Food Standards Australia New Zealand Amendment (Forum on Food Regulation and Other Measures) Regulation 2016

Overview

The Food Standards Australia New Zealand Amendment (Forum on Food Regulation and Other Measures) Regulation 2016 (the Amending Regulation) was enacted to address the need for amendments to the Food Standards Australia New Zealand Regulations 1994 (the Principal Regulations) in light of changes introduced by the Food Standards Australia New Zealand Amendment (Forum on Food Regulation and Other Measures) Act 2015 (the FSANZ Amendment Act). The Food Standards Australia New Zealand Act 1991 (the FSANZ Act) established Food Standards Australia New Zealand (FSANZ) as a body corporate responsible for developing, varying, and reviewing food regulatory measures. The Amending Regulation was made under section 153 of the FSANZ Act, which allows the Governor-General to make regulations necessary or convenient to carry out or give effect to the FSANZ Act. The purpose of the Amending Regulation is to update the Principal Regulations to reflect changes in the name of the Australia New Zealand Food Regulation Ministerial Council to the Australia New Zealand Ministerial Forum on Food Regulation, as well as to repeal a regulation prescribing certain government entities for the definition of “appropriate government agency,” which is no longer necessary following amendments to the FSANZ Act. The New Zealand Ministry of Primary Industries and FSANZ were consulted regarding the proposed amendments. The Amending Regulation does not raise any human rights issues, as it only makes technical amendments to the Principal Regulations.

Scope and Application

The Food Standards Australia New Zealand Amendment (Forum on Food Regulation and Other Measures) Regulation 2016 applies to the amendments of the Food Standards Australia New Zealand Regulations 1994, which are necessitated by the changes introduced through the Food Standards Australia New Zealand Amendment (Forum on Food Regulation and Other Measures) Act 2015. This regulatory instrument pertains to Food Standards Australia New Zealand (FSANZ), an entity tasked with developing, varying, and reviewing food regulatory measures. The Amending Regulation is designed to update the Principal Regulations in line with the legislative changes, ensuring that the regulatory framework remains current and aligned with the evolving structure of food regulation in Australia and New Zealand. The regulation specifically targets the definition of the "application consideration process" and the prescription of appropriate government agencies, reflecting the name change of the Australia New Zealand Food Regulation Ministerial Council to the Australia New Zealand Ministerial Forum on Food Regulation. The regulation applies nationally across Australia, as it is a Commonwealth instrument. It does not introduce new substantive requirements but rather makes necessary technical adjustments to ensure compliance with the updated FSANZ Act.

Key Provisions

The Food Standards Australia New Zealand Amendment (Forum on Food Regulation and Other Measures) Regulation 2016 (the Amending Regulation) serves to update the Food Standards Australia New Zealand Regulations 1994 (Principal Regulations) to reflect changes introduced by the Food Standards Australia New Zealand Amendment (Forum on Food Regulation and Other Measures) Act 2015 (FSANZ Amendment Act). Regulation 1 sets the title of the Amending Regulation, while Regulation 2 stipulates its commencement, which occurs on the day following its registration. Regulation 3 identifies the Food Standards Australia New Zealand Act 1991 as the legislative basis for the Amending Regulation. Regulation 4 clarifies that the instruments specified in the Schedules are amended or repealed as outlined, with other items taking effect according to their terms. The Amending Regulation imposes specific obligations on parties and entities governed by the FSANZ Act. Primarily, it requires the Food Standards Australia New Zealand (FSANZ) to adjust its regulatory framework to align with the updated terminology and structural changes introduced by the FSANZ Amendment Act. This includes replacing references to the “Council” with the “Forum on Food Regulation” in the definition of “application consideration process” in regulation 2 of the Principal Regulations. Moreover, it mandates the repeal of Regulation 3 of the Principal Regulations, which was previously used to prescribe certain Commonwealth, State, and Territory government entities for the purposes of the definition of “appropriate government agency” in the FSANZ Act. With the FSANZ Amendment Act having removed the need for such prescriptions, Regulation 3 of the Principal Regulations is deemed unnecessary. Under the Amending Regulation, there are no specific offences or penalties outlined for non-compliance. However, failure to comply with the updated regulatory requirements could lead to broader implications under the FSANZ Act and related legislation. For instance, any party failing to adhere to the newly defined processes or requirements might face enforcement actions under the FSANZ Act, potentially resulting in administrative penalties or other corrective measures. It is important to note that the Amending Regulation itself does not introduce new penalties but ensures that the regulatory framework remains consistent with legislative changes. The Amending Regulation ensures compatibility with human rights by making purely technical amendments to the Principal Regulations, which do not alter the legal effect of the existing provisions. According to the Statement of Compatibility with Human Rights, the Amending Regulation does not engage any of the applicable human rights and freedoms as recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. Therefore, no human rights issues are raised by these amendments. This compatibility underscores the regulatory body's commitment to maintaining a balanced approach in updating its framework while respecting human rights obligations.