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Appendix 2 - Report against FSANZ Act Requirements

Applications received and proposals prepared before 1 October 2007

Section 69 of the Food Standards Australia New Zealand Act 1991 (as was in force before 1 July 2007) requires FSANZ to report on its processing of applications and proposals in the following way:

During 2013–14, FSANZ progressed 4 applications received before 1 October 2007:

(v) 0 were withdrawn;

(vi) 0 were rejected by FSANZ;

(vii) 0 were finalised and notified to the Forum;

(viii) 0 were considered after a request for a review and notified to the Forum; and

(ix) 4 were still being progressed as at 30 June 2014.

During 2013–14, FSANZ progressed 5 proposals prepared before 1 October 2007:

(v) 1 was abandoned by FSANZ;

(vi) 0 were finalised and notified to the Forum;

(vii) 0 were considered after a request for a review and notified to the Forum; and

(viii) 4 were still being progressed as at 30 June 2014.

(e) Any occasion during 2013–14 that FSANZ, after preparing a draft standard or a draft variation of a standard, failed to make a decision under Section 18 of the FSANZ Act (as was in force before 1 July 2007) within the period required under Section 35 (as was in force prior to 1 July 2007) and a statement of the reasons for that failure:

N/A

(f) Extensions of time FSANZ granted under subsection 35(2) of the FSANZ Act during 2013–14 and the reasons for those extensions:

0

(g) The number of applications made to the Administrative Appeals Tribunal during 2013–14 for a review of a decision made by FSANZ:

0

(h) The results of the applications made to the Administrative Appeals Tribunal that were determined during 2013–14:

N/A

(i) The number of standards made under the FSANZ Act during 2013–14:

0 (this includes both standards and variations to standards gazetted)

(j) The number of draft standards and draft variations approved during 2013–14 under:

(i) section 18 of the FSANZ Act

0

(k) The number of occasions during 2013–14 when requests were made under section 21 of the FSANZ Act (as was in force before 1 July 2007) for a review of a draft standard or draft variation:

0

(l) The number of occasions during 2013–14 when requests were made under section 22 of the FSANZ Act (as was in force before 1 July 2007) for a review of a draft standard or draft variation:

0

(m) The number of occasions during 2013–14 when a draft standard or draft variation was rejected under section 23 of the FSANZ Act (as was in force before 1 July 2007):

0

(n) The number of occasions during 2013–14 when requests were made under section 28A of the FSANZ Act (as was in force before 1 July 2007) for a review of a standard or variation:

0

(p) The number of occasions during 2013–14 when a standard or variation was revoked or amended under section 28C of the FSANZ Act (as was in force before 1 July 2007):

0

Applications received and proposals prepared from 1 October 2007 onwards

Section 152 of the Food Standards Australia New Zealand Act 1991 requires FSANZ to report on its processing of applications and proposals in the following manner:

(aa) The number of applications that were made under section 22 during 2013–2014:

6

(ab) The number of applications accepted under subsection 26(1) during 2013–2014:

8

(ac) The number of applications rejected under subsection 26(1) during 2013–14 and the reasons for the rejections:

0

(ad) The number of applications withdrawn in 2013–14 under subsection 24(1) during the current year:

0

(ae) The number of applications accepted under subsection 26(1) during 2013–14 that FSANZ had not begun to assess under section 29 during 2013–2014:

1

(af) The number of applications accepted under subsection 26(1) during a previous financial year that FSANZ had not begun to assess under section 29 before the end of 2013–2014:

0

(a) the number of applications that were considered under Subdivision D of Division 1 of Part 3 during 2013–2014:

15

(b) the number of applications that were considered under Subdivision E of Division 1 of Part 3 during 2013–2014:

0

(c) the number of applications that were considered under Subdivision F of Division 1 of Part 3 during 2013–2014:

0

(d) the number of applications that were considered under Subdivision G of Division 1 of Part 3 during 2013–2014:

0

(e) for each of those Subdivisions, the number of applications considered under that Subdivision that were disposed of during 2013–14 and the manner of their disposal:

Subdivision D:

7 Approved

0 Withdrawn

1 Rejected

Subdivision E:

0

Subdivision F:

0 Approved

0 Withdrawn

Subdivision G:

0 Approved

0 Withdrawn

(f) for each of those Subdivisions, the average time taken to dispose of applications during 2013–14 (for Approval only):

Subdivision D:

8.3 months

A1075 9 months (not including 2 months for further information)

A1077 8.5 months

A1080 8 months

A1081 8.5 months

A1085 8.5 months

A1087 8 months

A1089 7.5 months

Subdivision E:

N/A

Subdivision F:

N/A

Subdivision G:

N/A

(fa) The number of applications accepted under subsection 26(1) during a previous financial year that FSANZ had begun to assess under section 29 before the end of the current year, but that FSANZ had not disposed of before the end of 2013–14:

0

(fb) For an application covered by paragraph (fa), the period that has elapsed since the application was accepted under subsection 26(1):

N/A

(g) the number of applications made during 2013–14 in relation to which a charge fixed under section 146 was payable:

3

(h) the number of applications made during 2013–14 in relation to which no charge fixed under section 146 was payable:

2

(i) the average number of days that elapsed between the acceptance or rejection under section 26 of an application made during 2013–14 in relation to which no charge fixed under section 146 was payable, and the commencement of the assessment of the application under section 29:

223 days

A1090 accepted 18 July 2013, clock start 12 May 2014 (268 days)

A1091 accepted 4 October 2013, clock start 3 March 2014 (222 days)

A1092 accepted 13 November 2013, clock start 12 May 2014 (180 days)

(j) each occasion during 2013–14 on which the consideration period under section 109 elapsed without FSANZ completing the procedure that FSANZ must, under Subdivision C of Division 1, adopt in considering the application:

0

(k) each occasion during 2013–14 on which FSANZ extended the consideration period under subsection 109(4), and the reasons for that extension:

0

(ka) The number of applications declared under section 95 to be urgent applications during 2013–2014:

0

(l) the number of proposals prepared by FSANZ under section 55 during 2013–2014:

8

(la) The number of proposals prepared under section 55 during 2013–14 that FSANZ had not begun to assess under section 59 during that year:

0

(lb) The number of proposals prepared under section 55 during a previous financial year that FSANZ had not begun to assess under section 59 before the end of 2013–2014

0

(n) the number of proposals that were disposed of during 2013–14 and the manner of their disposal:

4 Approved

2 Abandoned

(o) the average time taken to dispose of proposals under each of Subdivisions D, E, F, G and H of Division 2 of Part 3 during 2013–2014:

General

13.3 Months

P1019 17 months

M1009 9.5 months

Minor

P1032 1 month

Major

33 months

P1005 54 months

P1014 29.5 months

P1015 25 months

P1017 24 months

(p) the average number of days that have elapsed between the preparation of a proposal under section 55 to which Subdivision G of Division 1 of Part 3 does not apply and the commencement of the assessment of the proposal under section 59

42.4 days

P1028 113 days

P1029 82 days

P1030 7 days

P1031 64 days

P1032 28 days

P1033 2 days

M1010 1 day

(pa) The number of proposals prepared under section 55 during a previous financial year that FSANZ had begun to assess under section 59 before the end of 2013–2014, but that FSANZ had not disposed of before the end of 2013–14:

6

(pb) For a proposal covered by paragraph (pa), the period that has elapsed since the proposal was prepared under section 55:

P1016 30 months

P1022 22 months

P1024 18.5 months

P1025 19 months

P1026 15 months

P1027 14.5 months

(pc) The number of proposals declared under section 95 to be urgent proposals during 2013–14:

0

In relation to applications or proposals declared to be urgent under section 95, either in 2013–14 or in previous financial years, the number which were disposed of under section 101 and the manner of their completion:

0

(pd) The number of occasions during the current year when the 12 month period referred to in subsection 101(1) ended with no decision having been made under that subsection and the reasons for no decision having been made:

0

(q) the number of applications made to the Administrative Appeals Tribunal during 2013–14 for review of decisions of FSANZ:

0

(r) the results of the applications made to the Administrative Appeals Tribunal that were determined during 2013–14:

N/A

(s) the number of standards made during 2013–14:

11

(t) the number of draft standards and draft variations approved during 2013–14 under each of the following:

(i) section 33 and 63:

11

(ii) section 41 and 69:

0

(iii) section 52 and 78:

0

section 97

0

(ta) the number of variations given to the Authority under subsection 82(6) during 2013–14:

12

(u) the number of occasions during 2013–14 when requests were made by the Council under Division 3 of Part 3 for a review of a draft standard or draft variation:

0

(v) the number of occasions during 2013–14 when a draft standard or draft variation was rejected by the Council under Division 3 of Part 3:

0

(w) the number of occasions during 2013–14 when requests were made by the Council under Division 4 of Part 3 for a review of a standard or variation:

0

(x) the number of occasions during 2013–14 when a standard or variation was revoked or amended by the Council under Division 4 of Part 3:

0

(y) a summary of policy guidelines notified to FSANZ during 2013–2014:

None notified

(z) such other matters (if any) as are specified in the Regulations:

N/A

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