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Statutory Rules No. 286, 1994

Compilation date: 1 July 2024 Includes amendments: F2024L00804 Registered: 10 July 2024 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 2024 (the compilation date).

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8A Paying charges under subregulation 8(2) by instalments 11 8B Second instalment for certain withdrawn or rejected applications 12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

14 Application of amendments made by the Food Standards Australia New Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history

Zealand Amendment (Charges) Regulations 2024 15 16 16 17 18 19 Food Standards Australia New Zealand Regulations 1994 i Compilation No. 12 Compilation date: 01/07/2024 Registered: 10/07/2024 Preliminary Part 1 Regulation 1

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. Food Standards Australia New Zealand Regulations 1994 1 Compilation No. 12 Compilation date: 01/07/2024 Registered: 10/07/2024

Part 1 Preliminary 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

Regulation 2 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. Chairperson of the Board Member (except the Chairperson of the Board and the Chief Executive Officer of the Authority) Chief Executive Officer of the Authority SES officer Principal research scientist Executive Officer Level 2.6 or Legal 2 Executive Officer Level 2.5 Executive Officer Level 2.4 Executive Officer Level 2.3 Executive Officer Level 2.2 or Legal 1.9 Executive Officer Level 2.1 Executive Officer Level 1.3 or Legal 1.8 Executive Officer Level 1.2 Executive Officer Level 1.1 or Legal 1.7 APS 6 or Legal 1.6 APS 1, 2, 3, 4 or 5 or Legal 1.1, 1.2, 1.3, 1.4 or 1.5 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.

2 Food Standards Australia New Zealand Regulations 1994

Compilation No. 12 Compilation date: 01/07/2024 Registered: 10/07/2024 Preliminary Part 1 Regulation 2 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). Food Standards Australia New Zealand Regulations 1994 3 Compilation No. 12 Compilation date: 01/07/2024 Registered: 10/07/2024

Part 2 Commercial confidential information

Regulation 6

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.

4 Food Standards Australia New Zealand Regulations 1994

Compilation No. 12 Compilation date: 01/07/2024 Registered: 10/07/2024 Nominations for Board members Part 3 Regulation 6A

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) Australian science and public health organisations and bodies Item Organisation or body Subparagraph of paragraph 116(3)(a)

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 Academy of Science Subparagraph (vi) Australian Institute of Environmental Health Subparagraphs (i), (iii), (vii) and (viii) Australian Medical Association Subparagraphs (i) and (vi) Australian Society for Biochemistry and Molecular Biology Subparagraphs (vi), (vii) and (ix) Australian Veterinary Association Subparagraph (x) CHOICE Subparagraphs (i) and (ii) Consumers Health Forum of Australia Subparagraphs (i) and (ii) Dietitians Association of Australia Subparagraphs (i), (iii), (iv), (v) and (viii) Food Science Australia Subparagraphs (iii), (iv), (v), (vii) and (viii) National Aboriginal Community Controlled Health Organisation Subparagraphs (i) and (ii) Nutrition Australia Subparagraphs (i), (ii) and (v) Nutrition Society of Australia (Inc) Subparagraphs (iii), (iv), (v) and (viii) Public Health Association of Australia Subparagraphs (i), (ii), (iii), (iv), (v) and (viii) Royal Australian Chemical Institute Incorporated Subparagraph (iii) The Australian Institute of Food Science and Technology Incorporated Subparagraphs (i), (iii), (vi), (v), (vii) and (viii) The Australian Society for Microbiology Subparagraph (vii) 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 Food Standards Australia New Zealand Regulations 1994 5 Compilation No. 12 Compilation date: 01/07/2024 Registered: 10/07/2024

Part 3 Nominations for Board members New Zealand science and public health organisations and bodies Item Organisation or body Subparagraph of paragraph 116(3)(a)

Regulation 6A purposes of each subparagraph of paragraph 116(3)(a) of the Act mentioned in that item. Consumer NZ Subparagraphs (ii), (v) and (viii) Dietitians NZ Subparagraphs (i), (ii), (iii), (iv), (v) and (viii) Health Research Council of New Zealand Subparagraphs (i), (iv), (v), (vi), (vii) and (ix) Maori Women’s Welfare League Inc Subparagraphs (i), (ii) and (viii) National Council of Women of New Zealand Subparagraph (ii) New Zealand Medical Association Subparagraphs (i) and (vi) NZ Nutrition Foundation Subparagraphs (v), (vi) and (viii) NZBIO Subparagraph (ix) Public Health Association of New Zealand Inc Subparagraphs (i), (ii), (iii), (iv), (v), (vi), (vii), (viii) and (ix) Science New Zealand Subparagraphs (i), (ii), (iii), (vi), (vii), (viii) and (ix) The New Zealand Institute of Food Science and Technology Inc Subparagraphs (iii), (viii) and (ix) The Royal Australasian College of Physicians, New Zealand Committee, Faculty of Public Health Medicine Subparagraphs (i), (v) and (vi) The Royal Society of New Zealand Subparagraphs (vii) and (ix) Australian food industry organisations and bodies

(3) Australian food industry organisations and bodies Item Organisation or body Subparagraph of paragraph 116(4)(a)

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 Chamber of Commerce and Industry Subparagraphs (i), (ii), (iv), (vi) and (vii) Australian Food and Grocery Council Subparagraphs (i), (ii), (v), (vi) and (vii) Australian Hotels Association Subparagraphs (i), (iv), (vi) and (vii) Council of Small Business Australia Subparagraphs (iv) and (vi) National Association of Retail Grocers of Australia Pty Ltd Subparagraphs (ii) and (iv) National Farmers’ Federation Limited Subparagraphs (iii), (iv), (v) and (vi) Restaurant and Catering Australia Subparagraphs (i), (iv), (vi) and (vii)

6 Food Standards Australia New Zealand Regulations 1994 Australian food industry organisations and bodies Item Organisation or body Subparagraph of paragraph 116(4)(a)

Compilation No. 12 Compilation date: 01/07/2024 Registered: 10/07/2024 Nominations for Board members Part 3 Regulation 6A

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) New Zealand food industry organisations and bodies Item Organisation or body Subparagraph of paragraph 116(4)(a)

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 and Grocery Council Subparagraphs (i), (ii), (iv), (v), (vi) and (vii) New Zealand Retailers Association Subparagraph (ii) The Grocery Retailers Association Subparagraphs (i), (ii) and (iv) Food Standards Australia New Zealand Regulations 1994 7 Compilation No. 12 Compilation date: 01/07/2024 Registered: 10/07/2024

Part 4 Charges

Regulation 6B

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) Classification of application Item Column 1 Procedure for considering application Column 2 Estimated total number of person-hours of variable work Column 3 Classification

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 520 person-hours—also estimate the number of those person-hours for each kind of office, position or classification. General procedure Not more than 180 General procedure level 1 application General procedure More than 180, but not more General procedure level 2 than 290 application General procedure More than 290, but not more General procedure level 3 than 420 application General procedure More than 420, but not more General procedure level 4 than 520 application General procedure More than 520 General procedure level 5 application

Subdivision F of Division 1

Any number Major procedure application of Part 3 of the Act

Subdivision G of Division 1

Not more than 180 High level health claims of Part 3 of the Act procedure level 1 application

Subdivision G of Division 1

More than 180, but not more High level health claims of Part 3 of the Act than 290 procedure level 2 application

8 Food Standards Australia New Zealand Regulations 1994 Classification of application Item Column 1 Procedure for considering application Column 2 Estimated total number of person-hours of variable work Column 3 Classification

Compilation No. 12 Compilation date: 01/07/2024 Registered: 10/07/2024 Charges Part 4 Regulation 8

Subdivision G of Division 1

More than 290, but not more High level health claims of Part 3 of the Act than 420 procedure level 3 application

Subdivision G of Division 1

More than 420, but not more High level health claims of Part 3 of the Act than 520 procedure level 4 application

Subdivision G of Division 1

More than 520 High level health claims of Part 3 of the Act 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) Charges relating to applications Item Column 1 Application Column 2 Variable component Column 3 Administrative component

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) $22,608. General procedure level 1 application General procedure level 2 application Food Standards Australia New Zealand Regulations 1994 9 Compilation No. 12 Compilation date: 01/07/2024 Registered: 10/07/2024

Part 4 Charges Charges relating to applications Item Column 1 Application Column 2 Variable component Column 3 Administrative component

Regulation 8 General procedure level 3 application General procedure level 4 application General procedure level 5 application The total of: (a) $69,680; 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 $69,680—the excess The total of: (a) $108,540; 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 $108,540—the excess

6 Major procedure

application

7 High level health claims procedure level 1 application

8 High level health

claims procedure level 2 application

9 High level health

claims procedure level 3 application

10 High level health

claims procedure level 4 application

11 High level health

The total of: claims procedure (a) $69,680; and level 5 application (b) if, on the basis of the estimates under regulation 7, the Authority personnel variable work cost for the application is expected to exceed $69,680—the excess 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;

10 Food Standards Australia New Zealand Regulations 1994 8A Paying charges under subregulation 8(2) by instalments

Compilation No. 12 Compilation date: 01/07/2024 Registered: 10/07/2024 Charges Part 4 Regulation 8A there is a charge equal to the excess. The charge is due and payable 30 days after the applicant is notified. 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. Food Standards Australia New Zealand Regulations 1994 11 Compilation No. 12 Compilation date: 01/07/2024 Registered: 10/07/2024

Part 4 Charges 8B Second instalment for certain withdrawn or rejected applications

Regulation 8B

(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.

12 Food Standards Australia New Zealand Regulations 1994

Compilation No. 12 Compilation date: 01/07/2024 Registered: 10/07/2024 Charges Part 4 Regulation 9

(3)

The refund is the total of the excess described in whichever of paragraphs (2)(a) and (b) apply. Food Standards Australia New Zealand Regulations 1994 13 Compilation No. 12 Compilation date: 01/07/2024 Registered: 10/07/2024

Part 5 Time for considering applications

Regulation 11

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.

14 Food Standards Australia New Zealand Regulations 1994

Compilation No. 12 Compilation date: 01/07/2024 Registered: 10/07/2024 Application and transitional provisions Part 6 Regulation 12

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.

14 Application of amendments made by the Food Standards Australia New Zealand Amendment (Charges) Regulations 2024 Endnotes Endnotes Endnote 1—About the endnotes Abbreviation key—Endnote 2 Legislation history and amendment history—Endnotes 3 and 4 Editorial changes Misdescribed amendments

The amendments of these Regulations made by the Food Standards Australia New Zealand Amendment (Charges) Regulations 2024 apply in relation to applications made on or after 1 July 2024. Food Standards Australia New Zealand Regulations 1994 15 Compilation No. 12 Compilation date: 01/07/2024 Registered: 10/07/2024 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 The abbreviation key sets out abbreviations that may be used in the endnotes. 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. 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. A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003. If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

16 Food Standards Australia New Zealand Regulations 1994 Endnotes Endnote 2—Abbreviation key Endnotes Endnote 3—Legislation history Number and year Registration Commencement Application, saving and transitional provisions

Compilation No. 12 Compilation date: 01/07/2024 Registered: 10/07/2024 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 Food Standards Australia New Zealand Regulations 1994 17 Compilation No. 12 Compilation date: 01/07/2024 Registered: 10/07/2024 Endnote 3—Legislation history 286, 1994

23 Aug 1994 (r 1)

122, 2000

1 July 2000 (r 2)

— 341, 2001

21 Dec 2001 (r 2)

— 38, 2002

7 Mar 2002 (r 2)

— 119, 2002

1 July 2002 (r 2)

— 265, 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

15 Apr 2016 (F2016L00521)

16 Apr 2016 (s 2(1) item 1)

— New Zealand Amendment (Forum on Food Regulation and Other Measures) Regulation 2016 Food Standards Australia

26 Mar 2019 (F2019L00422)

1 July 2019 (s 2(1) item 1)

— New Zealand Amendment (Charges) Regulations 2019 Food Standards Australia

27 June 2024 (F2024L00804)

1 July 2024 (s 2(1) item 1)

— New Zealand Amendment (Charges) Regulations 2024

18 Food Standards Australia New Zealand Regulations 1994 Endnotes Endnote 4—Amendment history Provision affected How affected

Compilation No. 12 Compilation date: 01/07/2024 Registered: 10/07/2024 Endnote 4—Amendment history

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; F2024L00804 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 Endnotes Provision affected How affected

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 am F2024L00804 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 am F2024L00804 r 8A ad No 61, 2015 Food Standards Australia New Zealand Regulations 1994 19 Compilation No. 12 Compilation date: 01/07/2024 Registered: 10/07/2024 Endnote 4—Amendment history rs F2019L00422 r 8B ad No 61, 2015 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 ad F2024L00804 r 15 ad No 122, 2000 am No 119, 2002 rep No 265, 2004 r 16 ad No 122, 2000 am No 119, 2002

20 Food Standards Australia New Zealand Regulations 1994 Endnotes Provision affected How affected

Compilation No. 12 Compilation date: 01/07/2024 Registered: 10/07/2024 Endnote 4—Amendment history rep No 265, 2004 r 17 ad No 122, 2000 rep No 265, 2004 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 Food Standards Australia New Zealand Regulations 1994 21 Compilation No. 12 Compilation date: 01/07/2024 Registered: 10/07/2024