Australia New Zealand Food Authority Amendment Bill 1996
First Reading
1996
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Australia New Zealand Food Authority Amendment Bill 1996
No. , 1996
(Health and Family Services)
A Bill for an Act to amend the Australia New Zealand Food Authority Act 1991
9618320--1,000/28.11.1996--(183/96) Cat. No. 96 5560 3 ISBN 0644 483091
Contents
1 Short title
2 Commencement
3 Schedule(s)
Schedule 1--Amendments
Australia New Zealand Food Authority Act 1991
A Bill for an Act to amend the Australia New Zealand Food Authority Act 1991
The Parliament of Australia enacts:
This Act may be cited as the
Australia New Zealand Food Authority Amendment Act 1996.
This Act commences on the day on which it receives the Royal Assent.
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Australia New Zealand Food Authority Act 1991 1 At the end of subsection 12(2)
Add:
; and (d) be accompanied by the sum of:
(i) the charge (if any) fixed under section 66 in relation to the making of the preliminary assessment of the application; and
(ii) the charge (if any) fixed under section 66 in relation to the giving of notices under section 14 in relation to the application.
2 At the end of section 13
Add:
(5) If:
(a) the Authority decides to reject the application; and
(b) no application is made to the Administrative Appeals Tribunal for a review of the decision within the prescribed time (within the meaning of section 29 of the Administrative Appeals Tribunal Act 1975);
the Authority must, as soon as practicable after the prescribed time, refund the charge mentioned in subparagraph 12(2)(d)(ii).
(6) If:
(a) the Authority decides to reject the application; and
(b) application is made to the Administrative Appeals Tribunal for a review of the decision; and
(c) the application for review is finalised; and
(d) the decision of the Authority to reject the application is affirmed;
the Authority must, as soon as practicable after the finalisation of the application for review, refund the charge mentioned in subparagraph 12(2)(d)(ii).
3 At the end of subsection 15(1)
Back to Top Add:
This subsection has effect subject to subsection (2A).
4 After subsection 15(2)
Insert:
(2A) The Authority must not make a full assessment of the application unless the applicant tenders the sum of the following charges:
(a) the charge (if any) fixed under section 66 in relation to the making of the full assessment of the application;
(b) the charge (if any) fixed under section 66 in relation to the giving of notices under section 16 or 17 in relation to the application;
(c) the charge (if any) fixed under section 66 in relation to the preparation under subsection (3) of a draft standard, or a draft variation of a standard, in relation to the application.
5 At the end of section 15
Add:
(4) If:
(a) the Authority decides to reject the application; and
(b) no application is made to the Administrative Appeals Tribunal for a review of the decision within the prescribed time (within the meaning of section 29 of the Administrative Appeals Tribunal Act 1975);
the Authority must, as soon as practicable after the prescribed time, refund the charge mentioned in paragraph (2A)(c).
(5) If:
(a) the Authority decides to reject the application; and
(b) application is made to the Administrative Appeals Tribunal for a review of the decision; and
(c) the application for review is finalised; and
(d) the decision of the Authority to reject the application is affirmed;
the Authority must, as soon as practicable after the finalisation of the application for review, refund the charge mentioned in paragraph (2A)(c).
6 At the end of section 35
Add:
(5) If:
(a) a body or person applies to the Authority for the development or variation of a standard; and
(b) the applicant is required by subsection 15(2A) to tender an amount before a full assessment of the application is made;
the period:
(c) beginning when notice is given to the applicant under paragraph 13(4)(a); and
(d) ending when the applicant tenders the amount referred to in subsection 15(2A);
is not to be included in the period set or prescribed for the purpose of subsection (1) or set for the purpose of subsection (3).
7 After paragraph 57(1)(ab)
Insert:
(ac) money paid to the Authority under section 66; and
8 Section 66
Repeal the section, substitute:
(1) The regulations may fix charges for:
(a) services and facilities provided by the Authority; and
(b) any matter in relation to which expenses are incurred by the Authority under this Act;
and specify the persons or bodies by whom, and the times when, the charges are payable.
(2) A charge fixed under subsection (1) must be reasonably related to the expenses incurred or to be incurred by the Authority in relation to the matters to which the charge relates and must not be such as to amount to taxation.
(3) This section does not apply to services or facilities that the Authority provides under contract.
(4) Regulations made for the purposes of this section must not specify New Zealand as a person by whom charges are payable.
(5) The regulations may make provision for and in relation to the remission or refund, in whole or in part, of charge under this section in circumstances specified in the regulations.
(6) Regulations made for the purposes of subsection (5) may confer powers on the Authority.
(7) Charge under this section may be recovered by the Authority as a debt due to the Authority.