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Food Standards Australia New Zealand Act 1991
In force
Administered by
Department of Health and Aged Care
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C2024C00524 (C29)
14 October 2024
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Part 1—Preliminary
1 Short title
2 Commencement
3 Object of Act
4 Interpretation
5 Meaning of food
6 Declaration of what is food
7 How is public notice given?
8 When is an exclusive capturable commercial benefit conferred on an applicant?
9 Operation of Act
10 Act to bind Crown
11 Application of the Criminal Code
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Part 2—The Authority
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Division 1—Establishment, functions and powers of the Authority
12 Establishment of Authority
13 Functions
14 Powers
15 Minister may give directions
Division 2—Food regulatory measures
16 Matters that may be included in standards and variations of standards
17 Codes of practice
18 Objectives of the Authority in developing or reviewing food regulatory measures and variations of food regulatory measures
Division 3—Forward planning
20 Authority to develop three year plan
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Part 3—Food regulatory measures
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Division 1—Applications for the development or variation of food regulatory measures
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Subdivision A—Overview
21 Steps in the consideration of an application
Subdivision B—Applications
22 Applications
23 Application guidelines
24 Withdrawal of applications
Subdivision C—Procedures for considering applications
25 Which procedure is appropriate?
Subdivision D—General procedure
26 Accepting an application
27 Notice of acceptance
28 Public notice of the application
29 Assessing the application
30 Preparing a draft variation
31 Calling for submissions
32 Alternative steps to be followed
33 Approving the draft standard or draft variation
34 Notifying the Forum on Food Regulation
35 Alternative to steps set out in sections 33 and 34—approving the draft code of practice or draft variation
Subdivision E—Modification of general procedure for minor variations
36 Application of Subdivision
37 Adopt the general procedure with the modifications set out in this Subdivision
38 Modification of step set out in section 29
39 Modification of step set out in section 30
40 Modification of step set out in section 31
41 Modification of steps set out in sections 32, 33, 34 and 35
Subdivision F—Modification of general procedure for developing new food regulatory measures and major variations
42 Application of Subdivision
43 Adopt the general procedure with the modifications set out in this Subdivision
44 Additional step after step set out in section 29
45 Matters to which Authority must have regard in making a decision under section 30
Subdivision G—Procedure for certain variations of the Nutrition, Health and Related Claims Standard
46 Application of Subdivision
47 Accepting the application
48 Notice of acceptance
49 Notice of the application to expert committee and Food Regulation Standing Committee
50 Considering the application
51 Calling for submissions
52 Approving the draft variation in relation to high level health claims
53 Notifying the Forum on Food Regulation
Division 2—Proposals for the development or variation of food regulatory measures
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Subdivision A—Overview
54 Steps in the consideration of a proposal
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Subdivision B—Proposals
55 Proposals
56 Abandonment of proposals
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Subdivision C—Procedures for considering proposals
57 Which procedure is appropriate?
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Subdivision D—General procedure
58 Public notice of a proposal
59 Assessing a proposal
60 Preparing a draft food regulatory measure or draft variation
61 Calling for submissions
62 Alternative steps to be followed
63 Approving the draft standard or draft variation
64 Notifying the Forum on Food Regulation
65 Alternative to steps set out in sections 63 and 64—approving the draft code of practice or draft variation
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Subdivision E—Modification of general procedure for minor variations
66 Application of Subdivision
67 Adopt the general procedure with the modifications set out in this Subdivision
68 Modification of step set out in section 61
69 Modification of steps set out in sections 62, 63, 64 and 65
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Subdivision F—Modification of general procedure for developing new food regulatory measures and major variations
70 Application of Subdivision
71 Adopt the general procedure with the modifications set out in this Subdivision
72 Additional step after step set out in section 59
73 Matters to which Authority must have regard in making a decision under section 60
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Subdivision G—Procedure for certain variations of the Nutrition, Health and Related Claims Standard
74 Application of Subdivision
75 Notice of the proposal
76 Considering the proposal
77 Calling for submissions
78 Approving the draft variation in relation to high level health claims
79 Notifying the Forum on Food Regulation
Division 2A—Variations by APVMA of the Maximum Residue Limits Standard
80 Application of Division
81 Authority to give notice of APVMA notification
82 APVMA may vary the Maximum Residue Limits Standard
83 No limit on the Authority’s power to vary the Maximum Residue Limits Standard
Division 3—Forum on Food Regulation review of draft standards and draft variations of standards
84 Forum on Food Regulation may request a review
85 Review not requested
86 Review requested
87 Authority to respond to request
88 Forum on Food Regulation may amend or reject the draft after review
89 Forum on Food Regulation does not intend to amend or reject the draft
90 Forum on Food Regulation amends the draft
91 Forum on Food Regulation rejects the draft
92 Publication requirements
93 When a standard or variation takes effect
94 Standards and variations are legislative instruments
Division 4—Urgent applications and proposals
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Subdivision A—Urgent consideration of applications and proposals
95 Declaration of urgency
96 Preparation of draft standard or variation
97 Approval and publication of standard or variation
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Subdivision B—Assessing the resulting standard or variation
98 Application
99 Assessing the standard or variation
100 Calling for submissions
101 Re affirm the standard or variation or propose changes
102 Forum on Food Regulation may request Authority to review
103 Review requested
104 Authority to respond to request
106 Forum on Food Regulation may revoke or amend standard or variation
Division 5—General rules for considering applications and proposals
107 General conduct in considering an application or proposal
108 Authority may require further information
109 Period within which consideration of applications for standards or variations must be completed
110 Rejecting an application or abandoning a proposal
111 Public hearings
112 Authority may rely on work or processes of other government agencies
Division 6—Other matters
113 Review of food regulatory measures
114 Confidential commercial information
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Part 4—The Board, the Chief Executive Officer and the Authority’s staff
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Division 1—The Board
115 Board
116 Constitution of Board
117 Appointment of members
118 Committees
119 Remuneration and allowances
120 Leave of absence of members
121 Acting appointments
122 Meetings
123 Conduct of meetings
124 Resolutions without formal meetings
125 Disclosure of interests
126 Resignation
127 Termination of appointment
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Division 2—The Chief Executive Officer
128 Appointment
129 Duties
130 Delegation
131 Remuneration and allowances
132 Resignation
133 Other terms and conditions
134 Acting Chief Executive Officer
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Division 3—Staff, consultants and assistance from other agencies
135 Staff of Authority
136 Consultants
137 Arrangements with Commonwealth Departments etc.
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Part 5—Finance
138 Money to be appropriated
139 Money of Authority
140 Taxation
141 Trust money
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Part 6—Miscellaneous
142 Documents and samples become Commonwealth property
143 Review of decisions
144 Statement accompanying notification of decisions
145 Fees for services provided to New Zealand
146 Charges relating to the Authority’s costs
147 Charge—late payment penalty
148 Charge—discount for early payment
149 Charge and late payment penalty—remissions and refunds
150 Delegation by Board
151 Exemption from suit
152 Annual report
152A Corporate plans
153 Regulations
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Endnote 5—Miscellaneous
