Commonwealth Consolidated Acts

FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991 - SECT 82

  (1)   The APVMA may vary the Maximum Residue Limits Standard to include or change a permitted maximum residue limit to cover the chemical product.

Variation is a legislative instrument

  (2)   A variation made under subsection   (1) is a legislative instrument.

Note 1:   Section   42 (disallowance) of the Legislation Act 2003 does not apply to the variation: see subsection   44(1) of that Act.

Note 2:   Part   4 of Chapter   3 (sunsetting) of the Legislation Act 2003 does not apply to the variation: see subsection   54(1) of that Act.

Proposed variation

  (3)   Before making a variation under subsection   (1), the APVMA must notify the Authority of a proposed variation.

Dietary exposure assessment

  (4)   The Authority must:

  (a)   prepare a dietary exposure assessment of the proposed variation and give a copy of the assessment to the APVMA and the Forum on Food Regulation; or

  (b)   if, with the Authority's agreement, a dietary exposure assessment of the proposed variation is prepared by another person or body:

  (i)   review the assessment and prepare comments on the assessment (including comments relating to the dietary exposure risk of the proposed variation); and

  (ii)   give a copy of the assessment to the Forum and, if the assessment is not prepared by the APVMA, give a copy of the assessment to the APVMA; and

  (iii)   give a copy of the comments on the assessment to the APVMA and the Forum.

  (5)   Before making a variation under subsection   (1), the APVMA must:

  (a)   if paragraph   (4)(a) applies--consider the assessment; or

  (b)   if paragraph   (4)(b) applies--consider the assessment and the comments on the assessment referred to in that paragraph.

APVMA to give the Authority a copy of the variation

  (6)   The APVMA must give a copy of a variation made under subsection   (1) to the Authority.

Gazettal

  (7)   In addition to the requirement under the Legislation Act 2003 for a variation made under subsection   (1) to be registered, the APVMA must cause a copy of the variation to be published in the Gazette .

When variation commences

  (8)   Despite subsection   12(1) of the Legislation Act 2003 , a variation made under subsection   (1) of this section commences on the day a copy of the variation is published as mentioned in subsection   (7) of this section.