EXPLANATORY STATEMENT
Subject - Food Standards Australia New Zealand Amendment Act 2007
Proclamation
Subsection 2(1) of the Food Standards Australia New Zealand Amendment Act 2007 (the Act) provides that Parts 1 and 2 of Schedule 1 commence on Proclamation. However, if any of the provisions(s) do not commence within the period of 6 months beginning on the day on which this Act receives Royal Assent, they commence on the first day after the end of that period.
The remainder of Schedule 1 will commence immediately after the commencement of Parts 1 and 2. The commencement of Schedule 1 of the Bill is staggered to facilitate the logical restructuring of the different Parts of the Act.
The purpose of the Proclamation is to fix 1 July 2007 as the day on which Parts 1 and 2 of Schedule 1 to the Act will commence.
In summary, Schedule 1 of the Act reforms the food standards assessment and consultation process to match the process with the nature and scope of the application or proposal under consideration and create more meaningful opportunities for consultation with stakeholders. It harmonises as far as possible the processes for the assessment of applications and proposals and aligns the processes for setting of Maximum Residue Limits of the Australian Pesticides and Veterinary Medicines Authority (the Authority) and of the Food Standards Australia and New Zealand. It also enables the development of urgent standards due to unforeseen negative impacts on trade.
The commencement date allows the Authority to make appropriate arrangements so that the reformed process can commence for all applications received on and after 1 October 2007. The announcement of the commencement date is enthusiastically awaited by industry. The 1 July 2007 commencement date triggers a number of operational requirements within the Authority and was chosen after extensive planning and consultation with the Authority.
Schedule 2 to the Act, which describes a new process for the assessment of high level health claims, commence on Proclamation. However, if any of the provision(s) do not commence within the period of 18 months beginning on the day on which this Act receives Royal Assent, they commence on the first day after the end of that period. Schedule 3 to the Act will commence on the day the Agreement between the Government of Australia and the Government of New Zealand Establishing a System for the Development of Joint Food Standards (the Treaty) is amended.
The Act specifies no conditions that need to be met before the power to make the Proclamation may be exercised.
The Proclamation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.