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Food Standards Australia New Zealand Act 1991

  • - C2004C00171
  • In force - Superseded Version
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Act No. 118 of 1991 as amended, taking into account amendments up to Act No. 63 of 2002
An Act establishing a body to be known as Food Standards Australia New Zealand with functions relating to the development of food regulatory measures, and for related purposes
Administered by: Health
Start Date 01 Jul 2002
End Date 30 Jun 2006

FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991



Compilation Information

A graphic exists here.

Food Standards Australia New Zealand Act 1991 Act No. 118 of 1991 as amended

This compilation was prepared on 29 July 2002
taking into account amendments up to Act No. 63 of 2002
The text of any of those amendments not in force
on that date is appended in the Notes section
Prepared by the Office of Legislative Drafting,
Attorney-General's Department, Canberra


Long Title

An Act establishing a body to be known as Food Standards Australia New Zealand with functions relating to the development of food regulatory measures, and for related purposes

FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991
Part 1—Preliminary

FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991
- SECT 1
Short title [see Note 1]

This Act may be cited as the Food Standards Australia New Zealand Act 1991.

FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991
- SECT 2
Commencement [see Note 1]

(1)
Subject to subsection (2), this Act commences on a day to be fixed by Proclamation.

(2)
If this Act does not commence under subsection (1) within the period of 6 months beginning on the day on which it receives the Royal Assent, it commences on the first day after the end of that period.

FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991
- SECT 2A
Object of Act

The object of this Act is to ensure a high standard of public health protection throughout Australia and New Zealand by means of the establishment and operation of a joint body to be known as Food Standards Australia New Zealand to achieve the following goals:

(a)
a high degree of consumer confidence in the quality and safety of food produced, processed, sold or exported from Australia and New Zealand;
(b)
an effective, transparent and accountable regulatory framework within which the food industry can work efficiently;
(c)
the provision of adequate information relating to food to enable consumers to make informed choices;
(d)
the establishment of common rules for both countries and the promotion of consistency between domestic and international food regulatory measures without reducing the safeguards applying to public health and consumer protection.

FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991
- SECT 3
Interpretation

(1)
In this Act, unless the contrary intention appears:

appropriate government agency means:

(a)
a Department of State of the Commonwealth, and a Commonwealth authority, that is prescribed for the purposes of this paragraph; or
(b)
the National Health and Medical Research Council; or
(ba)
the Gene Technology Regulator; or
(c)
the Department of State of each State and Territory that is primarily responsible for public health in that State or Territory; or
(d)
a State or Territory authority that is prescribed for the purposes of this paragraph; or
(e)
a Department of State of New Zealand that is nominated by the government of New Zealand; 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.

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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 a former Council before this Act commenced and published in the Gazette as forming part of that code; or
(b)
made under this Act.
Australia New Zealand Joint Food Standards Agreement means the Agreement between the Government of Australia and the Government of New Zealand Establishing a System for the Development of Joint Food Standards, signed at Wellington on 5 December 1995, as amended in accordance with Article 10 of that Agreement.

Authority means Food Standards Australia New Zealand.

Board means the Board of the Authority.

business day means a day that is not:

(a)
a Saturday; or
(b)
a Sunday; or
(c)
a public holiday in the Australian Capital Territory or in Wellington, New Zealand.
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.
code of practice means a code of practice developed by the Authority under Part 3. However, a code of practice is not a standard.

committee means a committee established under section 43.

Commonwealth authority means a body, whether corporate or not, established by the Commonwealth, or by or under a law of the Commonwealth.

confidential commercial information, in relation to food, means:

(a)
a trade secret relating to food; or
(b)
any other information relating to food that has a commercial value that would be, or could reasonably be expected to be, destroyed or diminished if the information were disclosed.
Council means the Australia and New Zealand Food Regulation Ministerial Council that was established by the Food Regulation Agreement 2000.

develop, in relation to a food regulatory measure or a variation of a food regulatory measure, includes:

(a)
prepare a draft of the measure or variation; and
(b)
approve a draft of the measure or variation.
food has the meaning given by section 3A.

Food Regulation Agreement 2000 means the Food Regulation Agreement that was entered into on 3 November 2000 between the Commonwealth, the States, the Northern Territory and the Australian Capital Territory.

food regulatory measure means a standard or a code of practice.

former Council means:


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(a)
the Council of Commonwealth, State and Territory Ministers that was established in 1986 by agreement between the Commonwealth, the States and the Northern Territory and is known as the National Food Standards Council; or
(b)
if that Council was reconstituted but continued in existence under that name by agreement between the Commonwealth, the States, the Northern Territory and the Australian Capital Territory, whether entered into before or after this Act commences—that Council as so reconstituted and continued in existence; or
(c)
if that Council was reconstituted but 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.
Gene Technology Regulator has the same meaning as in the Gene Technology Act 2000.

GMO has the same meaning as in the Gene Technology Act 2000.

GM product has the same meaning as in the Gene Technology Act 2000.

member means a member of the Board and includes the Chairperson and the Chief Executive Officer.

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 lead Minister on the Council means the Minister of the government of New Zealand who is:

(a)
a member of the Council; and
(b)
nominated by the government of New Zealand to be the New Zealand lead Minister on the Council.
prepare includes process, manufacture and treat.

produce includes prepare.

standard means:

(aa)
a standard made under this Act after the commencement of Part 1 of Schedule 1 to the Australia New Zealand Food Authority Amendment Act 2001; or
(a)
a standard that has been adopted, or taken to have been adopted, by a former Council under this Act before the commencement of Part 1 of Schedule 1 to the Australia New Zealand Food Authority Amendment Act 2001; or
(b)
a standard that is included in the Australia New Zealand Food Standards Code.
State or Territory authority means a body, whether corporate or not, established by a State or Territory, or by or under a law of a State or Territory.

Territory means the Australian Capital Territory and the Northern Territory.

trust money means money received or held by the Authority on trust.

(3)
A reference in the definition of Australia New Zealand Food Standards Code in subsection (1) to the amendment of the standards in that code includes, and is taken always to have included, a reference to an amendment by way of the insertion, revocation or substitution of a standard in that code.

(4)
A reference in this Act to the variation of a food regulatory measure includes, and is taken always to have included, a reference to the revocation of a food regulatory measure.

FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991
- SECT 3A
Meaning of food

(1)
Food includes:


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(a)
any substance or thing of a kind used, capable of being used, or represented as being for use, for human consumption (whether it is live, raw, prepared or partly prepared); and
(b)
any substance or thing of a kind used, capable of being used, or represented as being for use, as an ingredient or additive in a substance or thing referred to in paragraph (a); and
(c)
any substance used in preparing a substance or thing referred to in paragraph (a); and
(d)
chewing gum or an ingredient or additive in chewing gum, or any substance used in preparing chewing gum; and
(e)
any substance or thing declared to be a food under a declaration in force under section 3B.

(It does not matter whether the substance, thing or chewing gum is in a condition fit for human consumption.)

(2)
However, food does not include a therapeutic good within the meaning of the Therapeutic Goods Act 1989.

(3)
To avoid doubt, food may include live animals and plants.

FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991
- SECT 3B
Declaration of what is food

(1)
After consulting the Authority, the Minister may make a written declaration that a substance or thing is food for the purposes of this Act.

(2)
The Minister must cause a copy of the declaration to be published in the Gazette and in the New Zealand Gazette.

(3)
A declaration takes effect on the day specified in the declaration. That day must not be a day before the declaration is published.

(4)
A declaration is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991
- SECT 4
Operation of Act

(1)
Without prejudice to its effect apart from this section, this Act has effect for any or all of the following purposes:

(a)
for purposes connected with fixing:
(i)
the standard of food sold by corporations; or
(ii)
standards in relation to activities undertaken by corporations in respect of food before, or in connection with, its sale, where, in the case of trading corporations, those activities are undertaken for the purpose of the trading activities of the corporations;
(b)
for the purpose of ensuring, to the extent that the Constitution permits, that trade and commerce in food:
(i)
between Australia and places outside Australia; or
(ii)
among the States;
is carried on in an efficient and profitable manner;
(c)
for purposes connected with the regulation of food and food standards in the Territories;
(d)
for purposes connected with controlling the standards of all food supplied to the Commonwealth, its authorities and its instrumentalities;
(e)
for purposes connected with the fixing of weights and measures in respect of food.
(2)
In subsection (1):

corporation means any corporation to which paragraph 51(xx) of the Constitution is applicable.

trading corporation means a trading corporation to which paragraph 51(xx) of the Constitution is applicable.


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FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991
- SECT 5
Act to bind Crown

This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory but nothing in this Act renders the Crown liable to be prosecuted for an offence.

FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991
- SECT 5A
Application of the Criminal Code

Chapter 2 of the Criminal Code applies to all offences against this Act.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991
Part 2—Establishment, functions and powers of the Authority

FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991
- SECT 6
Establishment of Authority

(1)
The body known immediately before the commencement of this subsection as the Australia New Zealand Food Authority is continued in existence as Food Standards Australia New Zealand.

Note: See also section 25B of the Acts Interpretation Act 1901.

(2)
The Authority:

(a)
is a body corporate with perpetual succession; and
(b)
must have a seal; and
(c)
may sue and be sued in its corporate name.
Note: The Commonwealth Authorities and Companies Act 1997 applies to the Authority. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.

(3)
All courts, judges and persons acting judicially must take judicial notice of the imprint of the seal of the Authority appearing on a document and are to presume that the document was duly sealed.

FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991
- SECT 7
Functions

(1)
The functions of the Authority are:

(a)
in accordance with this Act, to develop standards and variations of standards, and to review standards and variations of standards; and
(b)
in accordance with this Act, to develop codes of practice and variations of codes of practice for industry and to review codes of practice; and
(c)
to develop guidelines to assist the interpretation of the Australia New Zealand Food Standards Code on its own initiative or in consultation with the States, the Territories and any other body or person that the Authority considers appropriate; and
(d)
to promote consistency between standards in Australia and New Zealand with those used internationally, based on the best available scientific evidence; and
(e)
in consultation with the States and Territories, or on its own initiative, to facilitate the harmonisation of State and Territory laws relating to food; and
(f)
in consultation with the States and Territories, or on its own initiative, to co-ordinate the development of procedures required to implement requirements set out in standards; and
(g)
in consultation with the States and Territories, to co-ordinate the monitoring, surveillance and enforcement of activities relating to food available in Australia; and
(h)
in consultation with the States and Territories, or on its own initiative, to conduct research and surveys in relation to any of the matters that may be included in a standard; and
(i)
in co-operation with the States and Territories, to develop food education initiatives, including the publication of information to increase public awareness of food standards and food labels; and
(j)
in co-operation with the Department administering Division 1A of Part V of the Trade Practices Act 1974, to co-ordinate the recall of food under that Division; and
(k)
at the request of the States and Territories, to co-ordinate action by the States and Territories to recall food under State and Territory laws; and
(l)
to develop assessment policies in relation to food imported into Australia; and
(m)
to provide advice to the Minister on matters relating to food; and
(n)
to participate in international, regional and bilateral negotiations on matters that may be included in standards; and
(o)
to make the Authority's knowledge, expertise, equipment, facilities and intellectual property available to other persons on a commercial basis; and
(p)
at the request of New Zealand, to perform functions for New Zealand similar to the functions that the Authority may perform in relation to the States and Territories; and
(q)
at the request of New Zealand, to perform functions for New Zealand similar to the other functions that the Authority may perform; and
(qa)
such other functions as are conferred on the Authority by this Act; and
(r)
any functions incidental to any of the foregoing functions.

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(2)
The function conferred by paragraph (1)(o):

(a)
can only be exercised:
(i)
for a purpose for which the Parliament has power to make laws; or
(ii)
to utilise the Authority's spare capacity; and
(b)
does not authorise the Authority to do something that would impede the Authority's capacity to perform its other functions.

FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991
- SECT 8
Powers

(1)
The Authority has power to do all things necessary or convenient to be done in connection with the performance of its functions and, in particular, may:

(a)
enter into contracts; and
(b)
acquire, hold and dispose of real or personal property; and
(c)
occupy, use and control any land or building owned, or held under lease, by the Commonwealth and made available for the purposes of the Authority; and
(d)
engage persons to perform services for the Authority; and
(e)
provide assistance to bodies or persons to prepare submissions:
(i)
relating to the development or consideration of draft food regulatory measures or draft variations of food regulatory measures; or
(ii)
relating to the performance of any other function of the Authority;
if the Authority determines that such assistance will advance the development or consideration of that draft or the performance of that other function; and
(f)
accept gifts, grants, bequests and advances made to the Authority (whether on trust or otherwise) and act as trustee of money or other property vested in the Authority on trust; and
(fa)
form, or participate in the formation of, companies; and
(fb)
subscribe for or purchase shares in, or debentures and other securities of, companies; and
(fc)
participate in partnerships, trusts and unincorporated joint ventures; and
(g)
do anything incidental to any of its powers.
(2)
The powers of the Authority may be exercised within or outside Australia.

FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991
- SECT 9
Matters that may be included in standards and variations of
standards

(1)
Standards, and variations of standards, developed by the Authority may relate to any of the following:

(a)
the composition of food, including:
(i)
the maximum amounts of contaminants or residues that may be present in the food; and
(ia)
the maximum or minimum amounts of additives that must or may be present in the food; and
(ii)
its microbiological status and safety; and
(iii)
the method of sampling and testing the food to determine its composition;

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(b)
the production of food;
(c)
the handling of food;
(ca)
the prohibition of the sale of food:
(i)
either in all circumstances or in specified circumstances; and
(ii)
either unconditionally or subject to specified conditions;
(d)
any information about food including labelling, promotion and advertising;
(e)
the knowledge, skill, health and hygiene requirements for people handling food;
(f)
the responsibilities of businesses that are handling food relating to any hygiene requirements in force under paragraph (e) for people involved in the business who are handling food;
(g)
the responsibilities of businesses that are handling food to ensure that information in connection with hygiene requirements in force under paragraph
(e)
that is provided by individuals involved in the business and who are handling food remains confidential except in specified circumstances;
(h)
the use of devices of a particular standard to measure the temperature of food;
(i)
the design, construction, maintenance and cleanliness of:
(i)
premises (including fittings and fixtures) at which food is handled; or
(ii)
equipment (including single use items) used to handle food; or
(iii)
vehicles used to transport food;
(j)
the information that a business that handles food may be required to give about the business to State or Territory authorities;
(k)
restrictions on the premises at which, and the persons by whom, particular food may be sold or otherwise supplied;
(l)
restrictions on the publications that may contain advertisements for particular food;
(m)
requirements relating to animals and pests at premises in which food is handled, or in vehicles in which food is transported;
(n)
the interpretation of other standards;
(o)
the application of standards;
(p)
such other public health matters relating to food as are prescribed.
(2)
Without limiting subsection (1), a standard may relate to:

(a)
a class of food generally; or
(b)
a particular brand of food.
(2A)
To avoid doubt, subparagraphs (1)(ca)(i) and (ii) do not, by implication, limit any other paragraph of subsection (1).

(2B)
The matters to which standards, and variations of standards, may relate, are taken always to have included the matter mentioned in paragraph (1)(ca).

(2C)
To avoid doubt, paragraph (2)(a), as in force before the commencement of this subsection, is taken always to have had effect as if the reference in that paragraph to type were a reference to class.

(3)
In this section:

handle, in relation to food, includes produce, collect, receive, store, serve, display, package, transport, dispose of or recall food.

Note: See also the definitions of produce and prepare in subsection 3(1).


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FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991
- SECT 9A
Codes of practice

Codes of practice, and variations of codes of practice, may deal only with matters that may be included in standards.

FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991
- SECT 10
Objectives of the Authority in developing or reviewing food
regulatory measures and variations of food regulatory measures

(1)
The objectives (in descending priority order) of the Authority in developing or reviewing food regulatory measures and variations of food regulatory measures are:

(a)
the protection of public health and safety; and
(b)
the provision of adequate information relating to food to enable consumers to make informed choices; and
(c)
the prevention of misleading or deceptive conduct.
(2)
In developing or reviewing food regulatory measures and variations of food regulatory measures, the Authority must also have regard to the following:

(a)
the need for standards to be based on risk analysis using the best available scientific evidence;
(b)
the promotion of consistency between domestic and international food standards;
(c)
the desirability of an efficient and internationally competitive food industry;
(d)
the promotion of fair trading in food;
(e)
any written policy guidelines formulated by the Council for the purposes of this paragraph and notified to the Authority.
(3)
If any policy guidelines formulated by the Council for the purposes of paragraph (2)(e) are notified to the Authority, the Authority must publish the guidelines on the Internet.

(3A)
Policy guidelines formulated by the Council for the purposes of paragraph (2)(e) must not be inconsistent with the objectives set out in subsection (1).

(4)
Where the Authority considers that the best available scientific evidence referred to in paragraph (2)(a) is insufficient, the Authority may provisionally adopt sanitary or phytosanitary measures on the basis of available pertinent scientific information. In such cases, the Authority must take all reasonable steps to obtain the information necessary for a more objective risk analysis and a review of the sanitary and phytosanitary measures, to be undertaken within a reasonable period of time.

(5)
For the purposes of this section, a sanitary or phytosanitary measure means any measure applied:

(a)
to protect animal or plant life or health from risks arising from the entry, establishment or spread of pests, diseases, disease-carrying organisms or disease-causing organisms; or
(b)
to protect human or animal life or health from risks arising from additives, contaminants, toxins or disease-causing organisms in foods, beverages or feedstuffs; or
(c)
to protect human life or health from risks arising from diseases carried by animals, plants or products thereof, or from the entry, establishment or spread of pests; or
(d)
to prevent or limit other damage from the entry, establishment or spread of pests;

and includes:

(e)
any relevant law, decree, regulation, requirement or procedure, including end product criteria; and
(f)
processes and production methods; and
(g)
testing, inspection, certification and approval procedures; and
(h)
quarantine treatments including relevant requirements associated with the transport of animals or plants, or with the materials necessary for their survival during transport; and
(i)
provisions on relevant statistical methods, sampling procedures and methods of risk assessment; and
(j)
packaging and labelling requirements directly related to food safety.

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FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991
- SECT 10A
Authority to develop three year plan

(1)
Not later than 30 June in each year, the Authority must develop and publish a three year forward plan for applications, proposals and types of applications and proposals on which it intends to develop standards or variations to standards.

(2)
In developing a three year forward plan, the Authority must consult interested persons.

FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991
- SECT 11
Minister may give directions

(1)
Subject to subsection (3), the Minister may give written directions to the Authority as to the performance of its functions and the exercise of its powers and the Authority must comply with those directions.

(2)
The Minister must cause:

(a)
a copy of a direction given under subsection (1); and
(b)
a written statement of the reasons for giving the direction;

to be laid before each House of the Parliament within 15 sitting days of that House after the direction is given.

(3)
The Minister must consult with the Council before he or she gives a direction under subsection (1).

(4)
This section does not affect the application of section 28 of the Commonwealth Authorities and Companies Act 1997 in relation to the Authority.

FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991
- SECT 11A
Notices to be given to the Gene Technology Regulator

If a provision of this Act requires the Authority to give a notice concerning an existing or proposed food regulatory measure to the Gene Technology Regulator, the Authority is only required to give the notice if the food regulatory measure relates to food that is or contains a GMO or a GM product.

FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991
Part 3—Food regulatory measures

FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991
Division 1—Introduction

FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991
- SECT 11A
Simplified explanation of the process for the development of
standards etc.

The following is a simplified explanation of the process for the development or variation of a standard:


* The Authority may develop or vary a standard:

(a) in response to an application that has been accepted by the Authority after an initial assessment; or
(b) by preparing a proposal on its own initiative.


* After conducting a draft assessment of the application or proposal, the Authority must:

(a) prepare a draft; or
(b) reject the application or abandon the proposal.


* If the Authority prepares a draft, the Authority must conduct a final assessment in relation to the draft, and then:

(a) approve the draft and notify the Council; or
(b) reject the draft.


* If a draft is notified to the Council, the Council may request the Authority to review the draft.

* If the Council does not request a review, the draft comes into effect in accordance with a Gazette notice.

* If a review is conducted and the Council still has concerns about the draft, the Council may request a second review.

* If the Council does not request a second review, the draft comes into effect in accordance with a Gazette notice.

* If a second review is conducted and the Council still has concerns about the draft, the Council may amend or reject the draft.

* If the Council does not amend or reject the draft, the draft comes into

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effect in accordance with a Gazette notice.

* If the Council amends the draft, the amended draft comes into effect in accordance with a Gazette notice.

* Special rules apply to urgent applications and urgent proposals.

FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991
- SECT 11B
Definitions

In this Part:

application means an application under section 12.

proposal means a proposal under section 12AA.

urgent application means an application declared to be an urgent application under a declaration in force under subsection 24(1).

urgent proposal means a proposal declared to be an urgent proposal under a declaration in force under subsection 24(1).

FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991
Division 2—Applications and proposals for the development or variation of food regulatory measures

FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991
- SECT 12
Applications for development or variation of a food regulatory
measure

(1)
A body or person may apply to the Authority for the development or variation of a food regulatory measure.

(2)
The application must:

(a)
be in writing; and
(b)
contain, or be accompanied by, information in support of the application; and
(c)
be accompanied by an application fee being the sum of:
(i)
the charge (if any) fixed under section 66 in relation to the making of the initial 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.
Note: The Authority's objectives in developing food regulatory measures and variations of food regulatory measures are set out in section 10. These objectives should be considered in deciding what information to provide in support of an application.

(3)
The applicant must provide, at the request of the Authority, a sample of the food to which the application relates, in such amount and in such manner as is specified by the Authority.

FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991
- SECT 12AA
Authority may prepare proposal for development or variation of a
food regulatory measure

(1)
The Authority may, on its own initiative, prepare a proposal for the development or variation of a food regulatory measure.

(2)
The proposal must be in writing.

FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991
- SECT 12A
Withdrawal of application

(1)
An applicant may withdraw the applicant's application by giving written notice to the Authority at any time before:

(a)
the Authority approves a draft food regulatory measure, or a draft variation of a food regulatory measure, as a result of the application; or
(b)
the Authority rejects the application.

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(2)
If the Authority receives notice of the withdrawal of the application after the application has been accepted (see section 13A), the Authority must give written notice of the withdrawal to:

(a)
each appropriate government agency; and
(b)
each other body or person who made a submission within the specified period in response to a notice given under section 14, 16 or 17; and
(c)
each other body or person who made a submission within the specified period in response to a notice given under section 30A in relation to a notice that the Authority is required to give under section 16 or 17.

FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991
- SECT 12B
Refund of charge if application is withdrawn

(1)
If:

(a)
an application has been accepted by the Authority under section 13A and the applicant has paid to the Authority a charge mentioned in subsection (2) in relation to the application; and
(b)
the application is withdrawn under section 12A;

the Authority must refund so much of the charge as is equivalent to the sum not expended from the charge as is calculated in accordance with the regulations.

(2)
For the purposes of subsection (1), the charges are charges (if any) fixed under section 66 for:

(a)
making the draft assessment of the application under section 15; and
(b)
preparing a draft food regulatory measure, or a draft variation of a food regulatory measure, under section 15A as a result of the application; and
(c)
giving notices under section 16, 17 or 17A in relation to the application; and
(d)
giving notices under section 30A in relation to a notice that the Authority is required to give under section 16, 17 or 17A in relation to the application; and
(e)
making a final assessment under section 16 in relation to a draft food regulatory measure, or a draft variation of a food regulatory measure, prepared as a result of the application.

FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991
- SECT 13
Authority to make initial assessment of application

(1)
The Authority must make an initial assessment of the application.

(2)
In making an initial assessment of the application, the Authority must have regard to the following matters:

(a)
whether the application relates to a matter that may be developed as a food regulatory measure, or that warrants a variation of a food regulatory measure, as the case requires;
(b)
whether the application is so similar to a previous application for the development or variation of a food regulatory measure that it ought not to be accepted;
(c)
whether costs that would arise from a food regulatory measure developed or varied as a result of the application outweigh the direct and indirect benefits to the community, Government or industry that would arise from the measure or variation;
(d)
whether other measures (available to the Authority or not) would be more cost-effective than a food regulatory measure developed or varied as a result of the application;
(e)
any other relevant matters.

FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991
- SECT 13A
Outcome of initial assessment

(1)
After making a initial assessment of the application, the Authority must accept or reject the application.

(2)
If the Authority accepts the application, the Authority must notify the applicant in writing:


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(a)
that the application has been so accepted; and
(b)
that the Authority will make a draft assessment of the application; and
(c)
that the applicant may make written submissions to the Authority on matters relevant to the application within a specified period.
(3)
If the Authority rejects the application, the Authority must notify the applicant in writing that it has been so rejected and give reasons for the rejection.

(4)
The Authority must refund the charge mentioned in subparagraph 12(2)(c)(ii) 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 charge must be refunded as soon as practicable after that time.

(5)
The Authority must refund the charge mentioned in subparagraph 12(2)(c)(ii) 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 charge must be refunded as soon as practicable after the application for review is finalised.

FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991
- SECT 14
Authority to invite submissions about application

(1)
After accepting the application, the Authority must:

(a)
give public notice of the matters mentioned in subsection (3) by public announcement and dissemination in a form the Authority considers will be effective in alerting interested parties to the proposal and which will make the details of the proposal generally accessible; and
(b)
give written notice of those matters to each appropriate government agency.
(2)
The Authority may give notice of the matters mentioned in subsection (3) to another body or person.

(3)
A notice under subsection (1) or (2) must:

(a)
state that the Authority has received an application for the development or variation of a food regulatory measure (as the case requires) on the date specified in the notice; and
(b)
state that the Authority has accepted the application after making an initial assessment of it; and
(c)
state that the Authority will make a draft assessment of the application; and
(d)
state how to obtain further information about the application; and
(e)
invite written submissions on matters relevant to the application to be made to the Authority within the period specified in the notice.

FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991
- SECT 14A
Authority to invite submissions about proposal

(1)
After preparing a proposal for the development or variation of a food regulatory measure, the Authority must:

(a)
give public notice of the matters mentioned in subsection (3); and
(b)
give written notice of those matters to each appropriate government agency.

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(2)
The Authority may give notice of the matters mentioned in subsection (3) to another body or person.

(3)
A notice under subsection (1) or (2) must:

(a)
state that the Authority has prepared a proposal for the development or variation of the measure; and
(b)
state that the Authority will make a draft assessment of the proposal; and
(c)
state how to obtain information about the proposal; and
(d)
invite written submissions on matters relevant to the proposal to be made to the Authority within the period specified in the notice.

FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991
- SECT 15
Draft assessment of application

(1)
The Authority must make a draft assessment of an application that it accepts under section 13A.

(2)
However, the Authority must not make a draft assessment of the application unless the applicant pays to the Authority the sum of the charge (if any) fixed under section 66 in relation to:

(a)
the making of the draft assessment of the application; and
(b)
the giving of notices under section 16, 17 or 17A in relation to the application; and
(c)
the giving of notices under section 30A in relation to a notice that the Authority is required to give under section 16, 17 or 17A in relation to the application; and
(d)
the preparation under section 15A of a draft food regulatory measure, or a draft variation of a food regulatory measure, in relation to the application.
(3)
In making a draft assessment of the application, the Authority must have regard to:

(a)
any submissions made to it within the specified period in response to a notice given under section 13A or 14; and
(b)
the objectives and matters listed in section 10; and
(c)
whether costs that would arise to bodies or persons from a food regulatory measure developed or varied as a result of the application outweigh benefits that would arise to the public from the measure or variation; and
(d)
whether there are any alternatives (available to the Authority or not) which are more cost-effective than a food regulatory measure developed or varied as a result of the application; and
(e)
any other relevant matters.

FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991
- SECT 15AA
Draft assessment of proposal

(1)
The Authority must make a draft assessment of a proposal.

(2)
In making a draft assessment of the proposal, the Authority must have regard to:

(a)
any submissions made to it within the specified period in response to a notice sent or published under section 14A; and
(b)
the objectives and matters listed in section 10; and
(c)
any relevant New Zealand standards; and
(d)
any other relevant matters.

FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991
- SECT 15A
Outcome of draft assessment of application

(1)
After making a draft assessment of the application, the Authority must:

(a)
prepare in writing a draft food regulatory measure or a draft variation of a food regulatory measure; or
(b)
reject the application.

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(2)
The Authority must refund the charge mentioned in paragraph 15(2)(d) 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 charge must be refunded as soon as practicable after that time.

(3)
The Authority must refund the charge mentioned in paragraph 15(2)(d) 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 charge must be refunded as soon as practicable after the application for review is finalised.

FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991
- SECT 15B
Outcome of draft assessment of proposal

After making a draft assessment of a proposal, the Authority must:

(a)
prepare in writing a draft food regulatory measure or a draft variation of a food regulatory measure, as the case requires; or
(b)
abandon the proposal.

FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991
- SECT 16
Notice following preparation of draft food regulatory measure or
variation resulting from an application (charge fixed under section 66)

(1)
This section applies if:

(a)
after making a draft assessment of an application, the Authority prepares a draft food regulatory measure, or a draft variation of a food regulatory measure; and
(b)
a charge has been fixed under section 66 in relation to the making of a final assessment in relation to such a draft.
(2)
The Authority must give written notice to the applicant that:

(a)
states that the draft has been prepared; and
(b)
invites the applicant to request the Authority to make a final assessment in relation to the draft; and
(c)
sets out the effect of subsection (4).
(3)
The applicant may then ask the Authority to make a final assessment in relation to the draft. The request must be in writing.

(4)
However, the Authority must not make the final assessment unless the applicant pays to the Authority the charge fixed under section 66 in relation to the making of the final assessment.

(5)
If the applicant pays the charge referred to in subsection (4) to the Authority, the Authority must:

(a)
by written notice to the applicant, invite written submissions for the purpose of the final assessment to be made to the Authority within the period specified in the notice; and
(b)
give written notice of the matters mentioned in subsection (6) to:

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(i)
each appropriate government agency; and
(ii)
each other body or person who made a submission within the specified period in response to a notice given under section 14; and
(iii)
the public by announcement and dissemination in a form the Authority considers will be effective in alerting interested parties to the draft and which will make the details of the draft generally accessible.
(6)
A notice under paragraph (5)(b) must:

(a)
state that the Authority has prepared a draft food regulatory measure, or a draft variation of a food regulatory measure, and how to obtain further information about it; and
(b)
state that the Authority will make a final assessment in relation to the draft; and
(c)
invite written submissions for the purpose of the final assessment to be made to the Authority within the period specified in the notice.

FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991
- SECT 17
Notice following preparation of draft food regulatory measure or
variation resulting from an application (no charge fixed under section 66)

(1)
This section applies if:

(a)
after making a draft assessment of an application, the Authority prepares a draft food regulatory measure or a draft variation of a food regulatory measure; and
(b)
no charge has been fixed under section 66 in relation to the making of a final assessment in relation to such a draft.
(2)
The Authority must give written notice of the matters mentioned in subsection (3) to:

(a)
the applicant; and
(b)
each appropriate government agency; and
(c)
each other body or person who made a submission within the specified period in response to a notice given under section 14; and
(d)
the public by announcement and dissemination in a form the Authority considers will be effective in alerting interested parties to the draft and which will make the details of the draft generally accessible.
(3)
A notice under subsection (2) must:

(a)
state that the Authority has prepared a draft food regulatory measure, or a draft variation of a food regulatory measure, and how to obtain further information about it; and
(b)
state that the Authority will make a final assessment in relation to the draft; and
(c)
invite written submissions for the purpose of the final assessment to be made to the Authority within the period specified in the notice.

FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991
- SECT 17AA
Notice following preparation of draft regulatory measure or
variation resulting from a proposal

(1)
If, after making a draft assessment of a proposal, the Authority prepares a draft food regulatory measure, or a draft variation of a food regulatory measure, the Authority must give written notice of the matters mentioned in subsection (2) to:

(a)
each appropriate government agency; and
(b)
each other body or person who made a submission within the specified period in response to a notice given under section 14A.

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(2)
The notice must:

(a)
state that the Authority has prepared the draft and how to obtain further information about it; and
(b)
state that the Authority will make a final assessment in relation to the draft; and
(c)
invite written submissions for the purpose of the final assessment to be made to the Authority within the period specified in the notice.

FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991
- SECT 17A
Notice following rejection of application

(1)
If the Authority rejects an application under section 15A, the Authority must give written notice of the decision, and the reasons for it, to the applicant.

(2)
The Authority must also give written notice of the decision to:

(a)
each appropriate government agency; and
(b)
each other body or person who made a submission within the specified period in response to a notice given under section 14.
(3)
A notice under subsection (1) or (2) must also state how to obtain further information about the decision.

FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991
- SECT 17AB
Notice following abandonment of proposal

(1)
If the Authority abandons a proposal under section 15B, it must give written notice of that decision to:

(a)
each appropriate government agency; and
(b)
each other body or person who made a submission within the specified period in response to a notice given under section 14A.
(2)
The notice must state how to obtain further information about the decision and the reasons for it.

FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991
- SECT 17B
Authority must approve or reject codes of practice

(1)
If the Authority makes a final assessment in relation to a draft code of practice or a draft variation of a code of practice, the Authority must approve or reject the draft.

(2)
If another code of practice would be wholly or partly superseded because of the Authority's decision under subsection (1), the Authority must:

(a)
revoke the other code of practice (if it would be wholly superseded); or
(b)
vary the other code of practice (if it would be partly superseded).
(3)
The Authority must give written notice of its decision under subsection
(1)
or (2) to:

(a)
if the draft resulted from an application—the applicant; and
(aa)
the Council; and
(b)
each appropriate government agency; and
(c)
each other body or person who made a submission within the specified period in response to a notice given under section 14 or 14A.
(4)
The notice must:


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(a)
specify the date of effect of the decision; and
(b)
state how to obtain further information about the decision and the reasons for it.

FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991
- SECT 18
Authority must approve or reject draft standards etc.

(1)
If the Authority makes a final assessment in relation to a draft standard or a draft variation of a standard, the Authority must:

(a)
approve the draft; or
(b)
approve the draft subject to such amendments as the Authority considers necessary; or
(c)
reject the draft.
Note: The Board must not delegate its powers to act on behalf of the Authority under this subsection—see section 67.

(2)
To avoid doubt, the draft does not take effect except in accordance with a notice under section 23A.

(3)
If the Authority decides to reject the draft, the Authority must give the Council a written notification of that decision.

FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991
- SECT 19
Authority must notify outcome of final assessment in relation to
draft standards etc.

(1)
If the Authority makes a final assessment in relation to a draft standard or a draft variation of a standard, the Authority must give written notice of the matters set out in subsection (2) to:

(a)
if the draft resulted from an application—the applicant; and
(b)
each appropriate government agency; and
(c)
each other body or person who made a submission within the specified period in response to a notice given under section 16, 17 or 17AA; and
(d)
each other body or person who made a submission within the specified period in response to a notice given under section 30A in relation to a notice that the Authority is required to give under section 16, 17 or 17AA; and
(e)
the public by announcement and dissemination in a form the Authority considers will be effective in alerting interested parties to the draft and which will make the details of the draft generally accessible.
(2)
The notice must:

(a)
set out the nature of the decision made by the Authority under section 18; and
(b)
state how to obtain further information about the decision and the reasons for it.

FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991
- SECT 20
Approved draft standards etc. to be notified to Council

(1)
If the Authority approves a draft standard or variation under section 18 (with or without amendments), the Authority must, within 14 days after the approval, give the Council:

(a)
a written notification of the approval; and
(b)
a copy of the approved draft; and
(c)
a list of the written submissions that were made for the purpose of the draft assessment and final assessment concerned; and
(d)
a statement analysing those submissions; and
(e)
a summary of the Authority's reasons for approving the draft; and
(f)
a Regulation Impact Statement.

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(2)
The things mentioned in paragraphs (1)(c), (d), (e) and (f) may be set out in the same document.

(3)
A failure to comply with paragraph (1)(c), (d), (e) or (f) does not affect the validity of the draft.

(4)
If the Authority approves a draft standard or variation under section 18 (with or without amendments), the Authority must publish on the Internet:

(a)
a copy of the draft; and
(b)
a notice setting out the matters mentioned in subsection (5).
(4A)
As soon as practicable after complying with subsection (4), the Authority must publish in a newspaper circulating in each State or Territory and in New Zealand a copy of the notice mentioned in paragraph (4)(b), together with information about where a copy of the draft may be obtained.

(5)
A notice under subsection (4) must:

(a)
state that the Authority has approved the draft under section 18; and
(b)
state that the Authority has given, or is about to give, the Council a written notification of the approval of the draft; and
(c)
summarise the effect of Divisions 3 and 4 in relation to the notification.
(6)
If the Authority has notified the Council under subsection (1) that the Authority has approved a draft standard or variation (with or without amendments), the Council may direct the Authority to give the Council such information as the Council reasonably requires for the purpose of assisting the Council to make a decision about the draft under section 21, 22 or 23.

FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991
Division 3—Council may request a review of approved draft standard etc.

FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991
- SECT 21
Council may request a first review

(1)
If the Authority notifies the Council under section 20 that the Authority has approved a draft standard or variation (with or without amendments), the Council must, within 60 days after the notification:

(a)
request the Authority to review the draft; or
(b)
inform the Authority that the Council does not intend to request the Authority to review the draft.
(2)
If the Council requests the Authority to review a draft standard or variation, the Council must inform the Authority of the Council's concerns with the draft.

(3)
The Council may give to the Authority such directions as it thinks fit in relation to the conduct of a review of a draft standard or variation.

(4)
Subject to any directions under subsection (3), a review is to be conducted in such manner as the Authority considers appropriate.

(5)
If the Council requests the Authority to review a draft standard or variation, the Authority must complete that review, and make a decision under subsection (6):

(a)
within 3 months after the request was made; or
(b)
if the Council allows a longer period—within that longer period.
(6)
After completing a review under this section of a draft standard or variation, the Authority must:


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(a)
decide to re-affirm its approval of the draft; or
(b)
decide to re-affirm its approval of the draft, subject to such amendments as the Authority considers necessary; or
(c)
decide to withdraw its approval of the draft;

and give the Council:

(d)
written notification of the terms of the Authority's decision; and
(e)
the Authority's reasons for making that decision.
Note: The Board must not delegate its powers to act on behalf of the Authority under this subsection—see section 67.

(7)
In exercising its powers under this section in relation to a draft standard or variation, the Council must comply with:

(a)
the Food Regulation Agreement 2000; and
(b)
the Australia New Zealand Joint Food Standards Agreement.

FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991
- SECT 22
Council may request a second review

(1)
If the Authority notifies the Council that the Authority has:

(a)
made a decision under paragraph 21(6)(a) to re-affirm the Authority's approval of a draft standard or variation; or
(b)
made a decision under paragraph 21(6)(b) to re-affirm the Authority's approval of a draft standard or variation, subject to amendments;

the Council must, within 60 days after the notification:

(c)
request the Authority to review the draft; or
(d)
inform the Authority that the Council does not intend to request the Authority to review the draft.
(2)
If the Council requests the Authority to review a draft standard or variation, the Council must inform the Authority of the Council's concerns with the draft.

(3)
The Council may give to the Authority such directions as it thinks fit in relation to the conduct of a review of a draft standard or variation.

(4)
Subject to any directions under subsection (3), a review is to be conducted in such manner as the Authority considers appropriate.

(5)
If the Council requests the Authority to review a draft standard or variation, the Authority must complete that review, and make a decision under subsection (6):

(a)
within 3 months after the request was made; or
(b)
if the Council allows a longer period—within that longer period.
(6)
After completing a review under this section of a draft standard or variation, the Authority must:

(a)
decide to re-affirm its approval of the draft; or
(b)
decide to re-affirm its approval of the draft, subject to such amendments as the Authority considers necessary; or
(c)
decide to withdraw its approval of the draft;

and give the Council:

(d)
written notification of the terms of the Authority's decision; and
(e)
the Authority's reasons for making that decision.

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Note: The Board must not delegate its powers to act on behalf of the Authority under this subsection—see section 67.

(7)
In exercising its powers under this section in relation to a draft standard or variation, the Council must comply with the Food Regulation Agreement 2000.

FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991
- SECT 23
Council may amend or reject draft after second review

(1)
If the Authority notifies the Council that the Authority has:

(a)
made a decision under paragraph 22(6)(a) to re-affirm the Authority's approval of a draft standard or variation; or
(b)
made a decision under paragraph 22(6)(b) to re-affirm the Authority's approval of a draft standard or variation, subject to amendments;

the Council must, within 60 days after the notification:

(c)
inform the Authority that the Council does not intend to amend or reject the draft; or
(ca)
by written instrument, amend the draft; or
(d)
reject the draft.
(1A)
Before amending the draft standard or variation, the Council must give the Authority an opportunity to submit to the Council a draft of the text of the amendment.

(1B)
As soon as practicable after the Council decides to amend a draft standard or variation, the Council must inform the Authority that the Council has amended the draft, and give the Authority a copy of the amended draft standard or variation.

(2)
If the Council decides to reject the draft, the Council must:

(a)
prepare a notice setting out that decision and the reasons for that decision; and
(b)
give the Authority a copy of the notice; and
(c)
publish a copy of the notice on the Internet and in a newspaper circulating in each State or Territory and in New Zealand.

FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991
Division 4—Publication of standard or variation

FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991
- SECT 23A
Publication of standard or variation

Standard or variation not subject to review at the request of the Council

(1)
If:

(a)
the Authority notifies the Council under section 20 that the Authority has approved a draft standard or variation (with or without amendments); and
(b)
the Council informs the Authority that the Council does not intend to request the Authority to review the draft;

then, as soon as practicable, the Authority must comply with the publication requirements set out in subsection (4) in relation to the draft or the draft as so amended.

Standard or variation subject to a first review at the request of the Council

(2)
If:


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(a)
the Authority notifies the Council under subsection 21(6) that the Authority has:
(i)
made a decision under paragraph 21(6)(a) to re-affirm the Authority's approval of a draft standard or variation; or
(ii)
made a decision under paragraph 21(6)(b) to re-affirm the Authority's approval of a draft standard or variation, subject to amendments; and
(b)
the Council informs the Authority that the Council does not intend to request the Authority to review the draft;

then, as soon as practicable, the Authority must comply with the publication requirements set out in subsection (4) in relation to the draft or the draft as so amended.

Standard or variation subject to a second review at the request of the Council

(3)
If:

(a)
the Authority notifies the Council under subsection 22(6) that the Authority has:
(i)
made a decision under paragraph 22(6)(a) to re-affirm the Authority's approval of a draft standard or variation; or
(ii)
made a decision under paragraph 22(6)(b) to re-affirm the Authority's approval of a draft standard or variation, subject to amendments; and
(b)
the Council informs the Authority that the Council does not intend to amend or reject the draft;

then, as soon as practicable, the Authority must comply with the publication requirements set out in subsection (4) in relation to the draft or the draft as so amended.

Standard or variation amended by the Council at the second review

(3A)
If:

(a)
the Authority notifies the Council under subsection 22(6) that the Authority has:
(i)
made a decision under paragraph 22(6)(a) to re-affirm the Authority's approval of a draft standard or variation; or
(ii)
made a decision under paragraph 22(6)(b) to re-affirm the Authority's approval of a draft standard or variation, subject to amendments; and
(b)
the Council informs the Authority that the Council has amended the draft;

then, as soon as practicable, the Authority must comply with the publication requirements set out in subsection (4) in relation to the draft as so amended.

Publication requirements

(4)
The publication requirements applicable to a draft or draft as amended are as follows:

(a)
the Authority must prepare a notice stating that the draft or the draft as so amended is to come into effect on a date specified in the notice;
(b)
the Authority must cause a copy of the notice to be published in the Gazette and in the New Zealand Gazette and in a newspaper circulating in each State or Territory and in New Zealand, together with information about where a copy of the draft or draft as amended may be obtained or inspected;
(c)
the Authority must make a copy of:

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(i)
the notice; and
(ii)
the text of the draft or the draft as so amended;
available for inspection by the public;
(d)
the Authority must publish on the Internet a copy of:
(i)
the notice; and
(ii)
the text of the draft or the draft as so amended.

When standard or variation made under this Act

(5)
If a standard or variation is the subject of a notice under subsection (4), the standard or variation is taken to have been made under this Act if and when the standard or variation comes into effect in accordance with the notice.

Draft as so amended

(6)
To avoid doubt, a reference in this section to a draft as so amended does not imply that a reference in another provision of this Act to a draft does not include a reference to an amended draft.

FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991
Division 5—Urgent applications and proposals

FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991
- SECT 24
Declaration of urgency

(1)
If the Authority considers that it is appropriate to do so in order to protect public health and safety, the Authority may:

(a)
declare in writing that a specified application made under section 12 is an urgent application for the purposes of this Part; or
(b)
declare in writing that a specified proposal prepared under section 12AA is an urgent proposal for the purposes of this Part;

so long as the application or proposal relates to the development or variation of a standard.

(2)
The Authority must publish a copy of a declaration under subsection (1):

(a)
on the Internet; and
(b)
in a newspaper circulating in each State or Territory and in New Zealand.
(2A)
The Authority must take all reasonable steps to distribute copies of the declaration to the print and electronic media in Australia and New Zealand for the purpose of seeking media publicity about the urgent application or proposal.

(3)
The Authority must give a copy of a declaration under subsection (1) to:

(a)
each appropriate government agency; and
(b)
the Council; and
(c)
if the declaration relates to an application—the applicant.
(4)
Division 2 (other than sections 12 and 12AA) and Divisions 3 and 4 do not apply to an urgent application or an urgent proposal.

(5)
Paragraph 12(2)(c) does not apply to an urgent application.


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FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991
- SECT 25
Preparation of draft standard or variation

(1)
After considering an urgent application, the Authority must:

(a)
prepare in writing a draft standard or a draft variation of a standard; or
(b)
reject the application.
(2)
After considering an urgent proposal, the Authority must:

(a)
prepare in writing a draft standard or a draft variation of a standard, as the case requires; or
(b)
abandon the proposal.
(3)
If, under this section, the Authority prepares a draft standard, or a draft variation of a standard, the Authority must publish on the Internet:

(a)
a copy of the draft; and
(b)
a notice inviting interested persons and appropriate government agencies to give written submissions about the draft to the Authority:
(i)
within 10 business days after the publication of the notice; or
(ii)
if the Authority specifies a shorter period in the notice—within that shorter period.
(4)
As soon as practicable after complying with subsection (3), the Authority must publish in a newspaper circulating in each State or Territory and in New Zealand a copy of the notice mentioned in paragraph (3)(b), together with information about where a copy of the draft may be obtained.

FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991
- SECT 26
Approval and publication of standard or variation

(1)
After considering a draft standard, or a draft variation of a standard, prepared under section 25, the Authority must:

(a)
approve the draft; or
(b)
approve the draft subject to such amendments as the Authority considers necessary; or
(c)
abandon the draft.
Note: The Board must not delegate its powers to act on behalf of the Authority under this subsection—see section 67.

(2)
If interested persons and/or appropriate government agencies have made written submissions about the draft in accordance with the notice under paragraph 25(3)(b), the Authority must have due regard to those submissions in considering the draft.

(3)
To avoid doubt, the draft does not take effect except in accordance with a notice under subsection (4).

Publication

(4)
If the Authority approves a draft standard or variation under this section (with or without amendments), the Authority must:


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(a)
prepare a notice stating that the draft or the draft as so amended is to come into effect on a date specified in the notice; and
(b)
cause a copy of the notice to be published in the Gazette and in the New Zealand Gazette and in a newspaper circulating in each State or Territory and in New Zealand, together with information about where a copy of the draft or draft as amended may be obtained or inspected; and
(c)
make a copy of:
(i)
the notice; and
(ii)
the text of the draft or the draft as so amended;
available for inspection by the public; and
(d)
publish on the Internet a copy of:
(i)
the notice; and
(ii)
the text of the draft or the draft as so amended.

Draft as so amended

(5)
To avoid doubt, a reference in subsection (4) to a draft as so amended does not imply that a reference in another provision of this Act to a draft does not include a reference to an amended draft.

FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991
- SECT 27
Final assessment to be completed within 12 months after standard
or variation comes into effect

(1)
This section applies if the Authority approves a draft standard or variation under section 26 (with or without amendments).

(2)
The Authority must, as soon as practicable, and in any event within 12 months, after the draft comes into effect, complete a final assessment under section 16, 17 or 17AA, whichever is appropriate, in relation to the draft in the same manner as if that draft:

(a)
had been the subject of a draft assessment under section 15 or 15AA; and
(b)
were a draft prepared under section 15A or 15B.

FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991
- SECT 28
Standard or variation to be notified to Council within 14 days
after completion of final assessment

(1)
If the Authority completes a final assessment under section 27 in relation to a standard or variation, the Authority must, within 14 days after the completion of the final assessment:

(a)
decide to re-affirm the standard or variation; or
(b)
decide to prepare a proposal under section 12AA for the development of:
(i)
a variation, or further variation, of the standard; or
(ii)
a replacement standard;

and give the Council:

(c)
written notification of the terms of the Authority's decision; and
(d)
the Authority's reasons for making that decision.
Note 1: The Board must not delegate its powers to act on behalf of the Authority under this subsection—see section 67.

Note 2: Section 28D deals with the consequences of a decision under paragraph (b).


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(2)
If the Authority decides to re-affirm the standard or variation, the Authority must also give the Council:

(a)
a list of the submissions that were made for the purposes of the final assessment; and
(b)
a statement analysing those submissions; and
(c)
a Regulation Impact Statement.
(3)
The things mentioned in paragraphs (1)(d) and (2)(a), (b) and (c) may be set out in the same document.

(4)
If the Authority has notified the Council under subsection 28(1) that the Authority has made a decision under paragraph 28(1)(a) to re-affirm a standard or variation of a standard, the Council may direct the Authority to give the Council such information as the Council reasonably requires for the purpose of assisting the Council to make a decision about the standard or variation under section 28A, 28B or 28C.

FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991
- SECT 28A
Council may request a first review

(1)
If the Authority notifies the Council under subsection 28(1) that the Authority has made a decision under paragraph 28(1)(a) to re-affirm a standard or variation of a standard, the Council may, within 60 days after the notification:

(a)
request the Authority to review the standard or variation; or
(b)
inform the Authority that the Council does not intend to request the Authority to review the standard or variation.
(2)
If the Council requests the Authority to review a standard or variation, the Council must inform the Authority of the Council's concerns with the standard or variation.

(3)
The Council may give to the Authority such directions as it thinks fit in relation to the conduct of a review of a standard or variation.

(4)
Subject to any directions under subsection (3), a review is to be conducted in such manner as the Authority considers appropriate.

(5)
If the Council requests the Authority to review a standard or variation, the Authority must complete that review, and make a decision under subsection (6):

(a)
within 3 months after the request was made; or
(b)
if the Council allows a longer period—within that longer period.
(6)
After completing a review under this section of a standard or variation, the Authority must:

(a)
decide to re-affirm the standard or variation; or
(b)
decide to prepare a proposal under section 12AA for the development of:
(i)
a variation, or further variation, of the standard; or
(ii)
a replacement standard;

and give the Council:

(c)
written notification of the terms of the Authority's decision; and
(d)
the Authority's reasons for making that decision.
Note 1: The Board must not delegate its powers to act on behalf of the Authority under this subsection—see section 67.

Note 2: Section 28D deals with the consequences of a decision under paragraph (b).


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(7)
In exercising its powers under this section, the Council must comply with:

(a)
the Food Regulation Agreement 2000; and
(b)
the Australia New Zealand Joint Food Standards Agreement.

FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991
- SECT 28B
Council may request a second review

(1)
If the Authority notifies the Council under subsection 28A(6) that the Authority has made a decision under paragraph 28A(6)(a) to re-affirm a standard or variation of a standard, the Council may, within 60 days after the notification:

(a)
request the Authority to review the standard or variation; or
(b)
inform the Authority that the Council does not intend to request the Authority to review the standard or variation.
(2)
If the Council requests the Authority to review a standard or variation, the Council must inform the Authority of the Council's concerns with the standard or variation.

(3)
The Council may give to the Authority such directions as it thinks fit in relation to the conduct of a review of a standard or variation.

(4)
Subject to any directions under subsection (3), a review is to be conducted in such manner as the Authority considers appropriate.

(5)
If the Council requests the Authority to review a standard or variation, the Authority must complete that review, and make a decision under subsection (6):

(a)
within 3 months after the request was made; or
(b)
if the Council allows a longer period—within that longer period.
(6)
After completing a review under this section of a standard or variation, the Authority must:

(a)
decide to re-affirm the standard or variation; or
(b)
decide to prepare a proposal under section 12AA for the development of:
(i)
a variation, or further variation, of the standard; or
(ii)
a replacement standard;

and give the Council:

(c)
written notification of the terms of the Authority's decision; and
(d)
the Authority's reasons for making that decision.
Note 1: The Board must not delegate its powers to act on behalf of the Authority under this subsection—see section 67.

Note 2: Section 28D deals with the consequences of a decision under paragraph (b).

(7)
In exercising its powers under this section, the Council must comply with the Food Regulation Agreement 2000.

FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991
- SECT 28C
Council may revoke or amend standard or variation after second
review

(1)
If the Authority notifies the Council that the Authority has made a decision under paragraph 28B(6)(a) to re-affirm a standard or variation, the Council may, within 60 days after the notification:


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(a)
inform the Authority that the Council does not intend to revoke or amend the standard or variation; or
(b)
by written instrument, revoke or amend the standard or variation with effect from a date specified in the instrument.
(2)
If the Council decides to revoke or amend a standard or variation, the Council must:

(a)
prepare a notice setting out the reasons for that decision; and
(b)
give the Authority a copy of the notice; and
(c)
publish a copy of the notice on the Internet and in a newspaper circulating in each State or Territory and in New Zealand.
(3)
Before amending the standard or variation, the Council must give the Authority an opportunity to submit to the Council a draft of the text of the amendment.

(4)
As soon as practicable after the Council decides to revoke or amend the standard or variation, the Authority must:

(a)
prepare a notice stating that the revocation or amendment is to come into effect on the date specified in the instrument of revocation or amendment; and
(b)
cause a copy of the notice to be published in the Gazette and in the New Zealand Gazette and in a newspaper circulating in each State or Territory and in New Zealand, together with information about where the text of the revocation or amendment may be obtained or inspected; and
(c)
make a copy of:
(i)
the notice; and
(ii)
the text of the revocation or amendment;
available for inspection by the public; and
(d)
publish on the Internet a copy of:
(i)
the notice; and
(ii)
the text of the instrument of revocation or amendment.
(5)
If a standard or variation is the subject of a notice under subsection (4), the standard or variation is taken to have been made under this Act if and when the standard or variation comes into effect in accordance with the notice.

FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991
- SECT 28D
Procedure for dealing with alternative variations and replacement
standards

(1)
If:

(a)
the Authority makes a decision under paragraph 28(1)(b), 28A(6)(b) or 28B(6)(b) to prepare a proposal under section 12AA for the development of:
(i)
a variation, or further variation, of a standard; or
(ii)
a replacement standard; and
(b)
the Authority decides that it is appropriate to apply this section to the proposal in order to protect public health and safety;

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this Division applies in relation to the proposal as if:

(c)
the proposal were the subject of a declaration under subsection 24(1); and
(d)
section 27 and subsection 28(2) (which deal with final assessments) had not been enacted; and
(e)
each reference in subsection 28(1) to the completion of a final assessment in relation to a standard or variation were a reference to the preparation of the notice under subsection 26(4) in relation to the standard or variation that results from the proposal.
(2)
The Authority must publish a notice setting out a decision under paragraph (1)(b):

(a)
on the Internet; and
(b)
in a newspaper circulating in each State or Territory and in New Zealand.

FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991
Division 6—Miscellaneous

FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991
- SECT 29
Final assessments may include public hearings

(1)
A final assessment may, at the discretion of the Authority, include a public hearing.

(2)
Where a final assessment includes a public hearing, the Authority, having regard to the confidential nature of any evidence or matter or for any other reason, may direct that any part of the hearing be held in private and determine who may attend.

(3)
The Authority may give directions prohibiting or restricting the publication of evidence given in the course of a final assessment, whether in public or in private, or of matters contained in documents produced in the course of a final assessment.

FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991
- SECT 30
General conduct of final assessments

Subject to this Act, in a final assessment:

(a)
the procedure to be followed is within the Authority's discretion; and
(b)
the Authority:
(i)
is not bound to act in a formal manner; and
(ii)
is not bound by the rules of evidence; and
(iii)
may inform itself on any matter in such manner as it thinks fit; and
(iv)
may receive written or oral information or submissions; and
(v)
may consult with such persons as it thinks fit.

FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991
- SECT 30A
Authority may give notice

(1)
If the Authority is required to give notice of a matter to a body or person under this Part, the Authority:

(a)
must give public notice of the matter; and
(b)
may also give notice of the matter to another body or person (if it considers it appropriate to do so).
(2)
A notice given under subsection (1) in relation to a matter need not be in the same terms as the notice that the Authority is required to give in relation to the matter.

(3)
Subsection (1) does not apply to a notice under section 20.


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FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991
- SECT 30B
Manner of giving notice

Notice that the Authority is required or permitted to give under this Part may be given in Australia or New Zealand in any manner that the Authority considers appropriate and efficient.

FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991
- SECT 33
Review of food regulatory measures

(1)
The Authority may review a food regulatory measure at the request of a body or person, or on its own initiative, in such manner as the Authority considers appropriate.

(1A)
If the Council requests the Authority to review a standard:

(a)
the Authority must review the standard; and
(b)
subject to any directions under subsection (1B), the Authority may conduct the review in such manner as the Authority considers appropriate.
(1B)
The Council may give to the Authority such directions as it thinks fit in relation to the conduct of a review under subsection (1A).

(1C)
If the Council requests the Authority to review a standard under subsection (1A), the Authority must complete that review:

(a)
within 3 months after the request was made; or
(b)
if the Council allows a longer period—within that longer period.
(1D)
After completing a review under subsection (1A), the Authority must notify the Council of the result of the review.

(2)
As soon as practicable after the Authority has reviewed a food regulatory measure under this section, it may prepare a proposal for the development of a food regulatory measure in substitution for the food regulatory measure that has been reviewed.

(3)
When the Authority prepares a proposal under this section, this Part has effect as if the proposal were a proposal under section 12AA.

FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991
- SECT 34
Authority may require further information

(1)
If the Authority is of the opinion that it needs more information:

(a)
to enable an initial or draft assessment of an application for the development or variation of a food regulatory measure to be properly made; or
(b)
to enable the Authority to complete a final assessment in relation to a draft food regulatory measure or a draft variation of a food regulatory measure that has been prepared as a result of such an application;

the Authority may request the applicant to provide it with such further information as is specified in the request within such reasonable time as is specified in the request.

(2)
If the applicant refuses or fails to comply with the request, without reasonable excuse, the application is taken to have been withdrawn. The Authority must give written notice of that fact to the applicant.

(3)
If the Authority accepts an application under section 13A but the application is taken to have been withdrawn under this section, the Authority must also give written notice of the withdrawal to:

(a)
each appropriate government agency; and
(b)
each other body or person who made a submission within the specified period in response to a notice given under section 14, 16 or 17; and
(c)
each other body or person who made a submission within the specified period in response to a notice given under section 30A in relation to a notice that the Authority is required to give under section 16 or 17.

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FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991
- SECT 35
Authority to decisions under section 18 within a certain
time

(1)
Subject to subsection (1A), if the Authority prepares a draft standard or a draft variation of a standard, it must make a decision under section 18 concerning that draft standard or variation within 12 months or such shorter period as may be prescribed after the receipt of the application that gave rise to that draft standard or variation.

(1A)
In the case of a draft standard or draft variation of a standard arising from an application considered in year 2 or 3 of the Authority's work plan, the Authority must make a decision under section 18 concerning that draft standard or draft variation of a standard within 12 months after the application was accepted.

(2)
The Authority may extend the period if it is not practicable for the decision to be made within the period.

(3)
The maximum period for which an extension may be given under subsection
(2)
is 6 months.

(4)
If the Authority requests an applicant under subsection 34(1) to provide it with further information, the time taken by the applicant to provide the information needed by the Authority to enable it to carry out the function specified in that subsection 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).

(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(2) to pay an amount before a draft assessment of the application is made;

the assessment notice period 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).

(5A)
If:

(a)
the Authority prepares a draft standard, or a draft variation of a standard, as a result of an application; and
(b)
the applicant is required by subsection 16(4) to pay an amount before the Authority makes a final assessment in relation to the draft;

the final assessment notice period 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).

(6)
If an application is made to the Administrative Appeals Tribunal for the review of a decision of the Authority made in connection with the preparation of a draft standard or a draft variation of a standard, the review period 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)
In this section:

assessment notice period, in relation to an application made under section 12, means the period:

(a)
beginning on the day on which notice is given to the applicant under paragraph 13A(2)(a); and
(b)
ending at the end of the day when the applicant pays the amount referred to in subsection 15(2) to the Authority.
decision has the same meaning as in the Administrative Appeals Tribunal Act 1975.

final assessment notice period, in relation to an application made under section 12, means the period:

(a)
beginning on the day on which notice is given to the applicant under subsection 16(1); and
(b)
ending at the end of the day when the applicant pays the amount referred to in subsection 16(4) to the Authority.

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review period, in relation to an application to the Administrative Appeals Tribunal for the review of a decision of the Authority, means the period:

(a)
beginning on the day on which the application for review is made; and
(b)
ending at the end of the day on which the application for review is finalised.

FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991
- SECT 36
Authority may simplify application or proposal procedure

(1)
This section applies in relation to:

(a)
an application made under section 12; or
(b)
a proposal prepared under section 12AA.
(1A)
The Authority may decide not to do something that the Authority is required to do under this Part (except sections 13, 13A, 16, 17, 17AA and 19) in relation to the application or the proposal if the Authority is satisfied that:

(a)
omitting to do the thing will not have a significant adverse effect on the interests of anyone; or
(b)
the application or proposal raises issues of minor significance or complexity only.
(1B)
If the decision relates to an application, the Authority must give written notice of its decision to:

(a)
the applicant; and
(b)
each appropriate government agency; and
(c)
each other body or person that has made a submission within the specified period in response to a notice under section 14, 16 or 17; and
(d)
each other body or person who made a submission within the specified period in response to a notice given under section 30A in relation to a notice that the Authority is required to give under section 16 or 17.
(1C)
If the decision relates to a proposal, the Authority must give written notice of its decision to:

(a)
each appropriate government agency; and
(b)
each other body or person that has made a submission within the specified period in response to a notice under section 14A or 17AA; and
(c)
each other body or person who made a submission within the specified period in response to a notice given under section 30A in relation to a notice that the Authority is required to give under section 17AA.
(2)
For the purpose of facilitating a decision made by the Authority in respect of an application or proposal referred to in subsection (1), the regulations may provide for the application of the provisions, or of specified provisions, of this Part, subject to such modifications and adaptations (if any) as are prescribed, in relation to that application or proposal.

FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991
- SECT 36A
Authority may rely on work or processes of other government
agencies

(1)
The Authority may decide, in writing, not to do something that it is required to do under this Part in relation to an application made under section 12, or a proposal prepared under section 12AA, if the Authority considers that doing the thing would be a duplication of work already done, or a process already gone through, by another government agency.

(2)
If the decision relates to an application, the Authority must give written notice of its decision to:


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(a)
the applicant; and
(b)
each appropriate government agency; and
(c)
each other body or person that has made a submission within the specified period in response to a notice under section 14, 16 or 17; and
(d)
each other body or person who made a submission within the specified period in response to a notice given under section 30A in relation to a notice that the Authority is required to give under section 16 or 17.
(2A)
If the decision relates to a proposal, the Authority must give written notice of its decision to:

(a)
each appropriate government agency; and
(b)
each other body or person that has made a submission within the specified period in response to a notice under section 14A or 17AA; and
(c)
each other body or person who made a submission within the specified period in response to a notice given under section 30A in relation to a notice that the Authority is required to give under section 17AA.
(2B)
The notice must:

(a)
identify the government agency referred to in subsection (1); and
(b)
contain a brief statement of the work the agency has done or the process it has gone through.
(3)
The regulations may modify the provisions of this Part, or specified provisions of this Part, as they apply to the application or proposal, to take account of the Authority's decision.

(4)
In this section:

government agency means:

(a)
a Department of State of:
(i)
the Commonwealth; or
(ii)
a State or Territory; or
(iii)
New Zealand; or
(b)
a body (whether incorporated or not) established by, or by a law of:
(i)
the Commonwealth; or
(ii)
a State or Territory; or
(iii)
New Zealand.

FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991
- SECT 38
Arrangements with Commonwealth Departments etc.

The Authority may make arrangements:

(a)
with an Agency Head (within the meaning of the Public Service Act 1999) or the Chief Officer of any Commonwealth authority; or
(b)
with the Secretary of a Department of the Public Service of a State or Territory, or the Chief Officer of a State or Territory authority; or
(ba)
with the chief executive of a Department of State of New Zealand or the Chief Officer of a New Zealand authority; or
(c)
with the Chief Officer of any other authority or body;

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for:

(d)
the services of officers or employees in those Agencies, Departments, authorities or bodies to be made available to the Authority; or
(e)
officers or employees in those Agencies, Departments, authorities or bodies to give advice to the Authority.

FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991
- SECT 39
Confidential commercial information

(1)
It is the duty of a person who is a member of the Board, a member of the staff of the Authority, a member of a committee or a person engaged as a consultant under section 54 not to disclose any confidential commercial information in respect of food that has been acquired by the person because of being such a member or consultant.

(2)
Subsection (1) does not apply to anything done in the performance of duties, or in the exercise of powers or functions, under this Act.

(3)
Subsection (1) does not preclude the disclosure of confidential commercial information in respect of food to a court in any proceeding but the court must do all things necessary to prevent disclosure of that information to any other person otherwise than for the purpose of the proceedings.

(4)
Despite subsection (1), the Chief Executive Officer may, in respect of confidential commercial information acquired in respect of food by a member of the Board, a member of the staff of the Authority, a member of a committee, or a person engaged as a consultant under section 54, because of being such a member or consultant:

(a)
if the Minister certifies, by instrument, that it is necessary in the public interest that the information should be disclosed to a specified person—disclose that information to that person; or
(b)
disclose that information to any prescribed authority or person; or
(c)
disclose that information to a person or body who, in the opinion of the Chief Executive Officer, is expressly or impliedly authorised to obtain that information by the applicant for the development or variation of a food regulatory measure, in respect of the food concerned.
(5)
The Chief Executive Officer must not disclose, under paragraph (4)(a), any confidential commercial information given by a person in respect of food unless the Chief Executive Officer:

(a)
has advised the person, in writing, of the Chief Executive Officer's intention to disclose the information and of the reasons for disclosing that information; and
(b)
has given the person a reasonable opportunity to communicate the person's views about the proposed disclosure of that information; and
(c)
has taken into account any views so communicated.
(6)
Any authority or person to whom information is disclosed under subsection (4), and any person under the control of that authority or person, is, in respect of that information, subject to the same obligations as if that authority or person were a person referred to in subsection (1) who had acquired the information in the circumstances set out in subsection (1).

(7)
Despite subsection (1), the Chief Executive Officer may permit confidential commercial information in respect of food to be disclosed:

(a)
to an Agency Head (within the meaning of the Public Service Act 1999) or the Chief Officer of a Commonwealth authority for the purpose of enabling the Agency or authority to perform any arrangements made with the Authority in accordance with paragraph 38(a); or
(b)
to the Secretary of a Department of the Public Service of a State or Territory or the Chief Officer of a State or Territory authority for the purpose of enabling the Department or authority to perform any arrangements made with the Authority in accordance with paragraph 38(b); or
(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
(c)
to the Chief Officer of any other authority or body for the purpose of enabling that authority or body to perform any arrangements made with the Authority in accordance with paragraph 38(c).

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(8)
A person to whom information is disclosed under subsection (7) and any person under the control of the first-mentioned person to whom that information is disclosed for the purposes of an arrangement under section 38, must not, directly or indirectly, except for the purposes of that arrangement, disclose the information to any person while the person is, or after the person ceases to be, such a person.

Penalty: Imprisonment for 2 years.

(9)
The powers conferred by subsection (7) are in addition to, and not in derogation of, the powers conferred by subsection (4).

(10)
Nothing in subsection (4) or (7) is taken to limit the generality of subsection (3) or the operation of subsection (2).

(11)
In this section:

court includes a tribunal, authority or person having power to require the production of documents or the answering of questions.

FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991
Part 4—The Board, the Chief Executive Officer and the Authority's staff

FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991
Division 1—The Board

FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991
- SECT 39A
Board

(1)
The affairs of the Authority are to be conducted by a Board to be known as the Board of Food Standards Australia New Zealand.

(2)
All acts and things done in the name of, or on behalf of, the Authority by the Board or with the authority of the Board are taken to have been done by the Authority.

(3)
To avoid doubt, a reference in subsection (2) to a thing done includes a reference to a state of mind attained or an opinion formed.

FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991
- SECT 40
Constitution of Board

(1)
The Board consists of:

(a)
a Chairperson; and
(b)
the Chief Executive Officer; and
(c)
2 members nominated by the New Zealand lead Minister on the Council for the purposes of this paragraph; and
(ca)
one member nominated by the New Zealand lead Minister on the Council for the purposes of this paragraph; and
(d)
a member nominated by consumer organisations; and
(e)
a member nominated by the National Health and Medical Research Council; and
(f)
3 members nominated by organisations, or public bodies, established for purposes relating to science or public health; and
(g)
2 members nominated by organisations, or public bodies, established for purposes relating to the food industry.
(1A)
A member mentioned in paragraph (1)(a), (c), (ca), (d), (e), (f) or
(g)
is to be appointed by the Minister.

(1B)
The Minister may appoint a person as a member mentioned in paragraph (1)(a), (d), (e), (f) or (g) only if the Council has agreed to the appointment.

(2)
Before appointing a person as a member mentioned in paragraph (1)(c) or (ca), the Minister must consult with the Council.

(2A)
The Chief Executive Officer is automatically a member and does not have to be appointed as a member. The following references in this Division to a member do not apply to the Chief Executive Officer:

(a)
subsections (7) and (8) of this section;
(b)
section 41;
(c)
section 44;
(d)
section 45;
(e)
section 46;
(f)
section 51;
(g)
section 52.

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Note: See Division 2 for the appointment, and terms and conditions of appointment, of the Chief Executive Officer and for other matters relating to the Chief Executive Officer.

(2B)
The Minister may appoint a person as a member mentioned in paragraph (1)(a) or (c) only if the Minister is satisfied that the person is suitably qualified for appointment because of expertise in one or more of the following fields:

(a)
public health;
(b)
consumer affairs;
(c)
food science;
(d)
food allergy;
(e)
human nutrition;
(f)
medical science;
(g)
microbiology;
(h)
food safety;
(i)
biotechnology;
(j)
veterinary science;
(k)
the food industry;
(l)
food processing or retailing;
(m)
primary food production;
(n)
small business;
(o)
international trade;
(p)
government;
(q)
food regulation.
(2C)
The Minister may appoint a person as a member mentioned in paragraph (1)(ca) only if the Minister is satisfied that the person is suitably qualified for appointment because of expertise in one or more of the following fields:

(a)
public health;
(b)
consumer affairs;
(c)
food science;
(d)
food allergy;
(e)
human nutrition;
(f)
medical science;
(g)
microbiology;
(h)
food safety;
(i)
biotechnology;
(j)
veterinary science.
(3)
The Minister may appoint a person as a member mentioned in paragraph (1)(f) only if:

(a)
the Minister is satisfied that the person is suitably qualified for appointment because of expertise in one or more of the following fields:
(i)
public health;
(ii)
consumer affairs;
(iii)
food science;
(iv)
food allergy;
(v)
human nutrition;
(vi)
medical science;
(vii)
microbiology;
(viii)
food safety;
(ix)
biotechnology;
(x)
veterinary science; and
(b) the Minister has sought nominations from such organisations and public bodies as are prescribed by the regulations for the purposes of:

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(i)
if the person is suitably qualified for appointment because of expertise in only one field mentioned in paragraph (a)—the subparagraph of paragraph (a) that is applicable to that field; or
(ii)
if the person is suitably qualified for appointment because of expertise in more than one field mentioned in paragraph (a)—a subparagraph of paragraph (a) that is applicable to one of those fields; and
(c)
the person has been so nominated.
(4)
The Minister may appoint a person as a member mentioned in paragraph (1)(g) only if:

(a)
the Minister is satisfied that the person is suitably qualified for appointment because of expertise in one or more of the following fields:
(i)
the food industry;
(ii)
food processing or retailing;
(iii)
primary food production;
(iv)
small business;
(v)
international trade;
(vi)
government;
(vii)
food regulation; and
(b) the Minister has sought nominations from such organisations and public bodies as are prescribed by the regulations for the purposes of:
(i)
if the person is suitably qualified for appointment because of expertise in only one field mentioned in paragraph (a)—the subparagraph of paragraph (a) that is applicable to that field; or
(ii)
if the person is suitably qualified for appointment because of expertise in more than one field mentioned in paragraph (a)—a subparagraph of paragraph (a) that is applicable to one of those fields; and
(c)
the person has been so nominated.
(5)
The Minister may only appoint a person as a member mentioned in paragraph (1)(d) if the Minister is satisfied that the person has a good knowledge of consumer rights and consumer affairs policy in Australia.

(7)
The Chairperson and the other members hold office on a part-time basis.

(8)
The members hold office on such terms and conditions (if any) in respect of matters not provided for by this Act as are determined by the Minister in writing.

(9)
The performance of a function or the exercise of a power by the Board is not affected by a vacancy or vacancies in the membership of the Board.

FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991
- SECT 41
Appointment of members

(1)
Each member is to be appointed with effect from such day as the Minister specifies in the instrument of appointment of that member.

(2)
A member holds office for the period specified in the instrument of appointment. The period must not exceed 4 years.

(4)
A person appointed as a member is eligible for reappointment for a second term but must not be reappointed for a third or subsequent term.

(5)
If:

(a)
a member holds office for a particular period (the original period); and
(b)
the Minister does not make a decision before the end of the original period to re-appoint, or not to re-appoint, the member;

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then, subject to this Part, the member continues to hold office on the basis that the original period is extended until:

(c)
the end of the period of 6 months beginning at the end of the original period; or
(d)
the Minister notifies the member that the Minister has decided not to re-appoint the member; or
(e)
the Minister signs an instrument re-appointing the member;

whichever first happens.

(6)
As soon as practicable after subsection (5) begins to apply to a member, the Authority must cause to be published in the Gazette a notice describing the circumstances in which that subsection has begun to apply to the member.

(7)
As soon as practicable after subsection (5) ceases to apply to a member, the Authority must cause to be published in the Gazette a notice describing the circumstances in which that subsection has ceased to apply to the member.

(8)
The Minister must not appoint a person as the Chairperson if, at any time during the period of 2 years ending immediately before the proposed period of appointment, the person was employed by, or had a pecuniary interest in, a body corporate whose primary commercial activity relates directly to the production or manufacture of food.

(8A)
For the purposes of subsection (8):

(a)
a director (however described) of a body corporate is taken to be employed by the body corporate; and
(b)
the secretary (however described) of a body corporate is taken to be employed by the body corporate.
(9)
The Minister must not appoint a person as a Chairperson if the person has a pecuniary interest in a body corporate whose primary commercial activity relates directly to the production or manufacture of food.

FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991
- SECT 43
Committees

(1)
The Board may establish such committees as it thinks fit to assist it in carrying out its functions, and may abolish any such committee.

(2)
A committee established under this section consists of such persons (whether members of the Board or not) as the Board from time to time appoints.

(3)
The Board may give to a committee established under this section such directions as it thinks fit, including:

(a)
directions as to the manner in which the committee is to carry out its functions; and
(b)
directions with respect to the procedure to be followed in relation to meetings of the committee, including directions with respect to:
(i)
the convening of meetings of the committee; and
(ii)
the number of members of the committee to constitute a quorum; and
(iii)
the appointment of a member of the committee to preside at meetings of the committee; and
(iv)
the manner in which questions arising at a meeting of the committee are to be decided; and
(v)
the voting rights of members of the committee; and
(vi)
the disclosure of members' interests in matters being considered by the committee.
(4)
In exercising its powers under subsection (1), (2) or (3), the Authority must comply with any directions given to it by the Council.

(5)
The Board must keep the Council informed of:

(a)
the establishment or abolition of a committee; and
(b)
any directions given by the Board to a committee.

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FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991
- SECT 44
Remuneration and allowances

(1)
This section applies to members of the Board and of committees.

(2)
Subject to subsection (3), a person to whom this section applies is to be paid:

(a)
such remuneration as is determined by the Remuneration Tribunal but, if no determination of that Tribunal is in force, such remuneration as is prescribed; and
(b)
such allowances as are prescribed.
(3)
If a person to whom this section applies is also:

(a)
in the service or employment of, or of an authority of, the Commonwealth, a State, a Territory or New Zealand on a full-time basis; or
(b)
a person who holds or performs the duties of an office or position established by or under a law of the Commonwealth, a State, a Territory or New Zealand on a full-time basis;

the person is not entitled to remuneration under this Act.

(4)
This section has effect subject to the Remuneration Tribunal Act 1973.

FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991
- SECT 45
Leave of absence of members

(1)
The Minister may grant leave of absence to the Chairperson on such terms and conditions as the Minister determines.

(2)
The Chairperson may grant leave of absence to any other member on such terms and conditions as the Chairperson determines.

FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991
- SECT 46
Acting appointments

(1)
The Minister may appoint a person to act as the Chairperson:

(a)
during a vacancy in the office of Chairperson, whether or not an appointment has previously been made to the office; or
(b)
during any period, or during all periods, when the Chairperson is absent from duty or from Australia or is, for any other reason, unable to perform the duties of the office.
(2)
The Minister may appoint a person other than the Chairperson to act as a member:

(a)
during a vacancy in the office of that member, whether or not an appointment has previously been made to the office; or
(b)
during any period, or during all periods, when that member is absent from Australia or is, for any reason, unable to perform the duties of the office.
(3)
Anything done by a person purporting to act under an appointment under this section is not invalid merely because:

(a)
the occasion for the appointment had not arisen; or
(b)
there was a defect or irregularity in or in connection with the appointment; or
(c)
the appointment had ceased to have effect; or
(d)
the occasion for the person to act had not arisen or had ceased.

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FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991
- SECT 47
Meetings

(1)
The Board is to hold such meetings as are necessary for the efficient performance of its functions.

(2)
The Chairperson:

(a)
may convene a meeting at any time; and
(b)
must convene a meeting on receipt of a written request signed by not less than 3 other members.
(3)
The Chairperson is to preside at all meetings at which he or she is present.

(4)
If the Chairperson is not present at a meeting, the members present must appoint one of their number to preside.

(5)
A majority of the members for the time being of the Board as constituted in a particular manner constitute a quorum for the Board as so constituted.

(6)
Questions arising at a meeting of the Board as constituted in a particular manner are to be determined by a majority of the votes of the members of the Board as so constituted present and voting.

(7)
The person presiding at a meeting of the Board has a deliberative vote and, if necessary, also has a casting vote.

FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991
- SECT 48
Conduct of meetings

(1)
The Board may, subject to this Part, regulate proceedings at its meetings as it considers appropriate.

(2)
Without limiting subsection (1), the Board may permit members to participate in a particular meeting, or all meetings, by:

(a)
telephone; or
(b)
closed-circuit television; or
(c)
any other means of communication.
(3)
A member who is permitted to participate in a meeting under subsection (2) is to be regarded as being present at that meeting.

FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991
- SECT 49
Resolutions without formal meetings

Where the Board so determines, a resolution is taken to have been passed at a meeting of the Board if:

(a)
without meeting, a majority of the number of members indicate agreement with the resolution in accordance with the method determined by the Board; and
(b)
that majority would, if present at a meeting of the Board, have constituted a quorum under subsection 47(5).

FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991
- SECT 50
Disclosure of interests

(4)
A member who has a material personal interest, including an interest in relation to academic or research associations of the member, in a matter being considered or about to be considered by the Board in accordance with section 49 must, as soon as practicable after the relevant facts have come to the member's knowledge, disclose the nature of that interest to the Minister.

(5)
The Board must establish and maintain a system for the declaration and registration of material personal interests of its members.

(6)
The entries recorded in the register of members' interests must be published by the Board on the Internet.

FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991
- SECT 51
Resignation

A member may resign by instrument in writing delivered to the Minister.


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FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991
- SECT 52
Termination of appointment

(1)
The Minister may terminate the appointment of a member for misbehaviour or physical or mental incapacity.

(2)
If:

(a)
a member becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of remuneration for their benefit; or
(b)
a member fails, without reasonable excuse, to comply with section 50 of this Act or section 27F or 27J of the Commonwealth Authorities and Companies Act 1997; or
(c)
a member, being the Chairperson:
(i)
engages, except with the approval of the Minister, in paid employment outside the duties of his or her office; or
(ii)
is absent from duty, except on leave of absence granted by the Minister, for 14 consecutive days or for 28 days in any 12 months; or
(d)
a member, other than the Chairperson:
(i)
engages in any paid employment that, in the Minister's opinion, conflicts with the proper performance of the member's functions; or
(ii)
is absent, except on leave of absence granted under subsection 45(2), from 3 consecutive meetings of the Board;

the Minister may terminate the appointment of the member.

FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991
Division 2—The Chief Executive Officer

FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991
- SECT 52A
Appointment

(1)
There is to be a Chief Executive Officer of the Authority.

(2)
The Chief Executive Officer is to be appointed by the Board on a full-time basis.

(3)
The Minister must not appoint a person as the Chief Executive Officer if, at any time during the period of 2 years ending immediately before the proposed period of appointment, the person was employed by a body corporate whose primary commercial activity relates directly to the production or manufacture of food.

(3A)
For the purposes of subsection (3):

(a)
a director (however described) of a body corporate is taken to be employed by the body corporate; and
(b)
the secretary (however described) of a body corporate is taken to be employed by the body corporate.
(4)
The Minister must not appoint a person as the Chief Executive Officer if the person has a pecuniary interest in a body corporate whose primary commercial activity relates directly to the production or manufacture of food.

FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991
- SECT 52B
Duties

(1)
The Chief Executive Officer is responsible for the day-to-day administration of the Authority and the control of its operations.

(2)
The Chief Executive Officer is to act in accordance with any policies determined, and any directions given, by the Board in writing.

(3)
The Chief Executive Officer is not authorised to act on behalf of the Authority under:

(a)
section 18; or
(b)
subsection 21(6); or
(c)
subsection 22(6); or
(d)
subsection 26(1); or
(e)
subsection 28(1); or
(f)
subsection 28A(6); or
(g)
subsection 28B(6).

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FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991
- SECT 52C
Delegation

The Chief Executive Officer may, in writing, delegate to a member of the staff of the Authority all or any of the functions or powers of the Chief Executive Officer.

FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991
- SECT 52D
Remuneration and allowances

(1)
The Chief Executive Officer is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the Chief Executive Officer is to be paid the remuneration that is determined in writing by the Board.

(2)
The Chief Executive Officer is to be paid the allowances that are determined in writing by the Board.

(3)
This section has effect subject to the Remuneration Tribunal Act 1973.

FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991
- SECT 52E
Resignation

The Chief Executive Officer may resign by giving the Board a written resignation.

FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991
- SECT 52F
Other terms and conditions

The Board may determine in writing the other terms and conditions on which the Chief Executive Officer holds office (including terms and conditions in relation to termination of appointment).

FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991
- SECT 52G
Acting Chief Executive Officer

(1)
The Board may appoint a person to act as the Chief Executive Officer:

(a)
during a vacancy in the office of Chief Executive Officer, whether or not an appointment has previously been made to that office; or
(b)
during any period, or during all periods, when the Chief Executive Officer is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.
(2)
Anything done by or in relation to a person purporting to act under an appointment is not invalid merely because:

(a)
the occasion for the appointment had not arisen; or
(b)
there was a defect or irregularity in connection with the appointment; or
(c)
the appointment had ceased to have effect; or
(d)
the occasion to act had not arisen or had ceased.

FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991
Division 3—Staff and consultants

FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991
- SECT 53
Staff of Authority

(1)
The staff of the Authority are persons engaged under the Public Service Act 1999.

(2)
For the purposes of the Public Service Act 1999:

(a)
the Chief Executive Officer and the APS employees assisting the Chief Executive Officer together constitute a Statutory Agency; and
(b)
the Chief Executive Officer is the Head of that Statutory Agency.

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FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991
- SECT 54
Consultants

(1)
The Chief Executive Officer, on the Authority's behalf, may engage as consultants persons having suitable qualifications and experience.

(2)
The terms and conditions of engagement of consultants are such as are determined by the Chief Executive Officer.

FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991
Part 5—Finance

FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991
- SECT 55
Money to be appropriated

(1)
There is payable to the Authority such money as is from time to time appropriated by the Parliament for the purposes of the Authority.

(2)
The Minister for Finance may give directions as to the amounts in which, and the times at which, money referred to in subsection (1) is to be paid to the Authority.

FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991
- SECT 57
Money of Authority

(1)
The money of the Authority consists of:

(a)
money paid to the Authority under section 55; and
(ab)
money paid to the Authority under section 65A; and
(ac)
money paid to the Authority under section 66 or 66A; and
(b)
any other money, other than trust money, paid to the Authority.
(2)
The money of the Authority is to be applied only:

(a)
in payment or discharge of the expenses, obligations and liabilities of the Authority arising under this Act; and
(b)
in payment of remuneration and allowances payable under this Act; and
(c)
in making any other payments required or permitted to be made by the Authority.
(3)
Subsection (2) does not prevent investment of surplus money of the Authority under section 18 of the Commonwealth Authorities and Companies Act 1997.

FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991
- SECT 58
Taxation

The Authority is not subject to taxation under any law of the Commonwealth, of a State or of a Territory.

FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991
- SECT 60
Trust money

(1)
The Authority:

(a)
may receive money from any body or person on trust for application towards a particular purpose consistent with the functions of the Authority; and
(b)
must pay trust money into an account or accounts referred to in subsection 18(2) of the Commonwealth Authorities and Companies Act 1997 containing no money other than trust money; and
(c)
must apply or deal with trust money only in accordance with the powers and duties of the Authority as trustee; and
(d)
may only invest trust money:
(i)
in any manner in which the Authority is authorised to invest the money by the terms of the trust; or
(ii)
in any manner in which trust money may be lawfully invested.

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FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991
Part 6—Miscellaneous

FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991
- SECT 61
False or misleading information or evidence

(1)
A person must not:

(a)
give to the Authority information (whether orally or in writing) or documents that the person knows to be false or misleading in a material particular; or
(b)
in the course of a final assessment, give evidence, or produce a document, that the person knows to be false or misleading in a material particular.

Penalty: $2,000.

(2)
Subsection (1) does not apply to a document that is false or misleading in a material particular if, at the time when the person gives it to the Authority, or produces it in the course of a final assessment, the person informs the Authority that it is, to the person's knowledge, false or misleading in that material particular.

FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991
- SECT 62
Documents and samples become Commonwealth property

(1)
All documents and samples given to the Authority for any purpose of this Act or produced in the course of a final assessment become, upon being so given or produced, the property of the Commonwealth and may, subject to section 39, be dealt with or disposed of in any manner that the Authority considers appropriate.

(2)
If the Authority publishes, or permits the public inspection of, any document that has become the property of the Commonwealth under subsection (1), no action or proceeding for defamation lies against the Commonwealth, a member of the Board, or a person assisting the Authority, in relation to the publication or public inspection of the document.

FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991
- SECT 63
Review of decisions

(1)
Subject to the Administrative Appeals Tribunal Act 1975, application may be made to the Administrative Appeals Tribunal:

(a)
by an applicant for the development or variation of a standard for review of:
(i)
a decision by the Authority under section 13A to reject the application; or
(ii)
a decision by the Authority under section 15A to reject the application; or
(iii)
a decision by the Authority under section 25 to reject the application; or
(b)
for review of a decision under section 36 or 36A not to do something.
(2)
In subsection (1), decision has the same meaning as in the Administrative Appeals Tribunal Act 1975.

FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991
- SECT 64
Statement accompanying notification of decisions

(1)
Where:

(a)
notice in writing of the making of a decision of a kind referred to in paragraph 63(1)(a) is given to an applicant; or
(b)
written notice is given that a decision of a kind referred to in paragraph 63(1)(b) has been made;

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that notice must include a statement to the effect that:

(c)
subject to the Administrative Appeals Tribunal Act 1975, application may be made to the Administrative Appeals Tribunal for review of the decision:
(i)
if it is a decision of a kind referred to in paragraph 63(1)(a)—by the applicant; or
(ii)
if it is a decision of the kind referred to in paragraph 63(1)(b)—by a person whose interests are affected by the decision; and
(d)
except where subsection 28(4) of that Act applies, application may be made in accordance with section 28 of that Act by or on behalf of that person for a statement in writing setting out the findings of material questions of fact, referring to the evidence or other materials on which those findings were based and giving the reasons for the decision.
(2)
Any failure to comply with a requirement of subsection (1) in relation to a decision does not affect the validity of the decision.

FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991
- SECT 65A
Fees for services provided to New Zealand

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

FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991
- SECT 66
Charges relating to the Authority's costs

(1)
The regulations may fix charges to be paid to the Authority by a body or person for services and facilities the Authority provides to the body or person. The regulations may also deal with the time for payment of charge.

(2)
A charge fixed under subsection (1) 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 or body by whom charges are payable.

(5)
Charge under this section may be recovered by the Authority as a debt due to the Authority.

(6)
A charge may only be fixed where:

(a)
in relation to the development or variation of a food standard, the development or variation of that food standard would confer an exclusive, capturable commercial benefit on the person or body that made the application; or
(b)
an application has been included in the second or third year of a three year plan and the applicant elects to have the application included in the first year of the work plan.
(7)
Development of, or variation to, a food standard for which a charge is fixed under this section must not displace the development of, or variation to, any other food regulatory measure in a three year plan.

(8)
The processing of an application under subsection (6) must not displace the development of, or variation to, any other food regulatory measure in a three year plan.

(9)
For the purpose of subsection (6) an exclusive, capturable commercial benefit applies where:

(a)
the applicant can be identified as a person or body that may derive a financial gain from the coming into effect of the draft standard or draft variation of the standard that would be prepared in relation to the application; and
(b)
any other unrelated persons or bodies, including unrelated commercial entities, would require the agreement of the applicant in order to benefit financially from the approval of the application.

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(10)
For the purposes of subsections 6,7 and 8, a three year plan means a three year forward plan of the Authority developed under section 10A.

FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991
- SECT 66A
Charge—late payment penalty

(1)
The regulations may provide that, if any charge under section 66 remains unpaid by the body or person liable after the time when it became due for payment, the body or person is liable to pay to the Authority, by way of penalty, an amount calculated at the rate of:

(a)
20% per year; or
(b)
if the regulations specify a lower percentage—that lower percentage per year;

on the amount unpaid computed from that time.

(2)
A penalty under this section may be recovered by the Authority as a debt due to the Authority.

FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991
- SECT 66B
Charge—discount for early payment

The regulations may make provision for and in relation to discounts for early payment of charge under section 66.

FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991
- SECT 66C
Charge and late payment penalty—remissions and refunds

(1)
The regulations may make provision for and in relation to the method of working out an amount of refund of charge for the purposes of subsection 12B(1).

(2)
The regulations may make provision for and in relation to:

(a)
the remission or refund, in whole or in part, of charge under section 66 in circumstances specified in the regulations; and
(b)
the remission, in whole or in part, of late payment penalty under section 66A in circumstances specified in the regulations.
(3)
Regulations made for the purposes of subsection (1) or (2) may confer powers on the Authority.

FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991
- SECT 67
Delegation by Board

(1)
The Board may, by resolution, delegate to a member of the Board, or to a senior member of the staff of the Authority, all or any of its powers under this Act, other than its powers to act on behalf of the Authority under:

(a)
section 18; or
(b)
subsection 21(6); or
(c)
subsection 22(6); or
(d)
subsection 26(1); or
(e)
subsection 28(1); or
(f)
subsection 28A(6); or
(g)
subsection 28B(6).
(2)
A delegation of a power under this section:

(a)
may be revoked by resolution of the Board (whether or not constituted by the persons constituting the Board at the time when the power was delegated); and
(b)
continues in force notwithstanding a change in the membership of the Board.

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(3)
Section 34A of the Acts Interpretation Act 1901 applies in relation to a delegation under this section as if the Board were a person.

(4)
A certificate signed by the Chairperson of the Board stating any matter with respect to a delegation of a power under this section is prima facie evidence of that matter.

(5)
A document purporting to be a certificate mentioned in subsection (4) is, unless the contrary is established, taken to be such a certificate and to have been duly given.

(6)
A delegate under this section is, in the exercise of a power delegated under this section, subject to any directions given by the Board.

(7)
In this section:

senior member of the staff of the Authority means:

(a)
a person who holds or performs the duties of a Senior Executive Service position in the Authority; or
(b)
a person who holds or performs the duties of an APS Executive Level 2 position, or an equivalent position, in the Authority.

FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991
- SECT 68
Exemption from suit

(1)
No action or proceeding lies against the Commonwealth, a member of the Board or a person assisting the Authority in the performance of its functions for any loss or injury directly or indirectly sustained because of the consumption of, or other dealing with, food.

(2)
In an action against a person in relation to any loss or injury directly or indirectly sustained because of the consumption of, or other dealing with, food, it is not a defence to that action that:

(a)
a standard has come into effect; or
(b)
a standard has been adopted, or taken to have been adopted, and published;

in respect of that food and that the food complies with the standard.

FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991
- SECT 69
Annual Report

The members must include in each report on the Authority under section 9 of the Commonwealth Authorities and Companies Act 1997 particulars of:

(a)
the number of applications made to the Authority under section 12 during that year; and
(b)
the number of applications so made that were disposed of during that year and the manner of their disposal; and
(c)
the number of proposals made by the Authority under section 12AA during that year; and
(d)
the number of proposals so made that were disposed of during that year and the manner of their disposal; and
(e)
any occasion during that year that the Authority, after preparing a draft standard or a draft variation of a standard, failed to make decision under section 18 within the period required under section 35 and a statement of the reasons for that failure; and
(f)
each extension of time granted by the Authority under subsection 35(2) during that year and the reasons for that extension; and
(g)
the number of applications made to the Administrative Appeals Tribunal during that year for review of decisions of the Authority; and
(h)
the results of the applications made to the Administrative Appeals Tribunal that were determined during that year;
(i)
the number of standards made under this Act during that year; and
(j)
the number of draft standards and draft variations approved during that year under:
(i)
section 18; or
(ii)
subsection 26(1); and

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(k)
the number of occasions during that year when requests were made under section 21 for a review of a draft standard or draft variation; and
(l)
the number of occasions during that year when requests were made under section 22 for a review of a draft standard or draft variation; and
(m)
the number of occasions during that year when a draft standard or draft variation was rejected under section 23; and
(n)
the number of occasions during that year when requests were made under section 28A for a review of a standard or variation; and
(o)
the number of occasions during that year when requests were made under section 28B for a review of a standard or variation; and
(p)
the number of occasions during that year when a standard or variation was revoked or amended under section 28C; and
(q)
a summary of policy guidelines notified to the Authority during that year under paragraph 10(2)(e); and
(r)
such other matters (if any) as are specified in the regulations.

FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991
- SECT 70
Regulations

The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters:

(a)
required or permitted by this Act to be prescribed; or
(b)
necessary or convenient to be prescribed for carrying out or giving effect to this Act.

FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991
Notes to the Food Standards Australia New Zealand Act 1991

Note 1

The Food Standards Australia New Zealand Act 1991 as shown in this compilation comprises Act No. 118, 1991 amended as indicated in the Tables below.
The Food Standards Australia New Zealand Act 1991 was modified by the National Food Authority Regulations 1994 (1994 No. 286 as amended). The modifications made by the Regulations are not incorporated in this compilation.
For all relevant information pertaining to application, saving or transitional provisions see Table A.

Table of Acts

Act


Number
and year


Date
of Assent


Date of commencement


Application, saving or transitional provisions


National Food Authority Act 1991


118, 1991


27 June 1991


19 Aug 1991 (see Gazette 1991, No. S219)



Health and Community Services Legislation Amendment Act 1991


211, 1991


24 Dec 1991


Ss. 10 and 11: 29 Apr 1992
Ss. 30 and 31: 19 Aug 1991
Ss. 35, 37 and 39: 1 Apr 1992
Remainder: Royal Assent



National Food Authority Amendment Act 1995


152, 1995


16 Dec 1995


Schedules 1 and 2: 1 July 1996 (see Gazette 1996, No. S230)
Remainder: Royal Assent



Audit (Transitional and Miscellaneous) Amendment Act 1997


152, 1997


24 Oct 1997


Schedule 2 (items 191-200): 1 Jan 1998 (see Gazette 1997, No. GN49) (a)



Australia New Zealand Food Authority Amendment Act (No. 2) 1997


201, 1997


16 Dec 1997


Schedule 1 (items 1, 25, 27-40, 42, 43, 46, 48, 49): 6 Feb 1998 (see Gazette 1998, No. S50)
Schedule 1 (item 41): (b)
Remainder: Royal Assent


Sch. 1 (items 48, 49)
S. 2(4) (am. by 81, 2001, Sch. 2)


as amended by






Australia New Zealand Food Authority Amendment Act 2001


81, 2001


10 July 2001


(see 81, 2001 below)



Public Employment (Consequential and Transitional) Amendment Act 1999


146, 1999


11 Nov 1999


Schedule 1 (items 164-169): 5 Dec 1999 (see Gazette 1999, No. S584) (c)



Corporate Law Economic Reform Program Act 1999


156. 1999


24 Nov 1999


Schedule 10 (item 17): 13 Mar 2000 (see Gazette 2000, No. S114) (d)



Australia New Zealand Food Authority Amendment Act 1999


200, 1999


23 Dec 1999


Schedule 1 (item 13): 30 July 1998
Remainder: Royal Assent


Sch. 1 (items 67-70)


Gene Technology (Consequential Amendments) Act 2000


170, 2000


21 Dec 2000


22 June 2001 (see s. 2)



Australia New Zealand Food Authority Amendment Act 2001


81, 2001


10 July 2001


Schedule 1 (items 1-120, 121-177) and Schedule 3: 1 July 2002 (see Gazette 2002, No. GN30)
Schedule 1 (item 178): 23 Dec 1999 (e)
Schedule 2: 16 Dec 1997 (e)
Remainder: Royal Assent


S. 2(6) and Sch. 1 (items 33, 120A, 124, 133, 147, 153, 155, 156,163, 168, 172-177)


as amended by






Statute Law Revision Act 2002


63, 2002


3 July 2002


Schedule 2 (item 2): (ea)



Health and Aged Care Legislation Amendment (Application of Criminal Code) Act 2001


111, 2001


17 Sept 2001


17 Sept 2001


S. 4


(a)

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The Food Standards Australia New Zealand Act 1991 was amended by Schedule 2 (items 191-200) only of the Audit (Transitional and Miscellaneous) Amendment Act 1997, subsection 2(2) of which provides as follows:

(2) Schedules 1, 2 and 4 commence on the same day as the Financial Management and Accountability Act 1997.

(b) Subsection 2(4) of the Australia New Zealand Food Authority Amendment Act (No. 2) 1997 provides as follows:

(4) Item 41 of Schedule 1 commences immediately after the commencement of the Public Service Act 1999, if that Act commences after this Act receives the Royal Assent. If that Act commences before this Act receives the Royal Assent, item 41 does not commence.

The Public Service Act 1999 came into operation on 5 December 1999 (see Gazette 1999, No. S584).
(c) The Food Standards Australia New Zealand Act 1991 was amended by Schedule 1 (items 164-169) only of the Public Employment (Consequential and Transitional) Amendment Act 1999, subsections 2(1) and (2) of which provide as follows:

(1) In this Act, commencing time means the time when the Public Service Act 1999 commences.
(2) Subject to this section, this Act commences at the commencing time.

(d) The Food Standards Australia New Zealand Act 1991 was amended by Schedule 10 (item 17) only of the Corporate Law Economic Reform Program Act 1999, subsection 2(2)(c) of which provides as follows:

(2) The following provisions commence on a day or days to be fixed by Proclamation:

(c) the items in Schedules 10, 11 and 12.

(e) Subsections 2(2), (3), (4) and (5) of the Australia New Zealand Food Authority Amendment Act 2001 provide as follows:

(2) Part 1 of Schedule 1 (other than item 120A), and Schedule 3, commence on the first day after the commencement of this section on which an amendment of the Australia New Zealand Joint Food Standards Agreement comes into force in accordance with Article 10 of that Agreement.
(3) Part 2 of Schedule 1 is taken to have commenced on 23 December 1999, immediately after the commencement of item 10 of Schedule 1 to the Australia New Zealand Food Authority Amendment Act 1999.
(4) Schedule 2 is taken to have commenced on 16 December 1997, immediately after the commencement of subsection 2(4) of the Australia New Zealand Food Authority Amendment Act (No. 2) 1997.
(5) As soon as practicable after the commencement of the following provisions:

(a) Part 1 of Schedule 1 (other than item 120A);
(b) Schedule 3;

the Minister must cause to be published in the Gazette a notice specifying the day on which those provisions commenced.

(ea) The Australia New Zealand Food Authority Amendment Act 2001 was amended by Schedule 2 (item 2) only of the Statute Law Revision Act 2002, subsection 2(1) (item 31) of which provides as follows:

(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.

Commencement information


Column 1


Column 2


Column 3


Provision(s)


Commencement


Date/Details


31. Schedule 2, item 2


Immediately after the time specified in the Australia New Zealand Food Authority Amendment Act 2001 for the commencement of item 185 of Schedule 1 to that Act


10 July 2001



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Table of Amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted


Provision affected


How affected


Title


am. No. 152, 1995; No. 200, 1999; No. 81, 2001


Part 1



S. 1


am. No. 152, 1995; No. 81, 2001


S. 2A


ad. No. 200, 1999



am. No. 81, 2001


S. 3


am. No. 152, 1995; No. 201, 1997; No. 200, 1999; No. 170, 2000; No. 81, 2001


Ss. 3A, 3B


ad. No. 200, 1999


S. 5A


ad. No. 111, 2001


Part 2



Heading to Part 2


rs. No. 81, 2001


S. 6


am. No. 152, 1995; No. 81, 2001


Note to s. 6(2)


ad. No. 152, 1997


S. 7


am. No. 152, 1995; No. 201, 1997; No. 200, 1999; No. 81, 2001


S. 8


am. No. 201, 1997; No. 200, 1999


S. 9


am. No. 200, 1999; No. 81, 2001


S. 9A


ad. No. 200, 1999


Heading to s. 10


am. No. 81, 2001


S. 10


am. No. 152, 1995



rs. No. 200, 1999



am. No. 81, 2001


S. 10A


ad. No. 200, 1999


S. 11


am. No. 152, 1997


S. 11A


ad. No. 170, 2000


Part 3



Heading to Part 3


rs. No. 200, 1999


Division 1



Div. 1 of Part 3


ad. No. 81, 2001


Ss. 11A, 11B


ad. No. 81, 2001


Division 2



Heading to Div. 1 of Part 3


rs. No. 200, 1999


Renumbered Div. 2


No. 81, 2001


Heading to s. 12


am. No. 200, 1999


S. 12


am. No. 201, 1997; No. 200, 1999; No. 81, 2001


Note to s. 12(2)


ad. No. 201, 1997



am. No. 200, 1999


S. 12AA


ad. No. 81, 2001


S. 12A


ad. No. 201, 1997



rs. No. 200, 1999



am. No. 81, 2001


S. 12B


ad. No. 200, 1999



am. No. 81, 2001


Heading to s. 13


am. No. 81, 2001


S. 13


am. No. 201, 1997



rs. No. 200, 1999



am. No. 81, 2001


Heading to s. 13A


am. No. 81, 2001


S. 13A


ad. No. 200, 1999



am. No. 81, 2001


Heading to s. 14


am. No. 81, 2001


S. 14


am. No. 152, 1995



rs. No. 200, 1999



am. No. 81, 2001


S. 14A


ad. No. 81, 2001


Heading to s. 15


am. No. 81, 2001


S. 15


rs. No. 200, 1999



am. No. 81, 2001


S. 15AA


ad. No. 81, 2001


Heading to s. 15A


am. No. 81, 2001


S. 15A


ad. No. 200, 1999



am. No. 81, 2001


S. 15B


ad. No. 81, 2001


Heading to s. 16


am. No. 81, 2001


S. 16


am. No. 152, 1995



rs. No. 200, 1999



am. No. 81, 2001


Heading to s. 17


am. No. 81, 2001


S. 17


am. No. 152, 1995; No. 201, 1997



rs. No. 200, 1999



am. No. 81, 2001


S. 17AA


ad. No. 81, 2001


S. 17A


ad. No. 200, 1999


S. 17AB


ad. No. 81, 2001


S. 17B


ad. No. 200, 1999



am. No. 81, 2001


Heading to s. 18


am. No. 200, 1999



rs. No. 81, 2001


S. 18


am. No. 200, 1999



rs. No. 81, 2001


Heading to s. 19


am. No. 81, 2001


S. 19


am. No. 152, 1995



rs. No. 200, 1999



am. No. 81, 2001 (as am. by No. 63, 2002)


Heading to s. 20


am. No. 200, 1999



rs. No. 81, 2001


S. 20


am. No. 201, 1997



rs. No. 81, 2001


Div. 1A of Part 3


ad. No. 200, 1999
rep. No. 81, 2001


Ss. 20A-20D


ad. No. 200, 1999



rep. No. 81, 2001


Heading to Div. 2 of Part 3


rs. No. 200, 1999



rep. No. 81, 2001


Div. 2 of Part 3


rep. No. 81, 2001


Division 3



Div. 3 of Part 3


ad. No. 81, 2001


Heading to s. 21


am. No. 200, 1999



rs. No. 81, 2001


S. 21


am. No. 200, 1999



rs. No. 81, 2001


S. 22


am. No. 152, 1995



rs. No. 200, 1999; No. 81, 2001


S. 23


am. No. 200, 1999; No. 81, 2001



rs. No. 81, 2001


Division 4



Div. 4 of Part 3


ad. No. 81, 2001


S. 23A


ad. No. 81, 2001


Division 5



Div. 5 of Part 3


ad. No. 81, 2001


S. 24


am. No. 152, 1995



rs. No. 200, 1999; No. 81, 2001


S. 25


am. No. 152, 1995; No. 201, 1997



rs. No. 200, 1999; No. 81, 2001


S. 25A


ad. No. 200, 1999



rep. No. 81, 2001


Heading to s. 26


am. No. 200, 1999



rs. No. 81, 2001


S. 26


am. No. 200, 1999



rs. No. 81, 2001


S. 27


am. No. 152, 1995



rs. No. 200, 1999; No. 81, 2001


Heading to s. 28


am. No. 200, 1999



rs. No. 81, 2001


S. 28


am. No. 201, 1997



rs. No. 81, 2001


Div. 2A of Part 3


ad. No. 200, 1999
rep. No. 81, 2001


Ss. 28A-28D


ad. No. 200, 1999



rs. No. 81, 2001


Division 6



Heading to Div. 3 of Part 3



Renumbered Div. 6


No. 81, 2001


Heading to s. 29


am. No. 81, 2001


S. 29


am. No. 81, 2001


Heading to s. 30


am. No. 81, 2001


S. 30


am. No. 81, 2001


S. 30A


ad. No. 200, 1999



am. No. 81, 2001


S. 30B


ad. No. 200, 1999


S. 31


rep. No. 81, 2001


Heading to s. 32


rs. No. 152, 1995



rep. No. 81, 2001


S. 32


am. No. 152, 1995; No. 201, 1997; No. 200, 1999



rep. No. 81, 2001


Heading to s. 33


am. No. 200, 1999


S. 33


am. No. 200, 1999; No. 81, 2001


S. 34


am. No. 201, 1997; No. 200, 1999; No. 81, 2001


Heading to s. 35


am. No. 81, 2001


S. 35


am. No. 201, 1997; No. 200, 1999; No. 81, 2001


S. 36


am. No. 152, 1995; No. 201, 1997; No. 200, 1999; No. 81, 2001


S. 36A


ad. No. 201, 1997



am. No. 200, 1999; No. 81, 2001


S. 37


am. No. 200, 1999



rep. No. 81, 2001


Heading to s. 38


rs. No. 152, 1995


S. 38


am. No. 152, 1995; No. 146, 1999


S. 39


am. No. 152, 1995; No. 201, 1997; Nos. 146 and 200, 1999; No. 81, 2001


Part 4



Heading to Part 4


rs. No. 201, 1997; No. 81, 2001


Division 1



Heading to Div. 1


ad. No. 201, 1997



rs. No. 81, 2001


S. 39A


ad. No. 81, 2001


Heading to s. 40


am. No. 81, 2001


S. 40


am. No. 152, 1995; No. 201, 1997; No. 81, 2001


S. 41


am. No. 81, 2001


S. 42


am. No. 152, 1995; No. 201, 1997; No. 200, 1999



rep. No. 81, 2001


Heading to s. 43


am. No. 81, 2001


S. 43


am. No. 81, 2001


S. 44


am. No. 152, 1995; No. 81, 2001


Ss. 46-49


am. No. 81, 2001


S. 50


am. No. 152, 1997; No. 81, 2001


S. 52


am. No. 152, 1997; Nos. 156 and 200, 1999; No. 81, 2001


Division 2



Div. 2 of Part 4


ad. No. 201, 1997


Ss. 52A, 52B


ad. No. 201, 1997



am. No. 81, 2001


S. 52C


ad. No. 201, 1997


Ss. 52D-52G


ad. No. 201, 1997



am. No. 81, 2001


Division 3



Heading to Div. 3 of Part 4


ad. No. 201, 1997


S. 53


am. No. 201, 1997; No. 146, 1999


S. 54


am. No. 201, 1997


Part 5



S. 56


rep. No. 152, 1997


S. 57


am. No. 152, 1995; No. 152, 1997; No. 200, 1999


S. 59


rep. No. 152, 1997


S. 60


am. No. 152, 1997


Part 6



S. 61


am. No. 81, 2001


S. 62


am. No. 201, 1997; No. 81, 2001


S. 63


am. No. 201, 1997; No. 200, 1999; No. 81, 2001


S. 64


am. No. 152, 1995; No. 200, 1999


S. 65


rep. No. 111, 2001


S. 65A


ad. No. 152, 1995



am. No. 201, 1997; No. 81, 2001


Heading to s. 66


rs. No. 152, 1995


S. 66


am. No. 152, 1995



rs. No. 200, 1999



am. No. 81, 2001


Ss. 66A-66C


ad. No. 200, 1999


S. 67


rs. No. 81, 2001


S. 68


am. No. 201, 1997; No. 200, 1999; No. 81, 2001


S. 69


am. No. 152, 1997; No. 200, 1999; No. 81, 2001


S. 71


am. No. 211, 1991



rep. No. 200, 1999


Table

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A

Application, saving or transitional provisions

Australia New Zealand Food Authority Amendment Act (No. 2) 1997
(No. 201, 1997)

Schedule 1

48 Application of amendment made by item 35

The amendment made by item 35 applies to the members of the Authority (including the Chairperson) who hold office on the commencement of that item and to all members appointed after then.

49 General transitional provisions

(1) Things done before the CEO commencement in, or in relation to, the exercise of the Chairperson's powers, or the Authority's powers, referred to in a pre-CEO provision have effect, after the CEO commencement, as if they were done in, or in relation to, the exercise of the Chief Executive Officer's powers referred to in the corresponding amended CEO provision.
(2) A member of the Food Advisory Committee who held office as such a member immediately before the CEO commencement because of an appointment under paragraph 42(4)(e) of the old Act continues to hold office after that commencement as if the appointment were under that paragraph of the amended Act.
(3) An agreement referred to in subsection 65A(1) of the old Act that was in force immediately before the CEO commencement continues to have effect after that commencement as if it were an agreement referred to in that subsection of the amended Act.
(4) For this purpose:

amended Act means the Australia New Zealand Food Authority Act 1991 as in force after the CEO commencement.

amended CEO provision means any of the following provisions of the amended Act:

(a)
section 39;
(b)
section 53;
(c)
section 54.
CEO commencement means the commencement of item 36.

old Act means the Australia New Zealand Food Authority Act 1991 as in force before the CEO commencement.

pre-CEO provision means any of the following provisions of the old Act:

(a)
section 39;
(b)
section 53;
(c)
section 54.

Australia New Zealand Food Authority Amendment Act 1999 (No. 200, 1999)

Schedule 1

67 Saving—regulations under paragraph 9(f)

Despite the repeal of paragraph 9(1)(f) of the Principal Act by item 12, a regulation in force under that paragraph as in force immediately before the commencement of that item continues in force after that commencement as if it had been made under paragraph 9(1)(p) of the Principal Act as in force after that commencement.

68 Saving—nominations under paragraphs 42(4)(b) and (c)

Despite the amendments of paragraphs 42(4)(b) and 42(4)(c) of the Principal Act made by items 56 and 57, nominations under those paragraphs as in force immediately before the commencement of this item continue in force after that commencement as if they had been made under those paragraphs as in force after that commencement.

69 Transitional—application of amendments

To the extent that the amendments made by this Schedule relate to draft standards, or draft variations of standards, that may be developed under the Principal Act, the amendments apply only to:

(a)
applications for the development of such standards, or variations of standards, that are made on or after the commencement of this item; and
(b)
proposals for the development of such standards, or variations of standards, that are initiated on or after the commencement of this item.

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70 Meaning of Principal Act

In this Part:

Principal Act means the Australia New Zealand Food Authority Act 1991.

Australia New Zealand Food Authority Amendment Act 2001 (No. 81, 2001)

2 Commencement
(6)
In this section:

Australia New Zealand Joint Food Standards Agreement means the Agreement between the Government of Australia and the Government of New Zealand Establishing a System for the Development of Joint Food Standards, signed at Wellington on 5 December 1995.

Schedule 1

33 Transitional—validity of food regulatory measures

To avoid doubt, the amendments of section 9 of the Australia New Zealand Food Authority Act 1991 made by this Part do not affect the validity of a food regulatory measure in force immediately before the commencement of this item.

120A Transitional—making of regulations for the nomination of Board members

(1) A power conferred by paragraph 40(3)(b) or 40(4)(b) of the Australia New Zealand Food Authority Act 1991 as amended by this Schedule to make regulations in relation to the nomination of persons for selection as members of the Board may be exercised before the commencement of those provisions as if those provisions had come into operation.
(2) Subitem (1) has effect despite anything in the Acts Interpretation Act 1901.
(3) Subitem (1) has effect in addition to section 4 of the Acts Interpretation Act 1901.

Schedule 1

124 Transitional—termination of existing appointments

If a person held office as a member (other than the Chief Executive Officer) immediately before the commencement of this item, the member's appointment is terminated at the commencement of this item.

133 Transitional—abolition of existing committees

If a committee established under section 43 of the Australia New Zealand Food Authority Act 1991 was in existence immediately before the commencement of this item, the committee is abolished at the commencement of this item.

147 Transitional—appointment of Chief Executive Officer

(1) This item applies if a person held office as the Chief Executive Officer immediately before the commencement of this item because of an appointment under subsection 52A(2) of the Australia New Zealand Food Authority Act 1991.
(2) The person continues to hold that office, as if that appointment were an appointment under the corresponding provision of the Food Standards Australia New Zealand Act 1991, until:

(a)
the end of the period of 6 months beginning at the commencement of this item; or
(b)
the Board re-appoints the person to that office; or
(c)
the Board appoints another person to that office;

whichever first happens.

153 Transitional—determination of terms and conditions for Chief Executive Officer

(1) This item applies if a determination was in force under section 52F of the Australia New Zealand Food Authority Act 1991 immediately before the commencement of this item.
(2) The Food Standards Australia New Zealand Act 1991 has effect, after the commencement of this item, as if the determination had been made by the Board under section 52F of that Act.

155 Transitional—appointment of acting Chief Executive Officer during a vacancy

(1) This item applies if a person was acting as the Chief Executive Officer immediately before the commencement of this item because of an appointment under paragraph 52G(1)(a) of the Australia New Zealand Food Authority Act 1991.
(2) The person continues to act as the Chief Executive Officer, as if that

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appointment were an appointment under the corresponding provision of the Food Standards Australia New Zealand Act 1991, until:

(a)
the end of the period of 6 months beginning at the commencement of this item; or
(b)
the Board terminates the person's appointment; or
(c)
the Board appoints the person, or another person, to the office of Chief Executive Officer under subsection 52A(2) of the Food Standards Australia New Zealand Act 1991;

whichever first happens.

156 Transitional—appointment of acting Chief Executive Officer during temporary absence etc.

(1) This item applies if a person was acting as the Chief Executive Officer immediately before the commencement of this item because of an appointment under paragraph 52G(1)(b) of the Australia New Zealand Food Authority Act 1991.
(2) The person continues to act as the Chief Executive Officer, as if that appointment were an appointment under the corresponding provision of the Food Standards Australia New Zealand Act 1991, until:

(a)
the end of the period of 6 months beginning at the commencement of this item; or
(b)
the Board terminates the person's appointment; or
(c)
the Chief Executive Officer returns to duty;

whichever first happens.

163 Transitional—agreement under section 65A of the Australia New Zealand Food Authority Act 1991

(1) This item applies to an agreement in force under section 65A of the Australia New Zealand Food Authority Act 1991 immediately before the commencement of this item.
(2) The agreement has effect, after the commencement of this item, as if it had been entered into between the Authority and the lead New Zealand Minister on the Council under section 65A of the Food Standards Australia New Zealand Act 1991.

168 Transitional—exemption from suit

Despite the amendments of section 68 of the Australia New Zealand Food Authority Act 1991 made by this Part, that section continues to apply, after the commencement of this item, in relation to a member of the Authority, as if those amendments had not been made.

172 Transitional—annual report in the course of preparation immediately before this item commenced

To avoid doubt, if, immediately before the commencement of this item, the members of the Australia New Zealand Food Authority had not completed the preparation of an annual report under section 9 of the Commonwealth Authorities and Companies Act 1997 for the last financial year that ended before the commencement of this item, the members of the Board are responsible, in accordance with that section, for:

(a)
completing the preparation of that report; and
(b)
giving the report to the Minister by the relevant deadline for the financial year.
173 Transitional—annual report for the financial year in which this item commenced

(1) To avoid doubt, the obligations imposed on the members of the Board by:

(a)
section 9 of the Commonwealth Authorities and Companies Act 1997; and
(b)
section 69 of the Food Standards Australia New Zealand Act 1991;

to prepare an annual report on the Authority for the financial year in which this item commenced extends to so much of the financial year as occurred before this item commenced (when the Authority was known as the Australia New Zealand Food Authority).

(2) Despite the amendments of section 69 of the Australia New Zealand Food Authority Act 1991 made by this Part, that section continues to apply, after the commencement of this item, in relation to so much of that financial year as occurred before this item commenced, as if those amendments had not been made.

174 Transitional—certain draft standards etc. deemed to be notified to Council

(1) This item applies if, before the commencement of this item:


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(a)
ANZFA made a recommendation to the old Council under section 18 or 26 of the Australia New Zealand Food Authority Act 1991:
(i)
that the old Council adopt a draft standard or a draft variation of a standard; or
(ii)
that the old Council adopt a draft standard or a draft variation of a standard subject to such amendments as ANZFA considers necessary; and
(b)
the old Council had not made a decision under section 20 or 28 of that Act in relation to that recommendation.

(2) The Food Standards Australia New Zealand Act 1991 has effect after the commencement of this item, in relation to the draft, as if:

(a)
in a case where subparagraph (1)(a)(i) applies—FSANZ had approved the draft under section 18 of that Act; and
(b)
in a case where subparagraph (1)(a)(ii) applies—FSANZ had approved the draft under section 18 of that Act subject to those amendments; and
(c)
in all cases—FSANZ had notified the new Council of the approval under section 20 of that Act; and
(d)
paragraphs 20(1)(b), (c), (d), (e) and (f) of that Act had not been enacted.

(3) As soon as practicable after the commencement of this item, FSANZ must:

(a)
prepare a written list of the drafts covered by subitem (1); and
(b)
give a copy of that list to the new Council.

(4) In this item:

ANZFA means the Australia New Zealand Food Authority.
FSANZ means Food Standards Australia New Zealand.
new Council means the Australia and New Zealand Food Regulation Ministerial Council.
old Council means the Australia New Zealand Food Standards Council.

175 Transitional—applications pending immediately before this item commenced

(1) For the purposes of this item, an application for the development or variation of a food regulatory measure is an eligible application if:

(a)
the application was made under section 12 of the old Act before the commencement of this item; and
(b)
the application was not withdrawn before that commencement; and
(c)
the application was not rejected before that commencement; and
(d)
in a case where the application was for the development or variation of a standard and a draft standard or draft variation was prepared as a result of the application—ANZFA neither:
(i)
made a recommendation to the old Council about the draft; nor
(ii)
made a decision about the draft under section 20A of the old Act;
before that commencement; and
(e)
in a case where the application was for the development or variation of a code of practice and a draft code of practice or a draft variation was developed as a result of the application—ANZFA neither:
(i)
approved the draft; nor
(ii)
rejected the draft;
before that commencement.

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(2) The eligible application lapses at the commencement of this item and, except as provided by this item, FSANZ is not to take any action under the new Act after that commencement in relation to:

(a)
the eligible application; or
(b)
any draft prepared as a result of the eligible application.

(3) For the purposes of the new Act:

(a)
the eligible applicant is taken to have made an application (the fresh application) under section 12 of that Act in the same terms as the eligible application; and
(b)
the fresh application is taken to have been made immediately after the commencement of this item; and
(c)
if the eligible application was accompanied by information in support of the eligible application—the fresh application is taken to be accompanied by that information; and
(d)
if, under subsection 12(3) of the old Act, the applicant had provided a sample of the food to which the eligible application relates—the applicant is taken to have provided that sample in relation to the fresh application under subsection 12(3) of the new Act.

(4) The applicant may, within 28 days after the commencement of this item, request FSANZ, in writing, to defer making a decision under section 13A of the new Act in relation to the application until the applicant gives FSANZ additional information to support the application. FSANZ must comply with that request.
(5) If the applicant makes a request under subitem (4), the time taken by the applicant to provide the information is not to be included in the period set or prescribed for the purpose of subsection 35(1) of the new Act or set for the purposes of subsection 35(1A) or (3) of the new Act.
(6) Subsections 35(1) and (1A) of the new Act have effect, in relation to the fresh application, as if a reference in those subsections to 12 months were a reference to 15 months.
(7) If ANZFA made a preliminary assessment of the eligible application before the commencement of this item, FSANZ is taken to have made an initial assessment of the fresh application.
(8) If, before the commencement of this item, any submissions had been made to ANZFA about the eligible application in response to a notice given under section 13A or 14 of the old Act, those submissions have effect as if they had been made to FSANZ about the fresh application in response to a notice given under section 13A or 14 of the new Act.
(9) If notice is given under section 13A or 14 of the new Act in relation to the fresh application, the notice must set out an explanation of the effect of subitem (8).
(10) If:

(a)
FSANZ accepts the fresh application under section 13A of the new Act; and
(b)
ANZFA had:
(i)
made a full assessment of the eligible application before the commencement of this item; and
(ii)
prepared a draft food regulatory measure or a draft variation of a food regulatory measure before the commencement of this item;

FSANZ is taken to have made a draft assessment of the fresh application if it reviews the full assessment having regard to:

(c)
any submissions made to it in response to a notice given under section 13A or 14 of the new Act in relation to the fresh application, being submissions that were not considered in making the full assessment; and
(d)
the matter set out in paragraph 10(2)(e) of the new Act.

(11) If, before the commencement of this item, any submissions had been made to ANZFA in response to a notice given under section 16 or 17 of the old Act in relation to the eligible application, those submissions have effect as if they had been made to FSANZ in response to a notice given under section 16 or 17 of the new Act in relation to the fresh application.
(12) If notice is given under section 16 or 17 of the new Act in relation to the fresh application, the notice must set out an explanation of the effect of subitem (11).
(13) If ANZFA held an inquiry in relation to the eligible application before the commencement of this item, FSANZ is taken to have made a final assessment

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in relation to the draft that resulted from the fresh application if it reviews the inquiry having regard to:

(a)
any submissions made to it in response to a notice given under section 16 or 17 of the new Act in relation to the draft that resulted from the fresh application, being submissions that were not considered in holding the inquiry; and
(b)
the matter set out in paragraph 10(2)(e) of the new Act.

(14) If, before the commencement of this item, the applicant paid ANZFA a charge fixed under section 66 of the old Act for a service provided in relation to the eligible application:

(a)
if the service was provided before the commencement of this item—the applicant is taken to have paid FSANZ the charge fixed under section 66 of the new Act for the corresponding service in relation to the fresh application; and
(b)
if the service was not provided before the commencement of this item—FSANZ must refund the charge unless the applicant elects to treat the payment as fully discharging the applicant's liability to pay FSANZ the charge fixed under section 66 of the new Act for the corresponding service in relation to the fresh application.

(15) For the purposes of subitem (14):

(a)
the service of making an initial assessment in relation to the fresh application corresponds to the service of making a preliminary assessment in relation to the eligible application; and
(b)
the service of making a draft assessment in relation to the fresh application corresponds to the service of making a full assessment in relation to the eligible application; and
(c)
the service of making a final assessment in relation to the fresh application corresponds to the service of holding an inquiry in relation to the eligible application; and
(d)
the service of the giving of notices under a provision of the new Act in relation to the fresh application corresponds to the service of the giving of notices under the corresponding provision of the old Act in relation to the eligible application; and
(e)
the service of the preparation of a draft food regulatory measure, or a draft variation of a food regulatory measure, in relation to the fresh application corresponds to the service of the preparation of a draft food regulatory measure, or a draft variation of a food regulatory measure, as the case requires, in relation to the eligible application.

(16) If, under subitem (14), the applicant is taken to have paid FSANZ a charge referred to in subparagraph 12(2)(c)(i) or (ii) of the new Act in relation to the fresh application, the requirements of paragraph 12(2)(c) of the new Act are taken to have been met in relation to that charge.
(17) If, under subitem (14), the applicant elects to treat a payment as fully discharging the applicant's liability to pay FSANZ a charge referred to in subparagraph 12(2)(c)(i) or (ii) of the new Act in relation to the fresh application, the requirements of paragraph 12(2)(c) of the new Act are taken to have been met in relation to that charge.
(18) If the eligible application was made before 23 December 1999:

(a)
the applicant is not liable to pay FSANZ a charge fixed under section 66 of the new Act for a service in relation to the fresh application; and
(b)
the new Act has effect, in relation to the fresh application, as if paragraph 12(2)(c) and subsections 15(2) and 16(4) had not been enacted.

(19) If the eligible application was in a particular year of a 3 year plan, the fresh application is taken to be in the same year of the plan.
(20) In this item:

ANZFA means the Australia New Zealand Food Authority.
FSANZ means Food Standards Australia New Zealand.
new Act means the Food Standards Australia New Zealand Act 1991, as in force at or after the commencement of this item.
old Act means the Australia New Zealand Food Authority Act 1991, as in force before the commencement of this item.
old Council means the Australia New Zealand Food Standards Council.

176 Transitional—proposals pending immediately before this item commenced

(1) For the purposes of this item, a proposal for the development or variation of a food regulatory measure is an eligible proposal

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if:

(a)
the proposal was prepared under section 21 of the old Act before the commencement of this item; and
(b)
the proposal was not abandoned before that commencement; and
(c)
in a case where the proposal was for the development or variation of a standard and a draft standard or draft variation was prepared as a result of the proposal—ANZFA neither:
(i)
made a recommendation to the old Council about the draft; nor
(ii)
made a decision about the draft under section 28A of the old Act;
before that commencement; and
(d)
in a case where the proposal was for the development or variation of a code of practice and a draft code of practice or a draft variation was developed as a result of the proposal—ANZFA neither:
(i)
approved the draft; nor
(ii)
rejected the draft;
before that commencement.

(2) The eligible proposal lapses at the commencement of this item and, except as provided by this item, FSANZ is not to take any action under the new Act after that commencement in relation to:

(a)
the eligible proposal; or
(b)
any draft prepared as a result of the eligible proposal.

(3) For the purposes of the new Act:

(a)
FSANZ is taken to have prepared a proposal (the fresh proposal) under section 12AA of that Act in the same terms as the eligible proposal; and
(b)
the fresh proposal is taken to have been prepared immediately after the commencement of this item.

(4) If, before the commencement of this item, any submissions had been made to ANZFA about the eligible proposal in response to a notice given under section 22 of the old Act, those submissions have effect as if they had been made to FSANZ about the fresh proposal in response to a notice given under section 14A of the new Act.
(5) If notice is given under section 14A of the new Act in relation to the fresh proposal, the notice must set out an explanation of the effect of subitem (4).
(6) If ANZFA had:

(a)
made a full assessment of the eligible proposal before the commencement of this item; and
(b)
prepared a draft food regulatory measure or a draft variation of a food regulatory measure before the commencement of this item;

FSANZ is taken to have made a draft assessment of the fresh proposal if it reviews the full assessment having regard to:

(c)
any submissions made to it in response to a notice given under section 14A of the new Act in relation to the fresh proposal, being submissions that were not considered in making the full assessment; and
(d)
the matter set out in paragraph 10(2)(e) of the new Act.

(7) If, before the commencement of this item, any submissions had been made to ANZFA in response to a notice given under section 24 of the old Act in relation to the eligible proposal, those submissions have effect as if they had been made to FSANZ in response to a notice given under section 17AA of the new Act in relation to the fresh proposal.
(8) If notice is given under section 17AA of the new Act in relation to the fresh proposal, the notice must set out an explanation of the effect of subitem (7).
(9) If ANZFA held an inquiry in relation to the draft that resulted from the eligible proposal before the commencement of this item, FSANZ is taken to have made a final assessment of the fresh proposal if it reviews the inquiry having regard to.

(a)
any submissions made to it in response to a notice given under section 17AA of the new Act in relation to the draft that resulted from the fresh proposal, being submissions that were not considered in holding the inquiry; and
(b)
the matter set out in paragraph 10(2)(e) of the new Act.

(10) If the eligible proposal was in a particular year of a 3 year plan, the fresh proposal is taken to be in the same year of the plan.
(11) In this item:

ANZFA means the Australia New Zealand Food Authority.
FSANZ means Food Standards Australia New Zealand.
new Act means the Food Standards Australia New Zealand Act 1991, as in force at or after the commencement of this item.
old Act means the Australia New Zealand Food Authority Act 1991, as in force before the commencement of this item.
old Council means the Australia New Zealand Food Standards Council.

177 Transitional—regulations

(1) The regulations may make provision for matters of a transitional nature relating to the amendments made by this Part.
(2) The Governor-General may make regulations for the purposes of subitem (1).

Health and Aged Care Legislation Amendment (Application of Criminal Code) Act 2001 (No. 111, 2001)

4 Application of amendments
(1)
Each amendment made by this Act applies to acts and omissions that take place after the amendment commences.

(2)
For the purposes of this section, if an act or omission is alleged to have taken place between 2 dates, one before and one on or after the day on which a particular amendment commences, the act or omission is alleged to have taken place before the amendment commences.