Commonwealth Consolidated Acts

FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991 - SECT 41

  (1)   Sections   32, 33, 34 and 35 do not apply.

  (2)   However, after the submission period, the Authority must:

  (a)   do one of the following:

  (i)   approve the draft variation;

  (ii)   approve the draft variation subject to such amendments as the Authority considers necessary;

  (iii)   reject the draft variation; and

  (b)   prepare a report under this section.

Note:   The Board must not delegate its powers to act on behalf of the Authority under paragraph   (a)--see section   150.

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

  (a)   the reasons for initially accepting the application;

  (b)   a summary of the results of the Authority's assessment of the application;

  (c)   the Authority's reasons for approving or rejecting the draft variation;

  (d)   a copy of the draft variation.

  (4)   If the draft variation is of a standard and the Authority approves the draft variation, the Authority must, within 10 business days after the approval:

  (a)   give the Forum on Food Regulation:

  (i)   a written notification of the approval; and

  (ii)   a copy of the report prepared by the Authority under this section; and

  (b)   give public notice of the approval, together with information about where further information about the draft variation may be obtained; and

  (c)   publish a notice on the Authority's website that states:

  (i)   that the draft variation has been approved; and

  (ii)   that the Forum has been notified that the draft variation has been approved; and

  (iii)   that the Forum may request the Authority to review the draft variation under Division   3; and

  (iv)   where further information about the draft variation may be obtained.

  (5)   If the Authority has notified the Forum on Food Regulation under subsection   (4), 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 draft under Division   3.

Note:   The process followed by the Forum on Food Regulation after receiving notification under this section is set out in Division   3.