Federal Register of Legislation - Australian Government

Primary content

Regulations as made
This instrument amends the Imported Food Control Regulations 1993 to allow for the lowering of the rate of inspection and analysis of a risk food where there are reasonable grounds to believe the food complies with Australia’s food standards and does not pose a risk to human health.
Administered by: Agriculture and Water Resources
Registered 18 Apr 2017
Tabling HistoryDate
Tabled HR09-May-2017
Tabled Senate09-May-2017
Date of repeal 20 Apr 2017
Repealed by Division 1 of Part 3 of Chapter 3 of the Legislation Act 2003
Table of contents.

 

Imported Food Control Amendment (Food Inspection) Regulations 2017

I, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.

Dated 13 April 2017

Peter Cosgrove

Governor‑General

By His Excellency’s Command

Barnaby Joyce

Deputy Prime Minister and Minister for Agriculture and Water Resources

 

  

  


Contents

1............ Name............................................................................................................................. 1

2............ Commencement............................................................................................................. 1

3............ Authority....................................................................................................................... 1

4............ Schedules...................................................................................................................... 1

Schedule 1—Amendments                                                                                                                          2

Imported Food Control Regulations 1993                                                                                       2

 


1  Name

                   This instrument is the Imported Food Control Amendment (Food Inspection) Regulations 2017.

2  Commencement

             (1)  Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this instrument

The day after this instrument is registered.

19 April 2017

Note:          This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

             (2)  Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

                   This instrument is made under the Imported Food Control Act 1992.

4  Schedules

                   Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1Amendments

  

Imported Food Control Regulations 1993

1  Regulation 3 (definition of particular source)

Omit “maufacturer”, substitute “manufacturer”.

2  Regulation 9

Repeal the regulation, substitute:

9  Food that may be classified as risk food

                   Food of a particular kind may be classified as risk food if, on being consulted as required under section 17 of the Act, Food Standards Australia New Zealand advises the Minister that the food has the potential to pose a high or medium risk to public health.

3  Paragraph 17(3)(b)

Omit “public health”, substitute “human health”.

4  After subregulation 17(3)

Insert:

          (3A)  The rate of inspection of food may be lowered from the normal rate or the tightened rate to the reduced rate when:

                     (a)  there are reasonable grounds for believing that food of that kind from that source:

                              (i)  complies with the applicable standards; and

                             (ii)  does not pose a risk to human health; and

                     (b)  if the previous rate was the normal rate because it had been raised under subregulation (5), or the tightened rate because it had been raised under subregulation (4) or (6)—5 consecutive batches of that food pass inspection.

Note:          See regulation 17A for a circumstance in which there are reasonable grounds for the belief mentioned in paragraph (a).

5  Subregulation 17(5)

After “the normal rate”, insert “when”.

6  Subparagraph 17(6)(b)(ii)

Omit “public health”, substitute “human health”.

7  After regulation 17

Insert:

17A  Systems recognition arrangements

                   Without limiting paragraph 17(3A)(a), there are taken to be reasonable grounds for the belief mentioned in that paragraph if that kind of food, from that source, is covered by a written arrangement that is:

                     (a)  in force between the Department and an instrumentality of a government of a foreign country; and

                     (b)  based on an assessment of the food safety systems of Australia and the foreign country that concluded:

                              (i)  that Australia and the foreign country have equivalent food safety systems; and

                             (ii)  that the Department and the instrumentality conduct equivalent monitoring of the food they regulate.