Australia New Zealand Food Authority Amendment Regulations 2001 (No. 1) 2001 No. 341
EXPLANATORY STATEMENT
STATUTORY RULES 2001 No. 341
Issued by authority of the Minister for Health and Ageing
Australia New Zealand Food Authority Amendment Act 2001
Australia New Zealand Food Authority Amendment Regulations 2001 (No. 1)
Section 70 of the Australia New Zealand Food Authority Act 1991 (the ANZFA, Act) provides that the Governor-General may make Regulations prescribing all matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.
The Australia New Zealand Food Authority Amendment Act 2001 (the Amendment Act) creates a new statutory authority, Food Standards Australia New Zealand (FSANZ), to replace the Australia New Zealand Food Authority (ANZFA). The Amendment Act will also change the name of the ANZEA Act to the Food Standards Australia New Zealand Act 1991 (FSANZ Act).
Full commencement of the Amendment Act will take place after amendments to the current Treaty with New Zealand for the operation of the joint food standards system (formally titled "Agreement between the Government of Australia and the Government of New Zealand Establishing a System for the Development of Joint Food Standards, done at Wellington on 5 December 1995) enter into force.
Items 114 - 128 of Schedule 1 to the Amendment Act amend the current Division 1 of Part 4 of the ANZFA. Act to provide for the establishment of a new Board of FSANZ and the appointment of members to that Board. In particular, section 40 of the FSANZ Act (as amended) contains various provisions that require the Minister to seek nominations, from particular types of organisations or bodies, of suitably qualified persons for appointment to the Board of FSANZ. The current Australia New Zealand Food Authority Regulations 1994 do not prescribe such organisations.
The purpose of the Regulations is to prescribe organisations and public bodies from which nominations of Board Members may be sought.
Item 120A of Schedule 1 to the Amendment Act, which commenced on Royal assent, is a transitional provision and provides that the powers to make Regulations pursuant to paragraphs 40(3)(b) or 40(4)(b) of the ANZFA Act, as amended by Schedule 1 of the Amendment Act, may be exercised before the commencement of those provisions as if those provisions had come into operation.
The Regulations will prescribe a number of organisations and public bodies established for purposes relating to science and public health and to the food industry.
As a result, the Minister will be required to seek nominations from the organisations and public bodies so prescribed in relation to the appointment of relevant members to the Board of FSANZ.
The Regulations commenced on the date of gazettal.
Overview
The Australia New Zealand Food Authority Amendment Regulations 2001 (No. 1) were enacted to facilitate the transition from the Australia New Zealand Food Authority (ANZFA) to the new statutory body, Food Standards Australia New Zealand (FSANZ). This legislative amendment was introduced to address the need for a more robust and integrated approach to food standards between Australia and New Zealand, as well as to reflect the new organisational structure necessitated by the Australia New Zealand Food Authority Amendment Act 2001. Issued under the authority of the Minister for Health and Ageing, these regulations were designed to ensure a smooth operational transition by prescribing organisations and public bodies from which nominations for FSANZ Board members can be sought, thus aligning with the policy objective of enhancing the food standards system through expert governance.
Scope and Application
The Australia New Zealand Food Authority Amendment Regulations 2001 (No. 1) apply to the establishment of Food Standards Australia New Zealand (FSANZ), a new statutory authority replacing the Australia New Zealand Food Authority (ANZFA). These regulations are made under the authority of the Australia New Zealand Food Authority Amendment Act 2001 and relate to the FSANZ Act, which in turn is derived from the Australia New Zealand Food Authority Act 1991. The regulations specify the organisations and public bodies from which nominations for Board members of FSANZ must be sought, addressing the provisions of the amended ANZFA Act. These organisations and bodies are primarily those related to science, public health, and the food industry. The regulations commenced on the date of gazettal and provide for the transitional exercise of regulatory powers before the full commencement of the Amendment Act. The regulations apply nationally, affecting both Australian and New Zealand interests, as they pertain to the joint operation of food standards across both countries.
Key Provisions
The main sections of the Australia New Zealand Food Authority Amendment Regulations 2001 (No. 1) establish the framework for the appointment of Board members to the newly formed statutory authority, Food Standards Australia New Zealand (FSANZ). Section 40 of the Food Standards Australia New Zealand Act 1991 (as amended) requires the Minister to seek nominations for Board members from specific types of organisations and bodies. These Regulations, pursuant to section 70 of the Australia New Zealand Food Authority Act 1991, prescribe which organisations and public bodies should be approached for these nominations. The Regulations identify a range of entities, including scientific, public health, and food industry-related bodies, from which nominations may be sought. This ensures that the Board of FSANZ is composed of suitably qualified individuals with relevant expertise in the fields of science, public health, and the food industry.
The Regulations impose specific obligations on the Minister for Health and Ageing. According to the provisions, the Minister must seek nominations for Board members from the prescribed organisations and public bodies. This requirement ensures a systematic and transparent process for selecting Board members who possess the necessary qualifications and expertise. The Minister is tasked with identifying and approaching these entities to nominate suitable candidates. This obligation is critical for maintaining the integrity and effectiveness of the FSANZ Board. It ensures that the Board comprises individuals with the requisite skills and knowledge to govern and oversee the development and enforcement of food standards.
Breach of the obligations outlined in these Regulations may result in legal consequences. While the specific penalties for non-compliance are not detailed within the text, non-compliance with statutory obligations typically incurs civil or criminal penalties depending on the severity and intent behind the breach. For instance, failure to adhere to the prescribed process for nominating Board members could be seen as a breach of the statutory duty to ensure that the FSANZ Board is appropriately constituted. Such breaches may lead to legal action, including fines or other penalties as prescribed by relevant laws. The exact penalties would depend on the jurisdiction and the specific nature of the breach.