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FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991 - SECT 33

Approving the draft standard or draft variation

  (1)   After the submission period, the Authority must:

  (a)   do one of the following:

  (i)   approve the draft standard or draft variation;

  (ii)   approve the draft standard or draft variation subject to such amendments as the Authority considers necessary;

  (iii)   reject the draft standard or draft variation; and

  (b)   prepare a report under this section.

Note 1:   The Board must not delegate its powers to act on behalf of the Authority under paragraph   ( a)--see section   150.

Note 2:   The draft does not take effect except in accordance with a notice under section   92--see section   93.

  (2)   The Authority must have regard to all submissions made during the submission period in making a decision under subsection   ( 1).

  (3)   The report must include each of the following:

  (a)   the reasons for initially accepting the application;

  (b)   a summary of the results of the Authority's assessment of the application;

  (c)   a summary of the submissions received by the Authority in relation to the draft standard or draft variation;

  (d)   the Authority's response to the issues raised in those submissions;

  (e)   whether the draft standard or draft variation was amended after submissions were made and, if so, the reasons for those amendments;

  (f)   the Authority's reasons for approving or rejecting the draft standard or draft variation;

  (g)   a copy of the draft standard or draft variation on which submissions were received;

  (h)   if the draft standard or draft variation was amended after submissions were made--a copy of the draft standard or draft variation as amended;

  (i)   if applicable--a Regulation Impact Statement.


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