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Food Standards Australia New Zealand Regulations 1994

Authoritative Version
  • - F2010C00453
  • In force - Superseded Version
  • View Series
SR 1994 No. 286 Regulations as amended, taking into account amendments up to SLI 2010 No. 103
Principal Regulations
Administered by: Health
Registered 01 Jul 2010
Start Date 01 Jul 2010
End Date 31 May 2015

Food Standards Australia New Zealand Regulations 1994

Statutory Rules 1994 No. 286 as amended

made under the

This compilation was prepared on 1 July 2010
taking into account amendments up to SLI 2010 No. 103

Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra


Contents

                        1     Name of Regulations [see Note 1]                                     3

                        2     Definitions                                                                       3

                        3     Appropriate government agencies                                      3

                        6     Disclosure of confidential commercial information               4

                      6A     Board of Food Standards Australia New Zealand — prescribed organisations and public bodies from which nominations may be sought (Act s116)                     4

                        7     Charges — general                                                          4

                      7A     Charges — instalments for general procedure level 3 and 4 applications           4

                      7B     Charges — instalments for major procedure applications     6

                        8     Refunds                                                                          7

                        9     Procedure classification                                                   7

                       10     Period within which consideration of proposal must be complete          8

                       11     Period within which consideration of applications for standards or variations must be complete   8

Schedule 1             Appropriate government agencies                                9

Part 1                      Departments of the Commonwealth                                   9

Part 2                      State and Territory authorities                                           9

Schedule 2             Prescribed authorities to which confidential commercial information may be disclosed 11

Part 1                      Commonwealth authorities                                              11

Part 2                      State and Territory authorities                                         11

Part 3                      New Zealand authorities                                                  12

Schedule 2A           Board — prescribed organisations and public bodies from which nominations may be sought                                                                                    13

Part 1                      Science and public health organisations and public bodies 13

Part 2                      Food industry organisations and public bodies                  15

Schedule 3             Charges                                                                       17

Schedule 4             Procedure classification                                              18

Notes                                                                                                          23

 


  

  

1              Name of Regulations [see Note 1]

                These Regulations are the Food Standards Australia New Zealand Regulations 1994.

2              Definitions

                In these Regulations:

Act means the Food Standards Australia New Zealand Act 1991.

application means an application made under section 22 of the Act.

application consideration process, for an application for the development or variation of a food regulatory measure, other than a high level health claims variation, means the process undertaken by the Authority in relation to the application under:

                (a)    Part 3 of the Act, other than the Authority’s dealings with the Council; and

               (b)    any other Commonwealth law.

Example of other Commonwealth law

The Legislative Instruments Act 2003.

procedure, for an application, means the procedure of assessment into which the application is classified under section 25 of the Act.

proposal means a proposal prepared under section 55 of the Act.

3              Appropriate government agencies

         (1)   For paragraph (a) of the definition of appropriate government agency in subsection 4 (1) of the Act, each Department of the Commonwealth mentioned in Part 1 of Schedule 1 is prescribed.

         (2)   For paragraph (d) of the definition of appropriate government agency in subsection 4 (1) of the Act, each State or Territory authority mentioned in Part 2 of Schedule 1 is prescribed.

6              Disclosure of confidential commercial information

                For paragraph 114 (4) (b) of the Act, each authority mentioned in Schedule 2 is prescribed.

6A           Board of Food Standards Australia New Zealand — prescribed organisations and public bodies from which nominations may be sought (Act s116)

         (1)   For paragraph 116 (3) (b) of the Act, each organisation and public body mentioned in column 2 of an item in Part 1 of Schedule 2A is prescribed for the purposes of each subparagraph of paragraph 116 (3) (a) of the Act mentioned in column 3 of that item.

         (2)   For paragraph 116 (4) (b) of the Act, each organisation and public body mentioned in column 2 of an item in Part 2 of Schedule 2A is prescribed for the purposes of each subparagraph of paragraph 116 (4) (a) of the Act mentioned in column 3 of that item.

7              Charges — general

                For subsection 146 (1) of the Act, a body or person must pay to the Authority the charges mentioned in Schedule 3 for the services and facilities mentioned in Schedule 3 that the Authority provides to the body or person.

7A           Charges — instalments for general procedure level 3 and 4 applications

         (1)   For subsection 146 (1A) of the Act, the charge for an application that is classified under Schedule 4 as a general procedure level 3 or 4 application is payable by instalments as follows:

                (a)    the first instalment is payable within 20 business days after the day the notice of acceptance is given under section 27 of the Act;

               (b)    the second instalment of 25% of the charge for the application mentioned in item 1 of Schedule 3 is payable as soon as practicable after the day the public notice is given under section 31 of the Act, but before the end of the submission period mentioned in the section.

         (2)   However, for an application that is withdrawn under section 24 of the Act before the day the public notice is given under section 31 of the Act, and for an application that is rejected by the Authority under paragraph 30 (1) (b) of the Act, the second instalment is:

                (a)    $115 for each hour, if any, for the time taken (the time taken) for the application consideration process for the application:

                          (i)    after the time the amount mentioned in paragraph (a) of the definition of first instalment is exhausted; and

                         (ii)    before notice of the withdrawal of the application is given to the Authority, or notice of the rejection of the application is given to the applicant; and

               (b)    payable within 20 business days after the day a notice mentioned in subparagraph (a) (ii) is given.

         (3)   If notice of the withdrawal of the application is given to the Authority by a person, the Authority must give the person a written notice that sets out the time taken and the amount of the second instalment.

         (4)   If the Authority gives the applicant notice of the rejection of the application, the notice must include the time taken and the amount of the second instalment.

         (5)   In this regulation:

first instalment means the total of:

                (a)    75% of the charge for the application mentioned in item 1 of Schedule 3; and

               (b)    the amount mentioned in item 2 of Schedule 3.

7B           Charges — instalments for major procedure applications

         (1)   For subsection 146 (1A) of the Act, the charge for an application that is classified under Schedule 4 as a major procedure application is payable by instalment as follows:

                (a)    the first instalment is payable within 20 business days after the day the notice of acceptance is given under section 27 of the Act;

               (b)    the second instalment of 75% of the charge for the application mentioned in item 1 of Schedule 3 is payable as soon as practicable after the day the public notice is given under section 44 of the Act, but before the end of the submission period mentioned in the section.

         (2)   However, for an application that is withdrawn under section 24 of the Act before the day the public notice is given under section 44 of the Act, and for an application that is rejected by the Authority under paragraph 30 (1) (b) of the Act, the second instalment is:

                (a)    $115 for each hour, if any, for the time taken (the time taken) for the application consideration process for the application:

                          (i)    after the time the amount mentioned in paragraph (a) of the definition of first instalment is exhausted; and

                         (ii)    before notice of the withdrawal of the application is given to the Authority, or notice of the rejection of the application is given to the applicant; and

               (b)    payable within 20 business days after the day a notice mentioned in subparagraph (a) (ii) is given.

         (3)   If notice of the withdrawal of the application is given to the Authority by a person, the Authority must give the person a written notice that sets out the time taken and the amount of the second instalment.

         (4)   If the Authority gives the applicant notice of the rejection of the application, the notice must include the time taken and the amount of the second instalment.

         (5)   In this regulation:

first instalment means the total of:

                (a)    25% of the charge for the application mentioned in item 1 of Schedule 3; and

               (b)    the amount mentioned in item 2 of Schedule 3.

8              Refunds

                For subsections 24 (2), 110 (3) and 149 (2) of the Act, and for an application, the applicant’s refund is the total of:

                (a)    after the Authority has paid the amounts, if any, mentioned in item 2 of Schedule 3 — the balance, if any, of the $10 000 mentioned in the item; and

               (b)    $115 for each hour, if any, that the time taken for the application consideration process for the application is less than:

                          (i)    for a general procedure level 4 application — the hours mentioned in paragraph 9 (2) (b); and

                         (ii)    for a major procedure application — the hours mentioned in subparagraph 9 (2) (c) (ii); and

                         (iii)    for any other category of application — the maximum hours mentioned in Schedule 4 for the category.

Example

The Authority classifies an application as a general procedure level 2 application because it is likely to take 650 hours for the application consideration process for the application.  The application is withdrawn after the applicant has paid $84 750 ($10 000 plus $74 750, the charge for a general procedure level 2 application), and after 500 hours of work have been done.  The refund amount is $27 250 ($10 000 plus $17 250, the 150 unused hours paid at the rate of $115 per hour).

9              Procedure classification

         (1)   This regulation applies to an application for which charges are payable.

         (2)   If the Authority accepts an application under section 26 of the Act, the Authority must:

                (a)    classify the application in accordance with section 25 of the Act and Schedule 4; and

               (b)    if the application is classified as a general procedure level 4 application — work out how many hours are likely to be taken for the application consideration process for the application; and

                (c)    if the application is classified as a major procedure application, work out:

                          (i)    if the application consideration process for the application is likely to take 1 200 hours or more; and

                         (ii)    if so, how many hours are likely to be taken.

10            Period within which consideration of proposal must be complete

                For section 83 of the Act, the consideration period ends 9 months after it begins.

11            Period within which consideration of applications for standards or variations must be complete

                For subsection 109 (3) of the Act, the consideration period ends:

                (a)    for a general procedure in Subdivision D of the Act — 9 months after it begins; and

               (b)    for a minor procedure in Subdivision E of the Act — 3 months after it begins; and

                (c)    for a major procedure in Subdivision F of the Act — 12 months after it begins.


Schedule 1        Appropriate government agencies

(regulation 3)

Part 1          Departments of the Commonwealth

 

Item

Department

1

Department of Agriculture, Fisheries and Forestry

2

Attorney‑General’s Department

3

Department of Education, Science and Training

4

Department of Foreign Affairs and Trade

5

Department of Health and Ageing

6

Department of Industry, Tourism and Resources

Part 2          State and Territory authorities

 

Item

Authority

1

Department of Primary Industries (NSW)

2

NSW Food Authority

3

NSW Health

4

Department of Primary Industries (Vic)

5

Department of Sustainability and Environment (Vic)

6

Department of Innovation, Industry and Regional Development (Vic)

7

Department of Human Services (Vic)

8

Department of Primary Industries and Fisheries (Qld)

9

Queensland Health

10

Safe Food Queensland

11

Department of Agriculture and Food (WA)

12

Department of Health (WA)

13

Department of Primary Industries and Resources South Australia

14

Department of Health (SA)

15

Department of Primary Industries and Water (Tas)

16

Department of Health and Human Services, Tasmania

17

ACT Health

18

Department of Business, Economic and Regional Development of the Northern Territory

19

Department of Health and Community Services (NT)

Schedule 2        Prescribed authorities to which confidential commercial information may be disclosed

(regulation 6)

Part 1          Commonwealth authorities

 

Item

Authority

1

Department of Agriculture, Fisheries and Forestry

2

Attorney‑General’s Department

3

Department of Education, Science and Training

4

Department of Families, Community Services and Indigenous Affairs

5

Department of Foreign Affairs and Trade

6

Department of Health and Ageing

7

Department of Industry, Tourism and Resources

Part 2          State and Territory authorities

 

Item

Authority

1

Department of Primary Industries (NSW)

2

NSW Health

3

NSW Food Authority

4

Department of Human Services (Vic)

5

Department of Primary Industries (Vic)

6

Department of Sustainability and Environment (Vic)

7

Department of Innovation, Industry and Regional Development (Vic)

8

Department of Primary Industries and Fisheries (Qld)

9

Queensland Health

10

Safe Food Queensland

11

Department of Agriculture and Food (WA)

12

Department of Health (WA)

13

Department of Health (SA)

14

Department of Primary Industries and Resources of South Australia

15

Department of Health and Human Services, Tasmania

16

Department of Primary Industries, Water and Environment of Tasmania

17

ACT Health

18

Department of Business, Economic and Regional Development of the Northern Territory

19

Department of Health and Community Services (NT)

Part 3          New Zealand authorities

 

Item

Authority

1

Environmental Risk Management Authority

2

Ministry of Health

3

Ministry of Agriculture and Forestry

4

New Zealand Food Safety Authority

Schedule 2A      Board — prescribed organisations and public bodies from which nominations may be sought

(regulation 6A)

Part 1          Science and public health organisations and public bodies

 

Item

Organisation or public body

Subparagraph of paragraph 116 (3) (a)

 

Australian organisations and public bodies

 

101

Australian Academy of Science

Subparagraph (vi)

102

CHOICE

Subparagraphs (i) and (ii)

103

Australian Institute of Environmental Health

Subparagraphs (i), (iii), (vii) and (viii)

104

Australian Medical Association Limited

Subparagraphs (i) and (vi)

104A

Australian Society for Biochemistry and Molecular Biology Incorporated

Subparagraphs (vi), (vii) and (ix)

105

Australian Veterinary Association Ltd

Subparagraph (x)

106

Consumers’ Health Forum of Australia Incorporated

Subparagraphs (i) and (ii)

107

Dietitians Association of Australia

Subparagraphs (i), (iii), (iv), (v) and (viii)

108

Food Science Australia

Subparagraphs (iii), (iv), (v), (vii) and (viii)

109

National Aboriginal Community Controlled Health Organisation

Subparagraphs (i) and (ii)

110

Nutrition Australia

Subparagraphs (i), (ii) and (v)

111

Nutrition Society of Australia Incorporated

Subparagraphs (iii), (iv), (v) and (viii)

112

Public Health Association of Australia Incorporated

Subparagraphs (i), (ii), (iii), (iv), (v) and (viii)

113

Royal Australian Chemical Institute Incorporated

Subparagraph (iii)

115

The Australian Institute of Food Science and Technology Incorporated

Subparagraphs (i), (iii), (iv), (v), (vii) and (viii)

116

The Australian Society for Microbiology Incorporated

Subparagraph (vii)

117

The Royal Australasian College of Physicians (Faculty of Public Health Medicine)

Subparagraphs (i), (v) and (vi)

 

New Zealand organisations and public bodies

 

150

Association of Crown Research Institutes Incorporated

Subparagraphs (i), (ii), (iii), (vi), (vii), (viii) and (ix)

151

Consumer Forum on Food Safety

Subparagraph (ii)

152

Consumers’ Institute of New Zealand Incorporated

Subparagraphs (ii), (v) and (viii)

153

Health Research Council of New Zealand

Subparagraphs (i), (iv), (v), (vi), (vii) and (ix)

154

Maori Women’s Welfare League Inc

Subparagraphs (i), (ii) and (viii)

155

National Council of Women of NZ (Inc)

Subparagraph (ii)

156

New Zealand Biotech 2003 Incorporated

Subparagraph (ix)

157

The Royal Australasian College of Physicians, New Zealand Committee, Faculty of Public Health Medicine

Subparagraphs (i), (v) and (vi)

158

New Zealand Dietetic Association (Inc)

Subparagraphs (i), (ii), (iii), (iv), (v) and (viii)

159

The New Zealand Institute of Food Science and Technology

Subparagraphs (iii), (viii) and (ix)

160

New Zealand Medical Association Inc

Subparagraphs (i) and (vi)

161

New Zealand Nutrition Foundation

Subparagraphs (v), (vi) and (viii)

162

The Public Health Association of New Zealand Incorporated

Subparagraphs (i), (ii), (iii), (iv), (v), (vi), (vii), (viii) and (ix)

163

The Royal Society of New Zealand

Subparagraphs (vii) and (ix)

Part 2          Food industry organisations and public bodies

 

Item

Organisation or public body

Subparagraph of paragraph 116 (4) (a)

 

Australian organisations and public bodies

 

201

Australian Chamber of Commerce and Industry

Subparagraphs (i), (ii), (iv), (vi) and (vii)

202

Australian Food and Grocery Council

Subparagraphs (i), (ii), (v), (vi) and (vii)

203

Australian Hotels Association

Subparagraphs (i), (iv), (vi) and (vii)

204

The Australian Industry Group

Subparagraphs (i), (iv), (v), (vi) and (vii)

205

The Australian Retailers Association

Subparagraphs (i), (ii) (iv), (vi) and (vii)

206

Council of Small Business Organisations of Australia Limited

Subparagraphs (iv) and (vi)

207

National Association of Retail Grocers of Australia Pty Ltd

Subparagraphs (ii) and (iv)

208

National Farmers’ Federation Limited

Subparagraphs (iii), (iv), (v) and (vi)

209

Restaurant and Catering Australia

Subparagraphs (i), (iv), (vi) and (vii)

 

New Zealand organisations and public bodies

 

250

National Association of Retail Grocers and Supermarkets of New Zealand Inc

Subparagraphs (i), (ii) and (iv)

251

New Zealand Grocery Marketers Association (Inc)

Subparagraphs (i), (ii), (iv), (v), (vi) and (vii)

252

New Zealand Retailers Association Incorporated

Subparagraph (ii)

Schedule 3        Charges

(regulation 7)

  

 

Item

Service or facility provided by the Authority

Charge ($)

1

The application consideration process for:

 

 

   (a)  a minor procedure application

11 500

 

   (b)  a general procedure level 1 application

40 250

 

   (c)  a general procedure level 2 application

74 750

 

   (d)  a general procedure level 3 application

115 000

 

   (e)  a general procedure level 4 application:

 

 

         (i)   base charge; and

115 000

 

        (ii)   for each hour that the process is likely to take after the first 1 000 hours

115

 

   (f)  a major procedure application:

 

 

         (i)   base charge; and

138 000

 

        (ii)   if the Authority works out, under regulation 9, that the application consideration process for the application is likely to take 1 200 hours or more — for each hour that the process is likely to take after the first 1 200 hours

115

2

The steps in the application consideration process for an application that are required under any of the following, for which amounts (however described) are payable by the Authority:

   (a)  the Act or another Act;

   (b)  regulations or another instrument made under the Act or another Act

10 000

 

Examples of required steps

1   Publishing a notice mentioned in paragraph 34 (1) (c) of the Act in a newspaper.

2   Registering a new standard under the Legislative Instruments Act 2003.

 

Schedule 4        Procedure classification

(regulations 7A, 7B, 8 and 9)

 

1              General procedure

     1.1       This procedure applies to applications that are not being considered under the minor procedure or the major procedure.

Note   The general procedure is the default procedure for considering an application for the development of a food regulatory measure or a variation to a food regulatory measure.

                General procedure level 1

     1.2       A general procedure application is to be classified as a general procedure level 1 application if the application consideration process for the application is likely to take a maximum of 350 hours.

Examples

1   An application for the variation or development of a food regulatory measure involving:

(a)      extending the use of a food or food additive that is permitted under a standard; or

(b)      a new source organism for an enzyme; or

(c)      a minor change to a labelling requirement; or

(d)      a minor change to a compositional requirement for a food; or

(e)      reducing a maximum residue limit.

2   This kind of application is likely to:

(a)      involve an assessment of the risk to public health and safety of less than average complexity; or

(b)      have a limited, or no, social or economic impact; or

(c)      require a toxicological, nutritional, food technology, dietary modelling or microbiological assessment of less than average complexity; or

(d)      require an assessment of risk management measures of less than average complexity; or

(e)      involve the development of a basic community communications strategy to address public concern.

Note   Section 1.1 provides that the general procedure applies to applications that are not being considered under the minor procedure.

                General procedure level 2

     1.3       A general procedure application is to be classified as a general procedure level 2 application if the application consideration process for the application is likely to take more than 350 hours, to a maximum of 650 hours.

Examples

1   An application for the variation or development of a food regulatory measure involving:

(a)      extending the use of a substance to a specific food; or

(b)      a pre‑market approval similar to a previous approval; or

(c)      a new micro‑organism; or

(d)      changing a compositional requirement for a food; or

(e)      inserting or increasing a maximum residue limit.

2   This kind of application is likely to:

(a)      involve an assessment of the risk to public health and safety of average complexity; or

(b)      have a low social or economic impact; or

(c)      require a toxicological, nutritional, food technology, dietary modelling or microbiological assessment of average complexity; or

(d)      require an assessment of risk management measures of average complexity; or

(e)      involve the development of a community communications strategy to address public concern.

                General procedure level 3

     1.4       A general procedure application is to be classified as a general procedure level 3 application if the application consideration process for the application is likely to take more than 650 hours, to a maximum of 1 000 hours.

Examples

1   An application for the variation or development of a food regulatory measure involving:

(a)      extending the use of a substance to a range of foods; or

(b)      changing a labelling requirement for a food; or

(c)      a pre‑market approval; or

(d)      establishing or increasing a maximum permitted concentration for an environmental contaminant or heavy metal.

2   This kind of application is likely to:

(a)      involve an assessment of the risk to public health and safety of greater than average complexity; or

(b)      have a broad social or economic impact; or

(c)      require a toxicological, nutritional, food technology, dietary modelling or microbiological assessment of greater than average complexity; or

(d)      require an assessment of risk management measures of greater than average complexity; or

(e)      involve the development of a complex community communications strategy to address public concern; or

(f)       require targeted consultation with key stakeholders or special interest groups; or

(g)      require the provision of advice to advisory groups, peak organisations or other stakeholders.

                General procedure level 4

     1.5       A general procedure application is to be classified as a general procedure level 4 application if the application consideration process for the application is likely to take more than 1 000 hours.

Examples

1   An application for the variation or development of a food regulatory measure involving:

(a)      adding a new substance to a limited range of foods; or

(b)      changing a labelling requirement for a limited range of foods; or

(c)      a complex pre‑market approval.

2   This kind of application is likely to:

(a)      involve an extensive and complex assessment of the risk to public health and safety; or

(b)      have a broad and significant social or economic impact; or

(c)      require an extensive and complex toxicological, nutritional, food technology, dietary modelling or microbiological assessment; or

(d)      require an extensive and complex assessment of risk management measures; or

(e)      involve the development of an extensive and complex community communications strategy to address public concern; or

(f)       require targeted consultation with key stakeholders or special interest groups; or

(g)      require the development and distribution of community education material; or

(h)      require the establishment of external working groups to discuss and interpret scientific evidence and social perceptions.

Note   Section 1.1 provides that the general procedure applies to applications that are not being considered under the major procedure.

2              Minor procedure

     2.1       This procedure applies to an application for a variation of a food regulatory measure that, if made, would not directly or indirectly:

                (a)    impose, vary or remove an obligation on any person; or

               (b)    create, vary or remove a right of any person; or

                (c)    otherwise alter the legal effect of the measure.

Examples

A variation would fall within this procedure if its only effect would be:

(a)      correcting a typographical error; or

(b)      updating a reference to another document; or

(c)      amending a cross‑reference within a food regulatory measure; or

(d)      omitting provisions of a food regulatory measure that have ceased to have effect.

     2.2       The application consideration process for an application that is classified as a minor procedure application is likely to take a maximum of 100 hours.

3              Major procedure

     3.1       This procedure applies to:

                (a)    an application for the development of a new food regulatory measure; and

               (b)    an application for the variation of a food regulatory measure that:

                          (i)    involves scientific or technical complexity that makes it necessary to adopt this procedure for the application consideration process for the application; or

                         (ii)    involves a significant change to the scope of the food regulatory measure that makes it necessary to adopt this procedure for the application consideration process for the application.

Examples

1   An application for the development of a new food regulatory measure, or a major variation to a food regulatory measure, involving:

(a)      developing a new standard; or

(b)      changing a labelling requirement affecting a wide range of foods; or

(c)      changing a compositional requirement for a wide range of foods; or

(d)      adding a new substance affecting a wide range of foods; or

(e)      a pre‑market approval, with no similar previous approvals.

2   This kind of application is likely to:

(a)      involve a very extensive and complex assessment of the risk to public health and safety; or

(b)      have a very broad and significant social or economic impact; or

(c)      require a very extensive and complex toxicological, nutritional, food technology, dietary modelling or microbiological assessment; or

(d)      require a very extensive and complex assessment of risk management measures; or

(e)      involve the development of a very extensive and complex community communications strategy to address public concern; or

(f)       require targeted consultation with key stakeholders or special interest groups; or

(g)      require the development and distribution of community education material; or

(h)      require extensive consultation with government agencies, industry, health professionals and consumer groups; or

(i)       require the establishment of high‑level advisory groups to discuss and interpret scientific evidence and social perceptions; or

(j)       require community meetings including public hearings.

     3.2       The application consideration process for an application that is classified as a major procedure application is likely to take 1 200 hours or more.

 


Notes to the Food Standards Australia New Zealand Regulations 1994

Note 1

The Food Standards Australia New Zealand Regulations 1994 (in force under the Food Standards Australia New Zealand Act 1991) as shown in this compilation comprise Statutory Rules 1994 No. 286 amended as indicated in the Tables below.

For all relevant information pertaining to application, saving or transitional provisions see Table A.

Table of Instruments

Year and
number

Date of notification
in Gazette or FRLI registration

Date of
commencement

Application, saving or
transitional provisions

1994 No. 286

23 Aug 1994

23 Aug 1994

 

2000 No. 122

22 June 2000

1 July 2000

2001 No. 341

21 Dec 2001

21 Dec 2001

2002 No. 38

7 Mar 2002

7 Mar 2002

2002 No. 119

14 June 2002

1 July 2002 (see r. 2 and Gazette 2002, No. GN30)

2004 No. 265

26 Aug 2004

26 Aug 2004

R. 4

2007 No. 310

28 Sept 2007 (see F2007L02390)

1 Oct 2007

R. 4

2010 No. 103

25 May 2010 (see F2010L00600)

1 July 2010

R. 4

Table of Amendments

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

Provision affected

How affected

R. 1.........................................

rs. 2000 No. 122; 2002 No. 119

R. 2.........................................

am. 2000 No. 122; 2002 No. 119; 2004 No. 265; 2007
No. 310; 2010 No. 103

R. 3.........................................

am. 2000 No. 122

 

rs. 2002 No. 119

 

am. 2007 No. 310

R. 4.........................................

am. 2002 No. 119

 

rep. 2007 No. 310

R. 5.........................................

rep. 2002 No. 119

R. 6.........................................

rs. 2000 No. 122; 2002 No. 119; 2007 No. 310

R. 6A.......................................

ad. 2001 No. 341

 

rep. 2004 No. 265

 

am. 2007 No. 310

R. 7.........................................

ad. 2000 No. 122

 

rs. 2007 No. 310; 2010 No. 103

Example to r. 7.....................

am. 2002 No. 119

 

rep. 2007 No. 310

R. 7A.......................................

ad. 2010 No. 103

R. 7B......................................

ad. 2010 No. 103

R. 8.........................................

ad. 2000 No. 122

 

am. 2002 No. 119

 

rs. 2004 No. 265; 2007 No. 310; 2010 No. 103

Note 1 to r. 8 (1)...................

am. 2002 No. 119

 

rep. 2007 No. 310

Heading to r. 9......................

rs. 2002 No. 119; 2007 No. 310

R. 9.........................................

ad. 2000 No. 122

 

am. 2002 No. 119

 

rs. 2007 No. 310

 

am. 2010 No. 103

Heading to r. 10...................

rs. 2002 No. 119; 2007 No. 310

R. 10.......................................

ad. 2000 No. 122

 

am. 2002 No. 119; 2004 No. 265

 

rs. 2007 No. 310

Heading to r. 11...................

rs. 2002 No. 119; 2007 No. 310

R. 11.......................................

ad. 2000 No. 122

 

am. 2002 No. 119

 

rs. 2007 No. 310

Heading to r. 12...................

rs. 2002 No. 119; 2004 No. 265

 

rep. 2007 No. 310

R. 12.......................................

ad. 2000 No. 122

 

am. 2002 No. 119

 

rs. 2004 No. 265

 

rep. 2007 No. 310

Heading to r. 13...................

rs. 2002 No. 119; 2004 No. 265

 

rep. 2007 No. 310

Rr. 13, 14...............................

ad. 2000 No. 122

 

am. 2002 No. 119

 

rs. 2004 No. 265

 

rep. 2007 No. 310

Heading to r. 15...................

rs. 2002 No. 119

 

rep. 2004 No. 265

R. 15.......................................

ad. 2000 No. 122

 

am. 2002 No. 119

 

rep. 2004 No. 265

Heading to r. 16...................

rs. 2002 No. 119

 

rep. 2004 No. 265

R. 16.......................................

ad. 2000 No. 122

 

rep. 2004 No. 265

Rr. 17, 18...............................

ad. 2000 No. 122

 

rep. 2004 No. 265

Schedule 1

 

Schedule 1............................

rs. 2002 No. 119

 

am. 2004 No. 265; 2007 No. 310

Schedule 1A

 

Schedule 1A.........................

ad. 2002 No. 119

 

rs. 2004 No. 265

 

am. 2007 No. 310

Schedule 2

 

Schedule 2............................

rs. 2002 No. 119

 

am. 2004 No. 265; 2007 No. 310

Schedule 2A

 

Schedule 2A.........................

ad. 2001 No. 341

 

am. 2002 No. 38; 2004 No. 265; 2007 No. 310

Schedule 3

 

Schedule 3............................

ad. 2000 No. 122

 

am. 2002 No. 119

 

rs. 2004 No. 265; 2007 No. 310

 

am. 2010 No. 103

Schedule 4

 

Heading to Schedule 4.......

rs. 2010 No. 103

Schedule 4............................

ad. 2004 No. 265

 

rs. 2007 No. 310

 

am. 2010 No. 103

Table A                  Application, saving or transitional provisions

Statutory Rules 2004 No. 265

4              Transitional

         (1)   Despite the amendments made by items [5], [7], [9] and [24] of Schedule 1, regulations 12, 15, 16 and 17 of, and Schedule 3 to, the old Regulations continue to apply to an application for the development or variation of a food regulatory measure if, in relation to the application, a charge or fee was paid before the commencement of these Regulations under regulation 8 or 18 of the old Regulations.

         (2)   In this regulation:

old Regulations means the Food Standards Australia New Zealand Regulations 1994, as in force immediately before the commencement of these Regulations.

 

Select Legislative Instrument 2007 No. 310

4              Transitional

        4.1   The Food Standards Australia New Zealand Regulations 1994 as in force immediately before 1 October 2007 continue to apply to an application or a proposal made before 1 October 2007.

        4.2   In this regulation:

application means an application made under section 12 of the former Act.

former Act means the Food Standards Australia New Zealand Act 1991 as in force immediately before 1 July 2007.

proposal means a proposal prepared under section 12AA of the former Act.

 

Select Legislative Instrument 2010 No. 103

4              Transitional

                The Food Standards Australia New Zealand Regulations 1994, as in force immediately before 1 July 2010, continue to apply to an application made before that day under section 22 of the Food Standards Australia New Zealand Act 1991.