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This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014-2015
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Food Standards Australia New Zealand
Amendment Bill 2015
No. , 2015
(Health)
A Bill for an Act to amend the Food Standards
Australia New Zealand Act 1991, and for related
purposes
No. , 2015
Food Standards Australia New Zealand Amendment Bill 2015
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Food Standards Australia New Zealand Act 1991
3
No. , 2015
Food Standards Australia New Zealand Amendment Bill 2015
1
A Bill for an Act to amend the Food Standards
1
Australia New Zealand Act 1991, and for related
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 2015.
7
2 Commencement
8
This Act commences on the day after this Act receives the Royal
9
Assent.
10
2
Food Standards Australia New Zealand Amendment Bill 2015
No. , 2015
3 Schedules
1
Legislation that is specified in a Schedule to this Act is amended or
2
repealed as set out in the applicable items in the Schedule
3
concerned, and any other item in a Schedule to this Act has effect
4
according to its terms.
5
Amendments Schedule 1
No. , 2015
Food Standards Australia New Zealand Amendment Bill 2015
3
Schedule 1
--Amendments
1
2
Food Standards Australia New Zealand Act 1991
3
1 Subsection 4(1) (definition of Council)
4
Repeal the definition.
5
2 Subsection 4(1)
6
Insert:
7
Forum on Food Regulation (short for Australia and New Zealand
8
Ministerial Forum on Food Regulation) means the body continued
9
in existence by section 11A.
10
3 Subsection 4(1) (definition of New Zealand lead Minister on
11
the Council)
12
Repeal the definition.
13
4 Subsection 4(1)
14
Insert:
15
New Zealand lead Minister on the Forum on Food Regulation
16
means the Minister of the government of New Zealand who is:
17
(a) a member of the Forum on Food Regulation; and
18
(b) nominated by the government of New Zealand to be the New
19
Zealand lead Minister on the Forum on Food Regulation.
20
5 Subsection 4(1) (definition of policy guideline)
21
Omit "Council", substitute "Forum on Food Regulation".
22
6 After section 7
23
Insert:
24
7A Requirements relating to giving written notice
25
If a provision of this Act requires the Authority to give a written
26
notice to an appropriate government agency, the Authority is taken
27
to have satisfied the relevant provision if the Authority gives
28
written notice to an appropriate government agency that the
29
Schedule 1 Amendments
4
Food Standards Australia New Zealand Amendment Bill 2015
No. , 2015
Authority considers has an interest in the matter to which the
1
notice relates.
2
7 After Part 1
3
Insert:
4
Part 1A--The Forum on Food Regulation
5
6
11A Establishment
7
The Australia and New Zealand Food Regulation Ministerial
8
Council that was established by the Food Regulation Agreement
9
continues in existence by force of this section under the name
10
Australia and New Zealand Ministerial Forum on Food Regulation
11
(the Forum on Food Regulation).
12
Note:
See also section 25B of the Acts Interpretation Act 1901.
13
8 Subsection 15(3)
14
Omit "Council", substitute "Forum on Food Regulation".
15
9 Paragraph 18(2)(e)
16
Omit "Council", substitute "Forum on Food Regulation".
17
10 Subsections 18(3), (3A) and (6)
18
Omit "Council", substitute "Forum on Food Regulation".
19
11 Section 21 (steps 9 and 10)
20
Omit "Council", substitute "Forum on Food Regulation".
21
12 Subsection 24(1)
22
Omit "after the Authority has accepted the application under
23
paragraph 26(1)(a) or 47(1)(a), but".
24
13 Paragraph 33(3)(i)
25
Repeal the paragraph, substitute:
26
(i) if applicable--a Regulation Impact Statement.
27
Amendments Schedule 1
No. , 2015
Food Standards Australia New Zealand Amendment Bill 2015
5
14 Section 34 (heading)
1
Repeal the heading, substitute:
2
34 Notifying the Forum on Food Regulation
3
15 Paragraph 34(1)(a)
4
Omit "Council", substitute "Forum on Food Regulation".
5
16 Paragraph 34(1)(c)
6
Repeal the paragraph, substitute:
7
(c) publish a notice on the Authority's website that states:
8
(i) that the draft standard or draft variation has been
9
approved; and
10
(ii) that the Forum has been notified that the draft standard
11
or draft variation has been approved; and
12
(iii) that the Forum may request the Authority to review the
13
draft standard or draft variation under Division 3; and
14
(iv) where further information about the draft standard or
15
draft variation may be obtained.
16
17 Subsection 34(2)
17
Repeal the subsection, substitute:
18
(2) If the Authority has notified the Forum on Food Regulation under
19
subsection (1), the Forum may direct the Authority to give the
20
Forum such information as the Forum reasonably requires for the
21
purpose of assisting the Forum to make a decision about the draft
22
under Division 3.
23
Note:
The process followed by the Forum on Food Regulation after
24
receiving notification under this section is set out in Division 3.
25
18 Subsection 35(5)
26
Omit "Council", substitute "Forum on Food Regulation".
27
19 Paragraph 41(4)(a)
28
Omit "Council", substitute "Forum on Food Regulation".
29
20 Paragraph 41(4)(c)
30
Repeal the paragraph, substitute:
31
Schedule 1 Amendments
6
Food Standards Australia New Zealand Amendment Bill 2015
No. , 2015
(c) publish a notice on the Authority's website that states:
1
(i) that the draft variation has been approved; and
2
(ii) that the Forum has been notified that the draft variation
3
has been approved; and
4
(iii) that the Forum may request the Authority to review the
5
draft variation under Division 3; and
6
(iv) where further information about the draft variation may
7
be obtained.
8
21 Subsection 41(5)
9
Repeal the subsection, substitute:
10
(5) If the Authority has notified the Forum on Food Regulation under
11
subsection (4), the Forum may direct the Authority to give the
12
Forum such information as the Forum reasonably requires for the
13
purpose of assisting the Forum to make a decision about the draft
14
under Division 3.
15
Note:
The process followed by the Forum on Food Regulation after
16
receiving notification under this section is set out in Division 3.
17
22 Paragraph 50(2)(b)
18
Repeal the paragraph.
19
23 Section 53 (heading)
20
Repeal the heading, substitute:
21
53 Notifying the Forum on Food Regulation
22
24 Paragraph 53(1)(a)
23
Omit "Council", substitute "Forum on Food Regulation".
24
25 Subsection 53(2)
25
Repeal the subsection, substitute:
26
(2) If the Authority has notified the Forum on Food Regulation under
27
subsection (1), the Forum may direct the Authority to give the
28
Forum such information as the Forum reasonably requires for the
29
purpose of assisting the Forum to make a decision about the draft
30
under Division 3.
31
Amendments Schedule 1
No. , 2015
Food Standards Australia New Zealand Amendment Bill 2015
7
Note:
The process followed by the Forum on Food Regulation after
1
receiving notification under this section is set out in Division 3.
2
26 Section 54 (steps 9 and 10)
3
Omit "Council", substitute "Forum on Food Regulation".
4
27 Subsection 56(1)
5
Repeal the subsection, substitute:
6
(1) The Authority may abandon a proposal at any time before:
7
(a) if the proposal results, or would result, in the development or
8
variation of a standard--the draft standard or draft variation
9
is approved; or
10
(b) if the proposal results, or would result, in the development or
11
variation of a code of practice--the draft code of practice or
12
variation is approved.
13
28 Subsection 56(2)
14
Omit "77", substitute "75".
15
29 Subsection 59(1)
16
Omit "If", substitute "Subject to section 56, if".
17
30 At the end of subsection 59(1)
18
Add:
19
Note:
Section 56 allows the Authority to abandon a proposal.
20
31 Paragraph 63(3)(i)
21
Repeal the paragraph, substitute:
22
(i) if applicable--a Regulation Impact Statement.
23
32 Section 64 (heading)
24
Repeal the heading, substitute:
25
64 Notifying the Forum on Food Regulation
26
33 Paragraph 64(1)(a)
27
Omit "Council", substitute "Forum on Food Regulation".
28
Schedule 1 Amendments
8
Food Standards Australia New Zealand Amendment Bill 2015
No. , 2015
34 Paragraph 64(1)(c)
1
Repeal the paragraph, substitute:
2
(c) publish a notice on the Authority's website that states:
3
(i) that the draft standard or draft variation has been
4
approved; and
5
(ii) that the Forum has been notified that the draft standard
6
or draft variation has been approved; and
7
(iii) that the Forum may request the Authority to review the
8
draft standard or draft variation under Division 3; and
9
(iv) where further information about the draft standard or
10
draft variation may be obtained.
11
35 Subsection 64(2)
12
Repeal the subsection, substitute:
13
(2) If the Authority has notified the Forum on Food Regulation under
14
subsection (1), the Forum may direct the Authority to give the
15
Forum such information as the Forum reasonably requires for the
16
purpose of assisting the Forum to make a decision about the draft
17
under Division 3.
18
Note:
The process followed by the Forum on Food Regulation after
19
receiving notification under this section is set out in Division 3.
20
36 Subsection 65(5)
21
Omit "Council", substitute "Forum on Food Regulation".
22
37 Paragraph 69(4)(a)
23
Omit "Council", substitute "Forum on Food Regulation".
24
38 Paragraph 69(4)(c)
25
Repeal the paragraph, substitute:
26
(c) publish a notice on the Authority's website that states:
27
(i) that the draft variation has been approved; and
28
(ii) that the Forum has been notified that the draft variation
29
has been approved; and
30
(iii) that the Forum may request the Authority to review the
31
draft variation under Division 3; and
32
(iv) where further information about the draft variation may
33
be obtained.
34
Amendments Schedule 1
No. , 2015
Food Standards Australia New Zealand Amendment Bill 2015
9
39 Subsection 69(5)
1
Repeal the subsection, substitute:
2
(5) If the Authority has notified the Forum on Food Regulation under
3
subsection (4), the Forum may direct the Authority to give the
4
Forum such information as the Forum reasonably requires for the
5
purpose of assisting the Forum to make a decision about the draft
6
under Division 3.
7
Note:
The process followed by the Forum on Food Regulation after
8
receiving notification under this section is set out in Division 3.
9
40 Paragraph 76(2)(b)
10
Repeal the paragraph.
11
41 Paragraph 76(2)(d)
12
Before "all", insert "consider".
13
42 Section 79 (heading)
14
Repeal the heading, substitute:
15
79 Notifying the Forum on Food Regulation
16
43 Paragraph 79(1)(a)
17
Omit "Council", substitute "Forum on Food Regulation".
18
44 Paragraph 79(1)(b)
19
Omit "if submissions were called for under section 77--".
20
45 Subsection 79(2)
21
Repeal the subsection, substitute:
22
(2) If the Authority has notified the Forum on Food Regulation under
23
subsection (1), the Forum may direct the Authority to give the
24
Forum such information as the Forum reasonably requires for the
25
purpose of assisting the Forum to make a decision about the draft
26
under Division 3.
27
Note:
The process followed by the Forum on Food Regulation after
28
receiving notification under this section is set out in Division 3.
29
Schedule 1 Amendments
10
Food Standards Australia New Zealand Amendment Bill 2015
No. , 2015
46 Paragraph 82(4)(a)
1
Omit "Council", substitute "Forum on Food Regulation".
2
47 Subparagraphs 82(4)(b)(ii) and (iii)
3
Omit "Council", substitute "Forum".
4
48 Division 3 of Part 3 (heading)
5
Repeal the heading, substitute:
6
Division 3--Forum on Food Regulation review of draft
7
standards and draft variations of standards
8
49 Section 84 (heading)
9
Repeal the heading, substitute:
10
84 Forum on Food Regulation may request a review
11
50 Subsection 84(1)
12
Omit "Council" (first occurring), substitute "Forum on Food
13
Regulation".
14
51 Subsection 84(1)
15
Omit "Council" (second occurring), substitute "Forum".
16
52 Paragraph 84(1)(b)
17
Omit "Council", substitute "Forum".
18
53 Subsection 84(2)
19
Omit "Council", substitute "Forum on Food Regulation".
20
54 Section 85
21
Omit "Council" (first occurring), substitute "Forum on Food
22
Regulation".
23
55 Section 85
24
Omit "Council" (second occurring), substitute "Forum".
25
Amendments Schedule 1
No. , 2015
Food Standards Australia New Zealand Amendment Bill 2015
11
56 Subsection 86(1)
1
Repeal the subsection, substitute:
2
(1) If the Forum on Food Regulation requests the Authority to review
3
a draft standard or draft variation, the Forum must inform the
4
Authority of the Forum's concerns with the draft.
5
57 Subsection 86(2)
6
Omit "Council", substitute "Forum on Food Regulation".
7
58 Subsection 87(1)
8
Omit "Council" (first occurring), substitute "Forum on Food
9
Regulation".
10
59 Subparagraph 87(1)(b)(ii)
11
Omit "Council", substitute "Forum".
12
60 Subsection 87(3)
13
Omit "Council", substitute "Forum on Food Regulation".
14
61 Section 88 (heading)
15
Repeal the heading, substitute:
16
88 Forum on Food Regulation may amend or reject the draft after
17
review
18
62 Subsection 88(1)
19
Omit "Council" (first occurring), substitute "Forum on Food
20
Regulation".
21
63 Subsection 88(1)
22
Omit "Council" (second occurring), substitute "Forum".
23
64 Paragraph 88(1)(a)
24
Omit "Council", substitute "Forum".
25
65 Section 89 (heading)
26
Repeal the heading, substitute:
27
Schedule 1 Amendments
12
Food Standards Australia New Zealand Amendment Bill 2015
No. , 2015
89 Forum on Food Regulation does not intend to amend or reject the
1
draft
2
66 Section 89
3
Omit "Council", substitute "Forum on Food Regulation".
4
67 Section 90 (heading)
5
Repeal the heading, substitute:
6
90 Forum on Food Regulation amends the draft
7
68 Subsection 90(1)
8
Omit "Council" (first occurring), substitute "Forum on Food
9
Regulation".
10
69 Subsection 90(1)
11
Omit "Council" (second occurring), substitute "Forum".
12
70 Subsection 90(2)
13
Omit "Council" (first occurring), substitute "Forum on Food
14
Regulation".
15
71 Subsection 90(2)
16
Omit "Council" (second and third occurring), substitute "Forum".
17
72 Section 91 (heading)
18
Repeal the heading, substitute:
19
91 Forum on Food Regulation rejects the draft
20
73 Section 91
21
Before "If", insert "(1)".
22
74 Section 91
23
Omit "Council" (first occurring), substitute "Forum on Food
24
Regulation".
25
Amendments Schedule 1
No. , 2015
Food Standards Australia New Zealand Amendment Bill 2015
13
75 Section 91
1
Omit "Council" (second occurring), substitute "Forum".
2
76 Paragraph 91(c)
3
Repeal the paragraph, substitute:
4
(c) publish a copy of the notice on the internet.
5
77 At the end of section 91
6
Add:
7
(2) Upon receiving a copy of the notice, the Authority must give
8
public notice of the Forum on Food Regulation's notice.
9
78 Subparagraph 92(b)(ii)
10
Omit "and".
11
79 Subparagraph 92(b)(iii)
12
Repeal the subparagraph.
13
80 Paragraph 92(c)
14
Repeal the paragraph.
15
81 Subsection 95(3)
16
Repeal the subsection, substitute:
17
(3) The Authority must give public notice of a declaration under
18
subsection (1) or (2) and include a copy of the declaration in the
19
notice.
20
82 Paragraph 95(5)(b)
21
Omit "Council", substitute "Forum on Food Regulation".
22
83 Subsection 96(6)
23
Omit "in a generally circulating newspaper, in each State or Territory
24
and in New Zealand," substitute ", on the Authority's website,".
25
84 Subsection 97(4)
26
Repeal the subsection, substitute:
27
Schedule 1 Amendments
14
Food Standards Australia New Zealand Amendment Bill 2015
No. , 2015
(4) If the Authority approves a draft standard or a draft variation of a
1
standard under this section (with or without amendments), the
2
Authority must give public notice of the approval, together with
3
information about where further information about the draft
4
standard or draft variation may be obtained.
5
85 Subsection 101(3)
6
Omit "Council", substitute "Forum on Food Regulation".
7
86 Subsection 101(5)
8
Repeal the subsection, substitute:
9
(5) If the Authority notifies the Forum on Food Regulation that the
10
Authority has re-affirmed a standard or variation of a standard, the
11
Forum may direct the Authority to give the Forum such
12
information as the Forum reasonably requires for the purpose of
13
assisting the Forum to make a decision about the standard or
14
variation under section 102.
15
87 Section 102 (heading)
16
Repeal the heading, substitute:
17
102 Forum on Food Regulation may request Authority to review
18
88 Subsection 102(1)
19
Omit "Council" (first occurring), substitute "Forum on Food
20
Regulation".
21
89 Subsection 102(1)
22
Omit "Council" (second occurring), substitute "Forum".
23
90 Paragraph 102(1)(b)
24
Omit "Council", substitute "Forum".
25
91 Subsection 102(2)
26
Omit "Council", substitute "Forum on Food Regulation".
27
92 Subsection 103(1)
28
Repeal the subsection, substitute:
29
Amendments Schedule 1
No. , 2015
Food Standards Australia New Zealand Amendment Bill 2015
15
(1) If the Forum on Food Regulation requests the Authority to review
1
the standard or variation, the Forum must inform the Authority of
2
the Forum's concerns with the standard or variation.
3
93 Subsection 103(2)
4
Omit "Council", substitute "Forum on Food Regulation".
5
94 Subsection 104(1)
6
Omit "Council" (first occurring), substitute "Forum on Food
7
Regulation".
8
95 Subparagraph 104(1)(b)(ii)
9
Omit "Council", substitute "Forum".
10
96 Subsection 104(3)
11
Omit "Council", substitute "Forum on Food Regulation".
12
97 Section 106 (heading)
13
Repeal the heading, substitute:
14
106 Forum on Food Regulation may revoke or amend standard or
15
variation
16
98 Subsection 106(1)
17
Omit "Council" (first occurring), substitute "Forum on Food
18
Regulation".
19
99 Subsection 106(1)
20
Omit "Council" (second occurring), substitute "Forum".
21
100 Paragraph 106(1)(a)
22
Omit "Council", substitute "Forum".
23
101 Subsection 106(2)
24
Omit "Council" (first occurring), substitute "Forum on Food
25
Regulation".
26
Schedule 1 Amendments
16
Food Standards Australia New Zealand Amendment Bill 2015
No. , 2015
102 Subsection 106(2)
1
Omit "Council" (second occurring), substitute "Forum".
2
103 Paragraph 106(2)(c)
3
Repeal the paragraph, substitute:
4
(c) publish a copy of the notice on the internet.
5
104 After subsection 106(2)
6
Insert:
7
(2A) Upon receiving a copy of the notice, the Authority must give
8
public notice of the Forum on Food Regulation's notice.
9
105 Subsection 106(3)
10
Omit "Council" (first occurring), substitute "Forum on Food
11
Regulation".
12
106 Subsection 106(3)
13
Omit "Council" (second occurring), substitute "Forum".
14
107 Subsection 106(4)
15
Omit "Council", substitute "Forum on Food Regulation".
16
108 Subparagraph 106(4)(b)(ii)
17
Omit "and".
18
109 Subparagraph 106(4)(b)(iii)
19
Repeal the subparagraph.
20
110 Paragraph 106(4)(c)
21
Repeal the paragraph.
22
111 Subsection 109(9)
23
Omit "Council", substitute "Forum on Food Regulation".
24
112 Subsection 109(10)
25
Omit "Council" (first occurring), substitute "Forum on Food
26
Regulation".
27
Amendments Schedule 1
No. , 2015
Food Standards Australia New Zealand Amendment Bill 2015
17
113 Paragraphs 109(10)(a) and (b)
1
Omit "Council", substitute "Forum".
2
114 Paragraph 110(2)(c)
3
Omit "Council", substitute "Forum on Food Regulation".
4
115 Paragraph 110(5)(a)
5
Omit "77", substitute "75".
6
116 Paragraph 110(5)(b)
7
Omit "Council", substitute "Forum on Food Regulation".
8
117 Subsection 112(4)
9
Omit "77", substitute "75".
10
118 Subsections 113(2) and (3)
11
Omit "Council", substitute "Forum on Food Regulation".
12
119 Subsection 113(4)
13
Omit "Council" (first occurring), substitute "Forum on Food
14
Regulation".
15
120 Paragraph 113(4)(b)
16
Omit "Council", substitute "Forum".
17
121 Subsection 113(5)
18
Omit "Council", substitute "Forum on Food Regulation".
19
122 Paragraphs 116(1)(c) and (ca)
20
Omit "Council", substitute "Forum on Food Regulation".
21
123 Subsections 116(1B) and (2)
22
Omit "Council", substitute "Forum on Food Regulation".
23
124 Subsections 118(4) and (5)
24
Omit "Council", substitute "Forum on Food Regulation".
25
Schedule 1 Amendments
18
Food Standards Australia New Zealand Amendment Bill 2015
No. , 2015
125 Subsections 128(3) and (4)
1
Omit "Minister", substitute "Board".
2
126 Subsection 145(1)
3
Omit "(1)".
4
127 Subsection 145(1)
5
Omit "Council", substitute "Forum on Food Regulation".
6
128 After paragraph 152(1)(r)
7
Insert:
8
(ra) the number of draft standards and draft variations approved
9
during the current period under:
10
(i) section 33 or 63; or
11
(ii) section 41 or 69; or
12
(iii) section 52 or 78; or
13
(iv) section 97; and
14
129 Paragraph 152(1)(t)
15
Repeal the paragraph.
16
130 Paragraphs 152(1)(u) and (v)
17
Omit "Council", substitute "Forum on Food Regulation".
18
131 Paragraphs 152(1)(w) and (x)
19
Omit "Council under Division 3", substitute "Forum on Food
20
Regulation under Division 4".
21
132 Application
22
(1)
The amendment made by item 77 of this Schedule applies to a notice
23
given to the Authority on or after the day this item commences, even if
24
the draft standard or draft variation to which the notice relates was
25
prepared before that day.
26
(2)
The amendment made by item 104 of this Schedule applies to a notice
27
given to the Authority on or after the day this item commences, even if
28
the standard or variation to which the notice relates was assessed before
29
that day.
30
Amendments Schedule 1
No. , 2015
Food Standards Australia New Zealand Amendment Bill 2015
19
(3)
The amendment made by item 125 of this Schedule applies to an
1
appointment made on or after the day this item commences, even if the
2
period of 2 years mentioned in subsection 128(3) of the Food Standards
3
Australia New Zealand Act 1991 began before that day.
4