EXPLANATORY STATEMENT

Food Standards Australia New Zealand Amendment Act 2010

Proclamation

Subsection 2(1) of the Food Standards Australia New Zealand Amendment Act 2010 (the Amendment Act) provides that Schedule 1 to the Amendment Act commences on a single day to be fixed by Proclamation.  However, if any of the provisions of Schedule 1 do not commence within the period of 6 months beginning on the day this Amendment Act receives the Royal Assent, they commence on the day after the end of that period.  The Amendment Act received the Royal Assent on 17 November 2010.

The purpose of the Proclamation is to fix the commencement date for Schedule 1 to the Amendment Act.  The Proclamation fixes 1 March 2011 as the day on which the Amendment Act commences.

The Amendment Act amends the Food Standards Australia New Zealand Act 1991 (the FSANZ Act) and includes consequential amendments to the Agricultural and Veterinary Chemicals (Administration) Act 1992 and the Agricultural and Veterinary Chemicals Code Act 1994.  The amendments will eliminate duplication and improve the efficiency of the regulatory process by allowing the Australian Pesticides and Veterinary Medicines Authority (APVMA) to vary the Maximum Residue Limits (MRL) Standard in the Australia and New Zealand Food Standards Code.  The Amendment Act also amends the annual reporting requirements for Food Standards Australia New Zealand (FSANZ) and corrects some minor inconsistencies, mainly stemming from the relatively complex amendments made to the FSANZ Act in 2007.  It also corrects an inconsistency in the FSANZ Act that limits FSANZ’s capacity to cost recover for its activities.

The commencement provisions in clause 2 were included to ensure that the transition to the reformed process for varying the MRL Standard could be undertaken smoothly, and to provide certainty for stakeholders.

In agreeing a commencement date for Schedule 1 of the Food Standards Australia New Zealand Amendment Act 2010, the Department of Health and Ageing consulted with Food Standards Australia New Zealand, the Department of Agriculture, Fisheries and Forestry, and the Australian Pesticides and Veterinary Medicines Authority.

Stakeholders in the farming and agvet chemical industries are likely to be anticipating the implementation of this reform.

The Proclamation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.

                                                                                Authority:   Subsection 2(1) of the             

                                                                                Food Standards Australia New         
                                                                                Zealand Amendment Act 2010