is a body corporate with perpetual succession; and

must have a seal; and

may sue and be sued in its corporate name.

in accordance with this Act, to develop standards and variations of standards, and to review standards and variations of standards; and

in accordance with this Act, to develop codes of practice and variations of codes of practice for industry and to review codes of practice; and

to develop guidelines to assist the interpretation of the Australia New Zealand Food Standards Code on its own initiative or in consultation with the States, the Territories and any other body or person that the Authority considers appropriate; and

to promote consistency between standards in and with those used internationally, based on the best available scientific evidence; and

in consultation with the States and Territories, or on its own initiative, to facilitate the harmonisation of State and Territory laws relating to food; and

in consultation with the States and Territories, or on its own initiative, to co-ordinate the development of procedures required to implement requirements set out in standards; and

in consultation with the States and Territories, to co-ordinate the monitoring, surveillance and enforcement of activities relating to food available in ; and

in consultation with the States and Territories, or on its own initiative, to conduct research and surveys in relation to any of the matters that may be included in a standard; and

in co-operation with the States and Territories, to develop food education initiatives, including the publication of information to increase public awareness of food standards and food labels; and

to provide information, on request by a member of the public, about the Australia New Zealand Food Standards Code; and

(j) in co-operation with the Department administered by the Minister administering Competition and Consumer Act 2010, as that Part applies as a law of the Commonwealth, to co-ordinate the recall of food under that Part; andPart 3-3 of Schedule 2 to the

at the request of the States and Territories, to co-ordinate action by the States and Territories to recall food under State and Territory laws; and

to develop assessment policies in relation to food imported into ; and

to provide advice to the Minister on matters relating to food; and

to participate in international, regional and bilateral negotiations on matters that may be included in standards; and

to make the Authority’s knowledge, expertise, equipment, facilities and intellectual property available to other persons on a commercial basis; and

at the request of New Zealand, to perform functions for New Zealand similar to the functions that the Authority may perform in relation to the States and Territories; and

at the request of , to perform functions for similar to the other functions that the Authority may perform; and

such other functions as are conferred on the Authority by this Act; and

any functions incidental to any of the foregoing functions.

can only be exercised:

for a purpose for which the Parliament has power to make laws; or

to utilise the Authority’s spare capacity; and

does not authorise the Authority to do something that would impede the Authority’s capacity to perform its other functions.

enter into contracts; and

acquire, hold and dispose of real or personal property; and

occupy, use and control any land or building owned, or held under lease, by the Commonwealth and made available for the purposes of the Authority; and

engage persons to perform services for the Authority; and

provide assistance to bodies or persons to prepare submissions:

relating to the development or consideration of draft food regulatory measures or draft variations of food regulatory measures; or

relating to the performance of any other function of the Authority;

if the Authority determines that such assistance will advance the development or consideration of that draft or the performance of that other function; and

accept gifts, grants, bequests and advances made to the Authority (whether on trust or otherwise) and act as trustee of money or other property vested in the Authority on trust; and

form, or participate in the formation of, companies; and

subscribe for or purchase shares in, or debentures and other securities of, companies; and

participate in partnerships, trusts and unincorporated joint ventures; and

do anything incidental to any of its powers.

a copy of a direction given under subsection (1); and

a written statement of the reasons for giving the direction;

to be laid before each House of the Parliament within 15 sitting days of that House after the direction is given.

the composition of food, including:

the maximum amounts of contaminants or residues that may be present in the food; and

the maximum or minimum amounts of additives that must or may be present in the food; and

its microbiological status and safety; and

the method of sampling and testing the food to determine its composition;

the production of food;

the handling of food;

the prohibition of the sale of food:

either in all circumstances or in specified circumstances; and

either unconditionally or subject to specified conditions;

any information about food including labelling, promotion and advertising;

the knowledge, skill, health and hygiene requirements for people handling food;

the responsibilities of businesses that are handling food relating to any hygiene requirements in force under paragraph (e) for people involved in the business who are handling food;

the responsibilities of businesses that are handling food to ensure that information in connection with hygiene requirements in force under paragraph (e) that is provided by individuals involved in the business and who are handling food remains confidential except in specified circumstances;

the use of devices of a particular standard to measure the temperature of food;

the design, construction, maintenance and cleanliness of:

premises (including fittings and fixtures) at which food is handled; or

equipment (including single use items) used to handle food; or

vehicles used to transport food;

the information that a business that handles food may be required to give about the business to State or Territory authorities;

restrictions on the premises at which, and the persons by whom, particular food may be sold or otherwise supplied;

restrictions on the publications that may contain advertisements for particular food;

requirements relating to animals and pests at premises in which food is handled, or in vehicles in which food is transported;

the interpretation of other standards;

the application of standards;

such other public health matters relating to food as are prescribed.

a class of food generally; or

a particular brand of food.

the protection of public health and safety; and

the provision of adequate information relating to food to enable consumers to make informed choices; and

the prevention of misleading or deceptive conduct.

the need for standards to be based on risk analysis using the best available scientific evidence;

the promotion of consistency between domestic and international food standards;

the desirability of an efficient and internationally competitive food industry;

the promotion of fair trading in food;

any written policy guidelines formulated by the Forum on Food Regulation for the purposes of this paragraph and notified to the Authority.

to protect animal or plant life or health from risks arising from the entry, establishment or spread of pests, diseases, disease-carrying organisms or disease-causing organisms; or

to protect human or animal life or health from risks arising from additives, contaminants, toxins or disease-causing organisms in foods, beverages or feedstuffs; or

to protect human life or health from risks arising from diseases carried by animals, plants or products thereof, or from the entry, establishment or spread of pests; or

to prevent or limit other damage from the entry, establishment or spread of pests;

and includes:

any relevant law, decree, regulation, requirement or procedure, including end product criteria; and

processes and production methods; and

testing, inspection, certification and approval procedures; and

quarantine treatments including relevant requirements associated with the transport of animals or plants, or with the materials necessary for their survival during transport; and

provisions on relevant statistical methods, sampling procedures and methods of risk assessment; and

packaging and labelling requirements directly related to food safety.

be in writing; and

if the form in which the application is to be made is specified in guidelines made under section 23—be in the form specified; and

include all of the information that, under guidelines made under section 23, is to be included with the application; and

include each thing that, under guidelines made under section 23, is to be included with the application; and

identify the procedure that, in the applicant’s view, applies to the consideration of the application.

specifying the form in which applications for the development of a food regulatory measure, or the variation of a food regulatory measure, are to be made; and

specifying the information, or the kinds of information, to be included with such applications; and

specifying any thing, or kind of thing, to be included with such applications.

would enable the Authority to assess the application and develop the relevant food regulatory measure, or the relevant variation of a food regulatory measure; or

would enable the Authority to determine whether a charge under section 146 is payable to the Authority in relation to the application.

the Authority approves a draft food regulatory measure, or a draft variation of a food regulatory measure, as a result of the application; or

the Authority notifies the applicant that the Authority has rejected the application.

the application is one to which Subdivision E applies (application for a minor variation of a food regulatory measure); or

the application is one to which Subdivision F applies (application for the development of a new food regulatory measure or a major variation of a food regulatory measure); or

the application is one to which Subdivision G applies (application for a high level health claims variation); or

the application is declared to be an urgent application for the purposes of this Part under section 95.

Where an application for a high level health claims variation is included in an application for a variation of another kind

accept the application; or

reject the application.

whether the application complies with subsection 22(2);

whether the application relates to a matter that may be developed as a food regulatory measure, or that warrants the variation of a food regulatory measure;

whether the application is so similar to a previous application or proposal for the development or variation of a food regulatory measure that it ought to be rejected;

any other relevant matter.

state that the Authority has received an application for the development of a food regulatory measure or the variation of a food regulatory measure, as the case requires; and

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

state the name of the applicant; and

give a summary of the application; and

state that the Authority has accepted the application; and

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

indicate when the Authority proposes to undertake the key steps in that procedure; and

state how to obtain further information about the application.

Period within which notice must be given

if the applicant pays a charge, or the first instalment of a charge, mentioned in subparagraph 27(c)(i) within the period mentioned in that paragraph—within 5 business days after that payment; or

(b) if the applicant pays a charge, or the first instalment of a charge, mentioned in paragraph 27(d) within 20 business days after notice is given to the applicant under early payment period)—within 5 business days after that payment; orsection 27 (the

in any other case—within 25 business days after notice is given to the applicant under section 27.

Exclusive capturable commercial benefit—fee not paid

who applies for the development or variation of a standard; and

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 27(c)(i) within the period mentioned in that subparagraph:

the Authority must reject the application; and

the Authority need not give notice under this section.

Fee to expedite consideration paid after early payment period

whether costs that would arise from a food regulatory measure developed or varied as a result of the application outweigh the direct and indirect benefits to the community, Government or industry that would arise from the development or variation of the food regulatory measure;

whether other measures (available to the Authority or not) would be more cost-effective than a food regulatory measure developed or varied as a result of the application;

any relevant standards;

any other relevant matters.

prepare in writing a draft food regulatory measure or a draft variation of a food regulatory measure; or

reject the application.

the Authority prepares a draft food regulatory measure or a draft variation of a food regulatory measure as a result of an application; and

the draft measure or draft variation differs from that sought in the application, or was not sought in the application at all;

the Authority must give the applicant notice in writing of that fact and state in the notice that the Authority will call for submissions for the purpose of assessing the draft measure or draft variation.

state that the Authority has prepared a draft food regulatory measure or a draft variation of a food regulatory measure, as the case requires; and

include:

a copy of the draft food regulatory measure or draft variation; and

a summary of the results of the Authority’s assessment of the application;

or state how a copy of those documents can be obtained; and

(c) call for written submissions, for the purpose of the Authority’s consideration of the draft measure or draft variation, to be given to the Authority within the period specified in the notice (the submission period).

do one of the following:

approve the draft standard or draft variation;

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

reject the draft standard or draft variation; and

prepare a report under this section.

the reasons for initially accepting the application;

a summary of the results of the Authority’s assessment of the application;

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

the Authority’s response to the issues raised in those submissions;

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

the Authority’s reasons for approving or rejecting the draft standard or draft variation;

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

if the draft standard or draft variation was amended after submissions were made—a copy of the draft standard or draft variation as amended;

if applicable—a Regulation Impact Statement.

give the Forum on Food Regulation:

a written notification of the approval; and

a copy of the report prepared by the Authority under section 33; and

give public notice of the approval, together with information about where further information about the draft standard or draft variation may be obtained; and

publish a notice on the Authority’s website that states:

that the draft standard or draft variation has been approved; and

that the Forum has been notified that the draft standard or draft variation has been approved; and

that the Forum may request the Authority to review the draft standard or draft variation under Division 3; and

where further information about the draft standard or draft variation may be obtained.

approve the draft code of practice or draft variation; or

reject the draft code of practice or draft variation.

revoke the other code of practice (if it would be wholly superseded); or

vary the other code of practice (if it would be partly superseded).

specify the date of effect of the decision; and

state how to obtain further information about the decision and the reasons for it.

stating that the Authority has prepared a draft variation of a food regulatory measure; and

including:

a copy of the draft variation; and

a summary of the results of the Authority’s assessment of the application;

or stating how a copy of those documents can be obtained; and

(c) calling for written submissions, for the purpose of the Authority’s consideration of the draft variation, to be made to the Authority within the period specified in the notice (the submission period).

do one of the following:

approve the draft variation;

approve the draft variation subject to such amendments as the Authority considers necessary;

reject the draft variation; and

prepare a report under this section.

the reasons for initially accepting the application;

a summary of the results of the Authority’s assessment of the application;

the Authority’s reasons for approving or rejecting the draft variation;

a copy of the draft variation.

give the Forum on Food Regulation:

a written notification of the approval; and

a copy of the report prepared by the Authority under this section; and

give public notice of the approval, together with information about where further information about the draft variation may be obtained; and

publish a notice on the Authority’s website that states:

that the draft variation has been approved; and

that the Forum has been notified that the draft variation has been approved; and

that the Forum may request the Authority to review the draft variation under Division 3; and

where further information about the draft variation may be obtained.

state that the Authority has assessed the application; and

include a summary of the results of the Authority’s assessment of the application, or state how a copy of the summary can be obtained; and

(c) call for written submissions on matters relevant to the application to be given to the Authority within the period specified in the notice (the submission period).

accept the application; or

reject the application.

whether the application complies with subsection 22(2);

whether the application is so similar to a previous application or proposal for a high level health claims variation that it ought to be rejected;

any other relevant matter.

that the application has been accepted; and

in the case of an applicant who has applied for the variation of a standard and on whom an exclusive capturable commercial benefit would be conferred if the standard were made or varied in the manner sought in the application:

that the applicant must pay the charge under section 146 in relation to the application or, if the charge is payable in instalments, the first instalment of the charge, within 20 business days after the notification is given; and

that the application will be rejected if the charge, or the first instalment of the charge, is not paid within that period; and

in any other case—that the applicant may, if the applicant elects to have the consideration of the application expedited, pay the charge under section 146 in relation to the application or, if the charge is payable in instalments, the first instalment of the charge.

identifying the procedure that the Authority will adopt in considering the application; and

indicating when the Authority proposes to undertake the key steps in the procedure;

within:

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

(d) if the applicant pays a charge, or the first instalment of a charge, mentioned in paragraph (1)(c), within 20 business days after notice is given to the applicant under subsection (1) (the early payment period)—5 business days after that payment; or

in any other case—within 25 business days after notice is given to the applicant under subsection (1).

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

the Food Regulation Standing Committee.

Content of notice

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

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

state the name of the applicant; and

give a summary of the application; and

state that the Authority has accepted the application; and

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

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

Period within which notice must be given

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 early payment period)—within 5 business days after that payment; orsection 48 (the

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

who applies for a high level health claims variation; and

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:

the Authority must reject the application; and

the Authority need not give notice under this section.

Fee to expedite consideration paid after early payment period

be satisfied that the approval of the draft variation will meet the following objectives:

the protection of public health and safety;

the provision of adequate information relating to food to enable consumers to make informed choices;

the prevention of misleading or deceptive conduct; and

take into account any recommendations made by the High Level Health Claims Committee in relation to the draft variation or the application that resulted in the draft variation; and

take into account any submission made on behalf of a jurisdiction represented on the Food Regulation Standing Committee in relation to the draft variation or the application that resulted in the draft variation; and

if the applicant has elected that the Authority give public notice under section 51 calling for submissions, consider all submissions made during the submission period.

the Authority prepares a draft high level health claims variation; and

the draft variation differs from that sought in the application as a result of which it was prepared, or was not sought in the application at all;

the Authority must give the applicant notice in writing of that fact and, if the applicant has elected that the Authority give public notice calling for submissions under section 51, state in the notice that the Authority will call for submissions for the purpose of assessing the draft variation.

state that the Authority has prepared a draft high level health claims variation; and

include a copy of the draft variation, or state how a copy of the draft variation can be obtained; and

(c) call for written submissions, for the purpose of the Authority’s consideration of the draft variation, to be given to the Authority within the period specified in the notice (the submission period).

do one of the following:

approve the draft high level health claims variation;

reject the draft high level health claims variation; and

prepare a report under this section.

the reasons for initially accepting the application;

a summary of the recommendations (if any) of the High Level Health Claims Committee in relation to the application and each draft variation that resulted from the application;

a summary of the submissions (if any) made by members of the Food Regulation Standing Committee in relation to the application and each draft variation that resulted from the application;

a summary of the submissions (if any) received by the Authority within the submission period in response to a notice under section 51, if such notice was given;

the Authority’s response to the issues raised in those submissions;

the Authority’s reasons for approving the draft variation or rejecting the application.

give the Forum on Food Regulation:

a written notification of the approval; and

a copy of the report prepared by the Authority under section 52; and

if submissions were called for under section 51—give public notice of the decision.

if the proposal results, or would result, in the development or variation of a standard—the draft standard or draft variation is approved; or

if the proposal results, or would result, in the development or variation of a code of practice—the draft code of practice or draft variation is approved.

state that the Authority has decided to abandon the proposal; and

state how to obtain further information about the decision and the reasons for it.

Subdivision C—Procedures for considering proposals

state that the Authority has prepared a proposal for the development or variation of a food regulatory measure, as the case requires; and

state the date on which the proposal was made; and

give a summary of the proposal; and

identify the procedure that the Authority will adopt in considering the proposal; and

indicate when the Authority proposes to undertake the key steps in that procedure; and

state how to obtain further information about the proposal.

whether costs that would arise from a food regulatory measure developed or varied as a result of the proposal outweigh the direct and indirect benefits to the community, Government or industry that would arise from the development or variation of the food regulatory measure;

whether other measures (available to the Authority or not) would be more cost-effective than a food regulatory measure developed or varied as a result of the proposal;

any relevant standards;

any other relevant matters.

state that the Authority has prepared a draft food regulatory measure or a draft variation of a food regulatory measure, as the case requires; and

include:

a copy of the draft food regulatory measure or draft variation; and

a summary of the results of the Authority’s assessment of the proposal;

or state how a copy of those documents can be obtained; and

(c) call for written submissions, for the purpose of the Authority’s consideration of the draft measure or draft variation, to be given to the Authority within the period specified in the notice (the submission period).

do one of the following:

approve the draft standard or draft variation;

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

reject the draft standard or draft variation; and

prepare a report under this section.

the reasons for initially preparing the proposal;

a summary of the results of the Authority’s assessment of the proposal;

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

the Authority’s response to the issues raised in those submissions;

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

the Authority’s reasons for approving or rejecting the draft standard or draft variation;

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

if the draft standard or draft variation was amended after submissions were made—a copy of the draft standard or draft variation as amended;

if applicable—a Regulation Impact Statement.

give the Forum on Food Regulation:

a written notification of the approval; and

a copy of the report prepared by the Authority under section 63; and

give public notice of the approval, together with information about where further information about the draft standard or draft variation may be obtained; and

publish a notice on the Authority’s website that states:

that the draft standard or draft variation has been approved; and

that the Forum has been notified that the draft standard or draft variation has been approved; and

that the Forum may request the Authority to review the draft standard or draft variation under Division 3; and

where further information about the draft standard or draft variation may be obtained.

approve the draft code of practice or draft variation; or

reject the draft code of practice or draft variation.

revoke the other code of practice (if it would be wholly superseded); or

vary the other code of practice (if it would be partly superseded).

specify the date of effect of the decision; and

state how to obtain further information about the decision and the reasons for it.

stating that the Authority has prepared a draft variation of a food regulatory measure; and

including:

a copy of the draft variation; and

a summary of the results of the Authority’s assessment of the proposal;

or stating how a copy of those documents can be obtained; and

(c) calling for written submissions, for the purpose of the Authority’s consideration of the draft variation, to be made to the Authority within the period specified in the notice (the submission period).

do one of the following:

approve the draft variation;

approve the draft variation subject to such amendments as the Authority considers necessary;

reject the draft variation; and

prepare a report under this section.

the reasons for initially preparing the proposal;

a summary of the results of the Authority’s assessment of the proposal;

the Authority’s reasons for approving or rejecting the draft variation;

a copy of the draft variation.

give the Forum on Food Regulation:

a written notification of the approval; and

a copy of the report prepared by the Authority under this section; and

give public notice of the approval, together with information about where further information about the draft variation may be obtained; and

publish a notice on the Authority’s website that states:

that the draft variation has been approved; and

that the Forum has been notified that the draft variation has been approved; and

that the Forum may request the Authority to review the draft variation under Division 3; and

where further information about the draft variation may be obtained.

state that the Authority has assessed the proposal; and

include a summary of the results of the Authority’s assessment of the proposal, or state how a copy of the summary can be obtained; and

(c) call for written submissions on matters relevant to the proposal to be given to the Authority within the period specified in the notice (the submission period).

the High Level Health Claims Committee established for the purpose of making recommendations on the proposal, or proposals of that kind; and

the Food Regulation Standing Committee.

state that the Authority proposes to make a high level health claims variation; and

give a summary of the proposal; and

identify the procedure that the Authority will adopt in considering the proposal; and

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

be satisfied that the approval of the draft variation will meet the following objectives:

the protection of public health and safety;

the provision of adequate information relating to food to enable consumers to make informed choices;

the prevention of misleading or deceptive conduct; and

take into account any recommendations made by the High Level Health Claims Committee in relation to the draft variation or the proposal that resulted in the draft variation; and

take into account any submission made on behalf of a jurisdiction represented on the Food Regulation Standing Committee in relation to the draft variation or the proposal that resulted in the draft variation; and

consider all submissions made during the submission period.

state that the Authority has prepared a draft high level health claims variation; and

include a copy of the draft variation, or state how a copy of the draft variation can be obtained; and

(c) call for written submissions, for the purpose of the Authority’s consideration of the draft variation, to be given to the Authority within the period specified in the notice (the submission period).

do one of the following:

approve a draft high level health claims variation;

abandon the proposal to vary the list; and

prepare a report under this section.

the reasons for initially preparing the proposal;

a summary of the recommendations (if any) of the High Level Health Claims Committee in relation to the proposal and each draft variation that resulted from the proposal;

a summary of the submissions (if any) made by members of the Food Regulation Standing Committee in relation to the proposal and each draft variation that resulted from the proposal;

a summary of the submissions (if any) received by the Authority within the submission period in response to a notice under section 77;

the Authority’s response to the issues raised in those recommendations and submissions;

the Authority’s reasons for approving the draft variation or abandoning the proposal.

give the Forum on Food Regulation:

a written notification of the approval; and

a copy of the report prepared by the Authority under section 78; and

give public notice of the decision.

that the Authority has been notified under section 8E of the Agvet Code of an application or variation;

the particulars referred to in subparagraph 8E(2)(b)(i) of the Agvet Code that were set out in the notice under section 8E of the Agvet Code;

any other matters that the Authority thinks appropriate.

prepare a dietary exposure assessment of the proposed variation and give a copy of the assessment to the APVMA and the Forum on Food Regulation; or

if, with the Authority’s agreement, a dietary exposure assessment of the proposed variation is prepared by another person or body:

review the assessment and prepare comments on the assessment (including comments relating to the dietary exposure risk of the proposed variation); and

give a copy of the assessment to the Forum and, if the assessment is not prepared by the APVMA, give a copy of the assessment to the APVMA; and

give a copy of the comments on the assessment to the APVMA and the Forum.

if paragraph (4)(a) applies—consider the assessment; or

if paragraph (4)(b) applies—consider the assessment and the comments on the assessment referred to in that paragraph.

APVMA to give the Authority a copy of the variation

request the Authority to review the draft; or

inform the Authority that the Forum does not intend to request the Authority to review the draft.

the Food Regulation Agreement; and

the Australia New Zealand Joint Food Standards Agreement.

a review is to be conducted, subject to any directions given under subsection 86(2), in such manner as the Authority considers appropriate; and

the Authority must complete the review, and make a decision under subsection (2):

within 3 months after the request was made; or

if the Forum allows a longer period—within that longer period.

decide to re-affirm its approval of the draft; or

decide to re-affirm its approval of the draft, subject to such amendments as the Authority considers necessary; or

decide to withdraw its approval of the draft.

written notice of the terms of the Authority’s decision; and

the Authority’s reasons for making that decision.

inform the Authority that the Forum does not intend to amend or reject the draft; or

by written instrument, amend the draft; or

reject the draft.

prepare a notice setting out that decision and reasons for that decision; and

give the Authority a copy of the notice; and

publish a copy of the notice on the internet.

declare in writing that a specified application made under section 22 is an urgent application for the purposes of this Part; or

declare in writing that a specified proposal prepared under section 55 is an urgent proposal for the purposes of this Part;

if:

the application or proposal relates to the development or variation of a standard; and

the Authority considers that it is appropriate to do so in order to protect public health and safety.

declare in writing that a specified application made under section 22 is an urgent application for the purposes of this Part; or

declare in writing that a specified proposal prepared under section 55 is an urgent proposal for the purposes of this Part;

if:

the application or proposal relates to the variation of a standard; and

the standard has had or, if not varied in the manner sought in the application or proposal, will have, a negative impact on trade that was not envisaged when the standard was made; and

the Authority considers that the variation of the standard will meet the following objectives:

the protection of public health and safety;

the provision of adequate information relating to food to enable consumers to make informed choices;

the prevention of misleading or deceptive conduct.

each appropriate government agency; and

the Forum on Food Regulation; and

if the declaration relates to an application—the applicant.

Subdivisions C to G of Division 1 of this Part;

Subdivisions C to G of Division 2 of this Part;

Division 3 of this Part.

prepare in writing a draft standard or a draft variation of a standard; or

reject the application.

prepare in writing a draft standard or a draft variation of a standard; or

abandon the proposal.

state that the Authority has prepared a draft standard, or a draft variation of a standard, as the case requires; and

include a copy of the draft standard or draft variation; and

(c) call for written submissions from interested persons and appropriate government agencies, for the purposes of the Authority’s consideration of the draft standard, or draft variation, to be given to the Authority within the period specified in the notice (the submission period).

approve the draft; or

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

abandon the draft.

whether costs that have arisen, or will arise, from the standard or variation outweigh the direct and indirect benefits to the community, Government or industry that have arisen, or will arise, from the standard or variation;

whether other measures (available to the Authority or not) would be more cost-effective than the standard or variation;

all relevant standards;

any other relevant matters.

identify the standard or variation; and

include a copy of the standard or variation, or state how a copy of the standard or variation can be obtained; and

(c) call for written submissions, for the purpose of making a decision under subsection 101(1), to be given to the Authority within the period specified in the notice (the submission period).

re-affirm its decision to approve the standard or variation; or

prepare a proposal under section 55 for the development of:

the variation, or further variation, of the relevant standard; or

a replacement standard.

the reasons for initially declaring the application or proposal that resulted in the standard or variation to be urgent;

a copy of the declaration under section 95;

a copy of the standard or variation approved as a result of the application or proposal;

a summary of the submissions received by the Authority in relation to the standard or variation approved as a result of the urgent application or proposal;

the Authority’s responses to the issues raised in those submissions;

the Authority’s reasons for its decision under subsection (1);

if applicable—a Regulation Impact Statement in relation to the standard or variation.

request the Authority to review the standard or variation; or

inform the Authority that the Forum does not intend to request the Authority to review the standard or variation.

the Food Regulation Agreement; and

the Joint Food Standards Agreement.

the review is to be conducted, subject to any directions given under subsection 103(2), in such manner as the Authority considers appropriate; and

the Authority must complete the review, and make a decision under subsection (2):

within 3 months after the request was made; or

if the Forum allows a longer period—within that longer period.

re-affirm its decision to approve the standard or variation; or

prepare a proposal under section 55 for the development of:

the variation, or further variation, of the relevant standard; or

a replacement standard.

written notice of its decision under subsection (2); and

the Authority’s reasons for making that decision.

inform the Authority that the Forum does not intend to revoke or amend the standard or variation; or

by legislative instrument, revoke or amend the standard or variation with effect from a date specified in the instrument.

prepare a notice setting out the reasons for that decision; and

give the Authority a copy of the notice; and

publish a copy of the notice on the internet.

prepare a notice stating that the revocation or amendment is to come into effect on the date specified in the instrument of revocation or amendment; and

cause a copy of the notice to be published:

(i) in the Gazette; and

in the New Zealand Gazette;

together with information about where the text of the revocation or amendment may be obtained or inspected; and

publish on the Authority’s website a copy of:

the notice; and

the text of the instrument of revocation or amendment.

to enable it to assess an application and develop the relevant food regulatory measure, or the relevant variation of a food regulatory measure; or

to enable it to determine whether a charge under the Authority in relation to an application;section 146 is payable to

the Authority may request the applicant to provide it with such further information as is specified in the request within such reasonable time as is specified in the request.

if an exclusive capturable commercial benefit would be conferred on the applicant as a result of the development of the resulting standard or variation—on the day on which the charge under section 146 in relation to the application is paid or, if the charge is payable in instalments, the first instalment is paid; and

if the applicant elects to have the consideration of the application expedited—on the day on which the charge under section 146 in relation to the application is paid or, if the charge is payable in instalments, the first instalment is paid; and

in any other case, on the day on which the Authority begins its assessment of the application under section 29.

beginning on the day on which the application is made; and

ending on the day on which the President refers the decision to the guidance and appeals panel or refuses the application, as the case may be.

the Authority may, subject to subsections (9A) and (9B), suspend its consideration of any application which, in the opinion of the Authority, would be affected by the guidelines once formulated; and

if the Authority suspends its consideration of an application, notify the applicant of the suspension, and the period of the suspension.

an applicant has applied for the development or variation of a standard; and

an exclusive capturable commercial benefit would be conferred on the applicant if the standard were made or varied in the manner sought in the application; and

either:

the charge under section 146 in relation to the application is paid; or

in a case where the charge is payable in instalments—each instalment that is due and payable in relation to the application is paid;

the Authority must not suspend its consideration of the application unless the applicant first consents to that suspension.

an applicant elects to have the consideration of his or her application expedited; and

either:

the charge under section 146 in relation to the application is paid; or

in a case where the charge is payable in instalments—each instalment that is due and payable in relation to the application is paid;

the Authority must not suspend its consideration of the application unless the applicant first consents to that suspension.

the Forum notifies the Authority of the policy guidelines; or

the Forum notifies the Authority that it has decided not to proceed with the policy guidelines; or

a period of 18 months, beginning on the day on which the Authority was notified under subsection (9), has elapsed.

an application for the development or variation of a food regulatory measure; or

a draft food regulatory measure or a draft variation of a food regulatory measure that results from such an application;

the Authority must comply with the notice requirements set out in subsection (2).

the Authority must give notice in writing of the rejection, and the reasons for the rejection, to the applicant;

if the Authority rejects the application after public notice is given under section 28 or 51, the Authority must give public notice of the rejection, and the reasons for the rejection;

if the rejection occurs after a draft food regulatory measure or a draft variation of a food regulatory measure has been prepared as a result of the application—the Authority must give notice in writing of the rejection to the Forum on Food Regulation.

Refund on rejection

an application for the development or variation of a food regulatory measure; or

a draft food regulatory measure or a draft variation of a food regulatory measure that results from an application;

after the applicant has paid a charge under the Authority must refund to the applicant so much of the charge as is equivalent to the sum paid by the applicant but not expended from the charge, calculated in accordance with the regulations.section 146 in relation to the application,

Notice of abandonment

a proposal for the development of a standard or the variation of a standard; or

a draft food regulatory measure or a draft variation of a food regulatory measure that results from such a proposal;

the Authority must comply with the notice requirements set out in subsection (5).

if the Authority abandons the proposal after public notice is given under section 58 or 75, the Authority must give public notice of the abandonment, and the reasons for the abandonment;

if the abandonment occurs after a draft food regulatory measure or a draft variation of a food regulatory measure has been prepared as a result of the proposal—the Authority must give notice in writing of the abandonment to the Forum on Food Regulation.

identify the government agency referred to in subsection (1); and

contain a brief statement of the work the agency has done or the process it has gone through.

a Department of State of:

the Commonwealth; or

a State or Territory; or

; or

a body (whether incorporated or not) established by, or by a law of:

the Commonwealth; or

a State or Territory; or

.

the Authority must review the standard; and

subject to any directions under subsection (3), the Authority may conduct the review in such manner as the Authority considers appropriate.

within 3 months after the request was made; or

if the Forum allows a longer period—within that longer period.

if the Minister certifies, by instrument, that it is necessary in the public interest that the information should be disclosed to a specified person—disclose that information to that person; or

disclose that information to any prescribed authority or person; or

disclose that information to a person or body who, in the opinion of the Chief Executive Officer, is expressly or impliedly authorised to obtain that information by the applicant for the development or variation of a food regulatory measure, in respect of the food concerned.

has advised the person, in writing, of the Chief Executive Officer’s intention to disclose the information and of the reasons for disclosing that information; and

has given the person a reasonable opportunity to communicate the person’s views about the proposed disclosure of that information; and

has taken into account any views so communicated.

(a) to an Agency Head (within the meaning of the Public Service Act 1999) or the Chief Officer of a Commonwealth authority for the purpose of enabling the Agency or authority to perform any arrangements made with the Authority in accordance with paragraph 137(a); or

to the Secretary of a Department of the Public Service of a State or Territory or the Chief Officer of a State or Territory authority for the purpose of enabling the Department or authority to perform any arrangements made with the Authority in accordance with paragraph 137(b); or

to the chief executive of a Department of State of New Zealand or the Chief Officer of a New Zealand authority for the purpose of enabling the Department or authority to perform any arrangements made with the Authority in accordance with paragraph 137(c); or

to the Chief Officer of any other authority or body for the purpose of enabling that authority or body to perform any arrangements made with the Authority in accordance with paragraph 137(d).

a Chairperson; and

the Chief Executive Officer; and

2 members nominated by the lead Minister on the Forum on Food Regulation for the purposes of this paragraph; and

one member nominated by the lead Minister on the Forum on Food Regulation for the purposes of this paragraph; and

a member nominated by consumer organisations; and

a member nominated by the CEO of the National Health and Medical Research Council; and

3 members nominated by organisations, or public bodies, established for purposes relating to science or public health; and

2 members nominated by organisations, or public bodies, established for purposes relating to the food industry.

subsections (7) and (8) of this section;

section 117;

section 119;

section 120;

section 121;

section 126;

section 127.

public health;

consumer affairs;

food science;

food allergy;

human nutrition;

medical science;

microbiology;

food safety;

biotechnology;

veterinary science;

the food industry;

food processing or retailing;

primary food production;

small business;

international trade;

government;

food regulation.

public health;

consumer affairs;

food science;

food allergy;

human nutrition;

medical science;

microbiology;

food safety;

biotechnology;

veterinary science.

the Minister is satisfied that the person is suitably qualified for appointment because of expertise in one or more of the following fields:

public health;

consumer affairs;

food science;

food allergy;

human nutrition;

medical science;

microbiology;

food safety;

biotechnology;

veterinary science; and

the Minister has sought nominations from such organisations and public bodies as are prescribed by the regulations for the purposes of:

if the person is suitably qualified for appointment because of expertise in only one field mentioned in paragraph (a)—the subparagraph of paragraph (a) that is applicable to that field; or

if the person is suitably qualified for appointment because of expertise in more than one field mentioned in paragraph (a)—a subparagraph of paragraph (a) that is applicable to one of those fields; and

the person has been so nominated.

the Minister is satisfied that the person is suitably qualified for appointment because of expertise in one or more of the following fields:

the food industry;

food processing or retailing;

primary food production;

small business;

international trade;

government;

food regulation; and

the Minister has sought nominations from such organisations and public bodies as are prescribed by the regulations for the purposes of:

if the person is suitably qualified for appointment because of expertise in only one field mentioned in paragraph (a)—the subparagraph of paragraph (a) that is applicable to that field; or

if the person is suitably qualified for appointment because of expertise in more than one field mentioned in paragraph (a)—a subparagraph of paragraph (a) that is applicable to one of those fields; and

the person has been so nominated.

(a) a member holds office for a particular period (the original period); and

the Minister does not make a decision before the end of the original period to re-appoint, or not to re-appoint, the member;

then, subject to this Part, the member continues to hold office on the basis that the original period is extended until:

the end of the period of 6 months beginning at the end of the original period; or

the Minister notifies the member that the Minister has decided not to re-appoint the member; or

the Minister signs an instrument re-appointing the member;

whichever first happens.

a director (however described) of a body corporate is taken to be employed by the body corporate; and

the secretary (however described) of a body corporate is taken to be employed by the body corporate.

directions as to the manner in which the committee is to carry out its functions; and

directions with respect to the procedure to be followed in relation to meetings of the committee, including directions with respect to:

the convening of meetings of the committee; and

the number of members of the committee to constitute a quorum; and

the appointment of a member of the committee to preside at meetings of the committee; and

the manner in which questions arising at a meeting of the committee are to be decided; and

the voting rights of members of the committee; and

the disclosure of members’ interests in matters being considered by the committee.

the establishment or abolition of a committee; and

any directions given by the Board to a committee.

such remuneration as is determined by the Remuneration Tribunal but, if no determination of that Tribunal is in force, such remuneration as is prescribed; and

such allowances as are prescribed.

in the service or employment of, or of an authority of, the Commonwealth, a State, a Territory or on a full-time basis; or

a person who holds or performs the duties of an office or position established by or under a law of the Commonwealth, a State, a Territory or on a full-time basis;

the person is not entitled to remuneration under this Act.

during a vacancy in the office of Chairperson, whether or not an appointment has previously been made to the office; or

during any period, or during all periods, when the Chairperson is absent from duty or from or is, for any other reason, unable to perform the duties of the office.

during a vacancy in the office of that member, whether or not an appointment has previously been made to the office; or

during any period, or during all periods, when that member is absent from or is, for any reason, unable to perform the duties of the office.

may convene a meeting at any time; and

must convene a meeting on receipt of a written request signed by not less than 3 other members.

telephone; or

closed-circuit television; or

any other means of communication.

a member becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of remuneration for their benefit; or

a member fails, without reasonable excuse, to comply with section 125; or

a member, being the Chairperson:

engages, except with the approval of the Minister, in paid employment outside the duties of his or her office; or

is absent from duty, except on leave of absence granted by the Minister, for 14 consecutive days or for 28 days in any 12 months; or

a member, other than the Chairperson:

engages in any paid employment that, in the Minister’s opinion, conflicts with the proper performance of the member’s functions; or

is absent, except on leave of absence granted under subsection 120(2), from 3 consecutive meetings of the Board;

the Minister may terminate the appointment of the member.

a director (however described) of a body corporate is taken to be employed by the body corporate; and

the secretary (however described) of a body corporate is taken to be employed by the body corporate.

paragraph 33(1)(a); or

subsection 35(1); or

paragraph 41(2)(a); or

paragraph 52(1)(a); or

paragraph 63(1)(a); or

subsection 65(1); or

paragraph 69(2)(a); or

paragraph 78(1)(a); or

subsection 87(2); or

subsection 97(1); or

subsection 101(1); or

subsection 104(2).

the Chief Executive Officer and the APS employees assisting the Chief Executive Officer together constitute a Statutory Agency; and

the Chief Executive Officer is the Head of that Statutory Agency.