Document ID: chunk:federal_register_of_legislation:C2007A00098:clause:1_95
Version: federal_register_of_legislation:C2007A00098
Segment Type: clause
Provision Reference: sch 1 cl 95
Character Range: 89200–91631

95  Declaration of urgency

 (1) The Authority may:
 (a) declare in writing that a specified application made under section 22 is an urgent application for the purposes of this Part; or
 (b) declare in writing that a specified proposal prepared under section 55 is an urgent proposal for the purposes of this Part;
if:
 (c) the application or proposal relates to the development or variation of a standard; and
 (d) the Authority considers that it is appropriate to do so in order to protect public health and safety.

 (2) The Authority may:
 (a) declare in writing that a specified application made under section 22 is an urgent application for the purposes of this Part; or
 (b) declare in writing that a specified proposal prepared under section 55 is an urgent proposal for the purposes of this Part;
if:
 (c) the application or proposal relates to the variation of a standard; and
 (d) the standard has had or, if not varied in the manner sought in the application or proposal, will have, a negative impact on trade that was not envisaged when the standard was made; and
 (e) the Authority considers that the variation of the standard will meet the following objectives:
 (i) the protection of public health and safety;
 (ii) the provision of adequate information relating to food to enable consumers to make informed choices;
 (iii) the prevention of misleading or deceptive conduct.

 (3) The Authority must:
 (a) give public notice of a declaration under subsection (1) or (2), and include a copy of the declaration in the notice; and
 (b) publish in a generally circulating newspaper, in each State or Territory and in New Zealand, a copy of the declaration.

 (4) The Authority must take all reasonable steps to distribute copies of the declaration to the print and electronic media in Australia and New Zealand for the purpose of seeking media publicity about the urgent application or proposal.

 (5) The Authority must give a copy of a declaration under subsection (1) or (2) to:
 (a) each appropriate government agency; and
 (b) the Council; and
 (c) if the declaration relates to an application—the applicant.

 (6) The following do not apply to an urgent application or urgent proposal:
 (a) Subdivisions C to F of Division 1 of this Part;
 (b) Subdivisions C to H of Division 2 of this Part;
 (c) Division 3 of this Part.

 (7) No charge fixed under section 146 is payable in relation to an urgent application.