{"id":"F1996B01999","name":"Food Standards Australia New Zealand Regulations 1994","slug":"food-standards-australia-new-zealand-regulations-1994","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"286 of 1994","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29181,"registerId":"commonwealth-F1996B01999-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Regulations","content":"#### 1 Name of Regulations\n\n These Regulations are the Food Standards Australia New Zealand Regulations 1994.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Definitions","content":"#### 2 Definitions\n\n In these Regulations:\n\n> Act means the Food Standards Australia New Zealand Act 1991.\n\n> administrative costs of the Authority for an application means the total of:\n\n (a) the amounts (however described) that are payable by the Authority for things required by a law of the Commonwealth to be done in connection with the application, except amounts payable for the services of Authority personnel doing work; and\n (b) if the application is for a high level health claims variation—the costs of the High Level Health Claims Committee:\n (i) considering whether to make recommendations relating to the application or a draft high level health claims variation resulting from the application; and\n (ii) formulating and making any such recommendations.\n\n> Agriculture Department means the Department administered by the Minister administering the Imported Food Control Act 1992.\n\n> application means an application made under section 22 of the Act.\n\n> application consideration process means the process undertaken by the Authority in relation to the application under:\n\n (a) Part 3 of the Act, other than the Authority’s dealings with the Forum on Food Regulation; and\n (b) any other Commonwealth law.\n\n> Note: An example for paragraph (b) is a law that requires a new standard to be registered.\n\n> Authority personnel: the following are Authority personnel:\n\n (a) a member;\n (b) a person:\n (i) who holds a position or classification as a member of the staff of the Authority described in any of items 4 to 16 of the table in the definition of Authority personnel variable work cost; or\n (ii) whose variable work on an application is treated as if the person were a member of the staff of the Authority and held such a position or classification.\n\n> Note 1: Paragraph (a) and subparagraph (b)(i) cover both substantive holders of the offices and positions mentioned and persons acting in those offices and positions: see section 20 of the Acts Interpretation Act 1901 (applying because of subsection 13(1) of the Legislation Act 2003).\n\n> Note 2: A person covered by subparagraph (b)(ii) may be a consultant engaged under section 136 of the Act or a person whose services are made available to the Authority under an arrangement under section 137 of the Act.\n\n> Authority personnel variable work cost for an application is the sum of each amount that is the product of:\n\n (a) the number of hours spent, by Authority personnel to whom column 1 of an item of the following table relates, on variable work on the application; and\n (b) the hourly amount in column 2 of the item.\n\n```html\n

Persons and rates for working out Authority personnel variable work cost

Item

Column 1

Office, position or classification of Authority personnel

Column 2

Hourly amount

1

Chairperson of the Board

$591

2

Member (except the Chairperson of the Board and the Chief Executive Officer of the Authority)

$528

3

Chief Executive Officer of the Authority

$328

4

SES officer

$248

5

Principal research scientist

$211

6

Executive Officer Level 2.6 or Legal 2

$191

7

Executive Officer Level 2.5

$187

8

Executive Officer Level 2.4

$180

9

Executive Officer Level 2.3

$175

10

Executive Officer Level 2.2 or Legal 1.9

$167

11

Executive Officer Level 2.1

$158

12

Executive Officer Level 1.3 or Legal 1.8

$151

13

Executive Officer Level 1.2

$144

14

Executive Officer Level 1.1 or Legal 1.7

$138

15

APS 6 or Legal 1.6

$128

16

APS 1, 2, 3, 4 or 5 or Legal 1.1, 1.2, 1.3, 1.4 or 1.5

$118

\n```\n\n> Foreign Affairs Department means the Department administered by the Minister administering the Diplomatic Privileges and Immunities Act 1967.\n\n> general procedure level 1 application means an application that the Authority has classified as a general procedure level 1 application under regulation 7.\n\n> general procedure level 2 application means an application that the Authority has classified as a general procedure level 2 application under regulation 7.\n\n> general procedure level 3 application means an application that the Authority has classified as a general procedure level 3 application under regulation 7.\n\n> general procedure level 4 application means an application that the Authority has classified as a general procedure level 4 application under regulation 7.\n\n> general procedure level 5 application means an application that the Authority has classified as a general procedure level 5 application under regulation 7.\n\n> Health Department means the Department administered by the Minister administering the Act.\n\n> high level health claims procedure level 1 application means an application that the Authority has classified as a high level health claims procedure level 1 application under regulation 7.\n\n> high level health claims procedure level 2 application means an application that the Authority has classified as a high level health claims procedure level 2 application under regulation 7.\n\n> high level health claims procedure level 3 application means an application that the Authority has classified as a high level health claims procedure level 3 application under regulation 7.\n\n> high level health claims procedure level 4 application means an application that the Authority has classified as a high level health claims procedure level 4 application under regulation 7.\n\n> high level health claims procedure level 5 application means an application that the Authority has classified as a high level health claims procedure level 5 application under regulation 7.\n\n> Industry Department means the Department administered by the Minister administering the Industry Research and Development Act 1986.\n\n> major procedure application means an application that the Authority has classified as a major procedure application under regulation 7.\n\n> proposal means a proposal prepared under section 55 of the Act.\n\n> Treasury Department means the Department administered by the Treasurer.\n\n> variable work on an application means work for the Authority for the purposes of the Authority complying with any of the following provisions of the Act (applying of their own force or because of another provision of the Act):\n\n (a) section 29 (assessing the application);\n (b) paragraph 33(1)(b) and subsections 33(2) and (3) (preparing a report relating to the application having regard to public submissions relating to a draft food regulatory measure, or a draft variation of such a measure, prepared in response to the application);\n (c) section 45 (having regard to public submissions relating to the application);\n (d) paragraph 52(1)(b) and subsection 52(2) (preparing a report relating to an application for a high level health claims variation).","sortOrder":2},{"sectionNumber":"Part 2","sectionType":"part","heading":"Commercial confidential information","content":"## Part 2—Commercial confidential information","sortOrder":3},{"sectionNumber":"6","sectionType":"section","heading":"Authorities to which confidential commercial information may be disclosed","content":"#### 6 Authorities to which confidential commercial information may be disclosed\n\n (1) For paragraph 114(4)(b) of the Act, the following Commonwealth authorities are prescribed:\n (a) the Agriculture Department;\n (b) the Foreign Affairs Department;\n (c) the Health Department;\n (d) the Industry Department;\n (e) the Treasury Department.\n (2) For paragraph 114(4)(b) of the Act, the following State or Territory authorities are prescribed:\n (a) the Department of State of each State or Territory that is primarily responsible for public health in that State or Territory;\n (b) the Department of State of each State and Territory that is primarily responsible for primary industries in that State or Territory;\n (c) NSW Food Authority;\n (d) the Department of State of Victoria that is primarily responsible for the food and beverage industry;\n (e) Safe Food Production QLD.\n (3) For paragraph 114(4)(b) of the Act, the following New Zealand authorities are prescribed:\n (a) the Department of State of New Zealand that is primarily responsible for public health;\n (b) the Department of State of New Zealand that is primarily responsible for primary industries;\n (c) Environment Protection Authority.","sortOrder":4},{"sectionNumber":"Part 3","sectionType":"part","heading":"Nominations for Board members","content":"## Part 3—Nominations for Board members","sortOrder":5},{"sectionNumber":"6A","sectionType":"section","heading":"Organisations and public bodies from which nominations for Board members may be sought","content":"#### 6A Organisations and public bodies from which nominations for Board members may be sought\n\n Australian science and public health organisations and bodies\n (1) For paragraph 116(3)(b) of the Act, an Australian organisation or public body mentioned in an item in the following table is prescribed for the purposes of each subparagraph of paragraph 116(3)(a) of the Act mentioned in that item.\n\n```html\n

Australian science and public health organisations and bodies

Item

Organisation or body

Subparagraph of paragraph 116(3)(a)

1

Australian Academy of Science

Subparagraph (vi)

2

Australian Institute of Environmental Health

Subparagraphs (i), (iii), (vii) and (viii)

3

Australian Medical Association

Subparagraphs (i) and (vi)

4

Australian Society for Biochemistry and Molecular Biology

Subparagraphs (vi), (vii) and (ix)

5

Australian Veterinary Association

Subparagraph (x)

6

CHOICE

Subparagraphs (i) and (ii)

7

Consumers Health Forum of Australia

Subparagraphs (i) and (ii)

8

Dietitians Association of Australia

Subparagraphs (i), (iii), (iv), (v) and (viii)

9

Food Science Australia

Subparagraphs (iii), (iv), (v), (vii) and (viii)

10

National Aboriginal Community Controlled Health Organisation

Subparagraphs (i) and (ii)

11

Nutrition Australia

Subparagraphs (i), (ii) and (v)

12

Nutrition Society of Australia (Inc)

Subparagraphs (iii), (iv), (v) and (viii)

13

Public Health Association of Australia

Subparagraphs (i), (ii), (iii), (iv), (v) and (viii)

14

Royal Australian Chemical Institute Incorporated

Subparagraph (iii)

15

The Australian Institute of Food Science and Technology Incorporated

Subparagraphs (i), (iii), (vi), (v), (vii) and (viii)

16

The Australian Society for Microbiology

Subparagraph (vii)

17

The Royal Australasian College of Physicians (Faculty of Public Health Medicine)

Subparagraphs (i), (v) and (vi)

\n```\n\n New Zealand science and public health organisations and bodies\n (2) For paragraph 116(3)(b) of the Act, an organisation or public body of New Zealand mentioned in an item in the following table is prescribed for the purposes of each subparagraph of paragraph 116(3)(a) of the Act mentioned in that item.\n\n```html\n

New Zealand science and public health organisations and bodies

Item

Organisation or body

Subparagraph of paragraph 116(3)(a)

1

Consumer NZ

Subparagraphs (ii), (v) and (viii)

2

Dietitians NZ

Subparagraphs (i), (ii), (iii), (iv), (v) and (viii)

3

Health Research Council of New Zealand

Subparagraphs (i), (iv), (v), (vi), (vii) and (ix)

4

Maori Women’s Welfare League Inc

Subparagraphs (i), (ii) and (viii)

5

National Council of Women of New Zealand

Subparagraph (ii)

6

New Zealand Medical Association

Subparagraphs (i) and (vi)

7

NZ Nutrition Foundation

Subparagraphs (v), (vi) and (viii)

8

NZBIO

Subparagraph (ix)

9

Public Health Association of New Zealand Inc

Subparagraphs (i), (ii), (iii), (iv), (v), (vi), (vii), (viii) and (ix)

10

Science New Zealand

Subparagraphs (i), (ii), (iii), (vi), (vii), (viii) and (ix)

11

The New Zealand Institute of Food Science and Technology Inc

Subparagraphs (iii), (viii) and (ix)

12

The Royal Australasian College of Physicians, New Zealand Committee, Faculty of Public Health Medicine

Subparagraphs (i), (v) and (vi)

13

The Royal Society of New Zealand

Subparagraphs (vii) and (ix)

\n```\n\n Australian food industry organisations and bodies\n (3) For paragraph 116(4)(b) of the Act, an Australian organisation or public body mentioned in an item in the following table is prescribed for the purposes of each subparagraph of paragraph 116(4)(a) of the Act mentioned in that item.\n\n```html\n

Australian food industry organisations and bodies

Item

Organisation or body

Subparagraph of paragraph 116(4)(a)

1

Australian Chamber of Commerce and Industry

Subparagraphs (i), (ii), (iv), (vi) and (vii)

2

Australian Food and Grocery Council

Subparagraphs (i), (ii), (v), (vi) and (vii)

3

Australian Hotels Association

Subparagraphs (i), (iv), (vi) and (vii)

4

Council of Small Business Australia

Subparagraphs (iv) and (vi)

5

National Association of Retail Grocers of Australia Pty Ltd

Subparagraphs (ii) and (iv)

6

National Farmers’ Federation Limited

Subparagraphs (iii), (iv), (v) and (vi)

7

Restaurant and Catering Australia

Subparagraphs (i), (iv), (vi) and (vii)

8

The Australian Industry Group

Subparagraphs (i), (iv), (v), (vi) and (vii)

9

The Australian Retailers Association

Subparagraphs (i), (ii), (iv), (vi) and (vii)

\n```\n\n New Zealand food industry organisations and bodies\n (4) For paragraph 116(4)(b) of the Act, an organisation or public body of New Zealand mentioned in an item in the following table is prescribed for the purposes of each subparagraph of paragraph 116(4)(a) of the Act mentioned in that item.\n\n```html\n

New Zealand food industry organisations and bodies

Item

Organisation or body

Subparagraph of paragraph 116(4)(a)

1

New Zealand Food and Grocery Council

Subparagraphs (i), (ii), (iv), (v), (vi) and (vii)

2

New Zealand Retailers Association

Subparagraph (ii)

3

The Grocery Retailers Association

Subparagraphs (i), (ii) and (iv)

\n```","sortOrder":6},{"sectionNumber":"Part 4","sectionType":"part","heading":"Charges","content":"## Part 4—Charges","sortOrder":7},{"sectionNumber":"6B","sectionType":"section","heading":"Scope of this Part","content":"#### 6B Scope of this Part\n\n This Part applies in relation to an application if:\n (a) the applicant has elected to have the consideration of the application expedited; or\n (b) the application is to develop or vary a standard and the development or variation of the standard would confer an exclusive capturable commercial benefit on the applicant.","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Classification of application on basis of procedure and variable work","content":"#### 7 Classification of application on basis of procedure and variable work\n\n (1) If the Authority accepts an application under section 26 or 47 of the Act, the Authority must:\n (a) estimate the total number of person‑hours of variable work by Authority personnel on the application; and\n (b) classify the application in accordance with the estimate and the following table; and\n (c) if the estimate is more than 520 person‑hours—also estimate the number of those person‑hours for each kind of office, position or classification.\n\n```html\n

Classification of application

Item

Column 1

Procedure for considering application

Column 2

Estimated total number of person‑hours of variable work

Column 3

Classification

1

General procedure

Not more than 180

General procedure level 1 application

2

General procedure

More than 180, but not more than 290

General procedure level 2 application

3

General procedure

More than 290, but not more than 420

General procedure level 3 application

4

General procedure

More than 420, but not more than 520

General procedure level 4 application

5

General procedure

More than 520

General procedure level 5 application

6

Subdivision F of Division 1 of Part 3 of the Act

Any number

Major procedure application

7

Subdivision G of Division 1 of Part 3 of the Act

Not more than 180

High level health claims procedure level 1 application

8

Subdivision G of Division 1 of Part 3 of the Act

More than 180, but not more than 290

High level health claims procedure level 2 application

9

Subdivision G of Division 1 of Part 3 of the Act

More than 290, but not more than 420

High level health claims procedure level 3 application

10

Subdivision G of Division 1 of Part 3 of the Act

More than 420, but not more than 520

High level health claims procedure level 4 application

11

Subdivision G of Division 1 of Part 3 of the Act

More than 520

High level health claims procedure level 5 application

\n```\n\n> Note: The classification of an application affects the charge payable for considering it and whether the charge may be paid in instalments.\n\n (2) The Authority must give the applicant written notice of:\n (a) the classification of the application; and\n (b) if the application is classified as:\n (i) a general procedure level 5 application; or\n (ii) a major procedure application; or\n (iii) a high level health claims procedure level 5 application;\n the amount of the charge under subregulation 8(2) for the application.\n (3) This regulation does not apply to an application if the procedure for considering the application is described in Subdivision E of Division 1 of Part 3 of the Act (about minor variations).","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Charges","content":"#### 8 Charges\n\n (1) For the purposes of subsection 146(1) of the Act, this regulation fixes charges to be paid by the applicant for the Authority’s services relating to an application.\n Basic charge\n (2) The charge for an application described in column 1 of an item of the following table is the sum of:\n (a) the amounts described in columns 2 and 3 of the item; and\n (b) $23,697.\n\n```html\n

Charges relating to applications

Item

Column 1

Application

Column 2

Variable component

Column 3

Administrative component

1

General procedure level 1 application

$25,180

$750

2

General procedure level 2 application

$40,570

$750

3

General procedure level 3 application

$58,760

$750

4

General procedure level 4 application

$72,750

$750

5

General procedure level 5 application

The total of:

(a) $72,750; and

(b) if, on the basis of the estimates under regulation 7, the Authority personnel variable work cost for the application is expected to exceed $72,750—the excess

$750

6

Major procedure application

The total of:

(a) $113,320; and

(b) if, on the basis of the estimates under regulation 7, the Authority personnel variable work cost for the application is expected to exceed $113,320—the excess

$750

7

High level health claims procedure level 1 application

$25,180

$750

8

High level health claims procedure level 2 application

$40,570

$750

9

High level health claims procedure level 3 application

$58,760

$750

10

High level health claims procedure level 4 application

$72,750

$750

11

High level health claims procedure level 5 application

The total of:

(a) $72,750; and

(b) if, on the basis of the estimates under regulation 7, the Authority personnel variable work cost for the application is expected to exceed $72,750—the excess

$750

\n```\n\n Extra charge for high administrative costs\n (3) Also, if:\n (a) the administrative costs of the Authority for the application exceed the amount described in column 3 of the relevant item of the table in subregulation (2); and\n (b) the Authority notifies the applicant of the excess and its amount;\n there is a charge equal to the excess. The charge is due and payable 30 days after the applicant is notified.","sortOrder":10},{"sectionNumber":"8A","sectionType":"section","heading":"Paying charges under subregulation 8(2) by instalments","content":"#### 8A Paying charges under subregulation 8(2) by instalments\n\n Which charges may be paid by instalments\n (1) For the purposes of subsection 146(1A) of the Act, a charge under subregulation 8(2) for any of the following applications may be paid by instalments in accordance with this regulation:\n (a) a general procedure level 3 application, a general procedure level 4 application or a general procedure level 5 application;\n (b) a major procedure application;\n (c) a high level health claims level 3 application, a high level health claims level 4 application or a high level health claims level 5 application.\n First instalment\n (2) The first instalment is:\n (a) 75% of the charge; or\n (b) for a major procedure application—25% of the charge.\n\n> Note: Sections 27, 28, 48, 49 and 109 of the Act deal with the timing of payment of the first instalment and the effects of not paying the instalment on time.\n\n Second instalment\n (3) The second instalment is the rest of the charge.\n (4) The second instalment is due:\n (a) at the end of the submission period described in paragraph 31(2)(c) of the Act (applying of its own force or because of section 43 of the Act) relating to the application; or\n (b) if the application is for a high level health claims variation and the applicant has made an election under section 51 of the Act—at the end of the submission period described in paragraph 51(3)(c) of the Act; or\n (c) if the application is for a high level health claims variation and the applicant has not made an election under section 51 of the Act—20 business days after a notice is given to the applicant under subregulation (5) in relation to the application.\n\n> Note: If the second instalment is not paid when it is due, the consideration period for completing the procedure under Subdivision D, F or G of Division 1 of Part 3 of the Act for considering the application stops running under subsection 109(7) of the Act while the instalment remains unpaid.\n\n (5) For the purposes of paragraph (4)(c), when the Authority considers that it is appropriate for the second instalment to be paid, given the stage that the process of dealing with the application has reached, the Authority must give the applicant written notice that the applicant must pay the second instalment.","sortOrder":11},{"sectionNumber":"8B","sectionType":"section","heading":"Second instalment for certain withdrawn or rejected applications","content":"#### 8B Second instalment for certain withdrawn or rejected applications\n\n (1) For the purposes of subsection 146(1A) of the Act, this regulation applies, despite subregulations 8A(3) and (4), to an application described in subregulation 8A(1) that:\n (a) is withdrawn under section 24 of the Act before the Authority makes a decision relating to the application under whichever of the following subsections of the Act applies in relation to the application (of its own force or because of section 43 of the Act):\n (i) subsection 33(1);\n (ii) subsection 35(1);\n (iii) subsection 52(1); or\n (b) is rejected by the Authority under paragraph 30(1)(b) or subparagraph 52(1)(a)(ii) of the Act (applying of its own force or because of section 43 of the Act).\n (2) The second instalment is:\n (a) if the Authority personnel variable work cost for the application, immediately before notice of the withdrawal is given to the Authority or notice of the rejection is given to the applicant, exceeds the amount of the first instalment attributable to column 2 of the relevant item of the table in subregulation 8(2) (variable component)—the excess; or\n (b) if paragraph (a) does not apply—nil.\n (3) The Authority must give the applicant a written notice that sets out the amount (if any) of the second instalment.\n (4) The second instalment is (if more than nil) due and payable 20 business days after the day the notice of withdrawal or rejection is given.","sortOrder":12},{"sectionNumber":"9","sectionType":"section","heading":"Refunds","content":"#### 9 Refunds\n\n (1) This regulation:\n (a) specifies, for the purposes of subsection 149(2) of the Act, circumstances in which a refund of charge under section 146 of the Act paid by an applicant for an application is to be made; and\n (b) provides, for the purposes of subsections 24(2), 110(3) and 149(2) of the Act, for the calculation of the amount of the refund.\n (2) The refund is to be made (whether or not subsection 24(2) or 110(3) of the Act applies) if either or both of the following apply:\n (a) the amount of the charge paid that is attributable to column 2 of the relevant item of the table in subregulation 8(2) (variable component) exceeds the Authority personnel variable work cost for the application;\n (b) the amount of the charge paid that is attributable to column 3 of the relevant item of the table in subregulation 8(2) (administrative component) exceeds the administrative costs of the Authority for the application.\n (3) The refund is the total of the excess described in whichever of paragraphs (2)(a) and (b) apply.","sortOrder":13},{"sectionNumber":"Part 5","sectionType":"part","heading":"Time for considering applications","content":"## Part 5—Time for considering applications","sortOrder":14},{"sectionNumber":"11","sectionType":"section","heading":"Period within which consideration of applications for standards or variations must be complete","content":"#### 11 Period within which consideration of applications for standards or variations must be complete\n\n For subsection 109 (3) of the Act, the consideration period ends:\n (a) for an application to which Subdivision D of Division 1 of Part 3 of the Act (general procedure) applies—9 months after it begins; and\n (b) for an application to which Subdivision E of Division 1 of Part 3 of the Act (minor procedure) applies—3 months after it begins; and\n (c) for an application to which Subdivision G of Division 1 of Part 3 of the Act (high level health claims) applies—9 months after it begins.","sortOrder":15},{"sectionNumber":"Part 6","sectionType":"part","heading":"Application and transitional provisions","content":"## Part 6—Application and transitional provisions","sortOrder":16},{"sectionNumber":"12","sectionType":"section","heading":"Application of the Food Standards Australia New Zealand Amendment (High Level Health Claims and Other Measures) Regulation 2015","content":"#### 12 Application of the Food Standards Australia New Zealand Amendment (High Level Health Claims and Other Measures) Regulation 2015\n\n Schedule 1 to the Food Standards Australia New Zealand Amendment (High Level Health Claims and Other Measures) Regulation 2015 applies to an application received by the Authority on or after the commencement of that Schedule.","sortOrder":17},{"sectionNumber":"13","sectionType":"section","heading":"Application of amendments made by the Food Standards Australia New Zealand Amendment (Charges) Regulations 2019","content":"#### 13 Application of amendments made by the Food Standards Australia New Zealand Amendment (Charges) Regulations 2019\n\n (1) The amendments of these Regulations made by the Food Standards Australia New Zealand Amendment (Charges) Regulations 2019 apply in relation to applications made on or after 1 July 2019.\n (2) Subregulation (1) does not apply to the amendments inserting the headings to Parts 1, 2, 3, 5 and 6.","sortOrder":18},{"sectionNumber":"14","sectionType":"section","heading":"Application of amendments made by the Food Standards Australia New Zealand Amendment (Charges) Regulations 2024","content":"#### 14 Application of amendments made by the Food Standards Australia New Zealand Amendment (Charges) Regulations 2024\n\n The amendments of these Regulations made by the Food Standards Australia New Zealand Amendment (Charges) Regulations 2024 apply in relation to applications made on or after 1 July 2024.","sortOrder":19},{"sectionNumber":"15","sectionType":"section","heading":"Application of amendments made by the Food Standards Australia New Zealand Amendment (Charges) Regulations 2025","content":"#### 15 Application of amendments made by the Food Standards Australia New Zealand Amendment (Charges) Regulations 2025\n\n The amendments of these Regulations made by the Food Standards Australia New Zealand Amendment (Charges) Regulations 2025 apply in relation to applications made on or after 1 October 2025.","sortOrder":20}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"These regulations are procedural and financial: they set fees, cost calculations, timelines, instalment/refund rules, and prescribe external bodies for information sharing and nominations (regs 6, 6A, 7, 8, 8A, 9, 11). They do not change the Authority's substantive statutory powers or the legal criteria for approving standards under the Act; they alter administrative scope (who pays, when, and how) rather than the regulatory scope of the Act."},"complexity_factors":["Multiple application classification tiers tied to estimated person‑hours, affecting fees and instalment eligibility (reg 7).","Dual charging structure: fixed base amounts plus a variable component derived from estimated Authority personnel work (reg 8(2)).","Detailed hourly rates by office/position for calculating the Authority personnel variable work cost (definitions and table under reg 2).","Administrative cost surcharge where actual administrative costs exceed the prescribed component, with notification and separate payment timing (reg 8(3)).","Instalment mechanics differ by procedure type, include large first‑instalment percentages or special major‑procedure rules, and dependency on process stage for second instalment notices (regs 8A, 8A(2)–(5)).","Special rule for second instalment when an application is withdrawn or rejected; calculation depends on work already performed (reg 8B).","Refund calculation requires comparing amounts paid (variable and administrative components) to actual Authority personnel variable work cost and administrative costs (reg 9).","Extensive cross‑references to multiple sections of the Act and other subdivisions, increasing interpretive and operational complexity (regs 7, 8, 9, 11).","Long prescribed lists/tables of Commonwealth, State/Territory and New Zealand authorities and industry/science organisations for disclosure and nominations (regs 6, 6A and schedule tables).","Transitional and staged application of amendments with different commencement dates, requiring temporal tracking for which rules apply to which applications (regs 12–15)."],"plain_english_summary":"These regulations set how Food Standards Australia New Zealand (the Authority) handles and charges for applications to make or vary food standards: the Authority estimates staff hours, classifies applications by procedure level, fixes base and variable fees (including hourly rates by staff grade), allows instalment payments and refunds, and sets processing time limits. The Authority decides the classification and timing (reg 7); applicants pay the charges fixed in reg 8. The instrument also lists which Commonwealth, State, and New Zealand bodies may receive confidential commercial information and which organisations may be asked to nominate Board candidates (regs 6, 6A)."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The regulations have expanded significantly from their original 1994 scope. Originally focused on basic administrative matters, they now include: (1) a sophisticated cost-recovery charging regime with 11 application classifications and variable pricing based on personnel time; (2) detailed Board nomination processes listing 30+ specific organisations across Australia and New Zealand; (3) complex instalment payment mechanisms; and (4) specific provisions for 'high level health claims' introduced in 2015. The charging framework in Part 4 represents a major expansion into detailed financial administration that goes well beyond standard regulatory machinery provisions."},"complexity_factors":["Extensive defined terms section with 20+ definitions, many cross-referencing the parent Act","Complex fee calculation methodology involving three components (base fee + variable component + administrative component) with tiered thresholds","Multiple nested tables (4 tables total) mapping application types to fee levels and personnel classifications","16-tier personnel classification system with specific hourly rates ranging from $118 to $591","Conditional logic for instalment payments based on application type and withdrawal/rejection scenarios","Cross-references to multiple subdivisions and sections of the parent Act (Food Standards Australia New Zealand Act 1991)","Transitional provisions applying different versions of regulations to applications based on commencement dates"],"plain_english_summary":"These regulations set out the administrative rules for Food Standards Australia New Zealand (FSANZ), the body that writes the food rules for both Australia and New Zealand.\n\n**What this legislation does:**\n\n* **Sets fees for food standard applications:** If a food company wants to change a food standard (for example, to allow a new ingredient or make a health claim), these regulations set out how much they must pay FSANZ to process the application. The fees range from around $49,000 for simple applications to over $113,000 for complex ones, with extra charges if the work takes longer than expected.\n* **Lists who can nominate Board members:** FSANZ has a Board that oversees its work. These regulations list which organisations (like the Australian Medical Association, consumer groups like CHOICE, and industry bodies like the National Farmers' Federation) can suggest people to sit on the Board.\n* **Controls confidential information:** The regulations specify which government departments and agencies in Australia, New Zealand, and the states/territories can receive commercially sensitive information that companies submit with their applications.\n* **Sets time limits:** It sets deadlines for how long FSANZ has to process different types of applications (3 months for minor changes, 9 months for standard applications).\n\n**Who it affects:**\n\n* Food manufacturers and importers who want to change food standards\n* FSANZ staff who process applications and calculate fees\n* Consumer and industry groups who nominate Board members\n* Government agencies that receive confidential commercial information\n\n**Why it matters:**\nThis is the 'business operations' manual for FSANZ. It ensures that companies pay for the regulatory work they require, that the Board represents diverse stakeholder interests, and that sensitive business information is shared appropriately with relevant government bodies."}},"importantCases":[],"_links":{"self":"/api/acts/food-standards-australia-new-zealand-regulations-1994","history":"/api/acts/food-standards-australia-new-zealand-regulations-1994/history","analysis":"/api/acts/food-standards-australia-new-zealand-regulations-1994/analysis","conflicts":"/api/acts/food-standards-australia-new-zealand-regulations-1994/conflicts","importantCases":"/api/acts/food-standards-australia-new-zealand-regulations-1994/important-cases","documents":"/api/acts/food-standards-australia-new-zealand-regulations-1994/documents"}}