Australia New Zealand Food Authority Amendment Regulations 2002 (No. 2) (Cth)

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Australia New Zealand Food Authority Amendment Regulations 2002 (No. 2)1

Statutory Rules 2002 No. 1192

I, PETER JOHN HOLLINGWORTH, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Australia New Zealand Food Authority Act 1991.

Dated 6 June 2002

PETER HOLLINGWORTH

Governor-General

By His Excellency’s Command

TRISH WORTH

Parliamentary Secretary to the Minister for Health and Ageing

1Name of Regulations

 These Regulations are the Australia New Zealand Food Authority Amendment Regulations 2002 (No. 2).

2Commencement

These Regulations commence on the commencement of Part 1 of Schedule 1 (other than item 120A) to the Australia New Zealand Food Authority Amendment Act 2001.

3Amendment of Australia New Zealand Food Authority Regulations 1994

 Schedule 1 amends the Australia New Zealand Food Authority Regulations 1994.

Schedule 1Amendments

(regulation 3)

  

[1]Regulation 1

substitute

1Name of Regulations

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

[2]Regulation 2, definition of Act

substitute

Act means the Food Standards Australia New Zealand Act 1991.

[3]Regulation 2, definition of proposal

omit

section 21

insert

section 12AA

[4]Regulation 3

substitute

3Appropriate government agencies

  • (1)

    For paragraph (a) of the definition of appropriate government agency in subsection 3 (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 3 (1) of the Act, each State or Territory authority mentioned in Part 2 of Schedule 1 is prescribed.

[5]Subregulation 4 (1)

omit

subsection 36 (1) of the Act, to omit to do one or more of the matters

insert

subsection 36 (1A) of the Act, not to do something

[6]Subregulation 4 (2)

omit

Schedule 1

insert

Schedule 1A

[7]Regulation 5

omit

[8]Regulation 6

substitute

6Disclosure of confidential commercial information

 For paragraph 39 (4) (b) of the Act, each authority mentioned in Schedule 2 is prescribed.

[9]Regulation 7, example, paragraph (a)

substitute

(a) it should declare in writing, under paragraph 24 (1) (a) of the Act, that the application is an urgent application; or

[10]Subregulation 8 (2)

omit

without delay

[11]Regulation 9, heading

substitute

9Refunds — withdrawal before initial assessment

[12]Regulation 10, heading

substitute

10Refunds — withdrawal after initial assessment

[13]Regulation 11, heading

substitute

11Refunds — no request for final assessment

[14]Regulation 12, heading

substitute

12Initial assessment — relevant matters

[15]Regulation 13, heading

substitute

13Outcome of initial assessment

[16]Subregulation 14 (1)

omit

Following receipt of a

insert

Within 28 days of receiving

[17]Subregulation 14 (1)

omit

apply to the Authority, in writing,

insert

make a written request to the Authority

[18]Subregulation 14 (2)

substitute

  • (2)

    Within 28 days of receiving a request, the Authority must reconsider the decision and:

    • (a)

      either:

      • (i)

        confirm the decision; or

      • (ii)

        set the decision aside and substitute another decision for it; and

    • (b)

      notify the applicant of the outcome of the reconsideration.

[19]Subregulation 14 (3)

after

decision

insert

made

[20]Regulation 15, heading

substitute

15Charges — draft assessment

[21]Regulation 16, heading

substitute

16Charges — final assessment relating to food regulatory measure

[22]Schedule 1

substitute

Schedule 1Appropriate government agencies

(regulation 3)

Part 1Departments of the Commonwealth

 

Item

Department

1

Agriculture, Fisheries and Forestry — Australia

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 2State and Territory authorities

 

Item

Authority

1

NSW Agriculture

2

Safe Food Production New South Wales

3

Department of Natural Resources and Environment of Victoria

4

Department of State and Regional Development of Victoria

5

Department of Primary Industry of Queensland

6

Safe Food Production Queensland

7

Department of Agriculture of Western Australia

8

Department of Primary Industry and Resources of South Australia

9

Department of Primary Industries, Water and Environment of Tasmania

10

Department of Business, Industry and Resource Development of the Northern Territory

Schedule 1AModifications or adaptations of Part 3 of the Act under subsection 36 (2) of the Act

(subregulation 4 (2))

Part 1Modifications and adaptations if the Authority decides not to invite submissions after it accepts an application

1Paragraph 13A (2) (c)

substitute

  • (c)

    that the Authority will not invite submissions on matters relevant to the application.

2Subsection 14 (1)

substitute

  • (1)

    After accepting the application, the Authority must give written notice of the matters mentioned in subsection (3) to each appropriate government agency.

3Paragraph 14 (3) (e)

substitute

  • (e)

    state that the Authority will not invite submissions on matters relevant to the application.

4Paragraph 15 (3) (a)

omit

5Subparagraph 16 (5) (b) (ii)

omit

6Paragraph 17 (2) (c)

omit

7Subsection 17A (2)

substitute

  • (2)

    The Authority must also give written notice of the decision to each appropriate government agency.

    Part 2Modifications and adaptations if the Authority decides not to give notice that it will make a draft assessment in relation to an application

8Paragraph 13A (2) (b)

after

will

insert

not

9Paragraph 14 (3) (c)

after

will

insert

not

10Paragraph 16 (1) (a)

omit

after making a draft assessment of an application,

11Paragraph 17 (1) (a)

omit

after making a draft assessment of an application,

Part 3Modifications and adaptations if the Authority decides not to invite submissions in relation to a proposal

12Subsection 14A (1)

substitute

  • (1)

    After preparing a proposal for the development or variation of a food regulatory measure, the Authority must give written notice of the matters mentioned in subsection (3) to each appropriate government agency.

13Paragraph 14A (3) (d)

substitute

  • (d)

    state that the Authority will not invite submissions on matters relevant to the proposal.

14Paragraph 15AA (2) (a)

omit

15Subsection 17AA (1)

substitute

  • (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 each appropriate government agency.

16Paragraph 17AB (1) (b)

substitute

  • (b)

    the public by 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.

    Part 4Modifications and adaptations if the Authority decides not to give notice that it will make a draft assessment in relation to a proposal

17Paragraph 14A (3) (b)

after

will

insert

not

18Subsection 17AA (1)

omit

If, after making a draft assessment of a proposal,

insert

If

[23]Schedule 2

substitute

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

(regulation 6)

Part 1Commonwealth authorities

 

Item

Authority

1

Agriculture, Fisheries and Forestry — Australia

2

Attorney-General’s Department

3

Department of Education, Science and Training

4

Department of Family and Community Services

5

Department of Foreign Affairs and Trade

6

Department of Health and Ageing

7

Department of Industry, Tourism and Resources

Part 2State and Territory authorities

 

Item

Authority

1

NSW Agriculture

2

NSW Health Department

3

Safe Food Production New South Wales

4

Department of Human Services of Victoria

5

Department of Natural Resources and Environment of Victoria

6

Department of State and Regional Development of Victoria

7

Department of Primary Industry of Queensland

8

Queensland Health

9

Safe Food Production Queensland

10

Department of Agriculture of Western Australia

11

Health Department of Western Australia

12

Department of Human Services of South Australia

13

Department of Primary Industry and Resources of South Australia

14

Department of Health and Human Services of Tasmania

15

Department of Primary Industries, Water and Environment of Tasmania

16

Department of Health, Housing and Community Care of the Australian Capital Territory

17

Department of Business, Industry and Resource Development of the Northern Territory

18

Territory Health Services of the Northern Territory

Part 3New Zealand authorities

 

Item

Authority

1

Environmental Risk Management Authority

2

Ministry of Health

3

Ministry of Agriculture and Forestry

[24]Schedule 3, Part 2, heading

substitute

Part 2Charges for draft assessments, final assessments and draft food regulatory measures

[25]Further amendments

Provision

omit

insert

Subregulation 8 (1), note 1

a preliminary

an initial

Regulation 9

preliminary

initial

Subregulation 10 (1)

preliminary

initial

Subregulation 10 (2)

full

draft

Subregulation 10 (3)

after full

after draft

Subregulation 10 (3)

for full

for draft

Paragraph 10 (3) (b)

inquiry

final assessment

Paragraph 10 (3) (b)

held —

made —

Subregulation 10 (4)

full

draft

Subregulation 10 (4)

an inquiry

a final assessment

Subregulation 10 (4)

holding of the inquiry.

making of the final assessment.

Regulation 11

hold an inquiry

make a final assessment

Paragraph 12 (a)

full

draft

Paragraph 13 (1) (d)

full

draft

Regulation 15

full

draft

Notes

1. These Regulations amend Statutory Rules 1994 No. 286, as amended by 2000 No. 122; 2001 No. 341; 2002 No. 38.

2. Notified in the Commonwealth of Australia Gazette

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