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Food Standards Australia New Zealand Act 1991
101Re‑affirm the standard or variation or propose changes
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#### 101 Re‑affirm the standard or variation or propose changes
(1) After the submission period, and in any event within 12 months after the standard or variation takes effect, the Authority must:
(a) re‑affirm its decision to approve the standard or variation; or
(b) prepare a proposal under section 55 for the development of:
(i) the variation, or further variation, of the relevant standard; or
(ii) a replacement standard.
> Note: The Board must not delegate its powers to act on behalf of the Authority under this subsection—see section 150.
(2) In making a decision under subsection (1), the Authority must take into account all submissions made during the submission period.
(3) Within 10 business days after making a decision under subsection (1), the Authority must give the Forum on Food Regulation written notice of its decision, and include with that notice a report prepared in accordance with subsection (4).
(4) The report must include each of the following:
(a) the reasons for initially declaring the application or proposal that resulted in the standard or variation to be urgent;
(b) a copy of the declaration under section 95;
(c) a copy of the standard or variation approved as a result of the application or proposal;
(d) a summary of the submissions received by the Authority in relation to the standard or variation approved as a result of the urgent application or proposal;
(e) the Authority’s responses to the issues raised in those submissions;
(f) the Authority’s reasons for its decision under subsection (1);
(g) if applicable—a Regulation Impact Statement in relation to the standard or variation.
(5) If the Authority notifies the Forum on Food Regulation that the Authority has re‑affirmed a standard or variation of a standard, the Forum may direct the Authority to give the Forum such information as the Forum reasonably requires for the purpose of assisting the Forum to make a decision about the standard or variation under section 102.