New Zealand Minister means the Minister of the
government of New Zealand who is a member of the Council.". 39. Subsection
66(1): After "body" (first occurring) insert "(other than New Zealand)". Note:
The heading to section 66 is replaced by the heading "Fees for services other
than services provided to New Zealand".