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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 (Forum on Food Regulation
and Other Measures) 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 (Forum on Food
Regulation and Other Measures) Bill 2015
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Main amendments
3
Part 1--Amendments commencing day after Royal Assent
3
Food Standards Australia New Zealand Act 1991
3
Part 2--Other amendments
20
Food Standards Australia New Zealand Act 1991
20
Schedule 2--Amendments commencing 1 January 2016
21
Food Standards Australia New Zealand Act 1991
21
No. , 2015
Food Standards Australia New Zealand Amendment (Forum on Food
Regulation and Other Measures) 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 (Forum on Food Regulation and Other
7
Measures) Act 2015.
8
2 Commencement
9
(1) Each provision of this Act specified in column 1 of the table
10
commences, or is taken to have commenced, in accordance with
11
2
Food Standards Australia New Zealand Amendment (Forum on Food
Regulation and Other Measures) Bill 2015
No. , 2015
column 2 of the table. Any other statement in column 2 has effect
1
according to its terms.
2
3
Commencement information
Column 1
Column 2
Column 3
Provisions
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,
Part 1
The day after this Act receives the Royal
Assent.
3. Schedule 1,
Part 2
A single day to be fixed by Proclamation.
However, if the provisions do not commence
within the period of 12 months beginning on
the day this Act receives the Royal Assent,
they do not commence at all.
4. Schedule 2
1 January 2016.
1 January 2016
Note:
This table relates only to the provisions of this Act as originally
4
enacted. It will not be amended to deal with any later amendments of
5
this Act.
6
(2) Any information in column 3 of the table is not part of this Act.
7
Information may be inserted in this column, or information in it
8
may be edited, in any published version of this Act.
9
3 Schedules
10
Legislation that is specified in a Schedule to this Act is amended or
11
repealed as set out in the applicable items in the Schedule
12
concerned, and any other item in a Schedule to this Act has effect
13
according to its terms.
14
Main amendments Schedule 1
Amendments commencing day after Royal Assent Part 1
No. , 2015
Food Standards Australia New Zealand Amendment (Forum on Food
Regulation and Other Measures) Bill 2015
3
Schedule 1
--Main amendments
1
Part 1
--Amendments commencing day after Royal
2
Assent
3
Food Standards Australia New Zealand Act 1991
4
1 Subsection 4(1) (definition of appropriate government
5
agency)
6
Repeal the definition, substitute:
7
appropriate government agency means:
8
(a) the relevant Department of State of the Commonwealth, a
9
State, a Territory or New Zealand administered by a Minister
10
who is a member of the Forum on Food Regulation; or
11
(b) any other body that has an officer on the Food Regulation
12
Standing Committee; or
13
(c) any other body or officer of the Commonwealth, a State, a
14
Territory or New Zealand that the Authority considers has a
15
particular interest in the relevant matter.
16
2 Subsection 4(1) (definition of Council)
17
Repeal the definition.
18
3 Subsection 4(1)
19
Insert:
20
Forum on Food Regulation means the Australia and New Zealand
21
Food Regulation Ministerial Council established by the Food
22
Regulation Agreement.
23
4 Subsection 4(1)
24
Repeal the following definitions:
25
(a) definition of Gene Technology Regulator;
26
(b) definition of GMO;
27
(c) definition of GM product;
28
(d) definition of New Zealand lead Minister on the Council.
29
Schedule 1 Main amendments
Part 1 Amendments commencing day after Royal Assent
4
Food Standards Australia New Zealand Amendment (Forum on Food
Regulation and Other Measures) Bill 2015
No. , 2015
5 Subsection 4(1)
1
Insert:
2
New Zealand lead Minister on the Forum on Food Regulation
3
means the Minister of the government of New Zealand who is:
4
(a) a member of the Forum on Food Regulation; and
5
(b) nominated by the government of New Zealand to be the New
6
Zealand lead Minister on the Forum on Food Regulation.
7
6 Subsection 4(1) (definition of policy guideline)
8
Omit "Council", substitute "Forum on Food Regulation".
9
7 After Part 1
10
Insert:
11
Part 1A--The Forum on Food Regulation
12
13
11A Forum on Food Regulation
14
The Australia and New Zealand Food Regulation Ministerial
15
Council established by the Food Regulation Agreement may also
16
be known as the Australia and New Zealand Ministerial Forum on
17
Food Regulation.
18
8 Subsection 15(3)
19
Omit "Council", substitute "Forum on Food Regulation".
20
9 Paragraph 18(2)(e)
21
Omit "Council", substitute "Forum on Food Regulation".
22
10 Subsections 18(3), (3A) and (6)
23
Omit "Council", substitute "Forum on Food Regulation".
24
11 Section 19
25
Repeal the section.
26
Main amendments Schedule 1
Amendments commencing day after Royal Assent Part 1
No. , 2015
Food Standards Australia New Zealand Amendment (Forum on Food
Regulation and Other Measures) Bill 2015
5
12 Section 21 (steps 9 and 10)
1
Omit "Council", substitute "Forum on Food Regulation".
2
13 Subsection 24(1)
3
Omit "after the Authority has accepted the application under
4
paragraph 26(1)(a) or 47(1)(a), but".
5
14 Paragraph 33(3)(i)
6
Repeal the paragraph, substitute:
7
(i) if applicable--a Regulation Impact Statement.
8
15 Section 34 (heading)
9
Repeal the heading, substitute:
10
34 Notifying the Forum on Food Regulation
11
16 Paragraph 34(1)(a)
12
Omit "Council", substitute "Forum on Food Regulation".
13
17 Paragraph 34(1)(c)
14
Repeal the paragraph, substitute:
15
(c) publish a notice on the Authority's website that states:
16
(i) that the draft standard or draft variation has been
17
approved; and
18
(ii) that the Forum has been notified that the draft standard
19
or draft variation has been approved; and
20
(iii) that the Forum may request the Authority to review the
21
draft standard or draft variation under Division 3; and
22
(iv) where further information about the draft standard or
23
draft variation may be obtained.
24
18 Subsection 34(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
Schedule 1 Main amendments
Part 1 Amendments commencing day after Royal Assent
6
Food Standards Australia New Zealand Amendment (Forum on Food
Regulation and Other Measures) Bill 2015
No. , 2015
purpose of assisting the Forum to make a decision about the draft
1
under Division 3.
2
Note:
The process followed by the Forum on Food Regulation after
3
receiving notification under this section is set out in Division 3.
4
19 Subsection 35(5)
5
Omit "Council", substitute "Forum on Food Regulation".
6
20 Paragraph 41(4)(a)
7
Omit "Council", substitute "Forum on Food Regulation".
8
21 Paragraph 41(4)(c)
9
Repeal the paragraph, substitute:
10
(c) publish a notice on the Authority's website that states:
11
(i) that the draft variation has been approved; and
12
(ii) that the Forum has been notified that the draft variation
13
has been approved; and
14
(iii) that the Forum may request the Authority to review the
15
draft variation under Division 3; and
16
(iv) where further information about the draft variation may
17
be obtained.
18
22 Subsection 41(5)
19
Repeal the subsection, substitute:
20
(5) If the Authority has notified the Forum on Food Regulation under
21
subsection (4), the Forum may direct the Authority to give the
22
Forum such information as the Forum reasonably requires for the
23
purpose of assisting the Forum to make a decision about the draft
24
under Division 3.
25
Note:
The process followed by the Forum on Food Regulation after
26
receiving notification under this section is set out in Division 3.
27
23 Paragraph 50(2)(b)
28
Omit "assess the draft variation against the criteria set out in the
29
Nutrition, Health and Related Claims Standard in relation to high level
30
health claims, taking", substitute "take".
31
Main amendments Schedule 1
Amendments commencing day after Royal Assent Part 1
No. , 2015
Food Standards Australia New Zealand Amendment (Forum on Food
Regulation and Other Measures) Bill 2015
7
24 Section 53 (heading)
1
Repeal the heading, substitute:
2
53 Notifying the Forum on Food Regulation
3
25 Paragraph 53(1)(a)
4
Omit "Council", substitute "Forum on Food Regulation".
5
26 Subsection 53(2)
6
Repeal the subsection, substitute:
7
(2) If the Authority has notified the Forum on Food Regulation under
8
subsection (1), the Forum may direct the Authority to give the
9
Forum such information as the Forum reasonably requires for the
10
purpose of assisting the Forum to make a decision about the draft
11
under Division 3.
12
Note:
The process followed by the Forum on Food Regulation after
13
receiving notification under this section is set out in Division 3.
14
27 Section 54 (steps 9 and 10)
15
Omit "Council", substitute "Forum on Food Regulation".
16
28 Subsection 56(1)
17
Repeal the subsection, substitute:
18
(1) The Authority may abandon a proposal at any time before:
19
(a) if the proposal results, or would result, in the development or
20
variation of a standard--the draft standard or draft variation
21
is approved; or
22
(b) if the proposal results, or would result, in the development or
23
variation of a code of practice--the draft code of practice or
24
draft variation is approved.
25
29 Subsection 56(2)
26
Omit "77", substitute "75".
27
30 Subsection 59(1)
28
Omit "If", substitute "Subject to section 56, if".
29
Schedule 1 Main amendments
Part 1 Amendments commencing day after Royal Assent
8
Food Standards Australia New Zealand Amendment (Forum on Food
Regulation and Other Measures) Bill 2015
No. , 2015
31 At the end of subsection 59(1)
1
Add:
2
Note:
Section 56 allows the Authority to abandon a proposal.
3
32 Paragraph 63(3)(i)
4
Repeal the paragraph, substitute:
5
(i) if applicable--a Regulation Impact Statement.
6
33 Section 64 (heading)
7
Repeal the heading, substitute:
8
64 Notifying the Forum on Food Regulation
9
34 Paragraph 64(1)(a)
10
Omit "Council", substitute "Forum on Food Regulation".
11
35 Paragraph 64(1)(c)
12
Repeal the paragraph, substitute:
13
(c) publish a notice on the Authority's website that states:
14
(i) that the draft standard or draft variation has been
15
approved; and
16
(ii) that the Forum has been notified that the draft standard
17
or draft variation has been approved; and
18
(iii) that the Forum may request the Authority to review the
19
draft standard or draft variation under Division 3; and
20
(iv) where further information about the draft standard or
21
draft variation may be obtained.
22
36 Subsection 64(2)
23
Repeal the subsection, substitute:
24
(2) If the Authority has notified the Forum on Food Regulation under
25
subsection (1), the Forum may direct the Authority to give the
26
Forum such information as the Forum reasonably requires for the
27
purpose of assisting the Forum to make a decision about the draft
28
under Division 3.
29
Main amendments Schedule 1
Amendments commencing day after Royal Assent Part 1
No. , 2015
Food Standards Australia New Zealand Amendment (Forum on Food
Regulation and Other Measures) Bill 2015
9
Note:
The process followed by the Forum on Food Regulation after
1
receiving notification under this section is set out in Division 3.
2
37 Subsection 65(5)
3
Omit "Council", substitute "Forum on Food Regulation".
4
38 Paragraph 69(4)(a)
5
Omit "Council", substitute "Forum on Food Regulation".
6
39 Paragraph 69(4)(c)
7
Repeal the paragraph, substitute:
8
(c) publish a notice on the Authority's website that states:
9
(i) that the draft variation has been approved; and
10
(ii) that the Forum has been notified that the draft variation
11
has been approved; and
12
(iii) that the Forum may request the Authority to review the
13
draft variation under Division 3; and
14
(iv) where further information about the draft variation may
15
be obtained.
16
40 Subsection 69(5)
17
Repeal the subsection, substitute:
18
(5) If the Authority has notified the Forum on Food Regulation under
19
subsection (4), 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
41 Paragraph 76(2)(b)
26
Omit "assess the draft variation against the criteria set out in the
27
Nutrition, Health and Related Claims Standard in relation to high level
28
health claims, taking", substitute "take".
29
42 Paragraph 76(2)(d)
30
Before "all", insert "consider".
31
Schedule 1 Main amendments
Part 1 Amendments commencing day after Royal Assent
10
Food Standards Australia New Zealand Amendment (Forum on Food
Regulation and Other Measures) Bill 2015
No. , 2015
43 Section 79 (heading)
1
Repeal the heading, substitute:
2
79 Notifying the Forum on Food Regulation
3
44 Paragraph 79(1)(a)
4
Omit "Council", substitute "Forum on Food Regulation".
5
45 Paragraph 79(1)(b)
6
Omit "if submissions were called for under section 77--".
7
46 Subsection 79(2)
8
Repeal the subsection, substitute:
9
(2) If the Authority has notified the Forum on Food Regulation under
10
subsection (1), the Forum may direct the Authority to give the
11
Forum such information as the Forum reasonably requires for the
12
purpose of assisting the Forum to make a decision about the draft
13
under Division 3.
14
Note:
The process followed by the Forum on Food Regulation after
15
receiving notification under this section is set out in Division 3.
16
47 Paragraph 82(4)(a)
17
Omit "Council", substitute "Forum on Food Regulation".
18
48 Subparagraphs 82(4)(b)(ii) and (iii)
19
Omit "Council", substitute "Forum".
20
49 Division 3 of Part 3 (heading)
21
Repeal the heading, substitute:
22
Division 3--Forum on Food Regulation review of draft
23
standards and draft variations of standards
24
50 Section 84 (heading)
25
Repeal the heading, substitute:
26
Main amendments Schedule 1
Amendments commencing day after Royal Assent Part 1
No. , 2015
Food Standards Australia New Zealand Amendment (Forum on Food
Regulation and Other Measures) Bill 2015
11
84 Forum on Food Regulation may request a review
1
51 Subsection 84(1)
2
Omit "Council" (first occurring), substitute "Forum on Food
3
Regulation".
4
52 Subsection 84(1)
5
Omit "Council" (second occurring), substitute "Forum".
6
53 Paragraph 84(1)(b)
7
Omit "Council", substitute "Forum".
8
54 Subsection 84(2)
9
Omit "Council", substitute "Forum on Food Regulation".
10
55 Section 85
11
Omit "Council" (first occurring), substitute "Forum on Food
12
Regulation".
13
56 Section 85
14
Omit "Council" (second occurring), substitute "Forum".
15
57 Subsection 86(1)
16
Repeal the subsection, substitute:
17
(1) If the Forum on Food Regulation requests the Authority to review
18
a draft standard or draft variation, the Forum must inform the
19
Authority of the Forum's concerns with the draft.
20
58 Subsection 86(2)
21
Omit "Council", substitute "Forum on Food Regulation".
22
59 Subsection 87(1)
23
Omit "Council" (first occurring), substitute "Forum on Food
24
Regulation".
25
60 Subparagraph 87(1)(b)(ii)
26
Omit "Council", substitute "Forum".
27
Schedule 1 Main amendments
Part 1 Amendments commencing day after Royal Assent
12
Food Standards Australia New Zealand Amendment (Forum on Food
Regulation and Other Measures) Bill 2015
No. , 2015
61 Subsection 87(3)
1
Omit "Council", substitute "Forum on Food Regulation".
2
62 Section 88 (heading)
3
Repeal the heading, substitute:
4
88 Forum on Food Regulation may amend or reject the draft after
5
review
6
63 Subsection 88(1)
7
Omit "Council" (first occurring), substitute "Forum on Food
8
Regulation".
9
64 Subsection 88(1)
10
Omit "Council" (second occurring), substitute "Forum".
11
65 Paragraph 88(1)(a)
12
Omit "Council", substitute "Forum".
13
66 Section 89 (heading)
14
Repeal the heading, substitute:
15
89 Forum on Food Regulation does not intend to amend or reject the
16
draft
17
67 Section 89
18
Omit "Council", substitute "Forum on Food Regulation".
19
68 Section 90 (heading)
20
Repeal the heading, substitute:
21
90 Forum on Food Regulation amends the draft
22
69 Subsection 90(1)
23
Omit "Council" (first occurring), substitute "Forum on Food
24
Regulation".
25
Main amendments Schedule 1
Amendments commencing day after Royal Assent Part 1
No. , 2015
Food Standards Australia New Zealand Amendment (Forum on Food
Regulation and Other Measures) Bill 2015
13
70 Subsection 90(1)
1
Omit "Council" (second occurring), substitute "Forum".
2
71 Subsection 90(2)
3
Omit "Council" (first occurring), substitute "Forum on Food
4
Regulation".
5
72 Subsection 90(2)
6
Omit "Council" (second and third occurring), substitute "Forum".
7
73 Section 91 (heading)
8
Repeal the heading, substitute:
9
91 Forum on Food Regulation rejects the draft
10
74 Section 91
11
Before "If", insert "(1)".
12
75 Section 91
13
Omit "Council" (first occurring), substitute "Forum on Food
14
Regulation".
15
76 Section 91
16
Omit "Council" (second occurring), substitute "Forum".
17
77 Paragraph 91(c)
18
Repeal the paragraph, substitute:
19
(c) publish a copy of the notice on the internet.
20
78 At the end of section 91
21
Add:
22
(2) Upon receiving a copy of the notice, the Authority must give
23
public notice of the Forum on Food Regulation's notice.
24
79 Subparagraph 92(b)(ii)
25
Omit "and".
26
Schedule 1 Main amendments
Part 1 Amendments commencing day after Royal Assent
14
Food Standards Australia New Zealand Amendment (Forum on Food
Regulation and Other Measures) Bill 2015
No. , 2015
80 Subparagraph 92(b)(iii)
1
Repeal the subparagraph.
2
81 Paragraph 92(c)
3
Repeal the paragraph.
4
82 Subsection 95(3)
5
Repeal the subsection, substitute:
6
(3) The Authority must give public notice of a declaration under
7
subsection (1) or (2) and include a copy of the declaration in the
8
notice.
9
83 Paragraph 95(5)(b)
10
Omit "Council", substitute "Forum on Food Regulation".
11
84 Subsection 96(6)
12
Omit "in a generally circulating newspaper, in each State or Territory
13
and in New Zealand," substitute ", on the Authority's website,".
14
85 Subsection 97(4)
15
Repeal the subsection, substitute:
16
(4) If the Authority approves a draft standard or a draft variation of a
17
standard under this section (with or without amendments), the
18
Authority must give public notice of the approval, together with
19
information about where further information about the draft
20
standard or draft variation may be obtained.
21
86 Subsection 101(3)
22
Omit "Council", substitute "Forum on Food Regulation".
23
87 Paragraph 101(4)(g)
24
Repeal the paragraph, substitute:
25
(g) if applicable--a Regulation Impact Statement in relation to
26
the standard or variation.
27
Main amendments Schedule 1
Amendments commencing day after Royal Assent Part 1
No. , 2015
Food Standards Australia New Zealand Amendment (Forum on Food
Regulation and Other Measures) Bill 2015
15
88 Subsection 101(5)
1
Repeal the subsection, substitute:
2
(5) If the Authority notifies the Forum on Food Regulation that the
3
Authority has re-affirmed a standard or variation of a standard, the
4
Forum may direct the Authority to give the Forum such
5
information as the Forum reasonably requires for the purpose of
6
assisting the Forum to make a decision about the standard or
7
variation under section 102.
8
89 Section 102 (heading)
9
Repeal the heading, substitute:
10
102 Forum on Food Regulation may request Authority to review
11
90 Subsection 102(1)
12
Omit "Council" (first occurring), substitute "Forum on Food
13
Regulation".
14
91 Subsection 102(1)
15
Omit "Council" (second occurring), substitute "Forum".
16
92 Paragraph 102(1)(b)
17
Omit "Council", substitute "Forum".
18
93 Subsection 102(2)
19
Omit "Council", substitute "Forum on Food Regulation".
20
94 Subsection 103(1)
21
Repeal the subsection, substitute:
22
(1) If the Forum on Food Regulation requests the Authority to review
23
the standard or variation, the Forum must inform the Authority of
24
the Forum's concerns with the standard or variation.
25
95 Subsection 103(2)
26
Omit "Council", substitute "Forum on Food Regulation".
27
Schedule 1 Main amendments
Part 1 Amendments commencing day after Royal Assent
16
Food Standards Australia New Zealand Amendment (Forum on Food
Regulation and Other Measures) Bill 2015
No. , 2015
96 Subsection 104(1)
1
Omit "Council" (first occurring), substitute "Forum on Food
2
Regulation".
3
97 Subparagraph 104(1)(b)(ii)
4
Omit "Council", substitute "Forum".
5
98 Subsection 104(3)
6
Omit "Council", substitute "Forum on Food Regulation".
7
99 Section 106 (heading)
8
Repeal the heading, substitute:
9
106 Forum on Food Regulation may revoke or amend standard or
10
variation
11
100 Subsection 106(1)
12
Omit "Council" (first occurring), substitute "Forum on Food
13
Regulation".
14
101 Subsection 106(1)
15
Omit "Council" (second occurring), substitute "Forum".
16
102 Paragraph 106(1)(a)
17
Omit "Council", substitute "Forum".
18
103 Subsection 106(2)
19
Omit "Council" (first occurring), substitute "Forum on Food
20
Regulation".
21
104 Subsection 106(2)
22
Omit "Council" (second occurring), substitute "Forum".
23
105 Paragraph 106(2)(c)
24
Repeal the paragraph, substitute:
25
(c) publish a copy of the notice on the internet.
26
Main amendments Schedule 1
Amendments commencing day after Royal Assent Part 1
No. , 2015
Food Standards Australia New Zealand Amendment (Forum on Food
Regulation and Other Measures) Bill 2015
17
106 After subsection 106(2)
1
Insert:
2
(2A) Upon receiving a copy of the notice, the Authority must give
3
public notice of the Forum on Food Regulation's notice.
4
107 Subsection 106(3)
5
Omit "Council" (first occurring), substitute "Forum on Food
6
Regulation".
7
108 Subsection 106(3)
8
Omit "Council" (second occurring), substitute "Forum".
9
109 Subsection 106(4)
10
Omit "Council", substitute "Forum on Food Regulation".
11
110 Subparagraph 106(4)(b)(ii)
12
Omit "and".
13
111 Subparagraph 106(4)(b)(iii)
14
Repeal the subparagraph.
15
112 Paragraph 106(4)(c)
16
Repeal the paragraph.
17
113 Subsection 109(9)
18
Omit "Council", substitute "Forum on Food Regulation".
19
114 Subsection 109(10)
20
Omit "Council" (first occurring), substitute "Forum on Food
21
Regulation".
22
115 Paragraphs 109(10)(a) and (b)
23
Omit "Council", substitute "Forum".
24
116 Paragraph 110(2)(c)
25
Omit "Council", substitute "Forum on Food Regulation".
26
Schedule 1 Main amendments
Part 1 Amendments commencing day after Royal Assent
18
Food Standards Australia New Zealand Amendment (Forum on Food
Regulation and Other Measures) Bill 2015
No. , 2015
117 Paragraph 110(5)(a)
1
Omit "77", substitute "75".
2
118 Paragraph 110(5)(b)
3
Omit "Council", substitute "Forum on Food Regulation".
4
119 Subsection 112(4)
5
Omit "77", substitute "75".
6
120 Subsections 113(2) and (3)
7
Omit "Council", substitute "Forum on Food Regulation".
8
121 Subsection 113(4)
9
Omit "Council" (first occurring), substitute "Forum on Food
10
Regulation".
11
122 Paragraph 113(4)(b)
12
Omit "Council", substitute "Forum".
13
123 Subsection 113(5)
14
Omit "Council", substitute "Forum on Food Regulation".
15
124 Paragraphs 116(1)(c) and (ca)
16
Omit "Council", substitute "Forum on Food Regulation".
17
125 Subsections 116(1B) and (2)
18
Omit "Council", substitute "Forum on Food Regulation".
19
126 Subsections 118(4) and (5)
20
Omit "Council", substitute "Forum on Food Regulation".
21
127 Subsections 128(3) and (4)
22
Omit "Minister", substitute "Board".
23
128 Subsection 145(1)
24
Omit "(1)".
25
Main amendments Schedule 1
Amendments commencing day after Royal Assent Part 1
No. , 2015
Food Standards Australia New Zealand Amendment (Forum on Food
Regulation and Other Measures) Bill 2015
19
129 Subsection 145(1)
1
Omit "Council", substitute "Forum on Food Regulation".
2
130 After paragraph 152(1)(r)
3
Insert:
4
(ra) the number of draft standards and draft variations approved
5
during the current period under:
6
(i) section 33 or 63; or
7
(ii) section 41 or 69; or
8
(iii) section 52 or 78; or
9
(iv) section 97; and
10
131 Paragraph 152(1)(t)
11
Repeal the paragraph.
12
132 Paragraphs 152(1)(u) and (v)
13
Omit "Council", substitute "Forum on Food Regulation".
14
133 Paragraphs 152(1)(w) and (x)
15
Omit "Council under Division 3", substitute "Forum on Food
16
Regulation under Division 4".
17
134 Application
18
(1)
The amendment made by item 78 of this Schedule applies to a notice
19
given to the Authority on or after the day this item commences, even if
20
the draft standard or draft variation to which the notice relates was
21
prepared before that day.
22
(2)
The amendment made by item 106 of this Schedule applies to a notice
23
given to the Authority on or after the day this item commences, even if
24
the standard or variation to which the notice relates was assessed before
25
that day.
26
(3)
The amendment made by item 127 of this Schedule applies to an
27
appointment made on or after the day this item commences, even if the
28
period of 2 years mentioned in subsection 128(3) of the Food Standards
29
Australia New Zealand Act 1991 began before that day.
30
Schedule 1 Main amendments
Part 2 Other amendments
20
Food Standards Australia New Zealand Amendment (Forum on Food
Regulation and Other Measures) Bill 2015
No. , 2015
Part 2
--Other amendments
1
Food Standards Australia New Zealand Act 1991
2
135 Subsection 4(1) (definition of Forum on Food Regulation)
3
Omit "Australia and New Zealand Food Regulation Ministerial
4
Council", substitute "Australia and New Zealand Ministerial Forum on
5
Food Regulation".
6
136 Part 1A
7
Repeal the Part.
8
Amendments commencing 1 January 2016 Schedule 2
No. , 2015
Food Standards Australia New Zealand Amendment (Forum on Food
Regulation and Other Measures) Bill 2015
21
Schedule 2
--Amendments commencing
1
1 January 2016
2
3
Food Standards Australia New Zealand Act 1991
4
1 Subsection 4(1)
5
Insert:
6
consumer rights member has the meaning given by
7
subsection 116A(1).
8
food industry fields of expertise has the meaning given by
9
subsection 116A(3).
10
food industry member has the meaning given by
11
subsection 116A(1).
12
science and public health fields of expertise has the meaning
13
given by subsection 116A(2).
14
science and public health member has the meaning given by
15
subsection 116A(1).
16
2 Subsections 116(1) to (2)
17
Repeal the subsections, substitute:
18
Constitution of the Board
19
(1) The Board consists of:
20
(a) the Chief Executive Officer; and
21
(b) 11 members the Minister appoints under section 116A.
22
Chief Executive Officer
23
3 Subsections 116(2B) to (5)
24
Repeal the subsections.
25
4 Before subsection 116(7)
26
Insert:
27
Schedule 2 Amendments commencing 1 January 2016
22
Food Standards Australia New Zealand Amendment (Forum on Food
Regulation and Other Measures) Bill 2015
No. , 2015
Other members
1
5 Before subsection 116(9)
2
Insert:
3
Effect of vacancies
4
6 After section 116
5
Insert:
6
116A Members appointed by Minister
7
(1) The Minister may appoint a person as a member mentioned in
8
column 1 of an item of the following table if:
9
(a) the Minister is satisfied that:
10
(i) the person has expertise in one or more of the fields
11
mentioned in column 2 of the item; and
12
(ii) the person is suitably qualified for appointment because
13
of the person's expertise in that field or fields; and
14
(b) the requirements mentioned in column 3 of the item are
15
satisfied; and
16
(c) if the appointment is of a consumer rights member, science
17
and public health member or food industry member--the
18
Minister is satisfied that the person has expertise that is
19
relevant to the Authority's performance of its functions over
20
the period of the appointment, having regard to the forward
21
plan in force under section 20.
22
23
Members appointed by Minister
Item
Column 1
Member
Column 2
Fields of expertise
Column 3
Other requirements
for appointment
1
a Chairperson
(a) any of the science
and public health
fields of
expertise;
(b) any of the food
industry fields of
expertise
The Forum on Food
Regulation agrees to
the appointment.
Amendments commencing 1 January 2016 Schedule 2
No. , 2015
Food Standards Australia New Zealand Amendment (Forum on Food
Regulation and Other Measures) Bill 2015
23
Members appointed by Minister
Item
Column 1
Member
Column 2
Fields of expertise
Column 3
Other requirements
for appointment
2
2 members
nominated by
the New
Zealand lead
Minister on
the Forum for
the purposes
of this item
(a) any of the science
and public health
fields of
expertise;
(b) any of the food
industry fields of
expertise
The Minister has
consulted the Forum
on Food Regulation.
3
one member
nominated by
the New
Zealand lead
Minister on
the Forum for
the purposes
of this item
any of the science
and public health
fields of expertise
The Minister has
consulted the Forum
on Food Regulation.
4
at least one
member (the
consumer
rights
member)
consumer rights and
consumer affairs
policy in Australia
Subsection (4)
applies.
5
at least 2
members (the
science and
public health
members)
any of the science
and public health
fields of expertise
Subsection (4)
applies.
6
at least one
member (the
food industry
member)
any of the food
industry fields of
expertise
Subsection (4)
applies.
(2) The science and public health fields of expertise are the
1
following:
2
(a) public health;
3
(b) consumer affairs;
4
(c) food science;
5
Schedule 2 Amendments commencing 1 January 2016
24
Food Standards Australia New Zealand Amendment (Forum on Food
Regulation and Other Measures) Bill 2015
No. , 2015
(d) food allergy;
1
(e) human nutrition;
2
(f) medical science;
3
(g) microbiology;
4
(h) food safety;
5
(i) biotechnology;
6
(j) veterinary science.
7
(3) The food industry fields of expertise are the following:
8
(a) the food industry;
9
(b) food processing or retailing;
10
(c) primary food production;
11
(d) small business;
12
(e) international trade;
13
(f) government;
14
(g) food regulation.
15
Requirements for appointments--consumer rights members,
16
science and public health members and food industry members
17
(4) For the purposes of item 4, 5 or 6 of the table, this subsection
18
applies if:
19
(a) the person is:
20
(i) nominated by an organisation or public body from
21
which the Minister sought nominations and which was
22
established in Australia or New Zealand for purposes
23
relating to one or more of the fields of expertise to
24
which subparagraph (1)(a)(ii) applies; or
25
(ii) selected in accordance with a competitive selection
26
process that covers Australia and New Zealand; and
27
(b) the Forum on Food Regulation agrees to the appointment.
28
Numbers of appointments
29
(5) The Minister must appoint, under subsection (1), each of the
30
members mentioned in column 1 of the table, such that:
31
(a) the total number of consumer rights members, science and
32
public health members and food industry members is 7; and
33
Amendments commencing 1 January 2016 Schedule 2
No. , 2015
Food Standards Australia New Zealand Amendment (Forum on Food
Regulation and Other Measures) Bill 2015
25
(b) at least one science and public health member is a person
1
who the Minister is satisfied is suitably qualified to be a
2
member because of the person's expertise in one or more
3
fields primarily relating to science; and
4
(c) at least one science and public health member is a person
5
who the Minister is satisfied is suitably qualified to be a
6
member because of the person's expertise in one or more
7
fields primarily relating to public health.
8
7 Section 117 (heading)
9
Repeal the heading, substitute:
10
117 Other provisions relating to appointments
11
8 Saving
--Board appointments
12
A person who, just before the commencement of this item, is a member
13
mentioned in a provision mentioned in column 1 of an item of the
14
following table is treated, from that commencement, as being a member
15
mentioned in the provision mentioned in column 2 of that item.
16
17
Board appointments
Item
Column 1
Provision of the Food Standards
Australia New Zealand Act 1991, as
in force just before the
commencement of this item
Column 2
Item of the table in
subsection 116A(1) of the Food
Standards Australia New Zealand
Act 1991, as amended by this
Schedule
1
Paragraph 116(1)(a)
Item 1
2
Paragraph 116(1)(c)
Item 2
3
Paragraph 116(1)(ca)
Item 3
4
Paragraph 116(1)(d)
Item 4
5
Paragraph 116(1)(e) or (f)
Item 5
6
Paragraph 116(1)(g)
Item 6
9 Transitional
--appointments
18
(1)
A nomination made for the purposes of paragraph 116(1)(ca) of the
19
Food Standards Australia New Zealand Act 1991 within 6 months
20
Schedule 2 Amendments commencing 1 January 2016
26
Food Standards Australia New Zealand Amendment (Forum on Food
Regulation and Other Measures) Bill 2015
No. , 2015
before the commencement of this item is treated, from that
1
commencement, as having been made for the purposes of item 3 of the
2
table in subsection 116A(1) of that Act, as amended by this Schedule.
3
(2)
Agreement given under subsection 116(1B) of the Food Standards
4
Australia New Zealand Act 1991 within 6 months before the
5
commencement of this item is treated, from that commencement, as
6
having been given for the purposes of item 1 of the table in
7
subsection 116A(1) of that Act, as amended by this Schedule.
8
(3)
Consultation undertaken under subsection 116(2) of the Food Standards
9
Australia New Zealand Act 1991 within 6 months before the
10
commencement of this item is treated, from that commencement, as
11
having been undertaken under item 3 of the table in subsection 116A(1)
12
of that Act, as amended by this Schedule.
13