Document ID: chunk:federal_register_of_legislation:C2004C01237:clause:1_175:p2
Version: federal_register_of_legislation:C2004C01237
Segment Type: clause
Provision Reference: sch 1 cl 175 (pt 2/4)
Character Range: 77506–79966

(5) If the applicant makes a request under subitem (4), the time taken by the applicant to provide the information is not to be included in the period set or prescribed for the purpose of subsection 35(1) of the new Act or set for the purposes of subsection 35(1A) or (3) of the new Act.

(6) Subsections 35(1) and (1A) of the new Act have effect, in relation to the fresh application, as if a reference in those subsections to 12 months were a reference to 15 months.

(7) If ANZFA made a preliminary assessment of the eligible application before the commencement of this item, FSANZ is taken to have made an initial assessment of the fresh application.

(8) If, before the commencement of this item, any submissions had been made to ANZFA about the eligible application in response to a notice given under section 13A or 14 of the old Act, those submissions have effect as if they had been made to FSANZ about the fresh application in response to a notice given under section 13A or 14 of the new Act.

(9) If notice is given under section 13A or 14 of the new Act in relation to the fresh application, the notice must set out an explanation of the effect of subitem (8).

(10) If:
 (a) FSANZ accepts the fresh application under section 13A of the new Act; and
 (b) ANZFA had:
 (i) made a full assessment of the eligible application before the commencement of this item; and
 (ii) 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 application if it reviews the full assessment having regard to:
 (c) any submissions made to it in response to a notice given under section 13A or 14 of the new Act in relation to the fresh application, 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.

(11) If, before the commencement of this item, any submissions had been made to ANZFA in response to a notice given under section 16 or 17 of the old Act in relation to the eligible application, those submissions have effect as if they had been made to FSANZ in response to a notice given under section 16 or 17 of the new Act in 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