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Prepared by the Office of Parliamentary Counsel, Canberra
Food Standards Australia New Zealand
Regulations 1994
Statutory Rules No. 286, 1994
made under the
Food Standards Australia New Zealand Act 1991
Compilation No. 11
Compilation date: 1 July 2019
Includes amendments up to: F2019L00422
Registered: 16 July 2019
Authorised Version F2019C00557 registered 16/07/2019
About this compilation
This compilation
This is a compilation of the Food Standards Australia New Zealand Regulations 1994 that
shows the text of the law as amended and in force on 1 July 2019 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending
laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any
uncommenced amendments affecting the law are accessible on the Legislation Register
(www.legislation.gov.au). The details of amendments made up to, but not commenced at, the
compilation date are underlined in the endnotes. For more information on any uncommenced
amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an
application, saving or transitional provision that is not included in this compilation, details are
included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the
modification does not amend the text of the law. Accordingly, this compilation does not show
the text of the compiled law as modified. For more information on any modifications, see the
series page on the Legislation Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the
law, details are included in the endnotes.
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Food Standards Australia New Zealand Regulations 1994 i
Compilation No. 11 Compilation date: 1/7/19 Registered: 16/7/19
Contents
Part 1—Preliminary 1 1 Name of Regulations ......................................................................... 1 2 Definitions ........................................................................................ 1
Part 2—Commercial confidential information 4 6 Authorities to which confidential commercial information
may be disclosed ............................................................................... 4
Part 3—Nominations for Board members 5 6A Organisations and public bodies from which nominations for
Board members may be sought ......................................................... 5
Part 4—Charges 8 6B Scope of this Part .............................................................................. 8 7 Classification of application on basis of procedure and
variable work .................................................................................... 8 8 Charges ............................................................................................. 9 8A Paying charges under subregulation 8(2) by instalments ................ 11 8B Second instalment for certain withdrawn or rejected
applications ..................................................................................... 12 9 Refunds ........................................................................................... 12
Part 5—Time for considering applications 14 11 Period within which consideration of applications for
standards or variations must be complete........................................ 14
Part 6—Application and transitional provisions 15 12 Application of the Food Standards Australia New Zealand
Amendment (High Level Health Claims and Other
Measures) Regulation 2015 ............................................................ 15 13 Application of amendments made by the Food Standards
Australia New Zealand Amendment (Charges)
Regulations 2019 ............................................................................ 15
Endnotes 16
Endnote 1—About the endnotes 16
Endnote 2—Abbreviation key 17
Endnote 3—Legislation history 18
Endnote 4—Amendment history 19
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Preliminary Part 1
Regulation 1
Food Standards Australia New Zealand Regulations 1994 1
Compilation No. 11 Compilation date: 1/7/19 Registered: 16/7/19
Part 1—Preliminary
1 Name of Regulations
These Regulations are the Food Standards Australia New Zealand
Regulations 1994.
2 Definitions
In these Regulations:
Act means the Food Standards Australia New Zealand Act 1991.
administrative costs of the Authority for an application means the total of:
(a) the amounts (however described) that are payable by the Authority for
things required by a law of the Commonwealth to be done in connection
with the application, except amounts payable for the services of Authority
personnel doing work; and
(b) if the application is for a high level health claims variation—the costs of
the High Level Health Claims Committee:
(i) considering whether to make recommendations relating to the
application or a draft high level health claims variation resulting from
the application; and
(ii) formulating and making any such recommendations.
Agriculture Department means the Department administered by the Minister
administering the Imported Food Control Act 1992.
application means an application made under section 22 of the Act.
application consideration process means the process undertaken by the
Authority in relation to the application under:
(a) Part 3 of the Act, other than the Authority’s dealings with the Forum on
Food Regulation; and
(b) any other Commonwealth law.
Note: An example for paragraph (b) is a law that requires a new standard to be registered.
Authority personnel: the following are Authority personnel:
(a) a member;
(b) a person:
(i) who holds a position or classification as a member of the staff of the
Authority described in any of items 4 to 16 of the table in the
definition of Authority personnel variable work cost; or
(ii) whose variable work on an application is treated as if the person were
a member of the staff of the Authority and held such a position or
classification.
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Part 1 Preliminary
Regulation 2
2 Food Standards Australia New Zealand Regulations 1994
Compilation No. 11 Compilation date: 1/7/19 Registered: 16/7/19
Note 1: Paragraph (a) and subparagraph (b)(i) cover both substantive holders of the offices and
positions mentioned and persons acting in those offices and positions: see section 20 of
the Acts Interpretation Act 1901 (applying because of subsection 13(1) of the
Legislation Act 2003).
Note 2: A person covered by subparagraph (b)(ii) may be a consultant engaged under
section 136 of the Act or a person whose services are made available to the Authority
under an arrangement under section 137 of the Act.
Authority personnel variable work cost for an application is the sum of each
amount that is the product of:
(a) the number of hours spent, by Authority personnel to whom column 1 of an
item of the following table relates, on variable work on the application; and
(b) the hourly amount in column 2 of the item.
Persons and rates for working out Authority personnel variable work cost
Item Column 1
Office, position or classification of Authority personnel
Column 2
Hourly amount
1 Chairperson of the Board $435
2 Member (except the Chairperson of the Board and the Chief Executive
Officer of the Authority)
$420
3 Chief Executive Officer of the Authority $288
4 SES officer $220
5 Principal research scientist $182
6 Executive Officer Level 2.6 or Legal 2 $164
7 Executive Officer Level 2.5 $161
8 Executive Officer Level 2.4 $156
9 Executive Officer Level 2.3 $152
10 Executive Officer Level 2.2 or Legal 1.9 $145
11 Executive Officer Level 2.1 $138
12 Executive Officer Level 1.3 or Legal 1.8 $133
13 Executive Officer Level 1.2 $128
14 Executive Officer Level 1.1 or Legal 1.7 $122
15 APS 6 or Legal 1.6 $114
16 APS 1, 2, 3, 4 or 5 or Legal 1.1, 1.2, 1.3, 1.4 or 1.5 $100
Foreign Affairs Department means the Department administered by the
Minister administering the Diplomatic Privileges and Immunities Act 1967.
general procedure level 1 application means an application that the Authority
has classified as a general procedure level 1 application under regulation 7.
general procedure level 2 application means an application that the Authority
has classified as a general procedure level 2 application under regulation 7.
general procedure level 3 application means an application that the Authority
has classified as a general procedure level 3 application under regulation 7.
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Regulation 2
Food Standards Australia New Zealand Regulations 1994 3
Compilation No. 11 Compilation date: 1/7/19 Registered: 16/7/19
general procedure level 4 application means an application that the Authority
has classified as a general procedure level 4 application under regulation 7.
general procedure level 5 application means an application that the Authority
has classified as a general procedure level 5 application under regulation 7.
Health Department means the Department administered by the Minister
administering the Act.
high level health claims procedure level 1 application means an application that
the Authority has classified as a high level health claims procedure level 1
application under regulation 7.
high level health claims procedure level 2 application means an application that
the Authority has classified as a high level health claims procedure level 2
application under regulation 7.
high level health claims procedure level 3 application means an application that
the Authority has classified as a high level health claims procedure level 3
application under regulation 7.
high level health claims procedure level 4 application means an application that
the Authority has classified as a high level health claims procedure level 4
application under regulation 7.
high level health claims procedure level 5 application means an application that
the Authority has classified as a high level health claims procedure level 5
application under regulation 7.
Industry Department means the Department administered by the Minister
administering the Industry Research and Development Act 1986.
major procedure application means an application that the Authority has
classified as a major procedure application under regulation 7.
proposal means a proposal prepared under section 55 of the Act.
Treasury Department means the Department administered by the Treasurer.
variable work on an application means work for the Authority for the purposes
of the Authority complying with any of the following provisions of the Act
(applying of their own force or because of another provision of the Act):
(a) section 29 (assessing the application);
(b) paragraph 33(1)(b) and subsections 33(2) and (3) (preparing a report
relating to the application having regard to public submissions relating to a
draft food regulatory measure, or a draft variation of such a measure,
prepared in response to the application);
(c) section 45 (having regard to public submissions relating to the application);
(d) paragraph 52(1)(b) and subsection 52(2) (preparing a report relating to an
application for a high level health claims variation).
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Part 2 Commercial confidential information
Regulation 6
4 Food Standards Australia New Zealand Regulations 1994
Compilation No. 11 Compilation date: 1/7/19 Registered: 16/7/19
Part 2—Commercial confidential information
6 Authorities to which confidential commercial information may be disclosed
(1) For paragraph 114(4)(b) of the Act, the following Commonwealth authorities are
prescribed:
(a) the Agriculture Department;
(b) the Foreign Affairs Department;
(c) the Health Department;
(d) the Industry Department;
(e) the Treasury Department.
(2) For paragraph 114(4)(b) of the Act, the following State or Territory authorities
are prescribed:
(a) the Department of State of each State or Territory that is primarily
responsible for public health in that State or Territory;
(b) the Department of State of each State and Territory that is primarily
responsible for primary industries in that State or Territory;
(c) NSW Food Authority;
(d) the Department of State of Victoria that is primarily responsible for the
food and beverage industry;
(e) Safe Food Production QLD.
(3) For paragraph 114(4)(b) of the Act, the following New Zealand authorities are
prescribed:
(a) the Department of State of New Zealand that is primarily responsible for
public health;
(b) the Department of State of New Zealand that is primarily responsible for
primary industries;
(c) Environment Protection Authority.
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Nominations for Board members Part 3
Regulation 6A
Food Standards Australia New Zealand Regulations 1994 5
Compilation No. 11 Compilation date: 1/7/19 Registered: 16/7/19
Part 3—Nominations for Board members
6A Organisations and public bodies from which nominations for Board
members may be sought
Australian science and public health organisations and bodies
(1) For paragraph 116(3)(b) of the Act, an Australian organisation or public body
mentioned in an item in the following table is prescribed for the purposes of each
subparagraph of paragraph 116(3)(a) of the Act mentioned in that item.
Australian science and public health organisations and bodies
Item Organisation or body Subparagraph of paragraph 116(3)(a)
1 Australian Academy of Science Subparagraph (vi)
2 Australian Institute of Environmental Health Subparagraphs (i), (iii), (vii) and (viii)
3 Australian Medical Association Subparagraphs (i) and (vi)
4 Australian Society for Biochemistry and
Molecular Biology
Subparagraphs (vi), (vii) and (ix)
5 Australian Veterinary Association Subparagraph (x)
6 CHOICE Subparagraphs (i) and (ii)
7 Consumers Health Forum of Australia Subparagraphs (i) and (ii)
8 Dietitians Association of Australia Subparagraphs (i), (iii), (iv), (v) and (viii)
9 Food Science Australia Subparagraphs (iii), (iv), (v), (vii) and (viii)
10 National Aboriginal Community Controlled
Health Organisation
Subparagraphs (i) and (ii)
11 Nutrition Australia Subparagraphs (i), (ii) and (v)
12 Nutrition Society of Australia (Inc) Subparagraphs (iii), (iv), (v) and (viii)
13 Public Health Association of Australia Subparagraphs (i), (ii), (iii), (iv), (v) and
(viii)
14 Royal Australian Chemical Institute
Incorporated
Subparagraph (iii)
15 The Australian Institute of Food Science and
Technology Incorporated
Subparagraphs (i), (iii), (vi), (v), (vii) and
(viii)
16 The Australian Society for Microbiology Subparagraph (vii)
17 The Royal Australasian College of
Physicians (Faculty of Public Health
Medicine)
Subparagraphs (i), (v) and (vi)
New Zealand science and public health organisations and bodies
(2) For paragraph 116(3)(b) of the Act, an organisation or public body of New
Zealand mentioned in an item in the following table is prescribed for the
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Part 3 Nominations for Board members
Regulation 6A
6 Food Standards Australia New Zealand Regulations 1994
Compilation No. 11 Compilation date: 1/7/19 Registered: 16/7/19
purposes of each subparagraph of paragraph 116(3)(a) of the Act mentioned in
that item.
New Zealand science and public health organisations and bodies
Item Organisation or body Subparagraph of paragraph 116(3)(a)
1 Consumer NZ Subparagraphs (ii), (v) and (viii)
2 Dietitians NZ Subparagraphs (i), (ii), (iii), (iv), (v) and
(viii)
3 Health Research Council of New Zealand Subparagraphs (i), (iv), (v), (vi), (vii) and
(ix)
4 Maori Women’s Welfare League Inc Subparagraphs (i), (ii) and (viii)
5 National Council of Women of New Zealand Subparagraph (ii)
6 New Zealand Medical Association Subparagraphs (i) and (vi)
7 NZ Nutrition Foundation Subparagraphs (v), (vi) and (viii)
8 NZBIO Subparagraph (ix)
9 Public Health Association of New Zealand
Inc
Subparagraphs (i), (ii), (iii), (iv), (v), (vi),
(vii), (viii) and (ix)
10 Science New Zealand Subparagraphs (i), (ii), (iii), (vi), (vii), (viii)
and (ix)
11 The New Zealand Institute of Food Science
and Technology Inc
Subparagraphs (iii), (viii) and (ix)
12 The Royal Australasian College of
Physicians, New Zealand Committee,
Faculty of Public Health Medicine
Subparagraphs (i), (v) and (vi)
13 The Royal Society of New Zealand Subparagraphs (vii) and (ix)
Australian food industry organisations and bodies
(3) For paragraph 116(4)(b) of the Act, an Australian organisation or public body
mentioned in an item in the following table is prescribed for the purposes of each
subparagraph of paragraph 116(4)(a) of the Act mentioned in that item.
Australian food industry organisations and bodies
Item Organisation or body Subparagraph of paragraph 116(4)(a)
1 Australian Chamber of Commerce and
Industry
Subparagraphs (i), (ii), (iv), (vi) and (vii)
2 Australian Food and Grocery Council Subparagraphs (i), (ii), (v), (vi) and (vii)
3 Australian Hotels Association Subparagraphs (i), (iv), (vi) and (vii)
4 Council of Small Business Australia Subparagraphs (iv) and (vi)
5 National Association of Retail Grocers of
Australia Pty Ltd
Subparagraphs (ii) and (iv)
6 National Farmers’ Federation Limited Subparagraphs (iii), (iv), (v) and (vi)
7 Restaurant and Catering Australia Subparagraphs (i), (iv), (vi) and (vii)
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Regulation 6A
Food Standards Australia New Zealand Regulations 1994 7
Compilation No. 11 Compilation date: 1/7/19 Registered: 16/7/19
Australian food industry organisations and bodies
Item Organisation or body Subparagraph of paragraph 116(4)(a)
8 The Australian Industry Group Subparagraphs (i), (iv), (v), (vi) and (vii)
9 The Australian Retailers Association Subparagraphs (i), (ii), (iv), (vi) and (vii)
New Zealand food industry organisations and bodies
(4) For paragraph 116(4)(b) of the Act, an organisation or public body of New
Zealand mentioned in an item in the following table is prescribed for the
purposes of each subparagraph of paragraph 116(4)(a) of the Act mentioned in
that item.
New Zealand food industry organisations and bodies
Item Organisation or body Subparagraph of paragraph 116(4)(a)
1 New Zealand Food and Grocery Council Subparagraphs (i), (ii), (iv), (v), (vi) and (vii)
2 New Zealand Retailers Association Subparagraph (ii)
3 The Grocery Retailers Association Subparagraphs (i), (ii) and (iv)
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Part 4 Charges
Regulation 6B
8 Food Standards Australia New Zealand Regulations 1994
Compilation No. 11 Compilation date: 1/7/19 Registered: 16/7/19
Part 4—Charges
6B Scope of this Part
This Part applies in relation to an application if:
(a) the applicant has elected to have the consideration of the application
expedited; or
(b) the application is to develop or vary a standard and the development or
variation of the standard would confer an exclusive capturable commercial
benefit on the applicant.
7 Classification of application on basis of procedure and variable work
(1) If the Authority accepts an application under section 26 or 47 of the Act, the
Authority must:
(a) estimate the total number of person-hours of variable work by Authority
personnel on the application; and
(b) classify the application in accordance with the estimate and the following
table; and
(c) if the estimate is more than 680 person-hours—also estimate the number of
those person-hours for each kind of office, position or classification.
Classification of application
Item Column 1
Procedure for considering
application
Column 2
Estimated total number of
person-hours of variable
work
Column 3
Classification
1 General procedure Not more than 240 General procedure level 1
application
2 General procedure More than 240, but not more
than 380
General procedure level 2
application
3 General procedure More than 380, but not more
than 540
General procedure level 3
application
4 General procedure More than 540, but not more
than 680
General procedure level 4
application
5 General procedure More than 680 General procedure level 5
application
6 Subdivision F of Division 1
of Part 3 of the Act
Any number Major procedure application
7 Subdivision G of Division 1
of Part 3 of the Act
Not more than 240 High level health claims
procedure level 1 application
8 Subdivision G of Division 1
of Part 3 of the Act
More than 240, but not more
than 380
High level health claims
procedure level 2 application
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Regulation 8
Food Standards Australia New Zealand Regulations 1994 9
Compilation No. 11 Compilation date: 1/7/19 Registered: 16/7/19
Classification of application
Item Column 1
Procedure for considering
application
Column 2
Estimated total number of
person-hours of variable
work
Column 3
Classification
9 Subdivision G of Division 1
of Part 3 of the Act
More than 380, but not more
than 540
High level health claims
procedure level 3 application
10 Subdivision G of Division 1
of Part 3 of the Act
More than 540, but not more
than 680
High level health claims
procedure level 4 application
11 Subdivision G of Division 1
of Part 3 of the Act
More than 680 High level health claims
procedure level 5 application
Note: The classification of an application affects the charge payable for considering it and
whether the charge may be paid in instalments.
(2) The Authority must give the applicant written notice of:
(a) the classification of the application; and
(b) if the application is classified as:
(i) a general procedure level 5 application; or
(ii) a major procedure application; or
(iii) a high level health claims procedure level 5 application;
the amount of the charge under subregulation 8(2) for the application.
(3) This regulation does not apply to an application if the procedure for considering
the application is described in Subdivision E of Division 1 of Part 3 of the Act
(about minor variations).
8 Charges
(1) For the purposes of subsection 146(1) of the Act, this regulation fixes charges to
be paid by the applicant for the Authority’s services relating to an application.
Basic charge
(2) The charge for an application described in column 1 of an item of the following
table is the sum of:
(a) the amounts described in columns 2 and 3 of the item; and
(b) $19,470.
Charges relating to applications
Item Column 1
Application
Column 2
Variable component
Column 3
Administrative
component
1 General procedure
level 1 application
$36,912 $1,000
2 General procedure
level 2 application
$58,444 $1,000
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Regulation 8
10 Food Standards Australia New Zealand Regulations 1994
Compilation No. 11 Compilation date: 1/7/19 Registered: 16/7/19
Charges relating to applications
Item Column 1
Application
Column 2
Variable component
Column 3
Administrative
component
3 General procedure
level 3 application
$83,052 $1,000
4 General procedure
level 4 application
$104,584 $1,000
5 General procedure
level 5 application
The total of:
(a) $104,584; and
(b) if, on the basis of the estimates under
regulation 7, the Authority personnel variable
work cost for the application is expected to
exceed $104,584—the excess
$1,000
6 Major procedure
application
The total of:
(a) $174,930; and
(b) if, on the basis of the estimates under
regulation 7, the Authority personnel variable
work cost for the application is expected to
exceed $174,930—the excess
$1,000
7 High level health
claims procedure
level 1 application
$36,912 $4,000
8 High level health
claims procedure
level 2 application
$58,444 $4,000
9 High level health
claims procedure
level 3 application
$83,052 $4,000
10 High level health
claims procedure
level 4 application
$104,584 $4,000
11 High level health
claims procedure
level 5 application
The total of:
(a) $104,584; and
(b) if, on the basis of the estimates under
regulation 7, the Authority personnel variable
work cost for the application is expected to
exceed $104,584—the excess
$4,000
Extra charge for high administrative costs
(3) Also, if:
(a) the administrative costs of the Authority for the application exceed the
amount described in column 3 of the relevant item of the table in
subregulation (2); and
(b) the Authority notifies the applicant of the excess and its amount;
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Regulation 8A
Food Standards Australia New Zealand Regulations 1994 11
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there is a charge equal to the excess. The charge is due and payable 30 days after
the applicant is notified.
8A Paying charges under subregulation 8(2) by instalments
Which charges may be paid by instalments
(1) For the purposes of subsection 146(1A) of the Act, a charge under
subregulation 8(2) for any of the following applications may be paid by
instalments in accordance with this regulation:
(a) a general procedure level 3 application, a general procedure level 4
application or a general procedure level 5 application;
(b) a major procedure application;
(c) a high level health claims level 3 application, a high level health claims
level 4 application or a high level health claims level 5 application.
First instalment
(2) The first instalment is:
(a) 75% of the charge; or
(b) for a major procedure application—25% of the charge.
Note: Sections 27, 28, 48, 49 and 109 of the Act deal with the timing of payment of the first
instalment and the effects of not paying the instalment on time.
Second instalment
(3) The second instalment is the rest of the charge.
(4) The second instalment is due:
(a) at the end of the submission period described in paragraph 31(2)(c) of the
Act (applying of its own force or because of section 43 of the Act) relating
to the application; or
(b) if the application is for a high level health claims variation and the
applicant has made an election under section 51 of the Act—at the end of
the submission period described in paragraph 51(3)(c) of the Act; or
(c) if the application is for a high level health claims variation and the
applicant has not made an election under section 51 of the Act—20
business days after a notice is given to the applicant under
subregulation (5) in relation to the application.
Note: If the second instalment is not paid when it is due, the consideration period for
completing the procedure under Subdivision D, F or G of Division 1 of Part 3 of the
Act for considering the application stops running under subsection 109(7) of the Act
while the instalment remains unpaid.
(5) For the purposes of paragraph (4)(c), when the Authority considers that it is
appropriate for the second instalment to be paid, given the stage that the process
of dealing with the application has reached, the Authority must give the applicant
written notice that the applicant must pay the second instalment.
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Part 4 Charges
Regulation 8B
12 Food Standards Australia New Zealand Regulations 1994
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8B Second instalment for certain withdrawn or rejected applications
(1) For the purposes of subsection 146(1A) of the Act, this regulation applies,
despite subregulations 8A(3) and (4), to an application described in
subregulation 8A(1) that:
(a) is withdrawn under section 24 of the Act before the Authority makes a
decision relating to the application under whichever of the following
subsections of the Act applies in relation to the application (of its own
force or because of section 43 of the Act):
(i) subsection 33(1);
(ii) subsection 35(1);
(iii) subsection 52(1); or
(b) is rejected by the Authority under paragraph 30(1)(b) or
subparagraph 52(1)(a)(ii) of the Act (applying of its own force or because
of section 43 of the Act).
(2) The second instalment is:
(a) if the Authority personnel variable work cost for the application,
immediately before notice of the withdrawal is given to the Authority or
notice of the rejection is given to the applicant, exceeds the amount of the
first instalment attributable to column 2 of the relevant item of the table in
subregulation 8(2) (variable component)—the excess; or
(b) if paragraph (a) does not apply—nil.
(3) The Authority must give the applicant a written notice that sets out the amount
(if any) of the second instalment.
(4) The second instalment is (if more than nil) due and payable 20 business days
after the day the notice of withdrawal or rejection is given.
9 Refunds
(1) This regulation:
(a) specifies, for the purposes of subsection 149(2) of the Act, circumstances
in which a refund of charge under section 146 of the Act paid by an
applicant for an application is to be made; and
(b) provides, for the purposes of subsections 24(2), 110(3) and 149(2) of the
Act, for the calculation of the amount of the refund.
(2) The refund is to be made (whether or not subsection 24(2) or 110(3) of the Act
applies) if either or both of the following apply:
(a) the amount of the charge paid that is attributable to column 2 of the
relevant item of the table in subregulation 8(2) (variable component)
exceeds the Authority personnel variable work cost for the application;
(b) the amount of the charge paid that is attributable to column 3 of the
relevant item of the table in subregulation 8(2) (administrative component)
exceeds the administrative costs of the Authority for the application.
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Regulation 9
Food Standards Australia New Zealand Regulations 1994 13
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(3) The refund is the total of the excess described in whichever of paragraphs (2)(a)
and (b) apply.
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Part 5 Time for considering applications
Regulation 11
14 Food Standards Australia New Zealand Regulations 1994
Compilation No. 11 Compilation date: 1/7/19 Registered: 16/7/19
Part 5—Time for considering applications
11 Period within which consideration of applications for standards or variations
must be complete
For subsection 109 (3) of the Act, the consideration period ends:
(a) for an application to which Subdivision D of Division 1 of Part 3 of the Act
(general procedure) applies—9 months after it begins; and
(b) for an application to which Subdivision E of Division 1 of Part 3 of the Act
(minor procedure) applies—3 months after it begins; and
(c) for an application to which Subdivision G of Division 1 of Part 3 of the Act
(high level health claims) applies—9 months after it begins.
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Application and transitional provisions Part 6
Regulation 12
Food Standards Australia New Zealand Regulations 1994 15
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Part 6—Application and transitional provisions
12 Application of the Food Standards Australia New Zealand Amendment (High
Level Health Claims and Other Measures) Regulation 2015
Schedule 1 to the Food Standards Australia New Zealand Amendment (High
Level Health Claims and Other Measures) Regulation 2015 applies to an
application received by the Authority on or after the commencement of that
Schedule.
13 Application of amendments made by the Food Standards Australia New
Zealand Amendment (Charges) Regulations 2019
(1) The amendments of these Regulations made by the Food Standards Australia
New Zealand Amendment (Charges) Regulations 2019 apply in relation to
applications made on or after 1 July 2019.
(2) Subregulation (1) does not apply to the amendments inserting the headings to
Parts 1, 2, 3, 5 and 6.
Authorised Version F2019C00557 registered 16/07/2019
Endnotes
Endnote 1—About the endnotes
16 Food Standards Australia New Zealand Regulations 1994
Compilation No. 11 Compilation date: 1/7/19 Registered: 16/7/19
Endnotes
Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or
will amend) the compiled law. The information includes commencement details for amending
laws and details of any application, saving or transitional provisions that are not included in
this compilation.
The amendment history in endnote 4 provides information about amendments at the provision
(generally section or equivalent) level. It also includes information about any provision of the
compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and
presentational changes to a compiled law in preparing a compilation of the law for
registration. The changes must not change the effect of the law. Editorial changes take effect
from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the
changes in general terms. Full details of any changes can be obtained from the Office of
Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe the
amendment to be made. If, despite the misdescription, the amendment can be given effect as
intended, the amendment is incorporated into the compiled law and the abbreviation “(md)”
added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not
incorp)” is added to the details of the amendment included in the amendment history.
Authorised Version F2019C00557 registered 16/07/2019
Endnotes
Endnote 2—Abbreviation key
Food Standards Australia New Zealand Regulations 1994 17
Compilation No. 11 Compilation date: 1/7/19 Registered: 16/7/19
Endnote 2—Abbreviation key
ad = added or inserted o = order(s)
am = amended Ord = Ordinance
amdt = amendment orig = original
c = clause(s) par = paragraph(s)/subparagraph(s)
C[x] = Compilation No. x /sub-subparagraph(s)
Ch = Chapter(s) pres = present
def = definition(s) prev = previous
Dict = Dictionary (prev…) = previously
disallowed = disallowed by Parliament Pt = Part(s)
Div = Division(s) r = regulation(s)/rule(s)
ed = editorial change reloc = relocated
exp = expires/expired or ceases/ceased to have renum = renumbered
effect rep = repealed
F = Federal Register of Legislation rs = repealed and substituted
gaz = gazette s = section(s)/subsection(s)
LA = Legislation Act 2003 Sch = Schedule(s)
LIA = Legislative Instruments Act 2003 Sdiv = Subdivision(s)
(md) = misdescribed amendment can be given SLI = Select Legislative Instrument
effect SR = Statutory Rules
(md not incorp) = misdescribed amendment Sub-Ch = Sub-Chapter(s)
cannot be given effect SubPt = Subpart(s)
mod = modified/modification underlining = whole or part not
No. = Number(s) commenced or to be commenced
Authorised Version F2019C00557 registered 16/07/2019
Endnotes
Endnote 3—Legislation history
18 Food Standards Australia New Zealand Regulations 1994
Compilation No. 11 Compilation date: 1/7/19 Registered: 16/7/19
Endnote 3—Legislation history
Number and year Registration Commencement Application, saving
and transitional
provisions
286, 1994 23 Aug 1994 23 Aug 1994 (r 1)
122, 2000 22 June 2000 1 July 2000 (r 2) —
341, 2001 21 Dec 2001 21 Dec 2001 (r 2) —
38, 2002 7 Mar 2002 7 Mar 2002 (r 2) —
119, 2002 14 June 2002 1 July 2002 (r 2) —
265, 2004 26 Aug 2004 26 Aug 2004 (r 2) r 4
310, 2007 28 Sept 2007 (F2007L02390) 1 Oct 2007 (r 2) r 4
103, 2010 25 May 2010 (F2010L00600) 1 July 2010 (r 2) r 4
61, 2015 4 May 2015 (F2015L00633) 1 June 2015 (s 2) —
Name Registration Commencement Application, saving and
transitional provisions
Food Standards Australia
New Zealand Amendment
(Forum on Food Regulation
and Other Measures)
Regulation 2016
15 Apr 2016 (F2016L00521) 16 Apr 2016 (s 2(1) item 1) —
Food Standards Australia
New Zealand Amendment
(Charges) Regulations 2019
26 Mar 2019 (F2019L00422) 1 July 2019 (s 2(1) item 1) —
Authorised Version F2019C00557 registered 16/07/2019
Endnotes
Endnote 4—Amendment history
Food Standards Australia New Zealand Regulations 1994 19
Compilation No. 11 Compilation date: 1/7/19 Registered: 16/7/19
Endnote 4—Amendment history
Provision affected How affected
Part 1
Part 1 heading ................................ ad F2019L00422
r 1 .................................................. rs No 122, 2000; No 119, 2002
r 2 .................................................. am No 122, 2000; No 119, 2002; No 265, 2004; No 310, 2007; No 103, 2010; No 61,
2015; F2016L00521; F2019L00422
r 3 .................................................. am No 122, 2000
rs No 119, 2002
am No 310, 2007
rs No 61, 2015
rep F2016L00521
r 4 .................................................. am No 119, 2002
rep No 310, 2007
r 5 .................................................. rep No 119, 2002
Part 2
Part 2 heading ................................ ad F2019L00422
r 6 .................................................. rs No 122, 2000; No 119, 2002; No 310, 2007; No 61, 2015
Part 3
Part 3 heading ................................ ad F2019L00422
r 6A ............................................... ad No 341, 2001
rep No 265, 2004
am No 310, 2007
rs No 61, 2015
Part 4
Part 4 heading ................................ ad F2019L00422
r 6B ................................................ ad F2019L00422
r 7 .................................................. ad No 122, 2000
am No 119, 2002
rs No 310, 2007; No 103, 2010; No 61, 2015; F2019L00422
r 7A ............................................... ad No 103, 2010
rep No 61, 2015
r 7B ................................................ ad No 103, 2010
rep No 61, 2015
r 8 .................................................. ad No 122, 2000
am No 119, 2002
rs No 265, 2004; No 310, 2007; No 103, 2010; No 61, 2015; F2019L00422
r 8A ............................................... ad No 61, 2015
rs F2019L00422
r 8B ................................................ ad No 61, 2015
Authorised Version F2019C00557 registered 16/07/2019
Endnotes
Endnote 4—Amendment history
20 Food Standards Australia New Zealand Regulations 1994
Compilation No. 11 Compilation date: 1/7/19 Registered: 16/7/19
Provision affected How affected
rs F2019L00422
r 9 .................................................. ad No 122, 2000
am No 119, 2002
rs No 310, 2007
am No 103, 2010
rs No 61, 2015; F2019L00422
r 10 ................................................ ad No 122, 2000
am No 119, 2002; No 265, 2004
rs No 310, 2007
rep No 61, 2015
Part 5
Part 5 heading ................................ ad F2019L00422
r 11 ................................................ ad No 122, 2000
am No 119, 2002
rs No 310, 2007
am No 61, 2015
Part 6
Part 6 heading ................................ ad F2019L00422
r 12 ................................................ ad No 122, 2000
am No 119, 2002
rs No 265, 2004
rep No 310, 2007
ad No 61, 2015
r 13 ................................................ ad No 122, 2000
am No 119, 2002
rs No 265, 2004
rep No 310, 2007
ad F2019L00422
r 14 ................................................ ad No 122, 2000
am No 119, 2002
rs No 265, 2004
rep No 310, 2007
r 15 ................................................ ad No 122, 2000
am No 119, 2002
rep No 265, 2004
r 16 ................................................ ad No 122, 2000
am No 119, 2002
rep No 265, 2004
r 17 ................................................ ad No 122, 2000
rep No 265, 2004
Authorised Version F2019C00557 registered 16/07/2019
Endnotes
Endnote 4—Amendment history
Food Standards Australia New Zealand Regulations 1994 21
Compilation No. 11 Compilation date: 1/7/19 Registered: 16/7/19
Provision affected How affected
r 18 ................................................ ad No 122, 2000
rep No 265, 2004
Schedule 1 ..................................... rs No 119, 2002
am No 265, 2004; No 310, 2007
rep No 61, 2015
Schedule 1A .................................. ad No 119, 2002
rs No 265, 2004
rep No 310, 2007
Schedule 2 ..................................... rs No 119, 2002
am No 265, 2004; No 310, 2007
rep No 61, 2015
Schedule 2A .................................. ad No 341, 2001
am No 38, 2002; No 265, 2004; No 310, 2007
rep No 61, 2015
Schedule 3 ..................................... ad No 122, 2000
am No 119, 2002
rs No 265, 2004; No 310, 2007
am No 103, 2010
rep No 61, 2015
Schedule 4 ..................................... ad No 265, 2004
rs No 310, 2007
am No 103, 2010
rep No 61, 2015
Authorised Version F2019C00557 registered 16/07/2019
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