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FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991 - SECT 101

Re - affirm the standard or variation or propose changes

  (1)   After the submission period, and in any event within 12 months after the standard or variation takes effect, the Authority must:

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

  (b)   prepare a proposal under section   55 for the development of:

  (i)   the variation, or further variation, of the relevant standard; or

  (ii)   a replacement standard.

Note:   The Board must not delegate its powers to act on behalf of the Authority under this subsection--see section   150.

  (2)   In making a decision under subsection   (1), the Authority must take into account all submissions made during the submission period.

  (3)   Within 10 business days after making a decision under subsection   (1), the Authority must give the Forum on Food Regulation written notice of its decision, and include with that notice a report prepared in accordance with subsection   (4).

  (4)   The report must include each of the following:

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

  (b)   a copy of the declaration under section   95;

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

  (d)   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;

  (e)   the Authority's responses to the issues raised in those submissions;

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

  (g)   if applicable--a Regulation Impact Statement in relation to the standard or variation.

  (5)   If the Authority notifies the Forum on Food Regulation that the Authority has re - affirmed a standard or variation of a standard, the Forum may direct the Authority to give the Forum such information as the Forum reasonably requires for the purpose of assisting the Forum to make a decision about the standard or variation under section   102.



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