Document ID: chunk:federal_register_of_legislation:C2004C01237:clause:1_175:p3
Version: federal_register_of_legislation:C2004C01237
Segment Type: clause
Provision Reference: sch 1 cl 175 (pt 3/4)
Character Range: 79752–82383

relation to the fresh application.

(12) If notice is given under section 16 or 17 of the new Act in relation to the fresh application, the notice must set out an explanation of the effect of subitem (11).

(13) If ANZFA held an inquiry in relation to the eligible application before the commencement of this item, FSANZ is taken to have made a final assessment in relation to the draft that resulted from the fresh application if it reviews the inquiry having regard to:
 (a) any submissions made to it in response to a notice given under section 16 or 17 of the new Act in relation to the draft that resulted from the fresh application, 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.

(14) If, before the commencement of this item, the applicant paid ANZFA a charge fixed under section 66 of the old Act for a service provided in relation to the eligible application:
 (a) if the service was provided before the commencement of this item—the applicant is taken to have paid FSANZ the charge fixed under section 66 of the new Act for the corresponding service in relation to the fresh application; and
 (b) if the service was not provided before the commencement of this item—FSANZ must refund the charge unless the applicant elects to treat the payment as fully discharging the applicant's liability to pay FSANZ the charge fixed under section 66 of the new Act for the corresponding service in relation to the fresh application.

(15) For the purposes of subitem (14):
 (a) the service of making an initial assessment in relation to the fresh application corresponds to the service of making a preliminary assessment in relation to the eligible application; and
 (b) the service of making a draft assessment in relation to the fresh application corresponds to the service of making a full assessment in relation to the eligible application; and
 (c) the service of making a final assessment in relation to the fresh application corresponds to the service of holding an inquiry in relation to the eligible application; and
 (d) the service of the giving of notices under a provision of the new Act in relation to the fresh application corresponds to the service of the giving of notices under the corresponding provision of the old Act in relation to the eligible application; and
 (e) the service of the preparation of a draft food regulatory measure, or a draft variation of a food regulatory measure, in relation to the fresh application corresponds to the service of the preparation of a draft food regulatory measure, or a draft variation