Commonwealth Numbered Regulations - Explanatory Statements

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AUSTRALIA NEW ZEALAND FOOD AUTHORITY AMENDMENT REGULATIONS 2001 (NO. 1) 2001 NO. 341

STATUTORY RULES 2001 No. 341

Issued by authority of the Minister for Health and Ageing

Australia New Zealand Food Authority Amendment Act 2001

Australia New Zealand Food Authority Amendment Regulations 2001 (No. 1)

Section 70 of the Australia New Zealand Food Authority Act 1991 (the ANZFA, Act) provides that the Governor-General may make Regulations prescribing all matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

The Australia New Zealand Food Authority Amendment Act 2001 (the Amendment Act) creates a new statutory authority, Food Standards Australia New Zealand (FSANZ), to replace the Australia New Zealand Food Authority (ANZFA). The Amendment Act will also change the name of the ANZEA Act to the Food Standards Australia New Zealand Act 1991 (FSANZ Act).

Full commencement of the Amendment Act will take place after amendments to the current Treaty with New Zealand for the operation of the joint food standards system (formally titled "Agreement between the Government of Australia and the Government of New Zealand Establishing a System for the Development of Joint Food Standards, done at Wellington on 5 December 1995) enter into force.

Items 114 - 128 of Schedule 1 to the Amendment Act amend the current Division 1 of Part 4 of the ANZFA. Act to provide for the establishment of a new Board of FSANZ and the appointment of members to that Board. In particular, section 40 of the FSANZ Act (as amended) contains various provisions that require the Minister to seek nominations, from particular types of organisations or bodies, of suitably qualified persons for appointment to the Board of FSANZ. The current Australia New Zealand Food Authority Regulations 1994 do not prescribe such organisations.

The purpose of the Regulations is to prescribe organisations and public bodies from which nominations of Board Members may be sought.

Item 120A of Schedule 1 to the Amendment Act, which commenced on Royal assent, is a transitional provision and provides that the powers to make Regulations pursuant to paragraphs 40(3)(b) or 40(4)(b) of the ANZFA Act, as amended by Schedule 1 of the Amendment Act, may be exercised before the commencement of those provisions as if those provisions had come into operation.

The Regulations will prescribe a number of organisations and public bodies established for purposes relating to science and public health and to the food industry.

As a result, the Minister will be required to seek nominations from the organisations and public bodies so prescribed in relation to the appointment of relevant members to the Board of FSANZ.

The Regulations commenced on the date of gazettal.