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2013 - 2014 - 2015
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
HOUSE OF REPRESENTATIVES
FOOD STANDARDS AUSTRALIA NEW ZEALAND AMENDMENT BILL
2015
EXPLANATORY MEMORANDUM
(Circulated by authority of the Minister for Health, The Hon Sussan Ley MP)
FOOD STANDARDS AUSTRALIA NEW ZEALAND AMENDMENT BILL
2015
OUTLINE
The primary purpose of the Food Standards Australia New Zealand Amendment Bill
2015 (the Bill) is to amend the Food Standards Australia New Zealand Act 1991 (the
Act) to remove references to the former Australia and New Zealand Food Regulation
Ministerial Council (ANZFRMC) and replace this with references to the Australia and
New Zealand Ministerial Forum on Food Regulation (FoFR). The Bill also makes
other minor amendments to improve the clarity and operation of the legislation.
Policy Background
Update of references from ANZFRMC to FoFR
On 13 February 2011, the Council of Australian Governments (COAG) agreed to
establish a new Council System. As part of the new system the ANZFRMC became
the Legislative and Governance Forum on Food Regulation (FoFR). With the launch
of the FoFR on 17 September 2011, the remit of the ANZFRMC was withdrawn,
except in cases where it is referred to by name in instruments such as legislation,
treaties and intergovernmental agreements.
COAG agreed at its meeting on 13 December 2013 to streamline its Council system
from 22 Councils to eight. The five legislative and governance for a, including the
FoFR, will continue as per legislative requirements, albeit outside the auspices of
COAG.
At the FoFR meeting on 27 June 2014, Ministers agreed to change the name of the
FoFR to the Australia and New Zealand Ministerial Forum on Food Regulation.
Amendments to improve clarity and operation of the Act
The other amendments proposed in the Bill improve regulatory clarity and provide
greater clarification for businesses and Food Standards Australia New Zealand (the
Authority) by removing ambiguity and improving consistency in the way in which the
Act outlines procedures for consideration of food regulatory measures. For example,
the Bill will allow the Authority to give written notice to only those appropriate
government agencies that the Authority considers have an interest in the matter to
which the notice relates, rather than to all agencies, as is the case at present. All other
amendments are relatively minor and machinery in nature.
Financial Impact Statement
There is no financial impact relating to this Bill.
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Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny)
Act 2011
FOOD STANDARDS AUSTRALIA NEW ZEALAND AMENDMENT BILL
2015
This Bill is compatible with the human rights and freedoms recognised or declared in
the international instruments listed in section 3 of the Human Rights (Parliamentary
Scrutiny) Act 2011.
Overview of the Bill
The primary purpose of the Food Standards Australia New Zealand Amendment Bill
2015 (the Bill) is to amend the Food Standards Australia New Zealand Act 1991 (the
Act) to remove references to the former Australia and New Zealand Food Regulation
Ministerial Council (ANZFRMC) and replace this with references to the Australia and
New Zealand Ministerial Forum on Food Regulation (FoFR).
The Bill also makes other minor amendments to improve the clarity and operation of
the legislation. These amendments are minor and machinery in nature. The
amendments will reduce the regulatory burden and provide greater clarification for
businesses and FSANZ by removing ambiguity and improving consistency in the way
in which the FSANZ Act outlines procedures for consideration of food regulatory
measures.
Human rights implications
The Bill does not engage any of the applicable rights or freedoms.
Conclusion
This Bill is compatible with Human Rights as it does not raise any human rights
issues.
The Hon Sussan Ley MP, Minister for Health
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FOOD STANDARDS AUSTRALIA NEW ZEALAND AMENDMENT BILL
2015
NOTES ON CLAUSES
Clause 1 - Short Title
The clause provides that the Bill, once enacted, may be cited as the Food Standards
Australia New Zealand Amendment Act 2015.
Clause 2 - Commencement
This clause provides that the Bill commences the day after Royal Assent.
Clause 3 - Schedule(s)
This clause provides that legislation that is specified in a Schedule to the Act is
amended or repealed as set out in the applicable items in the Schedule concerned, and
any other item has effect according to its terms.
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Schedule 1--Amendments
Food Standards Australia New Zealand Act 1991
Items 1 and 2 repeal the definition of Council and insert a definition of Forum on
Food Regulation to reflect the fact that the name of the Council changed in September
2011 as a result of COAG's new Council System (and has since changed again to the
Australia and New Zealand Ministerial Forum on Food Regulation).
Items 3 and 4 repeal the definition of New Zealand lead Minister on the Council and
insert a definition of New Zealand lead Minister on the Forum of Food Regulation to
reflect the change in terminology from Council to Forum on Food Regulation.
Items 5, 8, 9, 10, 11, 14, 15, 17, 18, 19, 21, 23, 24, 25, 26, 32, 33, 35, 36, 37, 39, 42,
43, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66,
67, 68, 69, 70, 71, 72, 74, 75, 82, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97. 98,
99, 100, 101, 102, 105, 106, 107, 111, 112, 113, 114, 116, 118, 119, 120, 121, 122,
123, 124 127, 130, 131 substitute references to the Council for references to the
Forum on Food Regulation.
Item 6 inserts a new section 7A which specifies that where the Authority is required
to give written notice to an appropriate government agency, this obligation will be
satisfied where the Authority gives notice to an appropriate government agency that
the Authority considers has an interest in the matter to which the notice relates.
This amendment removes the requirement in the Act for the Authority to notify every
government agency when written notice is required to be given. The amendment
provides the Authority with the discretion to determine those agencies which are
required to be notified (which could be all government agencies) based on the
individual facts of each notification that is required. This will have the effect of
reducing the workload of the Authority and ensure government agencies are not
receiving notifications which are irrelevant to their operations.
Item 7 inserts a new Part 1A which sets out matters dealing with the Forum on Food
Regulation. Item 7 also inserts new section 11A which clarifies that the Australia New
Zealand Food Regulation Ministerial Council that was established by the Food
Regulation Agreement continues to exist under this section as the Forum on Food
Regulation.
Item 12 makes a minor drafting amendment to ensure consistency throughout the Act
for references to acceptance of an application.
Item 13 clarifies that a Regulation Impact Statement is only required to be included in
a report the Authority must prepare under paragraph 33(1)(b), where a Regulation
Impact Statement is applicable. This recognises that a Regulation Impact Statement
may not always be applicable to reports prepared by the Authority under paragraph
33(1)(b).
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Items 16, 20, 34, 38 and 83 enable the Authority to publish a notice on the
Authority's website, rather than having to publish a notice in a newspaper. Other
amendments to the section reflect the change in title from the Council to the Forum on
Food Regulation.
Items 22 and 40 repeal sections of the Act to reflect the fact there are no criteria set
out in the Nutrition, Health and Related Claims Standard.
Item 27 has been amended to ensure consistency throughout the Act as to when the
Authority may abandon a proposal. The amendment requires that a proposal can only
be abandoned prior to the approval of a variation or a standard, the approval of a
standard, the approval of a variation of a code of practice or the approval of a code of
practice.
Items 28, 115 and 117 have been amended to ensure consistency throughout the Act
as to when the Authority must give notice.
Items 29 and 30 clarify that the requirement for the Authority to assess the proposal
is subject to the Authority's right to abandon the proposal under section 56.
Item 31 clarifies that a Regulation Impact Statement is only required to be included in
a report the Authority must prepare under paragraph 63(1)(b), where a Regulation
Impact Statement is applicable. This recognises that a Regulation Impact Statement
may not always be applicable to reports prepared by the Authority under paragraph
63(1)(b).
Item 41 rectifies a drafting error by inserting the word `consider'.
Item 44 removes the qualification `if submissions were called for' as the Authority
must call for submissions on high level health claims arising from proposals.
Item 73 ensures drafting consistency within the Act.
Item 76 removes the requirement for a notice prepared under paragraph 91(1)(a) to be
published in a newspaper.
Item 77 inserts a requirement for the Authority to give public notice of a notice
prepared under paragraph 91(1)(a).
Items 78, 79 and 80 remove the requirements for a notice under 92(a) to be published
in a newspaper and for a copy of the notice to be made available to the public for
inspection. There are also minor drafting adjustments to effect this amendment.
Items 81 and 84 remove the requirement for the Authority to publish a notice in a
newspaper.
Item 103 removes the requirement to publish a copy of the notice under paragraph
106(2)(a) in the newspaper.
Item 104 inserts a requirement for the Authority to give public notice of a notice
prepared under paragraph 106(2)(a).
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Items 108, 109 and 110 remove the requirements for a notice under 106(4)(a) to be
published in a newspaper and for a copy of the notice to be made available to the
public for inspection. There are also minor drafting adjustments to effect this
amendment.
Item 125 rectifies a drafting inconsistency to clarify that the CEO is appointed by the
Board of the Authority.
Item 126 makes an amendment for drafting consistency.
Items 128 and 129 amend the requirements for what must be included in the annual
report prepared by the Members of the Board of the Authority, so that the number of
applications and proposals of draft standards and draft variations approved during the
current period must be reported. Previously only applications, and not proposals,
relating to draft standards and draft variations, had to be reported.
Item 132 provides for when certain specified amendments take effect. Specifically:
the requirement in Item 77 for the Authority to give public notice prepared
under paragraph 91(1)(a) applies to a notice given to the Authority on or after
commencement of this Bill, even where the draft standard or draft variation to
which the notices relates was prepared before that day;
the requirement in Item 104 for the Authority to give public notice of a notice
prepared under paragraph 106(2)(a) applies to a notice given to the Authority
on or after commencement of this Bill, even where the draft standard or draft
variation to which the notices relates was assessed before that day; and
the clarification in Item 125 rectifies that the CEO is appointed by the Board
of the Authority, rather than the Minister, applies to an appointment made on
or after commencement of this Bill even if the period of 2 years mentioned in
subsection 128(3) of the Act began before that day.
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