Document ID: chunk:federal_register_of_legislation:C2004C01237:clause:1_175:p1
Version: federal_register_of_legislation:C2004C01237
Segment Type: clause
Provision Reference: sch 1 cl 175 (pt 1/4)
Character Range: 75027–77721

175  Transitional—applications pending immediately before this item commenced

(1) For the purposes of this item, an application for the development or variation of a food regulatory measure is an eligible application if:
 (a) the application was made under section 12 of the old Act before the commencement of this item; and
 (b) the application was not withdrawn before that commencement; and
 (c) the application was not rejected before that commencement; and
 (d) in a case where the application was for the development or variation of a standard and a draft standard or draft variation was prepared as a result of the application—ANZFA neither:
 (i) made a recommendation to the old Council about the draft; nor
 (ii) made a decision about the draft under section 20A of the old Act;
  before that commencement; and
 (e) in a case where the application was for the development or variation of a code of practice and a draft code of practice or a draft variation was developed as a result of the application—ANZFA neither:
 (i) approved the draft; nor
 (ii) rejected the draft;
  before that commencement.

(2) The eligible application lapses at the commencement of this item and, except as provided by this item, FSANZ is not to take any action under the new Act after that commencement in relation to:
 (a) the eligible application; or
 (b) any draft prepared as a result of the eligible application.

(3) For the purposes of the new Act:
 (a) the eligible applicant is taken to have made an application (the fresh application) under section 12 of that Act in the same terms as the eligible application; and
 (b) the fresh application is taken to have been made immediately after the commencement of this item; and
 (c) if the eligible application was accompanied by information in support of the eligible application—the fresh application is taken to be accompanied by that information; and
 (d) if, under subsection 12(3) of the old Act, the applicant had provided a sample of the food to which the eligible application relates—the applicant is taken to have provided that sample in relation to the fresh application under subsection 12(3) of the new Act.

(4) The applicant may, within 28 days after the commencement of this item, request FSANZ, in writing, to defer making a decision under section 13A of the new Act in relation to the application until the applicant gives FSANZ additional information to support the application. FSANZ must comply with that request.

(5) If the applicant makes a request under subitem (4), the time taken by the applicant to provide the information is not to be included in the period set or prescribed for the purpose of subsection 35(1) of the new