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This is a Bill, not an Act. For current law, see the Acts databases.
1996-97
The Parliament of
the
Commonwealth of
Australia
THE
SENATE
Presented and read a first
time
Australia New
Zealand Food Authority Amendment Bill (No. 2)
1997
No. ,
1997
(Health and Family
Services)
A Bill for an Act to amend the
Australia New Zealand Food Authority Act
1991
9704720—1.050/24.3.1997—(47/97)
Cat. No. 96 7464 0 ISBN 0644 500557
Contents
Australia New Zealand Food Authority Act
1991 7anzf2s1.html
A Bill for an Act to amend the Australia New Zealand
Food Authority Act 1991
The Parliament of Australia enacts:
This Act may be cited as the Australia New Zealand Food Authority
Amendment Act (No. 2) 1997.
This Act commences on the day on which it receives the Royal
Assent.
Each Act that is specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule concerned, and any
other item in a Schedule to this Act has effect according to its
terms.
Australia
New Zealand Food Authority Act 1991
1 Paragraph 7(g)
Omit “food safety education initiatives”, substitute
“food education initiatives”.
2 After paragraph 7(l)
Insert:
(la) to make the Authority’s knowledge, expertise, equipment,
facilities and intellectual property available to other persons on a commercial
basis; and
3 At the end of section 7
Add:
(2) The function conferred by paragraph (1)(la):
(a) can only be exercised:
(i) for a purpose for which the Parliament has power to make laws;
or
(ii) to utilise the Authority’s spare capacity; and
(b) does not authorise the Authority to do something that would impede the
Authority’s capacity to perform its other functions.
4 After paragraph 8(1)(f)
Insert:
(fa) form, or participate in the formation of, companies; and
(fb) subscribe for or purchase shares in, or debentures and other
securities of, companies; and
(fc) participate in partnerships, trusts and unincorporated joint
ventures; and
5 Paragraphs 12(2)(b) and
(c)
Repeal the paragraphs, substitute:
(b) contain, or be accompanied by, information in support of the
application; and
6 At the end of subsection
12(2)
Add:
Note: The Authority’s objectives in developing
standards and variations of standards are set out in section 10. These
objectives should be considered in deciding what information to provide in
support of an application.
7 After section 12
Insert:
(1) The applicant may, by notice in writing to the Authority, withdraw the
application at any time before the Authority makes a recommendation to the
Council under section 18 in relation to a draft standard or draft variation of a
standard prepared as a result of the application.
(2) If the Authority receives notice of the withdrawal of the application
after the application has been accepted (see section 13), the Authority must
give notice of the withdrawal:
(a) by writing sent to each appropriate government agency, and to each
other body or person who made a submission in response to a notice sent or
published under section 14 or 16; and
(b) by advertisement published in the Gazette and in a newspaper
circulating in each State or Territory; and
(c) by advertisement published in the New Zealand Gazette and in a
newspaper circulating in New Zealand.
8 Paragraph 13(2)(c)
Repeal the paragraph.
9 Section 17
Omit “and give reasons for its decision”.
10 At the end of section 17
Add:
(2) The Authority must state in a notice given under subsection (1) how
further information about the rejection of the application, and the reasons for
the rejection of the application, may be obtained.
11 At the end of subsection
20(1)
Add:
The Council’s decision on which of these actions it will take must be
made, and that action must be taken, within 6 months of the making of the
recommendation, unless it is not practicable to do so within that time
limit.
12 At the end of section 20
Add:
(4) If the Council requests the Authority to provide the Council with
further information to enable it to consider a recommendation, the time taken by
the Authority to provide the information needed to consider the recommendation
is not to be included in the period set out in subsection (1).
13 Section 25
Omit “and give reasons for its decision”.
14 At the end of section 25
Add:
(2) The Authority must state in a notice given under subsection (1) how
further information about the abandonment of the proposal, and reasons for the
abandonment of the proposal, may be obtained.
15 At the end of subsection
28(1)
Add:
The Council’s decision on which of these actions it will take must be
made, and that action must be taken, within 6 months of the making of the
recommendation, unless it is not practicable to do so within that time
limit.
16 At the end of section 28
Add:
(4) If the Council requests the Authority to provide the Council with
further information to enable it to consider a recommendation, the time taken by
the Authority to provide the information needed to consider the recommendation
is not to be included in the period set out in subsection (1).
17 Paragraph 32(1)(d)
Omit “no later than which”, substitute “on
which”.
18 Subsection 34(1)
Repeal the subsection, substitute:
(1) If the Authority is of the opinion that it needs more
information:
(a) to enable a preliminary or full assessment of an application for the
development or variation of a standard to be properly made; or
(b) to enable the Authority to complete an inquiry to consider a draft
standard or a draft variation of a standard that has been prepared as a result
of such an application;
the Authority may request the applicant to provide it with such further
information as is specified in the request within such reasonable time as is
specified in the request.
19 At the end of section 34
Add:
(3) If the application is taken to have been withdrawn, the Authority must
give notice of that fact:
(a) by writing sent to the applicant; and
(b) if the application has been accepted (see section 13):
(i) by writing sent to each appropriate government agency, and to each
other body or person who made a submission in response to a notice sent or
published under section 14 or 16; and
(ii) by advertisement published in the Gazette and in a newspaper
circulating in each State or Territory; and
(iii) by advertisement published in the New Zealand Gazette and a
newspaper circulating in New Zealand.
20 Subsection 35(4)
Repeal the subsection, substitute:
(4) If the Authority requests an applicant under subsection 34(1) to
provide it with further information, the time taken by the applicant to provide
the information needed by the Authority to enable it to carry out the function
specified in that subsection is not to be included in the period set or
prescribed for the purpose of subsection (1) or set for the purpose of
subsection (3).
21 At the end of section 35
Add:
(6) If an application is made to the Administrative Appeals Tribunal for
the review of a decision of the Authority made in connection with the
preparation of a draft standard or a draft variation of a standard, the review
period is not to be included in the period set or prescribed for the purpose of
subsection (1) or set for the purpose of subsection (3).
(7) In subsection (6):
decision has the same meaning as in the Administrative
Appeals Tribunal Act 1975.
review period, in relation to an application to the
Administrative Appeals Tribunal for the review of a decision of the Authority,
means the period:
(a) beginning on the day on which the application for review is made;
and
(b) ending at the end of the day on which the application for review is
finalised.
22 Paragraph 36(1)(b)
Omit “adversely affect”, substitute “have a significant
adverse affect on”.
23 After section 36
Insert:
(1) The Authority may decide, in writing, not to do something that it is
required to do under this Part in relation to an application made under section
12, or a proposal prepared under section 21, if the Authority considers that
doing the thing would be a duplication of work already done, or a process
already gone through, by another government agency.
(2) The Authority must cause notice of its decision to be
published:
(a) in the Gazette and in a newspaper circulating in each State or
Territory; and
(b) in the New Zealand Gazette and in a newspaper circulating in New
Zealand.
The notice must identify the government agency and must contain a brief
statement of the work it has done, or the process it has gone through.
(3) The regulations may modify the provisions of this Part, or specified
provisions of this Part, as they apply to the application or proposal, to take
account of the Authority’s decision.
(4) In this section:
government agency means:
(a) a Department of State of:
(i) the Commonwealth; or
(ii) a State or Territory; or
(iii) New Zealand; or
(b) a body (whether incorporated or not) established by, or by a law
of:
(i) the Commonwealth; or
(ii) a State or Territory; or
(iii) New Zealand.
24 Subsection 39(5)
Repeal the subsection, substitute:
(5) The Chairperson must not disclose, under paragraph (4)(a), any
confidential commercial information given by a person in respect of food unless
the Chairperson:
(a) has advised the person, in writing, of the Chairperson’s
intention to disclose the information and of the reasons for disclosing that
information; and
(b) has given the person a reasonable opportunity to communicate the
person’s views about the proposed disclosure of that information;
and
(c) has taken into account any views so communicated.
25 Subsection 53(1)
Omit “The”, substitute “Subject to section 53A,
the”.
Note: The heading to section 53 is altered by omitting
“Staff” and substituting “Public Service
staff”.
26 After section 53
Insert:
(1) In addition to the staff referred to in section 53, the Authority may
employ persons, under written agreements, for the performance of any of the
functions, or the exercise of any of the powers, of the Authority.
(2) The terms and conditions of employment of persons employed under
subsection (1) are such as the Authority determines from time to time.
27 Paragraph 57(1)(ac)
After “section 66”, insert “or 66A”.
28 At the end of section 62
Add:
(2) If the Authority publishes, or permits the public inspection of, any
document that has become the property of the Commonwealth under subsection (1),
no action or proceeding for defamation lies against the Commonwealth, a member
of the Authority, or a person assisting the Authority, in relation to the
publication or public inspection of the document.
29 Paragraph 63(1)(b)
Omit “or matters”, substitute “or under section 36A not
to do something”.
30 Subsections 66(5) and
(6)
Repeal the subsections.
31 After section 66
Insert:
(1) The regulations may provide that, if any charge under section 66
remains unpaid by the person liable after the time when it became due for
payment, the person is liable to pay to the Authority, by way of penalty, an
amount calculated at the rate of:
(a) 20% per year; or
(b) if the regulations specify a lower percentage—that lower
percentage per year;
on the amount unpaid computed from that time.
(2) A penalty under this section may be recovered by the Authority as a
debt due to the Authority.
The regulations may make provision for and in relation to discounts for
early payment of charge under section 66.
(1) The regulations may make provision for and in relation to:
(a) the remission or refund, in whole or in part, of charge under section
66 in circumstances specified in the regulations; and
(b) the remission, in whole or in part, of late payment penalty under
section 66A in circumstances specified in the regulations.
(2) Regulations made for the purposes of subsection (1) may confer powers
on the Authority.
Omit “in respect of which a standard has been adopted by the Council
and published in the Gazette”.