Commonwealth Consolidated Acts

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FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991 - SECT 97

Approval and publication of standard or variation

Approval

             (1)  After considering a draft standard, or a draft variation of a standard, prepared under section 96, the Authority must:

                     (a)  approve the draft; or

                     (b)  approve the draft subject to such amendments as the Authority considers necessary; or

                     (c)  abandon the draft.

Note:          The Board must not delegate its powers to act on behalf of the Authority under this subsection--see section 150.

             (2)  In doing so, the Authority must have regard to all submissions made by interested persons and appropriate government agencies during the submission period.

             (3)  To avoid doubt, the draft does not take effect except in accordance with a notice under subsection (4).

             (4)  If the Authority approves a draft standard or a draft variation of a standard under this section (with or without amendments), the Authority must give public notice of the approval, together with information about where further information about the draft standard or draft variation may be obtained.

When a standard or variation takes effect

             (5)  The standard, or the variation of the standard, takes effect on the day specified in the notice given under subsection (4).

Standards and variations are legislative instruments

             (6)  The standard, or the variation of the standard, in relation to which notice is published under subsection (4), is a legislative instrument.

Note 1:       Section 42 (disallowance) of the Legislation Act 2003 does not apply to the standard or variation: see subsection 44(1) of that Act.

Note 2:       Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the standard or variation: see subsection 54(1) of that Act.



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