Document ID: chunk:federal_register_of_legislation:C2004C01237:clause:1_176:p1
Version: federal_register_of_legislation:C2004C01237
Segment Type: clause
Provision Reference: sch 1 cl 176 (pt 1/2)
Character Range: 84052–86602

176  Transitional—proposals pending immediately before this item commenced

(1) For the purposes of this item, a proposal for the development or variation of a food regulatory measure is an eligible proposal if:
 (a) the proposal was prepared under section 21 of the old Act before the commencement of this item; and
 (b) the proposal was not abandoned before that commencement; and
 (c) in a case where the proposal was for the development or variation of a standard and a draft standard or draft variation was prepared as a result of the proposal—ANZFA neither:
 (i) made a recommendation to the old Council about the draft; nor
 (ii) made a decision about the draft under section 28A of the old Act;
  before that commencement; and
 (d) in a case where the proposal 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 proposal—ANZFA neither:
 (i) approved the draft; nor
 (ii) rejected the draft;
  before that commencement.

(2) The eligible proposal 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 proposal; or
 (b) any draft prepared as a result of the eligible proposal.

(3) For the purposes of the new Act:
 (a) FSANZ is taken to have prepared a proposal (the fresh proposal) under section 12AA of that Act in the same terms as the eligible proposal; and
 (b) the fresh proposal is taken to have been prepared immediately after the commencement of this item.

(4) If, before the commencement of this item, any submissions had been made to ANZFA about the eligible proposal in response to a notice given under section 22 of the old Act, those submissions have effect as if they had been made to FSANZ about the fresh proposal in response to a notice given under section 14A of the new Act.

(5) If notice is given under section 14A of the new Act in relation to the fresh proposal, the notice must set out an explanation of the effect of subitem (4).

(6) If ANZFA had:
 (a) made a full assessment of the eligible proposal before the commencement of this item; and
 (b) prepared a draft food regulatory measure or a draft variation of a food regulatory measure before the commencement of this item;
FSANZ is taken to have made a draft assessment of the fresh proposal if it reviews the full assessment having regard to:
 (c) any submissions made to it in response to a notice given under section 14A of the new Act