Explanatory Statement
1. Authority
Section 13 of the Food Standards Australia New Zealand Act 1991 (the FSANZ Act) provides that the functions of Food Standards Australia New Zealand (the Authority) include the development of standards and variations of standards for inclusion in the Australia New Zealand Food Standards Code (the Code).
Division 2 of Part 3 of the FSANZ Act specifies that the Authority may prepare a proposal for the development or variation of food regulatory measures, including standards. This Division also stipulates the procedure for considering a proposal for the development or variation of food regulatory measures.
The Authority prepared Proposal P1045 to make a range of minor amendments to the Code including the correction of typographical errors, formatting issues, and updating of references. The Authority considered the Proposal in accordance with Division 2 of Part 3 and has approved a draft Standard.
Following consideration by the Australia and New Zealand Ministerial Forum on Food Regulation, section 92 of the FSANZ Act stipulates that the Authority must publish a notice about the standard or draft variation of a standard.
Section 94 of the FSANZ Act specifies that a standard, or a variation of a standard, in relation to which a notice is published under section 92 is a legislative instrument, but is not subject to parliamentary disallowance or sunsetting under the Legislation Act 2003.
2. Purpose
The Authority has approved the variation because minor typographical and grammatical errors and cross-reference issues are identified in the Code from time-to-time. References in the Code also become superseded as the documents they refer to are updated. This Proposal was prepared to resolve such issues.
3. Documents incorporated by reference
The variations do not incorporate any new documents by reference, although the following existing references are updated (see para 6.2 below):
- Guidelines for Drinking Water Quality, World Health Organisation
- Combined Compendium of Food Additive Specifications, FAO JECFA Monographs.
4. Consultation
In accordance with the procedure in Division 2 of Part 3 of the FSANZ Act, the Authority’s consideration of Proposal P1045 included one round of public consultation following an assessment and the preparation of a draft Standard and associated report. Submissions were called for on 26 April 2017 for a four-week consultation period.
A Regulation Impact Statement was not required because the variation is likely to have a minor impact on business and individuals.
5. Statement of compatibility with human rights
This instrument is exempt from the requirements for a statement of compatibility with human rights as it is a non-disallowable instrument under section 94 of the FSANZ Act.
6. Variation
6.1 Correcting minor errors and omissions
Items [1] to [12] and [16] to [19] include amendments to correct minor errors and omissions to text and punctuation, including correction of cross-referencing.
6.2 Updating material from international sources
Items [13] to [15] reflect changes to documents incorporated by reference.
6.3 Omitting material that is no longer required
Item [20] omits an erroneous reference to ‘phytylmenoquinone’.