Food Amendment (Industry Consultative Committees) Regulation 2013 (NSW)
2013 No 49
New South Wales
Food Amendment (Industry
Consultative Committees) Regulation
2013
under the
Food Act 2003
Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Food Act 2003.
KATRINA HODGKINSON, MP
Minister for Primary Industries
Explanatory note
The object of this Regulation is to change the membership arrangements for industry consultative committees established for the food safety schemes relating to meat, seafood, vulnerable persons and eggs.
The Regulation also makes a minor amendment relating to the waiver of fees. the establishment of consultative committees) and 139 (the general regulation-making power).
| Published LW 15 February 2013 | Page 1 |
| 2013 No 49 | |
| Clause 1 | Food Amendment (Industry Consultative Committees) Regulation 2013 |
Food Amendment (Industry Consultative Committees)
Regulation 2013
under the
Food Act 2003
1 Name of Regulation
This Regulation is the Food Amendment (Industry Consultative
Committees) Regulation 2013.
2 Commencement
This Regulation commences on the day on which it is published on the
NSW legislation website.
2013 No 49
Food Amendment (Industry Consultative Committees) Regulation 2013
| Amendment of Food Regulation 2010 | Schedule 1 |
| Schedule 1 | Amendment of Food Regulation 2010 |
[1] Clause 21 Application for licence
Insert “(unless the Food Authority waives the application fee)” after “$50” in clause 21 (2) (b).
[2] Clause 21 (4)
Insert after clause 21 (3):
(4) The Food Authority may waive payment of the application fee
for a licence in a particular case or class of cases.
[3] Clause 59 Meat food safety scheme
Omit “Schedules 5–8”. Insert instead “Schedules 5–7”.
[4] Clause 99
Omit the clause. Insert instead:
99 Establishment of Meat Industry Consultative Council
(1)
The Food Authority is to establish a committee to be called the Meat Industry Consultative Council which has the following functions:
(a)
undertaking consultation with the Food Authority for the purposes of section 105 of the Act in relation to the food safety scheme prescribed under this Part (the meat food safety scheme),
(b)
the ongoing review of the operation of the meat food safety scheme.
(2) The Council is a continuation of the Council established under
this clause before its substitution by the amending Regulation.(3) The Council is to consist principally of persons from the meat
industry appointed by the Food Authority.(4) The Food Authority may also appoint as members of the Council:
(a)
such officers of the Food Authority as the Food Authority determines, and
(b)
such officers of the Department of Trade and Investment, Regional Infrastructure and Services as the Food Authority determines, and
(c)
such representatives of other bodies or organisations as the Food Authority determines.
2013 No 49
Food Amendment (Industry Consultative Committees) Regulation 2013
| Schedule 1 | Amendment of Food Regulation 2010 |
(5) The Food Authority is to appoint a Chairperson of the Council
from the members of the Council.(6) The procedure for the calling and holding of meetings of the
Council is to be determined by the Food Authority.(7) A person who held office as a member of the Meat Industry Consultative Council immediately before the substitution of this clause by the amending Regulation is taken to continue to hold that office under this clause after that substitution for the remainder of the person’s term. (8) Despite subclause (5), the person who held office as the Chairperson or Deputy Chairperson of the Meat Industry Consultative Council immediately before the substitution of this clause by the amending Regulation is taken to continue to hold that office under this clause after that substitution for the remainder of the person’s term. (9) In this clause, amending Regulation means the Food Amendment (Industry Consultative Committees) Regulation 2013.
[5] Clause 100 Industry consultation
Omit the clause.
[6] Clause 127
Omit the clause. Insert instead:
127 Establishment of NSW Shellfish Committee
(1) The Food Authority is to establish a committee to be called the
NSW Shellfish Committee which has the following functions:
(a) undertaking consultation with the Food Authority for the purposes of section 105 of the Act in relation to the food safety scheme prescribed under this Part (the seafood safety scheme) in its application to shellfish, (b) the ongoing review of the operation of the seafood safety scheme in its application to shellfish. (2) The NSW Shellfish Committee is a continuation of the Committee established under this clause before its substitution by the amending Regulation.
(3) The Committee is to consist principally of persons from the
shellfish industry appointed by the Food Authority.
2013 No 49
Food Amendment (Industry Consultative Committees) Regulation 2013
| Amendment of Food Regulation 2010 | Schedule 1 |
(4) The Food Authority may also appoint as members of the
Committee:
(a) such officers of the Food Authority as the Food Authority determines, and (b) such officers of the Department of Trade and Investment, Regional Infrastructure and Services as the Food Authority determines, and (c) such representatives of other bodies or organisations as the Food Authority determines. (5) In appointing persons from the shellfish industry to be members of the Committee, the Food Authority is to consider the following matters, but may also have regard to other relevant matters:
(a) whether or not the person holds a licence to harvest, collect or depurate the shellfish, (b) whether or not the person is commercially reliant on the harvesting, collection or depuration of shellfish, (c) whether or not the person has demonstrated previous compliance with the Program, (d) whether or not the person has experience as a member at a local committee level in the Program. (6) The Food Authority is to appoint a Chairperson of the Committee
from the members of the Committee.(7) The procedure for the calling and holding of meetings of the
Committee is to be as determined by the Food Authority.(8) A person who held office as a member of the NSW Shellfish Committee immediately before the substitution of this clause by the amending Regulation is taken to continue to hold that office under this clause after that substitution for the remainder of the person’s term as a member of the Committee. (9) Despite subclause (6), the person who held office as the Chairperson of the NSW Shellfish Committee immediately before the substitution of this clause by the amending Regulation is taken to continue to hold that office under this clause after that substitution for the remainder of the person’s term as a member.
(10) In this clause, amending Regulation means the Food Amendment (Industry Consultative Committees) Regulation 2013.
[7] Clause 128 Responsibilities of NSW Shellfish Committee
Omit clause 128 (d).
2013 No 49
Food Amendment (Industry Consultative Committees) Regulation 2013
| Schedule 1 | Amendment of Food Regulation 2010 |
[8] Clause 128
Insert at the end of the clause:
Note. The NSW Shellfish Committee also has functions under clause 127.
[9] Clause 131 Provisions relating to members and procedure of committee
Omit “the NSW Shellfish Committee and to”.
[10] Clause 139
Omit the clause. Insert instead:
139 Establishment of New South Wales Seafood Industry Forum
(1)
The Food Authority is to establish a committee to be called the New South Wales Seafood Industry Forum which has the following functions:
(a)
undertaking consultation with the Food Authority for the purposes of section 105 of the Act in relation to the food safety scheme prescribed under this Part (the seafood safety scheme), other than in its application to shellfish,
(b)
the ongoing review of the operation of the seafood safety scheme, other than in its application to shellfish.
(2)
The Forum is a continuation of the New South Wales Seafood Industry Conference established under this clause before its substitution by the amending Regulation.
(3) The Forum is to consist principally of persons from the seafood
industry appointed by the Food Authority.(4) The Food Authority may also appoint as members of the Forum:
(a)
such officers of the Food Authority as the Food Authority determines, and
(b)
such officers of the Department of Trade and Investment, Regional Infrastructure and Services as the Food Authority determines, and
(c)
such persons who are representatives of other bodies or organisations as the Food Authority determines.
(5) The Food Authority is to appoint a Chairperson of the Forum
from the members of the Forum.(6) The procedure for the calling and holding of meetings of the
Forum is to be as determined by the Food Authority.
2013 No 49
Food Amendment (Industry Consultative Committees) Regulation 2013
| Amendment of Food Regulation 2010 | Schedule 1 |
(7) A person who held office as a member of the New South Wales Seafood Industry Conference immediately before the substitution of this clause by the amending Regulation is taken to hold office as a member of the New South Wales Seafood Industry Forum under this clause after that substitution for the remainder of the person’s term of office as a member of that Conference. (8) Despite subclause (5), the person who held office as the Chairperson of the New South Wales Seafood Industry Conference immediately before the substitution of this clause by the amending Regulation is taken to hold the office of Chairperson of the New South Wales Seafood Industry Forum under this clause after that substitution for the remainder of the person’s term of office as a member of that Conference. (9) In this clause, amending Regulation means the Food Amendment (Industry Consultative Committees) Regulation 2013.
[11] Clause 140 Industry consultation on shellfish
Omit the clause.
[12] Clause 141 Definitions
Omit the definition of Consultative Committee.
[13] Clause 147
Omit the clause. Insert instead:
147
Establishment of New South Wales Vulnerable Persons Food Safety Scheme Consultative Committee
(1)
The Food Authority is to establish a committee to be called the New South Wales Vulnerable Persons Food Safety Scheme Consultative Committee which has the following functions:
(a)
undertaking consultation with the Food Authority for the purposes of section 105 of the Act in relation to the food safety scheme prescribed under this Part (the vulnerable persons food safety scheme),
(b)
the ongoing review of the operation of the vulnerable persons food safety scheme.
(2)
The Committee is a continuation of the Committee established under this clause before its substitution by the amending Regulation.
2013 No 49
Food Amendment (Industry Consultative Committees) Regulation 2013
| Schedule 1 | Amendment of Food Regulation 2010 |
(3) The Committee is to consist principally of persons from the vulnerable persons food industry appointed by the Food Authority. (4) The Food Authority may also appoint as members of the
Committee:
(a) such officers of the Food Authority as the Food Authority determines, and (b) such officers of the Department of Trade and Investment, Regional Infrastructure and Services as the Food Authority determines, and (c) such officers of the Ministry of Health as the Food Authority determines, and (d) such representatives of other bodies or organisations as the Food Authority determines. (5) The Food Authority is to appoint a Chairperson of the Committee
from the members of the Committee.(6) The procedure for the calling and holding of meetings of the
Committee is to be as determined by the Food Authority.(7) A person who held office as a member of the New South Wales Vulnerable Persons Food Safety Scheme Consultative Committee immediately before the substitution of this clause by the amending Regulation is taken to continue to hold that office under this clause after that substitution for the remainder of the person’s term. (8) Despite subclause (5), the person who held office as the Chairperson of the New South Wales Vulnerable Persons Food Safety Scheme Consultative Committee immediately before the substitution of this clause by the amending Regulation is taken to continue to hold that office under this clause after that substitution for the remainder of the person’s term as a member of the Committee. (9) In this clause, amending Regulation means the Food Amendment (Industry Consultative Committees) Regulation 2013.
2013 No 49
Food Amendment (Industry Consultative Committees) Regulation 2013
| Amendment of Food Regulation 2010 | Schedule 1 |
[14] Clause 168
Omit the clause. Insert instead:
168
Establishment of New South Wales Egg Industry Consultative Committee
(1)
The Food Authority is to establish a committee to be called the New South Wales Egg Industry Consultative Committee which has the following functions:
(a)
undertaking consultation with the Food Authority for the purposes of section 105 of the Act in relation to the food safety scheme prescribed under this Part (the egg food safety scheme),
(b)
the ongoing review of the operation of the egg food safety scheme.
(2) The Committee is a continuation of the former Committee. (3) The Committee is to consist principally of persons from the egg
industry appointed by the Food Authority.(4) The Food Authority may also appoint as members of the
Committee:
(a)
such officers of the Food Authority as the Food Authority determines, and
(b)
such officers of the Department of Trade and Investment, Regional Infrastructure and Services as the Food Authority determines, and
(c)
such representatives of other bodies or organisations as the Food Authority determines.
(5) The Food Authority is to appoint a Chairperson of the Committee
from the members of the Committee.(6) The procedure for the calling and holding of meetings of the
Committee is to be as determined by the Food Authority.(7)
A person who held office as a member of the former Committee immediately before the substitution of this clause by the amending Regulation is taken to continue to hold that office under this clause after that substitution for the remainder of the person’s term.
2013 No 49
Food Amendment (Industry Consultative Committees) Regulation 2013
| Schedule 1 | Amendment of Food Regulation 2010 |
(8) In this clause:
amending Regulation means the Food Amendment (Industry
Consultative Committees) Regulation 2013.
former Committee means the committee referred to in this clause
before its substitution by the amending Regulation and with
which the Food Authority consulted before that substitution.
[15] Schedule 8 Constitution and procedure of Meat Industry Consultative Council
Omit the Schedule.
[16] Schedule 9, heading
Insert “local” before “shellfish”.
[17] Schedule 9, clause 1
Omit the definition of committee. Insert instead:
committee means a local shellfish committee appointed under
clause 129.
[18] Schedule 9, clause 3
Omit the clause.
[19] Schedule 9, clause 4 (3)
Omit the subclause.
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