Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) In this Act, unless the contrary intention appears:
"Agvet Code" means the Code set out in the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994 of the Commonwealth.
"appropriate government agency" means:
(a) the relevant Department of State of the Commonwealth, a State, a Territory or New Zealand administered by a Minister who is a member of the Forum on Food Regulation; or
(b) any other body that has an officer on the Food Regulation Standing Committee; or
(c) any other body or officer of the Commonwealth, a State, a Territory or New Zealand that the Authority considers has a particular interest in the relevant matter.
"APVMA" means the Australian Pesticides and Veterinary Medicines Authority continued in existence by section 6 of the Agricultural and Veterinary Chemicals (Administration) Act 1992 .
"Australia New Zealand Food Standards Code" means the code published under the name Food Standards Code in the Gazette on 27 August 1987 together with any amendments of the standards in that code:
(a) approved by a former Council before this Act commenced and published in the Gazette as forming part of that code; or
(b) made under this Act.
"Australia New Zealand Joint Food Standards Agreement" means the Agreement between the Government of Australia and the Government of New Zealand Establishing a System for the Development of Joint Food Standards, signed at Wellington on 5 December 1995, as amended in accordance with Article 10 of that Agreement.
"Authority" means Food Standards Australia New Zealand.
"Board" means the Board of the Authority.
"business day" means a day that is not:
(a) a Saturday; or
(b) a Sunday; or
(c) a public holiday in the Australian Capital Territory or in Wellington, New Zealand.
"Chief Officer" means:
(a) in relation to a Commonwealth, State, Territory or New Zealand authority--the person who has the responsibility of Executive Officer or Chief Executive Officer of that authority (whether the person is a member of that authority or not); and
(b) in relation to any other authority or body--the person who has the responsibility for the day to day management of that authority or body.
"code of practice" means a code of practice developed by the Authority under Part 3. However, a code of practice is not a standard.
"Commonwealth authority" means a body, whether corporate or not, established by the Commonwealth, or by or under a law of the Commonwealth.
"confidential commercial information" , in relation to food, means:
(a) a trade secret relating to food; or
(b) any other information relating to food that has a commercial value that would be, or could reasonably be expected to be, destroyed or diminished if the information were disclosed.
"develop" , in relation to a food regulatory measure or a variation of a food regulatory measure, includes:
(a) prepare a draft of the measure or variation; and
(b) approve a draft of the measure or variation.
"exclusive capturable commercial benefit" has the meaning given by section 8.
"Finance Minister" means the Minister administering the Public Governance, Performance and Accountability Act 2013.
"food" has the meaning given by section 5.
"Food Regulation Agreement" means the Food Regulation Agreement, as amended from time to time:
(a) that is between the Commonwealth, the States, the Northern Territory and the Australian Capital Territory; and
(b) that was first made on 3 November 2000 or that was made:
(i) in substitution for that agreement; or
(ii) in substitution for a prior substituted agreement.
"Food Regulation Standing Committee" means the Committee established under the Food Regulation Agreement.
"food regulatory measure" means a standard or a code of practice.
"former Council" means:
(a) the Council of Commonwealth, State and Territory Ministers that was established in 1986 by agreement between the Commonwealth, the States and the Northern Territory and is known as the National Food Standards Council; or
(b) if that Council was reconstituted but continued in existence under that name by agreement between the Commonwealth, the States, the Northern Territory and the Australian Capital Territory, whether entered into before or after this Act commences--that Council as so reconstituted and continued in existence; or
(c) if that Council was reconstituted but continued in existence under the name Australia New Zealand Food Standards Council by agreement between the Commonwealth, the States, the Northern Territory and the Australian Capital Territory--that Council as so reconstituted and continued in existence.
"Forum on Food Regulation" means the Australia and New Zealand Ministerial Forum on Food Regulation established by the Food Regulation Agreement.
"general procedure" means:
(a) in relation to the consideration of an application--the procedure set out in Subdivision D of Division 1 of Part 3; and
(b) in relation to the consideration of a proposal--the procedure set out in Subdivision D of Division 2 of Part 3.
"High Level Health Claims Committee" means a committee established under subsection 118(1A) to give advice on applications or proposals to make a high level health claims variation.
"high level health claims variation" means a variation, the only effect of which is to make a change to the list of high level health claims, as defined for the purposes of the Nutrition, Health and Related Claims Standard, that may be made under that standard.
"Maximum Residue Limits Standard" means the Maximum Residue Limits Standard as in force from time to time, or any standard in force in substitution for that standard.
"member" means a member of the Board and includes the Chairperson and the Chief Executive Officer.
"New Zealand authority" means a body (whether corporate or not) established by New Zealand, or by or under a law of New Zealand.
"New Zealand lead Minister on the Forum on Food Regulation" means the Minister of the government of New Zealand who is:
(a) a member of the Forum on Food Regulation; and
(b) nominated by the government of New Zealand to be the New Zealand lead Minister on the Forum on Food Regulation.
"Nutrition, Health and Related Claims Standard" means the Nutrition, Health and Related Claims Standard as in force from time to time, or any standard in force in substitution for that standard.
"policy guideline" means a guideline formulated by the Forum on Food Regulation for the purposes of paragraph 18(2)(e).
"prepare" includes process, manufacture and treat.
"produce" includes prepare.
"public notice" has the meaning given by section 7.
"standard" means:
(aa) a standard made under this Act after the commencement of Part 1 of Schedule 1 to the Australia New Zealand Food Authority Amendment Act 2001 ; or
(a) a standard that has been adopted, or taken to have been adopted, by a former Council under this Act before the commencement of Part 1 of Schedule 1 to the Australia New Zealand Food Authority Amendment Act 2001 ; or
(b) a standard that is included in the Australia New Zealand Food Standards Code.
However, neither of the following is taken to be part of a standard:
(c) text identified as an editorial note;
(d) text identified as an example.
"State or Territory authority" means a body, whether corporate or not, established by a State or Territory, or by or under a law of a State or Territory.
"Territory" means the Australian Capital Territory and the Northern Territory.
"trust money" means money received or held by the Authority on trust.
(3) A reference in the definition of Australia New Zealand Food Standards Code in subsection (1) to the amendment of the standards in that code includes, and is taken always to have included, a reference to an amendment by way of the insertion, revocation or substitution of a standard in that code.
(4) A reference in this Act to the variation of a food regulatory measure includes, and is taken always to have included, a reference to the revocation of a food regulatory measure.