Document ID: chunk:federal_register_of_legislation:C2024C00524:section:49
Version: federal_register_of_legislation:C2024C00524
Segment Type: section
Provision Reference: s 49
Character Range: 67325–69902

49  Notice of the application to expert committee and Food Regulation Standing Committee
 (1) If the Authority accepts the application, the Authority must also give notice of the matters mentioned in subsection (2) to:
 (a) the High Level Health Claims Committee established for the purpose of making recommendations on the application, or applications of that kind; and
 (b) the Food Regulation Standing Committee.

Content of notice
 (2) The notice must:
 (a) state that the Authority has received an application for a high level health claims variation; and
 (b) state the date on which the application was received by the Authority; and
 (c) state the name of the applicant; and
 (d) give a summary of the application; and
 (e) state that the Authority has accepted the application; and
 (f) identify the procedure that the Authority will adopt in considering the application; and
 (g) indicate when the Authority proposes to undertake the key steps in that procedure.

Period within which notice must be given
 (3) The notice must be given:
 (a) if the applicant pays a charge, or the first instalment of a charge, mentioned in subparagraph 48(1)(b)(i) within the period mentioned in that subparagraph—within 5 business days after that payment; or
 (b) if the applicant pays a charge mentioned in paragraph 48(1)(c) within 20 business days after notice is given to the applicant under section 48 (the early payment period)—within 5 business days after that payment; or
 (c) in any other case—within 25 business days after notice is given to the applicant under section 48.

Exclusive capturable commercial benefit—fee not paid
 (4) If an applicant:
 (a) who applies for a high level health claims variation; and
 (b) on whom an exclusive capturable commercial benefit would be conferred if the standard were made or varied in the manner sought in the application;
does not pay the charge, or the first instalment of the charge, mentioned in subparagraph 48(1)(b)(i) within the period mentioned in that subparagraph:
 (c) the Authority must reject the application; and
 (d) the Authority need not give notice under this section.

Fee to expedite consideration paid after early payment period
 (5) If an applicant pays a charge, or the first instalment of a charge, mentioned in paragraph 48(1)(c) after the end of the early payment period, the Authority must, within 5 business days after that payment, again give public notice of the matters mentioned in subsection (2), including an update on when the Authority now proposes to undertake the key steps in the procedure.