Document ID: chunk:federal_register_of_legislation:C2004C01237:clause:1_28b
Version: federal_register_of_legislation:C2004C01237
Segment Type: clause
Provision Reference: sch 1 cl 28B
Character Range: 42550–44552

28B  Council may request a second review

 (1) If the Authority notifies the Council under subsection 28A(6) that the Authority has made a decision under paragraph 28A(6)(a) to re‑affirm a standard or variation of a standard, the Council may, within 60 days after the notification:
 (a) request the Authority to review the standard or variation; or
 (b) inform the Authority that the Council does not intend to request the Authority to review the standard or variation.

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

 (3) The Council may give to the Authority such directions as it thinks fit in relation to the conduct of a review of a 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 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 standard or variation, the Authority must:
 (a) decide to re‑affirm the standard or variation; or
 (b) decide to prepare a proposal under section 12AA for the development of:
 (i) a variation, or further variation, of the standard; or
 (ii) a replacement standard;
and give the Council:
 (c) written notification of the terms of the Authority's decision; and
 (d) the Authority's reasons for making that decision.

Note 1: The Board must not delegate its powers to act on behalf of the Authority under this subsection—see section 67.

Note 2: Section 28D deals with the consequences of a decision under paragraph (b).

 (7) In exercising its powers under this section, the Council must comply with the Food Regulation Agreement 2000.