Document ID: chunk:federal_register_of_legislation:C2004C01237:clause:1_174
Version: federal_register_of_legislation:C2004C01237
Segment Type: clause
Provision Reference: sch 1 cl 174
Character Range: 73349–75027

174  Transitional—certain draft standards etc. deemed to be notified to Council

(1) This item applies if, before the commencement of this item:
 (a) ANZFA made a recommendation to the old Council under section 18 or 26 of the Australia New Zealand Food Authority Act 1991:
 (i) that the old Council adopt a draft standard or a draft variation of a standard; or
 (ii) that the old Council adopt a draft standard or a draft variation of a standard subject to such amendments as ANZFA considers necessary; and
 (b) the old Council had not made a decision under section 20 or 28 of that Act in relation to that recommendation.

(2) The Food Standards Australia New Zealand Act 1991 has effect after the commencement of this item, in relation to the draft, as if:
 (a) in a case where subparagraph (1)(a)(i) applies—FSANZ had approved the draft under section 18 of that Act; and
 (b) in a case where subparagraph (1)(a)(ii) applies—FSANZ had approved the draft under section 18 of that Act subject to those amendments; and
 (c) in all cases—FSANZ had notified the new Council of the approval under section 20 of that Act; and
 (d) paragraphs 20(1)(b), (c), (d), (e) and (f) of that Act had not been enacted.

(3) As soon as practicable after the commencement of this item, FSANZ must:
 (a) prepare a written list of the drafts covered by subitem (1); and
 (b) give a copy of that list to the new Council.

(4) In this item:
ANZFA means the Australia New Zealand Food Authority.
FSANZ means Food Standards Australia New Zealand.
new Council means the Australia and New Zealand Food Regulation Ministerial Council.
old Council means the Australia New Zealand Food Standards Council.