Australia New Zealand Food Authority Amendment Regulations 2002 (No. 1) 2002 No. 38
EXPLANATORY STATEMENT
STATUTORY RULES 2002 No. 38
Issued by authority of the Minister for Health and Ageing
Australia New Zealand Food Authority Act 1991
Australia New Zealand Food Authority Amendment Regulations 2002 (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 ANZFA 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 (currently 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.
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 prescribing the organisations and public bodies from which nominations or Board Members are to be sought 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 Australia New Zealand Food Authority Amendment Regulations 2001 (No. 1) amended the Australia New Zealand Food Authority Regulations 1994 (the Principal Regulations) by inserting a new Schedule 2A prescribing the organisations and public bodies from which nominations of Board Members are to be sought. These amendments came into effect on gazettal on 21 December 2001.
The purpose of the Regulations is to amend Schedule 2A Part 1 Items 111 and 114 of the Australia New Zealand Food Authority Regulations 1994 by correcting errors in the names of the two organisations these Items prescribe. This will prevent potential doubts over which organisations these Items are intended to refer to.
The Regulations amend Schedule 2A Part 1 of the Principal Regulations by:
• adding "Australian Society for Biochemistry and Molecular Biology Incorporated" as Item 104A and deleting the incorrect "Society for Biotechnology and Molecular Biology" at Item 114; and
• substituting "Nutrition Society of Australia Incorporated" for the incorrect "Nutrition Society" at Item 111.
The Regulations commenced on the date of gazettal.
Overview
The Australia New Zealand Food Authority Amendment Regulations 2002 (No. 1) were enacted to correct errors in the names of organisations listed in the Australia New Zealand Food Authority Regulations 1994. This was done to avoid any potential confusion regarding the identities of the organisations specified in the original regulations. The Regulations were issued under the authority of the Minister for Health and Ageing, pursuant to section 70 of the Australia New Zealand Food Authority Act 1991, which allows the Governor-General to make regulations necessary for carrying out or giving effect to the Act. These amendments were made to ensure clarity and precision in the implementation of the Australia New Zealand Food Authority Act 1991, as it transitioned to become the Food Standards Australia New Zealand Act 1991 under the Australia New Zealand Food Authority Amendment Act 2001.
Scope and Application
The Australia New Zealand Food Authority Amendment Regulations 2002 (No. 1) pertain to the amendment of the Australia New Zealand Food Authority Regulations 1994, specifically addressing the correction of errors in the names of organisations prescribed in Schedule 2A, Part 1 of the Principal Regulations. These Regulations apply to the entities prescribed for the purpose of nominating suitably qualified individuals for appointment to the Board of the newly established Food Standards Australia New Zealand (FSANZ). This statutory amendment arises from the Australia New Zealand Food Authority Amendment Act 2001, which transitions the authority from ANZFA to FSANZ and updates the nomenclature of the primary legislation to the Food Standards Australia New Zealand Act 1991. The Regulations ensure clarity by rectifying the names of two organisations listed for nomination purposes, thus facilitating the smooth operation of the FSANZ Board appointments. These amendments are jurisdictional, applying to the Commonwealth of Australia and potentially involving New Zealand under the joint food standards system, pending the Treaty amendments. The Regulations do not exclude any particular entities or activities, nor do they establish new thresholds; they merely correct existing entries to align with the accurate names of the organisations involved.
Key Provisions
The Australia New Zealand Food Authority Amendment Regulations 2002 (No. 1) focus on correcting specific details within the Australia New Zealand Food Authority Regulations 1994, as amended, to ensure clarity and accuracy. These amendments are essential in maintaining the integrity of the regulatory framework governing food standards in Australia and New Zealand. Specifically, the Regulations address the names of organisations from which nominations for Board Members are to be sought (Schedule 2A Part 1, Items 111 and 114). These amendments rectify the errors in the names of two organisations, ensuring that there is no confusion about which entities are prescribed by the Regulations.
Under the Australia New Zealand Food Authority Amendment Regulations 2002 (No. 1), the main obligations imposed on the relevant parties pertain to the accurate identification and nomination of suitably qualified persons for the Board of Food Standards Australia New Zealand. The Regulations ensure that the correct names of organisations are used, thereby facilitating proper and effective communication and processes in the nomination and appointment of Board Members. This accuracy is critical to the functioning of the joint food standards system, ensuring that all relevant stakeholders are correctly identified and engaged.
Breach of the provisions within these Regulations could lead to administrative errors or misunderstandings regarding the nomination process for Board Members. While the Regulations themselves do not explicitly outline specific penalties for non-compliance, the overarching framework of the Australia New Zealand Food Authority Act 1991 and any subsequent amendments could impose penalties for non-compliance with regulatory requirements. Any failure to adhere to the corrected details might result in procedural inefficiencies or potential legal challenges regarding the legitimacy of appointments, which could indirectly affect the governance and operations of Food Standards Australia New Zealand.
In summary, the Australia New Zealand Food Authority Amendment Regulations 2002 (No. 1) are pivotal in ensuring the precise identification of organisations involved in the nomination process for the Board of Food Standards Australia New Zealand. By correcting errors in the names of these organisations, the Regulations aim to uphold the integrity and effectiveness of the regulatory framework. The primary obligations focus on accurate nomination processes, while the consequences of non-compliance could involve administrative issues and potential legal repercussions, impacting the overall governance structure of the food standards system.