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Australia New Zealand Food Authority Amendment Bill (No. 2) 1997

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                                                                       1997

 

                   THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

                                                                            

 

                                                                    SENATE

 

 

 

 

 

 

 

 

                               AUSTRALIA NEW ZEALAND FOOD AUTHORITY

                                             AMENDMENT BILL (NO. 2) 1997

 

 

 

                             SUPPLEMENTARY EXPLANATORY MEMORANDUM

 

                                (Amendments to be moved on behalf of the Government)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(Circulated by the authority of   the Minister for Health and Family Services, the Hon. Dr Michael Wooldridge MP)

 

 

 

89811 CAt. No. 97 1404 9 ISBN 0644 511230



 

 

 

 

                               AUSTRALIA NEW ZEALAND FOOD AUTHORITY

                                              AMENDMENT BILL (NO. 2) 1997

 

 

                                (Amendments to be moved on behalf of the Government)

 

 

                                                                   OUTLINE

 

 

 

These amendments to the Australia New Zealand Food Authority Amendment Bill (No. 2) 1997   (the Bill) provide for there to be a  full-time Chief Executive Officer of the Australia New Zealand Food Authority responsible for the day-to-day administration of the Authority and the control of its operations in accordance with policies and directions of the Authority.   The office of Chairperson of the Authority will in consequence become part-time.   Amendments are also made to provisions of the Bill which relate to amendments contained in the Australia New Zealand Food Authority Amendment Bill 1996 which are not expected to come into operation before the commencement of relevant provisions of  the enacted Bill.

 

 

 

                                             FINANCIAL IMPACT STATEMENT

 

Remuneration and allowances of the full-time Chief Executive Officer and part-time Chairperson will involve some additional cost in accordance with Remuneration Tribunal determinations.   These will be absorbed within the portfolio.

 

 

 

 

 



 

 

                               AUSTRALIA NEW ZEALAND FOOD AUTHORITY

                                              AMENDMENT BILL (NO. 2) 1997

 

 

 

                                                        NOTES ON CLAUSES

 

 

Clause  (1)      Amends the commencement provisions in clause 2 of the Bill to refer to new subsections added by clause (2) below.

 

Clause (2)        Amends the commencement provisions in clause 2 of the Bill to permit the new provisions relating to the Chief Executive Officer to commence upon Proclamation.  It  would also permit item 25B of Schedule 1 to the Bill to remake the amendment brought about by item 25A (as explained in relation to clause 6) in the event that this were unintendedly reversed by the later commencement of an amendment in the Public Employment (Consequential and Transitional) Bill 1997 based on the Australia New Zealand Food Authority Act 1991 (the Act) as presently in force.

 

Clause (3)      Inserts  Item 1A in Schedule 1 to the Bill so that the definition of  “member” in the Act includes the Chief Executive Officer as a member of the Authority.

 

Clause (4)        Inserts Item 23A in Schedule 1 to the Bill to amend  subsection 39(4) of the Act which deals with disclosure of confidential commercial information in certain circumstances by replacing references to the Chairperson with references to the Chief Executive Officer.

 

Clause (5)        Inserts items 24A to 24K in Schedule 1 to the Bill.

 

Items 24A, 24B, and 24C furtheramend section 39 (including new subsection 39(5) as substituted by item 24 of Schedule 1 to the Bill) of the Act, which deals with the treatment of confidential commercial information, by replacing references to Chairperson with references to the  Chief Executive Officer in relation to disclosure functions.

 

Item 24D revises the heading to Part 4 of the Act dealing with the constitution, meetings and staff of the Authority  to refer to the Chief Executive Officer.

 

Item 24E inserts into the Act a heading for newly identified Division 1 of Part 4, “Constitution and meetings of the Authority”, which will now be divided into 3 Divisions.

 

Item 24F inserts a reference to the Chief Executive Officer in subsection 40(1) of the Act which sets out the members of the Authority.

 



Item 24G has the effect of excluding the office of Chief Executive Officer from the application of subsection 40(2) of the Act which requires consultation by the Minister with the Australia New Zealand Food Standards Council before the appointment of members.

 

Item 24H inserts a new subsection 40(2A) into Act which provides that the Chief Executive Officer is automatically a member of the Authority without being appointed as such and sets out provisions of the Act normally applying to members which do not apply to the Chief Executive Officer.  These provisions are subsections 40(7) and (8) dealing with the holding of office on a part-time basis by members and the terms and conditions on which they hold office;  section 41 dealing with the appointment of  members;  section 44 dealing with remuneration and allowances of  members;  section 45 dealing with leave of absence of  members;  section 46 dealing with acting arrangements for members;  section 51 dealing with resignation of members;  and section 52 dealing with the termination of appointment of  members.  Special provision is made elsewhere for these matters in relation to the Chief Executive Officer.

 

Item 24I repeals present subsection 40(7) of the Act, which provides that the Chairperson is appointed full-time and other members part-time, and substitutes a new subsection 40(7) providing that the Chairperson and other members hold office on a part-time basis.

 

Items 24J and 24K amend subsection 42(4) of the Act which sets out the membership of the Australia New Zealand Food Authority Advisory Committee (the Food Advisory Committee).  Item 24J amends paragraph 42(4)(a) by replacing the reference to Chairperson with a reference to the Chief Executive Officer so that the latter is  ex officio the chairperson of the Food Advisory Committee.  Item 24K makes a similar amendment to paragraph 42(4)(e) so that “other members” of the Food Advisory Committee are appointed by the Chief Executive Officer.

 

Item 24L inserts into the Act new Division 2 of Part 4, “The Chief Executive Officer”, consisting of  sections 52A to 52G.

 

New subsection 52A provides for the appointment of a Chief Executive Officer of the Authority on a full-time basis.

 

New subsection 52B provides that the Chief Executive Officer shall be responsible for the day to day administration of the Authority and the control of its operations and is to act in accordance with any policies determined and directions given in writing by the Authority.

 

New subsection 52C enables the Chief Executive Officer to delegate any of his or her functions or powers to staff members of the Authority.

 

New subsection 52D provides that the Chief Executive Officer is to be paid remuneration as determined by the Remuneration Tribunal, or in default as determined in writing by the Minister;  and allowances as determined in writing by the Minister.

 

New subsection 52E provides that the Chief Executive Officer may resign by written resignation to the Minister.



 

New subsection 52F provides that the Minister may determine in writing the terms and conditions under which Chief Executive Officer holds office,  including in relation to termination of the Chief Executive Officer's appointment.

 

New subsection 52G   provides for the appointment by the Minister of an Acting Chief Executive Officer during any vacancy or when he or she is absent from duty or Australia or unable for any reason to perform the duties of the office.  It preserves the validity of anything done by the acting Chief Executive Officer notwithstanding any of the  specified technical defects in relation to the appointment.

 

 

Item 24M inserts into the Act a heading to newly identified Division 3 of Part 4 “Staff and Consultants”.

 

Clause (6)   inserts items 25A and 25B into Schedule 1 to the Bill.

 

Items 25A and 25B replace references to the Chairperson with references to the Chief Executive Officer in subsection 53(2) of the Act which presently  provides that the Chairperson has all the powers of a Secretary under the Public Service Act 1922 in relation to the staff of the Authority as if they constituted a Department of the Australian Public Service.   Subsection 53(2) would  be replaced by a new subsection 53(2) provided for in the Public Employment (Consequential and Transitional) Amendment Bill 1997 which contains references to the Chairperson.  In the event that the latter commences after the amendment brought about by item 25A, its effect will be restored through the duplicate operation of item 25B which would then commence.

 

Clause (7)  inserts items 26A and 26B into Schedule 1 to the Bill.

 

Items 26A and 26B amend section 54 of the Act which permits the Authority to engage consultants on terms and conditions determined by the Authority.  The amendment confers relevant functions on the Chief Executive Officer acting on behalf of the Authority.

 

Clause (8) omits item 27 from Schedule 1 to the Bill which is dependent upon the amendment in item 31 which is omitted by clause (11).

 

Clause (9) inserts Item 29A into Schedule 1 to the Bill to amend section 65A of the Act which provides for the charging of fees for services provided to New Zealand as agreed between the Chairperson and the New Zealand Minister.  The reference to Chairperson is replaced by a reference to the Authority.

 

Clause (10) omits item 30 from Schedule 1 to the Bill which would repeal subsections 66(5) and 66(6) of the Act of new section 66 dealing with the ability of the Authority to fix charges for its services as contained in the Australia New Zealand Food Authority Amendment Bill 1996 the commencement of which is not expected to precede the commencement of  the enacted Bill.



 

Clause (11) omits item from Schedule 1 to the Bill which would insert new 66A, 66B, and 66C into Act dealing with aspects of charges levied by the Authority under new section 66 as contained in the Australia New Zealand Food Authority Amendment Bill 1996 the commencement of which is not expected to precede the commencement of the enacted Bill.

 

Clause (12) inserts items 33 and 34 which are transitional in nature into Schedule 1 to the Bill.

 

Item 33 clarifies that the amendment made to subsection 40(7) of the Act by item 24I applies to members of the Authority, including the Chairperson, holding office on the commencement of  item 24I as well as to members appointed subsequently.

 

Item 34 is a transitional provision preserving the validity of actions taken before the commencement of the provisions creating the office of Chief Executive Officer in reliance on  powers of the Chairperson or the Authority under section 39 (confidential commercial information),  section 53 (staffing matters), section 53A (employment of non-Public Service staff),  or section 54 (engagement of consultants).  These sections would refer to the Chief Executive Officer in place of the Chairperson.  The item also preserves the appointments of any members of the Food Advisory Committee appointed by the Chairperson under paragraph 42(4)(e) of the Act notwithstanding that such appointments will in future be made by the Chief Executive Officer.  The provision also preserves the effect of any agreement under section 65A of the Act on fees for services provided by the Authority to New Zealand.  The amended  section would refer to such agreements being made by the Authority in place of the Chairperson.