decision has the same meaning as in the Administrative Appeals Tribunal Act 1975. initial decision has the meaning given in subsection (2).
reviewable decision means a decision of the Secretary under subsection (5).
- (2)
- Subject to subsection (3), initial decision means:
- (a)
- a decision under section 12 to issue a food control certificate that states that the food to which the certificate relates is required to be inspected, or inspected and analysed; or
- (b)
- a decision under subsection 14(1) to issue an imported food inspection advice identifying food (other than food that is or may be the subject of an application for a further imported food advice) as failing food and specifying the manner of dealing with that food; or
- (c)
- a decision under subsection 14(6) refusing an application for a further imported food inspection advice; or
- (d)
- a decision under subsection 14(6) to issue a further imported food inspection advice identifying food as failing food and specifying the manner of dealing with that food; or
- (e)
- a decision made by the Secretary to revoke a determination under subsection 19(3); or
- (f)
- a decision by the Secretary under subsection 20(13) to direct that food control certificates should not be issued to a person who has failed to comply with a notice under subsection 20(2), (3) or (4); or
- (g)
- a decision by the Secretary under subsection 36(8) to direct that documentation not be issued in respect of food imported by a person who has failed to pay fees to the Commonwealth; or
- (h)
- a decision of the Secretary under subsection 39(1).
- (3)
- If food to which an initial decision relates has been subjected to analysis to determine if it either:
- (a)
- meets applicable standards; or
- (b)
- poses a risk to human health;
the results of such analysis are not reviewable by the Administrative Appeals Tribunal.
- (4)
- A person affected by an initial decision may give written notice to the Secretary, within 28 days after notification of that decision, requesting the Secretary to reconsider the decision.
- (5)
- As soon as practicable after receiving a request under subsection (4), the Secretary must reconsider the initial decision to which the request related and, as a result of that reconsideration:
- (a)
- confirm the initial decision; or
- (b)
- revoke the initial decision; or
- (c)
- vary the initial decision by revoking it and making a decision in substitution of the initial decision.
- (6)
- If the Secretary does not confirm, revoke or vary a decision within 28 days after the Secretary received a request, the Secretary is taken to have confirmed the initial decision.
- (7)
- If, under subsection (4), a request is made for the reconsideration of a decision, the operation of that decision is stayed pending the outcome of the reconsideration.
- (8)
- If written notice of the making of an initial decision with respect to that food is given, the notice is to include a statement to the effect that a person affected by the decision may:
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- (a)
- seek a reconsideration of the initial decision under this section; and
- (b)
- subject to the Administrative Appeals Tribunal Act 1975, if such a person is dissatisfied with the decision on reconsideration, make an application to the Administrative Appeals Tribunal for review of that decision.
- (9)
- After reconsideration of an initial decision, the Secretary must give the applicant for reconsideration written notice:
- (a)
- stating the result for the reconsideration; and
- (b)
- informing the applicant that:
- (i)
- except where subsection 28(4) of the Administrative Appeals Tribunal Act 1975 applies, the applicant may apply for a statement setting out the reasons for the decision on reconsideration; and
- (ii)
- the applicant may, subject to that Act, make an application to the Administrative Appeals Tribunal for review of that decision.
- (10)
- Any failure to comply with the requirements of subsection (8) or (9) in relation to a decision does not affect the validity of the decision.
- (11)
- An application may be made to the Administrative Appeals Tribunal for review of a reviewable decision.
IMPORTED FOOD CONTROL ACT 1992
- SECT 43
Regulations
- (1)
- The Governor-General may make regulations prescribing matters:
- (a)
- required or permitted to be prescribed by this Act; or
- (b)
- necessary or convenient to be prescribed for carrying out or giving effect to this Act.
- (2)
- Without limiting subsection (1), the regulations may:
- (a)
- make provision in relation to:
- (i)
- the establishment of committees to advise the Secretary on matters relating to the control of imported foods; and
- (ii)
- the functions and powers of those committees; and
- (b)
- prescribe requirements for the storage and transport of imported food that is required to be treated, destroyed or re-exported; and
- (c)
- prescribe penalties, not exceeding $1,000 for offences against the regulations.
IMPORTED FOOD CONTROL ACT 1992
Part 5Consequential amendments of other Acts
IMPORTED FOOD CONTROL ACT 1992
Division 1Amendments of the Customs Act 1901
IMPORTED FOOD CONTROL ACT 1992
- SECT Sections
44 and 45
Note:
The amendments made by this Division are incorporated in the compilation on SCALEplus of the Customs Act 1901.
For access to the wording of the amendments made by this Division, see Act No. 221, 1992.
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IMPORTED FOOD CONTROL ACT 1992
Division 2Amendments of the Customs Administration Act 1985
IMPORTED FOOD CONTROL ACT 1992
- SECT Sections
46 and 47
Note:
The amendments made by this Division are incorporated in the compilation on SCALEplus of the Customs Administration Act 1985.
For access to the wording of the amendments made by this Division, see Act No. 221, 1992.
IMPORTED FOOD CONTROL ACT 1992
Notes to the Imported Food Control Act 1992
Note 1
The Imported Food Control Act 1992 as shown in this compilation comprises Act No. 221, 1992 amended as indicated in the Tables below.
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
|
Imported Food Control Act 1992
| 221, 1992
| 24 Dec 1992
| 15 June 1993 (see Gazette 1993, No. GN22)
|
|
National Food Authority Amendment Act 1995
| 152, 1995
| 16 Dec 1995
| Ss. 1 and 2: 16 Dec 1995 Remainder: 1 July 1996 (see Gazette 1996, No. S230)
|
|
Primary Industries and Energy Legislation Amendment Act (No. 2) 1996
| 59, 1996
| 20 Nov 1996
| Schedule 6 (items 1, 2): Royal Assent (a)
|
|
Primary Industries and Energy Legislation Amendment Act (No. 2) 1997
| 94, 1997
| 30 June 1997
| Schedule 4: 22 Oct 1997 (see Gazette 1997, No. S418) (b)
|
|
Agriculture, Fisheries and Forestry Legislation Amendment Act (No. 1) 1999
| 4, 1999
| 31 Mar 1999
| 31 Mar 1999
|
|
Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000
| 137, 2000
| 24 Nov 2000
| Ss. 1-3 and Schedule 1 (items 1, 4, 6, 7, 9-11, 32): Royal Assent Remainder: 24 May 2001
| Sch. 2 (items 418, 419)
|
Australia New Zealand Food Authority Amendment Act 2001
| 81, 2001
| 10 July 2001
| S. 2(6): Royal Assent (c) Schedule 3 (items 3-5): 1 July 2002 (see Gazette 2002, No. GN30) (c)
| S. 2(6)
|
Agriculture, Fisheries and Forestry Legislation Amendment (Application of Criminal Code) Act 2001
| 115, 2001
| 18 Sept 2001
| 16 Oct 2001
| S. 4
|
Agriculture, Fisheries and Forestry Legislation Amendment Act (No. 1) 2004
| 54, 2004
| 27 Apr 2004
| Schedule 2: 28 Apr 2004
|
|
(a)
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The Imported Food Control Act 1992 was amended by Schedule 6 (items 1 and 2) only of the Primary Industries and Energy Legislation Amendment Act (No. 2) 1996, subsection 2(1) of which provides as follows: (1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.
(b) The Imported Food Control Act 1992 was amended by Schedule 4 only of the Primary Industries and Energy Legislation Amendment Act (No. 2) 1997, subsection 2(4) of which provides as follows:
(4) The items of Schedules 4, 6, 7 and 8 commence on a day or days to be fixed by Proclamation.
(c) The Imported Food Control Act 1992 was amended by Schedule 3 (items 3-5) only of the Australia New Zealand Food Authority Amendment Act 2001, subsections 2(1)(a), (2) and (5) of which provide as follows:
(1) The following provisions commence on the day on which this Act receives the Royal Assent:
(a) sections 1, 2 and 3;
(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.
(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.
Table of Amendments ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
|
Provision affected
| How affected
|
Part 1
|
|
S. 2A
| ad. No. 54, 2004
|
S. 3
| am. No. 152, 1995; No. 59, 1996; No. 4, 1999; No. 137, 2000; No. 81, 2001; No. 54, 2004
|
S. 6A
| ad. No. 115, 2001
|
S. 7
| am. No. 94, 1997; No. 4, 1999
|
Part 2
|
|
Division 1
|
|
S. 8
| am. No. 54, 2004
|
S. 8A
| ad. No. 54, 2004
|
Heading to s. 9
| rs. No. 54, 2004
|
S. 9
| am. No. 4, 1999; No. 54, 2004
|
Division 2
|
|
S. 16
| am. No. 54, 2004
|
S. 17
| am. No. 152, 1995
|
Note to s. 18
| rep. No. 137, 2000
|
S. 19
| am. No. 4, 1999
|
Note to s. 19
| rep. No. 137, 2000
|
S. 19A
| ad. No. 137, 2000
|
Division 3
|
|
S. 20
| am. No. 115, 2001
|
Part 3
|
|
S. 22
| am. No. 115, 2001
|
Ss. 23, 24
| am. No. 54, 2004
|
S. 30
| am. No. 137, 2000; No. 115, 2001
|
S. 32
| am. No. 115, 2001
|
S. 35
| am. No. 4, 1999
|
Part 4
|
|
S. 35A
| ad. No. 54, 2004
|
S. 36
| am. No. 54, 2004
|
S. 39
| am. No. 4, 1999
|
S. 40
| rs. No. 59, 1996
|
S. 42
| am. No. 4, 1999; No. 54, 2004
|
Table A
Table A
Application, saving or transitional provisions
Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000 (No. 137, 2000)
Schedule 2 418 Transitionalpre-commencement offences
(1) Despite the amendment or repeal of a provision by this Schedule, that provision continues to apply, after the commencement of this item, in relation to:
- (a)
- an offence committed before the commencement of this item; or
- (b)
- proceedings for an offence alleged to have been committed before the commencement of this item; or
- (c)
- any matter connected with, or arising out of, such proceedings;
as if the amendment or repeal had not been made.
(2) Subitem (1) does not limit the operation of section 8 of the Acts Interpretation Act 1901.
419 Transitionalpre-commencement notices If:
- (a)
- a provision in force immediately before the commencement of this item required that a notice set out the effect of one or more other provisions; and
- (b)
- any or all of those other provisions are repealed by this Schedule; and
- (c)
- the first-mentioned provision is amended by this Schedule;
the amendment of the first-mentioned provision by this Schedule does not affect the validity of such a notice that was given before the commencement of this item.
Australia New Zealand Food Authority Amendment Act 2001 (No. 81, 2001)
2 Commencement 2(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.
Agriculture, Fisheries and Forestry Legislation Amendment (Application of Criminal Code) Act 2001 (No. 115, 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.