Document ID: chunk:federal_register_of_legislation:C2004C01237:clause:1_176:p2
Version: federal_register_of_legislation:C2004C01237
Segment Type: clause
Provision Reference: sch 1 cl 176 (pt 2/2)
Character Range: 86393–88393

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 in relation to the fresh proposal, being submissions that were not considered in making the full assessment; and
 (d) the matter set out in paragraph 10(2)(e) of the new Act.

(7) If, before the commencement of this item, any submissions had been made to ANZFA in response to a notice given under section 24 of the old Act in relation to the eligible proposal, those submissions have effect as if they had been made to FSANZ in response to a notice given under section 17AA of the new Act in relation to the fresh proposal.

(8) If notice is given under section 17AA of the new Act in relation to the fresh proposal, the notice must set out an explanation of the effect of subitem (7).

(9) If ANZFA held an inquiry in relation to the draft that resulted from the eligible proposal before the commencement of this item, FSANZ is taken to have made a final assessment of the fresh proposal if it reviews the inquiry having regard to.
 (a) any submissions made to it in response to a notice given under section 17AA of the new Act in relation to the draft that resulted from the fresh proposal, being submissions that were not considered in holding the inquiry; and
 (b) the matter set out in paragraph 10(2)(e) of the new Act.

(10) If the eligible proposal was in a particular year of a 3 year plan, the fresh proposal is taken to be in the same year of the plan.

(11) In this item:
ANZFA means the Australia New Zealand Food Authority.
FSANZ means Food Standards Australia New Zealand.
new Act means the Food Standards Australia New Zealand Act 1991, as in force at or after the commencement of this item.
old Act means the Australia New Zealand Food Authority Act 1991, as in force before the commencement of this item.
old Council means the Australia New Zealand Food Standards Council.