2004-2005-2006-2007

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

Food Standards Australia New Zealand Amendment Bill 2007

 

 

(Government)

(1)     Schedule 1, item 13, page 6 (lines 11 and 12), omit “boxed”.

[editorial notes and examples]

(2)     Schedule 1, item 76, page 67 (lines 10 to 16), omit subsection 109(9), substitute:

             (9)  If the Council notifies the Authority that it is formulating policy guidelines for the purposes of paragraph 18(2)(e):

                     (a)  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

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

          (9A)  If:

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

                     (b)  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

                     (c)  either:

                              (i)  the charge fixed under subparagraph 146(6)(b)(ii) in relation to the application is paid; or

                             (ii)  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.

          (9B)  If:

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

                     (b)  either:

                              (i)  the charge fixed under subparagraph 146(6)(b)(ii) in relation to the application is paid; or

                             (ii)  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.

[stop-the-clock provisions]

(3)     Schedule 1, item 76, page 70 (lines 12 to 14), omit subsection 112(6).

[relying on work of other agencies]