Document ID: chunk:federal_register_of_legislation:C2024C00524:section:110
Version: federal_register_of_legislation:C2024C00524
Segment Type: section
Provision Reference: s 110
Character Range: 127399–129865

110  Rejecting an application or abandoning a proposal

Notice of rejection
 (1) If the Authority rejects:
 (a) an application for the development or variation of a food regulatory measure; or
 (b) a draft food regulatory measure or a draft variation of a food regulatory measure that results from such an application;
the Authority must comply with the notice requirements set out in subsection (2).
 (2) The notice requirements for the purposes of subsection (1) are as follows:
 (a) the Authority must give notice in writing of the rejection, and the reasons for the rejection, to the applicant;
 (b) if the Authority rejects the application after public notice is given under section 28 or 51, the Authority must give public notice of the rejection, and the reasons for the rejection;
 (c) if the rejection occurs after a draft food regulatory measure or a draft variation of a food regulatory measure has been prepared as a result of the application—the Authority must give notice in writing of the rejection to the Forum on Food Regulation.

Refund on rejection
 (3) If the Authority rejects:
 (a) an application for the development or variation of a food regulatory measure; or
 (b) a draft food regulatory measure or a draft variation of a food regulatory measure that results from an application;
after the applicant has paid a charge under section 146 in relation to the application, the Authority must refund to the applicant so much of the charge as is equivalent to the sum paid by the applicant but not expended from the charge, calculated in accordance with the regulations.

Notice of abandonment
 (4) If the Authority abandons:
 (a) a proposal for the development of a standard or the variation of a standard; or
 (b) a draft food regulatory measure or a draft variation of a food regulatory measure that results from such a proposal;
the Authority must comply with the notice requirements set out in subsection (5).
 (5) The notice requirements for the purposes of subsection (4) are as follows:
 (a) if the Authority abandons the proposal after public notice is given under section 58 or 75, the Authority must give public notice of the abandonment, and the reasons for the abandonment;
 (b) if the abandonment occurs after a draft food regulatory measure or a draft variation of a food regulatory measure has been prepared as a result of the proposal—the Authority must give notice in writing of the abandonment to the Forum on Food Regulation.