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This is a Bill, not an Act. For current law, see the Acts databases.


FOOD STANDARDS AUSTRALIA NEW ZEALAND AMENDMENT BILL 2010

2008-2009-2010
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Food Standards Australia New Zealand
Amendment Bill 2010
No. , 2010
(Health and Ageing)
A Bill for an Act to amend the Food Standards
Australia New Zealand Act 1991, and for other
purposes
i Food Standards Australia New Zealand Amendment Bill 2010 No. , 2010
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
2
Schedule 1--Amendments
3
Part 1--Main amendments
3
Agricultural and Veterinary Chemicals (Administration) Act 1992
3
Agricultural and Veterinary Chemicals Code Act 1994
3
Food Standards Australia New Zealand Act 1991
4
Part 2--Other amendments
9
Food Standards Australia New Zealand Act 1991
9
Food Standards Australia New Zealand Amendment Bill 2010 No. , 2010 1
A Bill for an Act to amend the Food Standards
1
Australia New Zealand Act 1991, and for other
2
purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act may be cited as the Food Standards Australia New
6
Zealand Amendment Act 2010.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
13
2 Food Standards Australia New Zealand Amendment Bill 2010 No. , 2010
Commencement information
Column 1
Column 2
Column 3
Provision(s) Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1
A single day to be fixed by Proclamation.
However, if any of the provision(s) do not
commence within the period of 6 months
beginning on the day this Act receives the
Royal Assent, they commence on the day
after the end of that period.
Note:
This table relates only to the provisions of this Act as originally
1
passed by both Houses of the Parliament and assented to. It will not be
2
expanded to deal with provisions inserted in this Act after assent.
3
(2) Column 3 of the table contains additional information that is not
4
part of this Act. Information in this column may be added to or
5
edited in any published version of this Act.
6
3 Schedule(s)
7
Each Act that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
12
Amendments Schedule 1
Main amendments Part 1
Food Standards Australia New Zealand Amendment Bill 2010 No. , 2010 3
Schedule 1--Amendments
1
Part 1--Main amendments
2
Agricultural and Veterinary Chemicals (Administration) Act
3
1992
4
1 After subsection 7(1B)
5
Insert:
6
(1C) The APVMA has any functions and powers that are conferred on it
7
by Division 2A of Part 3 of the Food Standards Australia New
8
Zealand Act 1991.
9
Agricultural and Veterinary Chemicals Code Act 1994
10
2 Subsection 13A(1) of the Code set out in the Schedule
11
Repeal the subsection, substitute:
12
(1)
If:
13
(a) an application under section 10 or 27 is made in relation to a
14
chemical product; and
15
(b) the application is acknowledged; and
16
(c) it is likely that, if the application were granted, a variation
17
would be required to the Maximum Residue Limits Standard;
18
the APVMA must notify Food Standards Australia New Zealand of
19
the application.
20
(1A)
If:
21
(a)
either:
22
(i) a variation under subsection 34(5) relates to the
23
registration of a chemical product; or
24
(ii) a variation under subsection 34(5) or 34A(3) relates to
25
the approval of a label for containers for a chemical
26
product; and
27
(b) it is likely that, as a result of the variation, a variation will be
28
required to the Maximum Residue Limits Standard;
29
the APVMA must notify Food Standards Australia New Zealand of
30
the variation mentioned in paragraph (a).
31
Schedule 1 Amendments
Part 1 Main amendments
4 Food Standards Australia New Zealand Amendment Bill 2010 No. , 2010
(1B)
If:
1
(a) an application under section 110 is made for a permit in
2
respect of a chemical product and the application is in
3
accordance with subsection 110(2); and
4
(b) it is likely that, if the application were granted, a variation
5
would be required to the Maximum Residue Limits Standard;
6
the APVMA must notify Food Standards Australia New Zealand of
7
the application.
8
3 Subsection 13A(2) of the Code set out in the Schedule
9
Omit "The notice", substitute "A notice under this section".
10
4 Paragraph 13A(2)(c) of the Code set out in the Schedule
11
Repeal the paragraph, substitute:
12
(c) be given to Food Standards Australia New Zealand:
13
(i) if subsection (1) applies--as soon as practicable after
14
the application is acknowledged; or
15
(ii) if subsection (1A) applies--as soon as practicable after
16
the variation is made; or
17
(iii) if subsection (1B) applies--as soon as practicable after
18
the application is made.
19
5 After paragraph 14(5)(e) of the Code set out in the Schedule
20
Insert:
21
(ea) any dietary exposure assessment prepared under subsection
22
82(4) of the Food Standards Australia New Zealand Act 1991
23
as a result of any proposed variation notified under
24
subsection 82(3) of that Act in relation to the product, and
25
any comments on the assessment given to the APVMA under
26
subsection 82(4) of that Act;
27
6 Application
28
The amendments made by items 2 to 4 apply in relation to applications
29
or variations made on or after the commencement of those items.
30
Food Standards Australia New Zealand Act 1991
31
7 At the end of section 54
32
Add:
33
Amendments Schedule 1
Main amendments Part 1
Food Standards Australia New Zealand Amendment Bill 2010 No. , 2010 5
Note:
Division 2A deals with variations by the APVMA of the Maximum
1
Residue Limits Standard.
2
8 Paragraph 57(d)
3
Repeal the paragraph.
4
9 Subsection 66(1)
5
Omit "(1) Subject to subsection (2), this", substitute "This".
6
10 Subsection 66(2)
7
Repeal the subsection.
8
11 Subsection 70(1)
9
Omit "(1) Subject to subsection (2), this", substitute "This".
10
12 Subsection 70(2)
11
Repeal the subsection.
12
13 Subdivision H of Division 2 of Part 3
13
Repeal the Subdivision.
14
14 After Division 2 of Part 3
15
Insert:
16
Division 2A--Variations by APVMA of the Maximum
17
Residue Limits Standard
18
80 Application of Division
19
This Division applies if the APVMA notifies the Authority under
20
section 13A of the Agvet Code of an application or variation in
21
relation to a chemical product.
22
81 Authority to give notice of APVMA notification
23
(1) The Authority must give public notice of the following matters:
24
(a) that the Authority has been notified under section 13A of the
25
Agvet Code of an application or variation;
26
Schedule 1 Amendments
Part 1 Main amendments
6 Food Standards Australia New Zealand Amendment Bill 2010 No. , 2010
(b) the particulars referred to in subparagraph 13A(2)(b)(i) of the
1
Agvet Code that were set out in the notice under section 13A
2
of the Agvet Code;
3
(c) any other matters that the Authority thinks appropriate.
4
(2) The Authority must give the notice as soon as practicable after the
5
notification under section 13A of the Agvet Code.
6
82 APVMA may vary the Maximum Residue Limits Standard
7
(1) The APVMA may vary the Maximum Residue Limits Standard to
8
include or change a permitted maximum residue limit to cover the
9
chemical product.
10
Variation is a legislative instrument
11
(2) A variation made under subsection (1) is a legislative instrument,
12
but neither section 42 (disallowance) nor Part 6 (sunsetting) of the
13
Legislative Instruments Act 2003 applies to the variation.
14
Proposed variation
15
(3) Before making a variation under subsection (1), the APVMA must
16
notify the Authority of a proposed variation.
17
Dietary exposure assessment
18
(4) The Authority must:
19
(a) prepare a dietary exposure assessment of the proposed
20
variation and give a copy of the assessment to the APVMA
21
and the Council; or
22
(b) if, with the Authority's agreement, a dietary exposure
23
assessment of the proposed variation is prepared by another
24
person or body:
25
(i) review the assessment and prepare comments on the
26
assessment (including comments relating to the dietary
27
exposure risk of the proposed variation); and
28
(ii) give a copy of the assessment to the Council and, if the
29
assessment is not prepared by the APVMA, give a copy
30
of the assessment to the APVMA; and
31
(iii) give a copy of the comments on the assessment to the
32
APVMA and the Council.
33
Amendments Schedule 1
Main amendments Part 1
Food Standards Australia New Zealand Amendment Bill 2010 No. , 2010 7
(5) Before making a variation under subsection (1), the APVMA must:
1
(a) if paragraph (4)(a) applies--consider the assessment; or
2
(b) if paragraph (4)(b) applies--consider the assessment and the
3
comments on the assessment referred to in that paragraph.
4
APVMA to give the Authority a copy of the variation
5
(6) The APVMA must give a copy of a variation made under
6
subsection (1) to the Authority.
7
Gazettal
8
(7) In addition to the requirement under the Legislative Instruments
9
Act 2003 for a variation made under subsection (1) to be registered,
10
the APVMA must cause a copy of the variation to be published in
11
the Gazette.
12
When variation takes effect
13
(8) A variation made under subsection (1) takes effect on the day a
14
copy of the variation is published as mentioned in subsection (7),
15
despite subsections 12(1) and (2) of the Legislative Instruments Act
16
2003.
17
83 No limit on the Authority's power to vary the Maximum Residue
18
Limits Standard
19
This Division does not limit the Authority's power to vary the
20
Maximum Residue Limits Standard.
21
15 Paragraph 95(6)(b)
22
Omit "H", substitute "G".
23
16 Paragraph 152(m)
24
Repeal the paragraph.
25
17 Paragraph 152(o)
26
Omit ", G and H", substitute "and G".
27
18 Paragraph 152(p)
28
Repeal the paragraph, substitute:
29
Schedule 1 Amendments
Part 1 Main amendments
8 Food Standards Australia New Zealand Amendment Bill 2010 No. , 2010
(p) the average number of days that have elapsed between the
1
preparation of a proposal under section 55 to which
2
Subdivision G of Division 1 of Part 3 does not apply and the
3
commencement of the assessment of the proposal under
4
section 59; and
5
19 After paragraph 152(t)
6
Insert:
7
(ta) the number of variations given to the Authority under
8
subsection 82(6) during the current year; and
9
20 Application and transitional
10
(1)
Despite the amendments made by items 10 and 12, subsections 66(2)
11
and 70(2) of the Food Standards Australia New Zealand Act 1991, as in
12
force immediately before the commencement of those items, continue to
13
apply on and after that commencement in relation to proposals made in
14
compliance with Subdivision H of Division 2 of Part 3 of that Act
15
before, on or after the commencement of those items.
16
(2)
The amendments made by items 13 and 14 apply in relation to a
17
notification under section 13A of the Agvet Code occurring on or after
18
the commencement of those items (where the application or variation
19
that is the subject of the notification is also made on or after that
20
commencement).
21
(3)
Despite the amendments made by items 16 to 18, paragraphs 152(m),
22
(o) and (p) of the Food Standards Australia New Zealand Act 1991, as
23
in force immediately before the commencement of those items, continue
24
to apply on and after that commencement for the financial year in which
25
those items commence and the following financial year.
26
27
Amendments Schedule 1
Other amendments Part 2
Food Standards Australia New Zealand Amendment Bill 2010 No. , 2010 9
Part 2--Other amendments
1
Food Standards Australia New Zealand Act 1991
2
21 Paragraph 66(1)(a)
3
Omit "a", substitute "any".
4
22 Subsection 146(6)
5
Repeal the subsection, substitute:
6
(6) A charge may be fixed in relation to an application to develop or
7
vary a standard only if:
8
(a) the development or variation of the standard would confer an
9
exclusive capturable commercial benefit on the applicant; or
10
(b) the applicant has elected to have the consideration of the
11
application expedited.
12
23 Section 152
13
Before "The members", insert "(1)".
14
24 Section 152
15
After "for a financial year", insert "(the current year)".
16
25 Before paragraph 152(a)
17
Insert:
18
(aa) the number of applications that were made under section 22
19
during the current year; and
20
(ab) the number of applications accepted under subsection 26(1)
21
during the current year; and
22
(ac) the number of applications rejected under subsection 26(1)
23
during the current year and the reasons for the rejections; and
24
(ad) the number of applications withdrawn under subsection 24(1)
25
during the current year; and
26
(ae) the number of applications accepted under subsection 26(1)
27
during the current year that the Authority had not begun to
28
assess under section 29 during the current year; and
29
(af) the number of applications accepted under subsection 26(1)
30
during a previous financial year that the Authority had not
31
Schedule 1 Amendments
Part 2 Other amendments
10 Food Standards Australia New Zealand Amendment Bill 2010 No. , 2010
begun to assess under section 29 before the end of the current
1
year; and
2
26 Paragraphs 152(a) to (f)
3
Omit "that year", substitute "the current year".
4
27 After paragraph 152(f)
5
Insert:
6
(fa) the number of applications accepted under subsection 26(1)
7
during a previous financial year that the Authority had begun
8
to assess under section 29 before the end of the current year,
9
but that the Authority had not disposed of before the end of
10
the current year; and
11
(fb) for an application covered by paragraph (fa), the period that
12
has elapsed since the application was accepted under
13
subsection 26(1); and
14
28 Paragraphs 152(g) to (k)
15
Omit "that year", substitute "the current year".
16
29 After paragraph 152(k)
17
Insert:
18
(ka) the number of applications declared under section 95 to be
19
urgent applications during the current year; and
20
30 Paragraph 152(l)
21
Omit "made", substitute "prepared".
22
31 Paragraph 152(l)
23
Omit "that year", substitute "the current year".
24
32 After paragraph 152(l)
25
Insert:
26
(la) the number of proposals prepared under section 55 during the
27
current year that the Authority had not begun to assess under
28
section 59 during that year; and
29
(lb) the number of proposals prepared under section 55 during a
30
previous financial year that the Authority had not begun to
31
Amendments Schedule 1
Other amendments Part 2
Food Standards Australia New Zealand Amendment Bill 2010 No. , 2010 11
assess under section 59 before the end of the current year;
1
and
2
33 Paragraph 152(n)
3
Omit "so made".
4
34 Paragraph 152(n)
5
Omit "that year", substitute "the current year".
6
35 Paragraph 152(o)
7
Omit "that year", substitute "the current year".
8
36 After paragraph 152(p)
9
Insert:
10
(pa) the number of proposals prepared under section 55 during a
11
previous financial year that the Authority had begun to assess
12
under section 59 before the end of the current year, but that
13
the Authority had not disposed of before the end of the
14
current year; and
15
(pb) for a proposal covered by paragraph (pa), the period that has
16
elapsed since the proposal was prepared under section 55;
17
and
18
(pc) the number of proposals declared under section 95 to be
19
urgent proposals during the current year; and
20
(pd) the number of occasions during the current year when the 12
21
month period referred to in subsection 101(1) ended with no
22
decision having been made under that subsection and the
23
reasons for no decision having been made; and
24
37 Paragraphs 152(q) to (y)
25
Omit "that year", substitute "the current year".
26
38 At the end of section 152
27
Add:
28
(2) The report may include any other matters that the members
29
consider relevant.
30
39 Application
31
Schedule 1 Amendments
Part 2 Other amendments
12 Food Standards Australia New Zealand Amendment Bill 2010 No. , 2010
The amendments made by items 23 to 38 apply in relation to financial
1
years ending on or after the commencement of those items.
2

 


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