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Food Standards Australia New Zealand Act 1991
Act No. 118 of 1991 as amended
This compilation was prepared on 1 March 2011
taking into account amendments up to Act No. 121 of 2010
The text of any of those amendments not in force
on that date is appended in the Notes section
The operation of amendments that have been incorporated may be affected by application provisions that are set out in the Notes section
Prepared by the Office of Legislative Drafting and Publishing,
AttorneyGenerals Department, Canberra
Contents
Part 1Preliminary
1 Short title [see Note 1] 1
2 Commencement [see Note 1] 1
3 Object of Act 1
4 Interpretation 2
5 Meaning of food 7
6 Declaration of what is food 7
7 How is public notice given? 8
8 When is an exclusive capturable commercial benefit conferred on an applicant?
9 Operation of Act 9
10 Act to bind Crown 9
11 Application of the Criminal Code 10
Part 2The Authority
Division 1Establishment, functions and powers of the Authority 11
12 Establishment of Authority 11
13 Functions 11
14 Powers 13
15 Minister may give directions 14
Division 2Food regulatory measures 15
16 Matters that may be included in standards and variations of standards 15
17 Codes of practice 17
18 Objectives of the Authority in developing or reviewing food regulatory measures and variations of food regulatory measures 17
19 Notices to be given to the Gene Technology Regulator 18
Division 3Forward planning 19
20 Authority to develop three year plan 19
Part 3Food regulatory measures
Division 1Applications for the development or variation of food regulatory measures 20
Subdivision AOverview 20
21 Steps in the consideration of an application 20
Subdivision BApplications 21
22 Applications 21
23 Application guidelines 22
24 Withdrawal of applications 23
Subdivision CProcedures for considering applications 23
25 Which procedure is appropriate? 23
Subdivision DGeneral procedure 24
26 Accepting an application 24
27 Notice of acceptance 25
28 Public notice of the application 25
29 Assessing the application 27
30 Preparing a draft variation 27
31 Calling for submissions 28
32 Alternative steps to be followed 28
33 Approving the draft standard or draft variation 28
34 Notifying the Council 29
35 Alternative to steps set out in sections 33 and 34approving the draft code of practice or draft variation 30
Subdivision EModification of general procedure for minor variations 31
36 Application of Subdivision 31
37 Adopt the general procedure with the modifications set out in this Subdivision 31
38 Modification of step set out in section 29 31
39 Modification of step set out in section 30 32
40 Modification of step set out in section 31 32
41 Modification of steps set out in sections 32, 33, 34 and 35 32
Subdivision FModification of general procedure for developing new food regulatory measures and major variations 34
42 Application of Subdivision 34
43 Adopt the general procedure with the modifications set out in this Subdivision 34
44 Additional step after step set out in section 29 34
45 Matters to which Authority must have regard in making a decision under section 30 35
Subdivision GProcedure for certain variations of the Nutrition, Health and Related Claims Standard 35
46 Application of Subdivision 35
47 Accepting the application 35
48 Notice of acceptance 36
49 Notice of the application to expert committee and Food Regulation Standing Committee 37
50 Considering the application 38
51 Calling for submissions 39
52 Approving the draft variation in relation to high level health claims 40
53 Notifying the Council 41
Division 2Proposals for the development or variation of food regulatory measures 42
Subdivision AOverview 42
54 Steps in the consideration of a proposal 42
Subdivision BProposals 43
55 Proposals 43
56 Abandonment of proposals 44
Subdivision CProcedures for considering proposals 44
57 Which procedure is appropriate? 44
Subdivision DGeneral procedure 44
58 Public notice of a proposal 44
59 Assessing a proposal 45
60 Preparing a draft food regulatory measure or draft variation 45
61 Calling for submissions 45
62 Alternative steps to be followed 46
63 Approving the draft standard or draft variation 46
64 Notifying the Council 47
65 Alternative to steps set out in sections 63 and 64approving the draft code of practice or draft variation 48
Subdivision EModification of general procedure for minor variations 49
66 Application of Subdivision 49
67 Adopt the general procedure with the modifications set out in this Subdivision 49
68 Modification of step set out in section 61 49
69 Modification of steps set out in sections 62, 63, 64 and 65 50
Subdivision FModification of general procedure for developing new food regulatory measures and major variations 51
70 Application of Subdivision 51
71 Adopt the general procedure with the modifications set out in this Subdivision 51
72 Additional step after step set out in section 59 52
73 Matters to which Authority must have regard in making a decision under section 60 52
Subdivision GProcedure for certain variations of the Nutrition, Health and Related Claims Standard 52
74 Application of Subdivision 52
75 Notice of the proposal 52
76 Considering the proposal 53
77 Calling for submissions 54
78 Approving the draft variation in relation to high level health claims 54
79 Notifying the Council 55
Division 2AVariations by APVMA of the Maximum Residue Limits Standard 56
80 Application of Division 56
81 Authority to give notice of APVMA notification 56
82 APVMA may vary the Maximum Residue Limits Standard 56
83 No limit on the Authoritys power to vary the Maximum Residue Limits Standard 58
Division 3Council review of draft standards and draft variations of standards 59
84 Council may request a review 59
85 Review not requested 59
86 Review requested 59
87 Authority to respond to request 60
88 Council may amend or reject draft after review 60
89 Council does not intend to amend or reject the draft 61
90 Council amends the draft 61
91 Council rejects the draft 61
92 Publication requirements 61
93 When a standard or variation takes effect 62
94 Standards are legislative instruments, but not subject to disallowance or sunsetting 62
Division 4Urgent applications and proposals 63
Subdivision AUrgent consideration of applications and proposals 63
95 Declaration of urgency 63
96 Preparation of draft standard or variation 64
97 Approval and publication of standard or variation 65
Subdivision BAssessing the resulting standard or variation 66
98 Application 66
99 Assessing the standard or variation 66
100 Calling for submissions 67
101 Reaffirm the standard or variation or propose changes 67
102 Council may request Authority to review 68
103 Review requested 69
104 Authority to respond to request 69
106 Council may revoke or amend standard or variation 70
Division 5General rules for considering applications and proposals 72
107 General conduct in considering an application or proposal 72
108 Authority may require further information 72
109 Period within which consideration of applications for standards or variations must be completed 73
110 Rejecting an application or abandoning a proposal 75
111 Public hearings 77
112 Authority may rely on work or processes of other government agencies 77
Division 6Other matters 79
113 Review of food regulatory measures 79
114 Confidential commercial information 79
Part 4The Board, the Chief Executive Officer and the Authoritys staff
Division 1The Board 83
115 Board 83
116 Constitution of Board 83
117 Appointment of members 87
118 Committees 88
119 Remuneration and allowances 89
120 Leave of absence of members 90
121 Acting appointments 90
122 Meetings 91
123 Conduct of meetings 91
124 Resolutions without formal meetings 92
125 Disclosure of interests 92
126 Resignation 92
127 Termination of appointment 92
Division 2The Chief Executive Officer 94
128 Appointment 94
129 Duties 94
130 Delegation 95
131 Remuneration and allowances 95
132 Resignation 95
133 Other terms and conditions 95
134 Acting Chief Executive Officer 96
Division 3Staff, consultants and assistance from other agencies 97
135 Staff of Authority 97
136 Consultants 97
137 Arrangements with Commonwealth Departments etc 97
Part 5Finance 99
138 Money to be appropriated 99
139 Money of Authority 99
140 Taxation 99
141 Trust money 100
Part 6Miscellaneous 101
142 Documents and samples become Commonwealth property 101
143 Review of decisions 101
144 Statement accompanying notification of decisions 102
145 Fees for services provided to New Zealand 103
146 Charges relating to the Authoritys costs 103
147 Chargelate payment penalty 104
148 Chargediscount for early payment 104
149 Charge and late payment penaltyremissions and refunds 104
150 Delegation by Board 104
151 Exemption from suit 106
152 Annual report 106
153 Regulations 110
Notes 111
111具体内容请详?nbsp;
新澳食品标准法Food Standards Australia New Zealand Act 1991 C2011C00117.pdf
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