Document ID: chunk:federal_register_of_legislation:C2004C01237:clause:1_22
Version: federal_register_of_legislation:C2004C01237
Segment Type: clause
Provision Reference: sch 1 cl 22
Character Range: 26160–28246

22  Council may request a second review

 (1) If the Authority notifies the Council that the Authority has:
 (a) made a decision under paragraph 21(6)(a) to re‑affirm the Authority's approval of a draft standard or variation; or
 (b) made a decision under paragraph 21(6)(b) to re‑affirm the Authority's approval of a draft standard or variation, subject to amendments;
the Council must, within 60 days after the notification:
 (c) request the Authority to review the draft; or
 (d) inform the Authority that the Council does not intend to request the Authority to review the draft.

 (2) If the Council requests the Authority to review a draft standard or variation, the Council must inform the Authority of the Council's concerns with the draft.

 (3) The Council may give to the Authority such directions as it thinks fit in relation to the conduct of a review of a draft standard or variation.

 (4) Subject to any directions under subsection (3), a review is to be conducted in such manner as the Authority considers appropriate.

 (5) If the Council requests the Authority to review a draft standard or variation, the Authority must complete that review, and make a decision under subsection (6):
 (a) within 3 months after the request was made; or
 (b) if the Council allows a longer period—within that longer period.

 (6) After completing a review under this section of a draft standard or variation, the Authority must:
 (a) decide to re‑affirm its approval of the draft; or
 (b) decide to re‑affirm its approval of the draft, subject to such amendments as the Authority considers necessary; or
 (c) decide to withdraw its approval of the draft;
and give the Council:
 (d) written notification of the terms of the Authority's decision; and
 (e) the Authority's reasons for making that decision.

Note: The Board must not delegate its powers to act on behalf of the Authority under this subsection—see section 67.

 (7) In exercising its powers under this section in relation to a draft standard or variation, the Council must comply with the Food Regulation Agreement 2000.