food standards australia new zealand regulations 1994

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Prepared by the Office of Parliamentary Counsel, Canberra Food Standards Australia New Zealand Regulations 1994 Statutory Rules No. 286, 1994 made under the Food Standards Australia New Zealand Act 1991 Compilation No. 11 Compilation date: 1 July 2019 Includes amendments up to: F2019L00422 Registered: 16 July 2019 Authorised Version F2019C00557 registered 16/07/2019

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Page 1: Food Standards Australia New Zealand Regulations 1994

Prepared by the Office of Parliamentary Counsel, Canberra

Food Standards Australia New Zealand

Regulations 1994

Statutory Rules No. 286, 1994

made under the

Food Standards Australia New Zealand Act 1991

Compilation No. 11

Compilation date: 1 July 2019

Includes amendments up to: F2019L00422

Registered: 16 July 2019

Authorised Version F2019C00557 registered 16/07/2019

Page 2: Food Standards Australia New Zealand Regulations 1994

About this compilation

This compilation

This is a compilation of the Food Standards Australia New Zealand Regulations 1994 that

shows the text of the law as amended and in force on 1 July 2019 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending

laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any

uncommenced amendments affecting the law are accessible on the Legislation Register

(www.legislation.gov.au). The details of amendments made up to, but not commenced at, the

compilation date are underlined in the endnotes. For more information on any uncommenced

amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an

application, saving or transitional provision that is not included in this compilation, details are

included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the

modification does not amend the text of the law. Accordingly, this compilation does not show

the text of the compiled law as modified. For more information on any modifications, see the

series page on the Legislation Register for the compiled law.

Self-repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the

law, details are included in the endnotes.

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Food Standards Australia New Zealand Regulations 1994 i

Compilation No. 11 Compilation date: 1/7/19 Registered: 16/7/19

Contents

Part 1—Preliminary 1 1 Name of Regulations ......................................................................... 1 2 Definitions ........................................................................................ 1

Part 2—Commercial confidential information 4 6 Authorities to which confidential commercial information

may be disclosed ............................................................................... 4

Part 3—Nominations for Board members 5 6A Organisations and public bodies from which nominations for

Board members may be sought ......................................................... 5

Part 4—Charges 8 6B Scope of this Part .............................................................................. 8 7 Classification of application on basis of procedure and

variable work .................................................................................... 8 8 Charges ............................................................................................. 9 8A Paying charges under subregulation 8(2) by instalments ................ 11 8B Second instalment for certain withdrawn or rejected

applications ..................................................................................... 12 9 Refunds ........................................................................................... 12

Part 5—Time for considering applications 14 11 Period within which consideration of applications for

standards or variations must be complete........................................ 14

Part 6—Application and transitional provisions 15 12 Application of the Food Standards Australia New Zealand

Amendment (High Level Health Claims and Other

Measures) Regulation 2015 ............................................................ 15 13 Application of amendments made by the Food Standards

Australia New Zealand Amendment (Charges)

Regulations 2019 ............................................................................ 15

Endnotes 16

Endnote 1—About the endnotes 16

Endnote 2—Abbreviation key 17

Endnote 3—Legislation history 18

Endnote 4—Amendment history 19

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Preliminary Part 1

Regulation 1

Food Standards Australia New Zealand Regulations 1994 1

Compilation No. 11 Compilation date: 1/7/19 Registered: 16/7/19

Part 1—Preliminary

1 Name of Regulations

These Regulations are the Food Standards Australia New Zealand

Regulations 1994.

2 Definitions

In these Regulations:

Act means the Food Standards Australia New Zealand Act 1991.

administrative costs of the Authority for an application means the total of:

(a) the amounts (however described) that are payable by the Authority for

things required by a law of the Commonwealth to be done in connection

with the application, except amounts payable for the services of Authority

personnel doing work; and

(b) if the application is for a high level health claims variation—the costs of

the High Level Health Claims Committee:

(i) considering whether to make recommendations relating to the

application or a draft high level health claims variation resulting from

the application; and

(ii) formulating and making any such recommendations.

Agriculture Department means the Department administered by the Minister

administering the Imported Food Control Act 1992.

application means an application made under section 22 of the Act.

application consideration process means the process undertaken by the

Authority in relation to the application under:

(a) Part 3 of the Act, other than the Authority’s dealings with the Forum on

Food Regulation; and

(b) any other Commonwealth law.

Note: An example for paragraph (b) is a law that requires a new standard to be registered.

Authority personnel: the following are Authority personnel:

(a) a member;

(b) a person:

(i) who holds a position or classification as a member of the staff of the

Authority described in any of items 4 to 16 of the table in the

definition of Authority personnel variable work cost; or

(ii) whose variable work on an application is treated as if the person were

a member of the staff of the Authority and held such a position or

classification.

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Part 1 Preliminary

Regulation 2

2 Food Standards Australia New Zealand Regulations 1994

Compilation No. 11 Compilation date: 1/7/19 Registered: 16/7/19

Note 1: Paragraph (a) and subparagraph (b)(i) cover both substantive holders of the offices and

positions mentioned and persons acting in those offices and positions: see section 20 of

the Acts Interpretation Act 1901 (applying because of subsection 13(1) of the

Legislation Act 2003).

Note 2: A person covered by subparagraph (b)(ii) may be a consultant engaged under

section 136 of the Act or a person whose services are made available to the Authority

under an arrangement under section 137 of the Act.

Authority personnel variable work cost for an application is the sum of each

amount that is the product of:

(a) the number of hours spent, by Authority personnel to whom column 1 of an

item of the following table relates, on variable work on the application; and

(b) the hourly amount in column 2 of the item.

Persons and rates for working out Authority personnel variable work cost

Item Column 1

Office, position or classification of Authority personnel

Column 2

Hourly amount

1 Chairperson of the Board $435

2 Member (except the Chairperson of the Board and the Chief Executive

Officer of the Authority)

$420

3 Chief Executive Officer of the Authority $288

4 SES officer $220

5 Principal research scientist $182

6 Executive Officer Level 2.6 or Legal 2 $164

7 Executive Officer Level 2.5 $161

8 Executive Officer Level 2.4 $156

9 Executive Officer Level 2.3 $152

10 Executive Officer Level 2.2 or Legal 1.9 $145

11 Executive Officer Level 2.1 $138

12 Executive Officer Level 1.3 or Legal 1.8 $133

13 Executive Officer Level 1.2 $128

14 Executive Officer Level 1.1 or Legal 1.7 $122

15 APS 6 or Legal 1.6 $114

16 APS 1, 2, 3, 4 or 5 or Legal 1.1, 1.2, 1.3, 1.4 or 1.5 $100

Foreign Affairs Department means the Department administered by the

Minister administering the Diplomatic Privileges and Immunities Act 1967.

general procedure level 1 application means an application that the Authority

has classified as a general procedure level 1 application under regulation 7.

general procedure level 2 application means an application that the Authority

has classified as a general procedure level 2 application under regulation 7.

general procedure level 3 application means an application that the Authority

has classified as a general procedure level 3 application under regulation 7.

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Preliminary Part 1

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Food Standards Australia New Zealand Regulations 1994 3

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general procedure level 4 application means an application that the Authority

has classified as a general procedure level 4 application under regulation 7.

general procedure level 5 application means an application that the Authority

has classified as a general procedure level 5 application under regulation 7.

Health Department means the Department administered by the Minister

administering the Act.

high level health claims procedure level 1 application means an application that

the Authority has classified as a high level health claims procedure level 1

application under regulation 7.

high level health claims procedure level 2 application means an application that

the Authority has classified as a high level health claims procedure level 2

application under regulation 7.

high level health claims procedure level 3 application means an application that

the Authority has classified as a high level health claims procedure level 3

application under regulation 7.

high level health claims procedure level 4 application means an application that

the Authority has classified as a high level health claims procedure level 4

application under regulation 7.

high level health claims procedure level 5 application means an application that

the Authority has classified as a high level health claims procedure level 5

application under regulation 7.

Industry Department means the Department administered by the Minister

administering the Industry Research and Development Act 1986.

major procedure application means an application that the Authority has

classified as a major procedure application under regulation 7.

proposal means a proposal prepared under section 55 of the Act.

Treasury Department means the Department administered by the Treasurer.

variable work on an application means work for the Authority for the purposes

of the Authority complying with any of the following provisions of the Act

(applying of their own force or because of another provision of the Act):

(a) section 29 (assessing the application);

(b) paragraph 33(1)(b) and subsections 33(2) and (3) (preparing a report

relating to the application having regard to public submissions relating to a

draft food regulatory measure, or a draft variation of such a measure,

prepared in response to the application);

(c) section 45 (having regard to public submissions relating to the application);

(d) paragraph 52(1)(b) and subsection 52(2) (preparing a report relating to an

application for a high level health claims variation).

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Part 2 Commercial confidential information

Regulation 6

4 Food Standards Australia New Zealand Regulations 1994

Compilation No. 11 Compilation date: 1/7/19 Registered: 16/7/19

Part 2—Commercial confidential information

6 Authorities to which confidential commercial information may be disclosed

(1) For paragraph 114(4)(b) of the Act, the following Commonwealth authorities are

prescribed:

(a) the Agriculture Department;

(b) the Foreign Affairs Department;

(c) the Health Department;

(d) the Industry Department;

(e) the Treasury Department.

(2) For paragraph 114(4)(b) of the Act, the following State or Territory authorities

are prescribed:

(a) the Department of State of each State or Territory that is primarily

responsible for public health in that State or Territory;

(b) the Department of State of each State and Territory that is primarily

responsible for primary industries in that State or Territory;

(c) NSW Food Authority;

(d) the Department of State of Victoria that is primarily responsible for the

food and beverage industry;

(e) Safe Food Production QLD.

(3) For paragraph 114(4)(b) of the Act, the following New Zealand authorities are

prescribed:

(a) the Department of State of New Zealand that is primarily responsible for

public health;

(b) the Department of State of New Zealand that is primarily responsible for

primary industries;

(c) Environment Protection Authority.

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Nominations for Board members Part 3

Regulation 6A

Food Standards Australia New Zealand Regulations 1994 5

Compilation No. 11 Compilation date: 1/7/19 Registered: 16/7/19

Part 3—Nominations for Board members

6A Organisations and public bodies from which nominations for Board

members may be sought

Australian science and public health organisations and bodies

(1) For paragraph 116(3)(b) of the Act, an Australian organisation or public body

mentioned in an item in the following table is prescribed for the purposes of each

subparagraph of paragraph 116(3)(a) of the Act mentioned in that item.

Australian science and public health organisations and bodies

Item Organisation or body Subparagraph of paragraph 116(3)(a)

1 Australian Academy of Science Subparagraph (vi)

2 Australian Institute of Environmental Health Subparagraphs (i), (iii), (vii) and (viii)

3 Australian Medical Association Subparagraphs (i) and (vi)

4 Australian Society for Biochemistry and

Molecular Biology

Subparagraphs (vi), (vii) and (ix)

5 Australian Veterinary Association Subparagraph (x)

6 CHOICE Subparagraphs (i) and (ii)

7 Consumers Health Forum of Australia Subparagraphs (i) and (ii)

8 Dietitians Association of Australia Subparagraphs (i), (iii), (iv), (v) and (viii)

9 Food Science Australia Subparagraphs (iii), (iv), (v), (vii) and (viii)

10 National Aboriginal Community Controlled

Health Organisation

Subparagraphs (i) and (ii)

11 Nutrition Australia Subparagraphs (i), (ii) and (v)

12 Nutrition Society of Australia (Inc) Subparagraphs (iii), (iv), (v) and (viii)

13 Public Health Association of Australia Subparagraphs (i), (ii), (iii), (iv), (v) and

(viii)

14 Royal Australian Chemical Institute

Incorporated

Subparagraph (iii)

15 The Australian Institute of Food Science and

Technology Incorporated

Subparagraphs (i), (iii), (vi), (v), (vii) and

(viii)

16 The Australian Society for Microbiology Subparagraph (vii)

17 The Royal Australasian College of

Physicians (Faculty of Public Health

Medicine)

Subparagraphs (i), (v) and (vi)

New Zealand science and public health organisations and bodies

(2) For paragraph 116(3)(b) of the Act, an organisation or public body of New

Zealand mentioned in an item in the following table is prescribed for the

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Part 3 Nominations for Board members

Regulation 6A

6 Food Standards Australia New Zealand Regulations 1994

Compilation No. 11 Compilation date: 1/7/19 Registered: 16/7/19

purposes of each subparagraph of paragraph 116(3)(a) of the Act mentioned in

that item.

New Zealand science and public health organisations and bodies

Item Organisation or body Subparagraph of paragraph 116(3)(a)

1 Consumer NZ Subparagraphs (ii), (v) and (viii)

2 Dietitians NZ Subparagraphs (i), (ii), (iii), (iv), (v) and

(viii)

3 Health Research Council of New Zealand Subparagraphs (i), (iv), (v), (vi), (vii) and

(ix)

4 Maori Women’s Welfare League Inc Subparagraphs (i), (ii) and (viii)

5 National Council of Women of New Zealand Subparagraph (ii)

6 New Zealand Medical Association Subparagraphs (i) and (vi)

7 NZ Nutrition Foundation Subparagraphs (v), (vi) and (viii)

8 NZBIO Subparagraph (ix)

9 Public Health Association of New Zealand

Inc

Subparagraphs (i), (ii), (iii), (iv), (v), (vi),

(vii), (viii) and (ix)

10 Science New Zealand Subparagraphs (i), (ii), (iii), (vi), (vii), (viii)

and (ix)

11 The New Zealand Institute of Food Science

and Technology Inc

Subparagraphs (iii), (viii) and (ix)

12 The Royal Australasian College of

Physicians, New Zealand Committee,

Faculty of Public Health Medicine

Subparagraphs (i), (v) and (vi)

13 The Royal Society of New Zealand Subparagraphs (vii) and (ix)

Australian food industry organisations and bodies

(3) For paragraph 116(4)(b) of the Act, an Australian organisation or public body

mentioned in an item in the following table is prescribed for the purposes of each

subparagraph of paragraph 116(4)(a) of the Act mentioned in that item.

Australian food industry organisations and bodies

Item Organisation or body Subparagraph of paragraph 116(4)(a)

1 Australian Chamber of Commerce and

Industry

Subparagraphs (i), (ii), (iv), (vi) and (vii)

2 Australian Food and Grocery Council Subparagraphs (i), (ii), (v), (vi) and (vii)

3 Australian Hotels Association Subparagraphs (i), (iv), (vi) and (vii)

4 Council of Small Business Australia Subparagraphs (iv) and (vi)

5 National Association of Retail Grocers of

Australia Pty Ltd

Subparagraphs (ii) and (iv)

6 National Farmers’ Federation Limited Subparagraphs (iii), (iv), (v) and (vi)

7 Restaurant and Catering Australia Subparagraphs (i), (iv), (vi) and (vii)

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Nominations for Board members Part 3

Regulation 6A

Food Standards Australia New Zealand Regulations 1994 7

Compilation No. 11 Compilation date: 1/7/19 Registered: 16/7/19

Australian food industry organisations and bodies

Item Organisation or body Subparagraph of paragraph 116(4)(a)

8 The Australian Industry Group Subparagraphs (i), (iv), (v), (vi) and (vii)

9 The Australian Retailers Association Subparagraphs (i), (ii), (iv), (vi) and (vii)

New Zealand food industry organisations and bodies

(4) For paragraph 116(4)(b) of the Act, an organisation or public body of New

Zealand mentioned in an item in the following table is prescribed for the

purposes of each subparagraph of paragraph 116(4)(a) of the Act mentioned in

that item.

New Zealand food industry organisations and bodies

Item Organisation or body Subparagraph of paragraph 116(4)(a)

1 New Zealand Food and Grocery Council Subparagraphs (i), (ii), (iv), (v), (vi) and (vii)

2 New Zealand Retailers Association Subparagraph (ii)

3 The Grocery Retailers Association Subparagraphs (i), (ii) and (iv)

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Part 4 Charges

Regulation 6B

8 Food Standards Australia New Zealand Regulations 1994

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Part 4—Charges

6B Scope of this Part

This Part applies in relation to an application if:

(a) the applicant has elected to have the consideration of the application

expedited; or

(b) the application is to develop or vary a standard and the development or

variation of the standard would confer an exclusive capturable commercial

benefit on the applicant.

7 Classification of application on basis of procedure and variable work

(1) If the Authority accepts an application under section 26 or 47 of the Act, the

Authority must:

(a) estimate the total number of person-hours of variable work by Authority

personnel on the application; and

(b) classify the application in accordance with the estimate and the following

table; and

(c) if the estimate is more than 680 person-hours—also estimate the number of

those person-hours for each kind of office, position or classification.

Classification of application

Item Column 1

Procedure for considering

application

Column 2

Estimated total number of

person-hours of variable

work

Column 3

Classification

1 General procedure Not more than 240 General procedure level 1

application

2 General procedure More than 240, but not more

than 380

General procedure level 2

application

3 General procedure More than 380, but not more

than 540

General procedure level 3

application

4 General procedure More than 540, but not more

than 680

General procedure level 4

application

5 General procedure More than 680 General procedure level 5

application

6 Subdivision F of Division 1

of Part 3 of the Act

Any number Major procedure application

7 Subdivision G of Division 1

of Part 3 of the Act

Not more than 240 High level health claims

procedure level 1 application

8 Subdivision G of Division 1

of Part 3 of the Act

More than 240, but not more

than 380

High level health claims

procedure level 2 application

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Charges Part 4

Regulation 8

Food Standards Australia New Zealand Regulations 1994 9

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Classification of application

Item Column 1

Procedure for considering

application

Column 2

Estimated total number of

person-hours of variable

work

Column 3

Classification

9 Subdivision G of Division 1

of Part 3 of the Act

More than 380, but not more

than 540

High level health claims

procedure level 3 application

10 Subdivision G of Division 1

of Part 3 of the Act

More than 540, but not more

than 680

High level health claims

procedure level 4 application

11 Subdivision G of Division 1

of Part 3 of the Act

More than 680 High level health claims

procedure level 5 application

Note: The classification of an application affects the charge payable for considering it and

whether the charge may be paid in instalments.

(2) The Authority must give the applicant written notice of:

(a) the classification of the application; and

(b) if the application is classified as:

(i) a general procedure level 5 application; or

(ii) a major procedure application; or

(iii) a high level health claims procedure level 5 application;

the amount of the charge under subregulation 8(2) for the application.

(3) This regulation does not apply to an application if the procedure for considering

the application is described in Subdivision E of Division 1 of Part 3 of the Act

(about minor variations).

8 Charges

(1) For the purposes of subsection 146(1) of the Act, this regulation fixes charges to

be paid by the applicant for the Authority’s services relating to an application.

Basic charge

(2) The charge for an application described in column 1 of an item of the following

table is the sum of:

(a) the amounts described in columns 2 and 3 of the item; and

(b) $19,470.

Charges relating to applications

Item Column 1

Application

Column 2

Variable component

Column 3

Administrative

component

1 General procedure

level 1 application

$36,912 $1,000

2 General procedure

level 2 application

$58,444 $1,000

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Part 4 Charges

Regulation 8

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Charges relating to applications

Item Column 1

Application

Column 2

Variable component

Column 3

Administrative

component

3 General procedure

level 3 application

$83,052 $1,000

4 General procedure

level 4 application

$104,584 $1,000

5 General procedure

level 5 application

The total of:

(a) $104,584; and

(b) if, on the basis of the estimates under

regulation 7, the Authority personnel variable

work cost for the application is expected to

exceed $104,584—the excess

$1,000

6 Major procedure

application

The total of:

(a) $174,930; and

(b) if, on the basis of the estimates under

regulation 7, the Authority personnel variable

work cost for the application is expected to

exceed $174,930—the excess

$1,000

7 High level health

claims procedure

level 1 application

$36,912 $4,000

8 High level health

claims procedure

level 2 application

$58,444 $4,000

9 High level health

claims procedure

level 3 application

$83,052 $4,000

10 High level health

claims procedure

level 4 application

$104,584 $4,000

11 High level health

claims procedure

level 5 application

The total of:

(a) $104,584; and

(b) if, on the basis of the estimates under

regulation 7, the Authority personnel variable

work cost for the application is expected to

exceed $104,584—the excess

$4,000

Extra charge for high administrative costs

(3) Also, if:

(a) the administrative costs of the Authority for the application exceed the

amount described in column 3 of the relevant item of the table in

subregulation (2); and

(b) the Authority notifies the applicant of the excess and its amount;

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Regulation 8A

Food Standards Australia New Zealand Regulations 1994 11

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there is a charge equal to the excess. The charge is due and payable 30 days after

the applicant is notified.

8A Paying charges under subregulation 8(2) by instalments

Which charges may be paid by instalments

(1) For the purposes of subsection 146(1A) of the Act, a charge under

subregulation 8(2) for any of the following applications may be paid by

instalments in accordance with this regulation:

(a) a general procedure level 3 application, a general procedure level 4

application or a general procedure level 5 application;

(b) a major procedure application;

(c) a high level health claims level 3 application, a high level health claims

level 4 application or a high level health claims level 5 application.

First instalment

(2) The first instalment is:

(a) 75% of the charge; or

(b) for a major procedure application—25% of the charge.

Note: Sections 27, 28, 48, 49 and 109 of the Act deal with the timing of payment of the first

instalment and the effects of not paying the instalment on time.

Second instalment

(3) The second instalment is the rest of the charge.

(4) The second instalment is due:

(a) at the end of the submission period described in paragraph 31(2)(c) of the

Act (applying of its own force or because of section 43 of the Act) relating

to the application; or

(b) if the application is for a high level health claims variation and the

applicant has made an election under section 51 of the Act—at the end of

the submission period described in paragraph 51(3)(c) of the Act; or

(c) if the application is for a high level health claims variation and the

applicant has not made an election under section 51 of the Act—20

business days after a notice is given to the applicant under

subregulation (5) in relation to the application.

Note: If the second instalment is not paid when it is due, the consideration period for

completing the procedure under Subdivision D, F or G of Division 1 of Part 3 of the

Act for considering the application stops running under subsection 109(7) of the Act

while the instalment remains unpaid.

(5) For the purposes of paragraph (4)(c), when the Authority considers that it is

appropriate for the second instalment to be paid, given the stage that the process

of dealing with the application has reached, the Authority must give the applicant

written notice that the applicant must pay the second instalment.

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Part 4 Charges

Regulation 8B

12 Food Standards Australia New Zealand Regulations 1994

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8B Second instalment for certain withdrawn or rejected applications

(1) For the purposes of subsection 146(1A) of the Act, this regulation applies,

despite subregulations 8A(3) and (4), to an application described in

subregulation 8A(1) that:

(a) is withdrawn under section 24 of the Act before the Authority makes a

decision relating to the application under whichever of the following

subsections of the Act applies in relation to the application (of its own

force or because of section 43 of the Act):

(i) subsection 33(1);

(ii) subsection 35(1);

(iii) subsection 52(1); or

(b) is rejected by the Authority under paragraph 30(1)(b) or

subparagraph 52(1)(a)(ii) of the Act (applying of its own force or because

of section 43 of the Act).

(2) The second instalment is:

(a) if the Authority personnel variable work cost for the application,

immediately before notice of the withdrawal is given to the Authority or

notice of the rejection is given to the applicant, exceeds the amount of the

first instalment attributable to column 2 of the relevant item of the table in

subregulation 8(2) (variable component)—the excess; or

(b) if paragraph (a) does not apply—nil.

(3) The Authority must give the applicant a written notice that sets out the amount

(if any) of the second instalment.

(4) The second instalment is (if more than nil) due and payable 20 business days

after the day the notice of withdrawal or rejection is given.

9 Refunds

(1) This regulation:

(a) specifies, for the purposes of subsection 149(2) of the Act, circumstances

in which a refund of charge under section 146 of the Act paid by an

applicant for an application is to be made; and

(b) provides, for the purposes of subsections 24(2), 110(3) and 149(2) of the

Act, for the calculation of the amount of the refund.

(2) The refund is to be made (whether or not subsection 24(2) or 110(3) of the Act

applies) if either or both of the following apply:

(a) the amount of the charge paid that is attributable to column 2 of the

relevant item of the table in subregulation 8(2) (variable component)

exceeds the Authority personnel variable work cost for the application;

(b) the amount of the charge paid that is attributable to column 3 of the

relevant item of the table in subregulation 8(2) (administrative component)

exceeds the administrative costs of the Authority for the application.

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Charges Part 4

Regulation 9

Food Standards Australia New Zealand Regulations 1994 13

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(3) The refund is the total of the excess described in whichever of paragraphs (2)(a)

and (b) apply.

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Part 5 Time for considering applications

Regulation 11

14 Food Standards Australia New Zealand Regulations 1994

Compilation No. 11 Compilation date: 1/7/19 Registered: 16/7/19

Part 5—Time for considering applications

11 Period within which consideration of applications for standards or variations

must be complete

For subsection 109 (3) of the Act, the consideration period ends:

(a) for an application to which Subdivision D of Division 1 of Part 3 of the Act

(general procedure) applies—9 months after it begins; and

(b) for an application to which Subdivision E of Division 1 of Part 3 of the Act

(minor procedure) applies—3 months after it begins; and

(c) for an application to which Subdivision G of Division 1 of Part 3 of the Act

(high level health claims) applies—9 months after it begins.

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Application and transitional provisions Part 6

Regulation 12

Food Standards Australia New Zealand Regulations 1994 15

Compilation No. 11 Compilation date: 1/7/19 Registered: 16/7/19

Part 6—Application and transitional provisions

12 Application of the Food Standards Australia New Zealand Amendment (High

Level Health Claims and Other Measures) Regulation 2015

Schedule 1 to the Food Standards Australia New Zealand Amendment (High

Level Health Claims and Other Measures) Regulation 2015 applies to an

application received by the Authority on or after the commencement of that

Schedule.

13 Application of amendments made by the Food Standards Australia New

Zealand Amendment (Charges) Regulations 2019

(1) The amendments of these Regulations made by the Food Standards Australia

New Zealand Amendment (Charges) Regulations 2019 apply in relation to

applications made on or after 1 July 2019.

(2) Subregulation (1) does not apply to the amendments inserting the headings to

Parts 1, 2, 3, 5 and 6.

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Endnotes

Endnote 1—About the endnotes

16 Food Standards Australia New Zealand Regulations 1994

Compilation No. 11 Compilation date: 1/7/19 Registered: 16/7/19

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or

will amend) the compiled law. The information includes commencement details for amending

laws and details of any application, saving or transitional provisions that are not included in

this compilation.

The amendment history in endnote 4 provides information about amendments at the provision

(generally section or equivalent) level. It also includes information about any provision of the

compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and

presentational changes to a compiled law in preparing a compilation of the law for

registration. The changes must not change the effect of the law. Editorial changes take effect

from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the

changes in general terms. Full details of any changes can be obtained from the Office of

Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the

amendment to be made. If, despite the misdescription, the amendment can be given effect as

intended, the amendment is incorporated into the compiled law and the abbreviation “(md)”

added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not

incorp)” is added to the details of the amendment included in the amendment history.

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Endnotes

Endnote 2—Abbreviation key

Food Standards Australia New Zealand Regulations 1994 17

Compilation No. 11 Compilation date: 1/7/19 Registered: 16/7/19

Endnote 2—Abbreviation key

ad = added or inserted o = order(s)

am = amended Ord = Ordinance

amdt = amendment orig = original

c = clause(s) par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x /sub-subparagraph(s)

Ch = Chapter(s) pres = present

def = definition(s) prev = previous

Dict = Dictionary (prev…) = previously

disallowed = disallowed by Parliament Pt = Part(s)

Div = Division(s) r = regulation(s)/rule(s)

ed = editorial change reloc = relocated

exp = expires/expired or ceases/ceased to have renum = renumbered

effect rep = repealed

F = Federal Register of Legislation rs = repealed and substituted

gaz = gazette s = section(s)/subsection(s)

LA = Legislation Act 2003 Sch = Schedule(s)

LIA = Legislative Instruments Act 2003 Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given SLI = Select Legislative Instrument

effect SR = Statutory Rules

(md not incorp) = misdescribed amendment Sub-Ch = Sub-Chapter(s)

cannot be given effect SubPt = Subpart(s)

mod = modified/modification underlining = whole or part not

No. = Number(s) commenced or to be commenced

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Endnotes

Endnote 3—Legislation history

18 Food Standards Australia New Zealand Regulations 1994

Compilation No. 11 Compilation date: 1/7/19 Registered: 16/7/19

Endnote 3—Legislation history

Number and year Registration Commencement Application, saving

and transitional

provisions

286, 1994 23 Aug 1994 23 Aug 1994 (r 1)

122, 2000 22 June 2000 1 July 2000 (r 2) —

341, 2001 21 Dec 2001 21 Dec 2001 (r 2) —

38, 2002 7 Mar 2002 7 Mar 2002 (r 2) —

119, 2002 14 June 2002 1 July 2002 (r 2) —

265, 2004 26 Aug 2004 26 Aug 2004 (r 2) r 4

310, 2007 28 Sept 2007 (F2007L02390) 1 Oct 2007 (r 2) r 4

103, 2010 25 May 2010 (F2010L00600) 1 July 2010 (r 2) r 4

61, 2015 4 May 2015 (F2015L00633) 1 June 2015 (s 2) —

Name Registration Commencement Application, saving and

transitional provisions

Food Standards Australia

New Zealand Amendment

(Forum on Food Regulation

and Other Measures)

Regulation 2016

15 Apr 2016 (F2016L00521) 16 Apr 2016 (s 2(1) item 1) —

Food Standards Australia

New Zealand Amendment

(Charges) Regulations 2019

26 Mar 2019 (F2019L00422) 1 July 2019 (s 2(1) item 1) —

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Endnotes

Endnote 4—Amendment history

Food Standards Australia New Zealand Regulations 1994 19

Compilation No. 11 Compilation date: 1/7/19 Registered: 16/7/19

Endnote 4—Amendment history

Provision affected How affected

Part 1

Part 1 heading ................................ ad F2019L00422

r 1 .................................................. rs No 122, 2000; No 119, 2002

r 2 .................................................. am No 122, 2000; No 119, 2002; No 265, 2004; No 310, 2007; No 103, 2010; No 61,

2015; F2016L00521; F2019L00422

r 3 .................................................. am No 122, 2000

rs No 119, 2002

am No 310, 2007

rs No 61, 2015

rep F2016L00521

r 4 .................................................. am No 119, 2002

rep No 310, 2007

r 5 .................................................. rep No 119, 2002

Part 2

Part 2 heading ................................ ad F2019L00422

r 6 .................................................. rs No 122, 2000; No 119, 2002; No 310, 2007; No 61, 2015

Part 3

Part 3 heading ................................ ad F2019L00422

r 6A ............................................... ad No 341, 2001

rep No 265, 2004

am No 310, 2007

rs No 61, 2015

Part 4

Part 4 heading ................................ ad F2019L00422

r 6B ................................................ ad F2019L00422

r 7 .................................................. ad No 122, 2000

am No 119, 2002

rs No 310, 2007; No 103, 2010; No 61, 2015; F2019L00422

r 7A ............................................... ad No 103, 2010

rep No 61, 2015

r 7B ................................................ ad No 103, 2010

rep No 61, 2015

r 8 .................................................. ad No 122, 2000

am No 119, 2002

rs No 265, 2004; No 310, 2007; No 103, 2010; No 61, 2015; F2019L00422

r 8A ............................................... ad No 61, 2015

rs F2019L00422

r 8B ................................................ ad No 61, 2015

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Endnotes

Endnote 4—Amendment history

20 Food Standards Australia New Zealand Regulations 1994

Compilation No. 11 Compilation date: 1/7/19 Registered: 16/7/19

Provision affected How affected

rs F2019L00422

r 9 .................................................. ad No 122, 2000

am No 119, 2002

rs No 310, 2007

am No 103, 2010

rs No 61, 2015; F2019L00422

r 10 ................................................ ad No 122, 2000

am No 119, 2002; No 265, 2004

rs No 310, 2007

rep No 61, 2015

Part 5

Part 5 heading ................................ ad F2019L00422

r 11 ................................................ ad No 122, 2000

am No 119, 2002

rs No 310, 2007

am No 61, 2015

Part 6

Part 6 heading ................................ ad F2019L00422

r 12 ................................................ ad No 122, 2000

am No 119, 2002

rs No 265, 2004

rep No 310, 2007

ad No 61, 2015

r 13 ................................................ ad No 122, 2000

am No 119, 2002

rs No 265, 2004

rep No 310, 2007

ad F2019L00422

r 14 ................................................ ad No 122, 2000

am No 119, 2002

rs No 265, 2004

rep No 310, 2007

r 15 ................................................ ad No 122, 2000

am No 119, 2002

rep No 265, 2004

r 16 ................................................ ad No 122, 2000

am No 119, 2002

rep No 265, 2004

r 17 ................................................ ad No 122, 2000

rep No 265, 2004

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Endnotes

Endnote 4—Amendment history

Food Standards Australia New Zealand Regulations 1994 21

Compilation No. 11 Compilation date: 1/7/19 Registered: 16/7/19

Provision affected How affected

r 18 ................................................ ad No 122, 2000

rep No 265, 2004

Schedule 1 ..................................... rs No 119, 2002

am No 265, 2004; No 310, 2007

rep No 61, 2015

Schedule 1A .................................. ad No 119, 2002

rs No 265, 2004

rep No 310, 2007

Schedule 2 ..................................... rs No 119, 2002

am No 265, 2004; No 310, 2007

rep No 61, 2015

Schedule 2A .................................. ad No 341, 2001

am No 38, 2002; No 265, 2004; No 310, 2007

rep No 61, 2015

Schedule 3 ..................................... ad No 122, 2000

am No 119, 2002

rs No 265, 2004; No 310, 2007

am No 103, 2010

rep No 61, 2015

Schedule 4 ..................................... ad No 265, 2004

rs No 310, 2007

am No 103, 2010

rep No 61, 2015

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