Commonwealth Consolidated Acts

FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991 - SECT 49

  (1)   If the Authority accepts the application, the Authority must also give notice of the matters mentioned in subsection   ( 2) to:

  (a)   the High Level Health Claims Committee established for the purpose of making recommendations on the application, or applications of that kind; and

  (b)   the Food Regulation Standing Committee.

Content of notice

  (2)   The notice must:

  (a)   state that the Authority has received an application for a high level health claims variation; and

  (b)   state the date on which the application was received by the Authority; and

  (c)   state the name of the applicant; and

  (d)   give a summary of the application; and

  (e)   state that the Authority has accepted the application; and

  (f)   identify the procedure that the Authority will adopt in considering the application; and

  (g)   indicate when the Authority proposes to undertake the key steps in that procedure.

Period within which notice must be given

  (3)   The notice must be given:

  (a)   if the applicant pays a charge, or the first instalment of a charge, mentioned in subparagraph   48(1)(b)(i) within the period mentioned in that subparagraph--within 5 business days after that payment; or

  (b)   if the applicant pays a charge mentioned in paragraph   48(1)(c) within 20 business days after notice is given to the applicant under section   48 (the early payment period )--within 5 business days after that payment; or

  (c)   in any other case--within 25 business days after notice is given to the applicant under section   48.

Exclusive capturable commercial benefit--fee not paid

  (4)   If an applicant:

  (a)   who applies for a high level health claims variation; and

  (b)   on whom an exclusive capturable commercial benefit would be conferred if the standard were made or varied in the manner sought in the application;

does not pay the charge, or the first instalment of the charge, mentioned in subparagraph   48(1)(b)(i) within the period mentioned in that subparagraph:

  (c)   the Authority must reject the application; and

  (d)   the Authority need not give notice under this section.

Fee to expedite consideration paid after early payment period

  (5)   If an applicant pays a charge, or the first instalment of a charge, mentioned in paragraph   48(1)(c) after the end of the early payment period, the Authority must, within 5 business days after that payment, again give public notice of the matters mentioned in subsection   ( 2), including an update on when the Authority now proposes to undertake the key steps in the procedure.