166Regulations

1. The Governor-General may, by Order in Council, make regulations for all or any of the following purposes:

3. prescribing, in relation to risk management programmes (see section 17),—
   1. requirements relating to the content of programmes:
   2. other requirements relating to programmes:
   3. how programmes are to be differentiated from other information kept by operators:
4. prescribing, in relation to the registration of risk management programmes (see sections 19 and 20),—
   1. the particulars to be shown in the register:
   2. when part only of a risk management programme may be lodged and the parts that must be lodged:
   3. information and other material that must accompany applications for registration:
   4. how accompanying information and material is to be provided to the Director-General:
5. prescribing, in relation to significant amendments to registered risk management programmes (see section 25),—
   1. the kinds of amendments that require registration under section 25 and those that do not:
   2. how long before a known change, event, or other matter an application for registration of an amendment to the programme must be made:
   3. information and other material that must accompany applications for registration:
   4. how accompanying information and material is to be provided to the Director-General:
   5. other requirements relating to registration of significant amendments:
6. prescribing, in relation to minor amendments to registered risk management programmes (see section 26),—
   1. the intervals at which notification must be given to the Director-General:
   2. information and other material that must accompany a notification:
   3. other requirements relating to notification of minor amendments:
7. prescribing, in relation to the relationship between the Food Act regime and risk management plans (see sections 32 to 34),—
   1. when and to what extent section 34(3)(b) or (c) does not apply:
   2. requirements for determining whether all or any classes of registered food control plans are to be subject to the verification regime of this Act or the Food Act 2014:
   3. any other requirements relating to elections to operate under a risk management programme under section 34:
   4. matters relating to the registration of food control plans as risk management programmes:
10. prescribing, in relation to exports,—
    1. exemptions for any class of consignment, animal material or product, or person for the purposes of section 48:
    2. the kinds of consignments and animal material and products in relation to which the Director-General may grant exemptions under section 50(1):
11. prescribing requirements and procedures for the recognition and renewal of recognition of agencies, persons, and classes of persons under Part 8:
12. prescribing competencies, qualifications, experience, or other requirements that must be met—
    1. in order for a person to be recognised as a recognised agency or a recognised person under Part 8:
    2. in order for a class of persons to be recognised as a recognised class under Part 8:
    3. in order for an agency, a person, or a class of persons to maintain recognition:
    4. by a recognised agency, recognised person, or recognised class:
    5. by an official assessor:
13. prescribing performance standards or other requirements that must be met by a recognised agency when it is managing or carrying out, or a recognised person, a recognised class, or an official assessor when it is carrying out, its specified functions and activities:
14. prescribing any particulars that must be contained in the public register:
15. prescribing procedures and requirements relating to the registration of exporters:
16. prescribing procedures and requirements for applying for and obtaining official assurances, and otherwise prescribing matters in relation to official assurances:
17. specifying persons, or classes of persons, for the purposes of the definition of regulated person in section 77A:
18. prescribing requirements relating to the use of approved systems or devices (see section 158(4)):
22. prescribing procedures and requirements for the listing of game estates:
23. prescribing procedures and requirements for the listing of homekill and recreational catch service providers:
24. prescribing for the purposes of section 69 classes of persons who may kill or process for reward homekill or recreational catch without requiring to be listed as homekill or recreational catch service providers:
25. prescribing forms and procedures for the purposes of this Act:
26. specifying matters which constitute offences for the purposes of section 135(1)(b):
27. specifying decisions as decisions that are subject to review under section 162:
28. permitting supplementary notices to be made to supplement specified provisions of the regulations (see section 167(2)(b)):
29. providing for such other matters as are contemplated by or necessary for giving full effect to this Act and for its due administration.

30. Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

31. Repealed

32. If the regulations permit the making of supplementary notices under subsection (1)(ob),—

33. those supplementary notices are secondary legislation because of section 167(6); and
34. the regulations must contain a statement to that effect.

Notes

• Section 166(1): amended, on 2 March 2018, by section 163(1) of the Food Safety Law Reform Act 2018 (2018 No 3).
• Section 166(1)(a): repealed, on 2 March 2018, by section 163(2) of the Food Safety Law Reform Act 2018 (2018 No 3).
• Section 166(1)(aa): inserted, on 2 March 2018, by section 163(2) of the Food Safety Law Reform Act 2018 (2018 No 3).
• Section 166(1)(ab): inserted, on 2 March 2018, by section 163(2) of the Food Safety Law Reform Act 2018 (2018 No 3).
• Section 166(1)(ac): inserted, on 2 March 2018, by section 163(2) of the Food Safety Law Reform Act 2018 (2018 No 3).
• Section 166(1)(ad): inserted, on 2 March 2018, by section 163(2) of the Food Safety Law Reform Act 2018 (2018 No 3).
• Section 166(1)(ae): inserted, on 2 March 2018, by section 163(2) of the Food Safety Law Reform Act 2018 (2018 No 3).
• Section 166(1)(b): repealed, on 2 March 2018, by section 163(2) of the Food Safety Law Reform Act 2018 (2018 No 3).
• Section 166(1)(c): repealed, on 2 March 2018, by section 163(2) of the Food Safety Law Reform Act 2018 (2018 No 3).
• Section 166(1)(d): replaced, on 2 March 2018, by section 163(2) of the Food Safety Law Reform Act 2018 (2018 No 3).
• Section 166(1)(e): replaced, on 31 August 2012, by section 16(1) of the Animal Products Amendment Act 2012 (2012 No 59).
• Section 166(1)(ea): inserted, on 31 August 2012, by section 16(1) of the Animal Products Amendment Act 2012 (2012 No 59).
• Section 166(1)(ea)(iia): inserted, on 2 March 2018, by section 163(3) of the Food Safety Law Reform Act 2018 (2018 No 3).
• Section 166(1)(eb): inserted, on 31 August 2012, by section 16(1) of the Animal Products Amendment Act 2012 (2012 No 59).
• Section 166(1)(ec): inserted, on 31 August 2012, by section 16(1) of the Animal Products Amendment Act 2012 (2012 No 59).
• Section 166(1)(ga): inserted, on 2 March 2018, by section 163(4) of the Food Safety Law Reform Act 2018 (2018 No 3).
• Section 166(1)(h): replaced, on 2 March 2018, by section 163(4) of the Food Safety Law Reform Act 2018 (2018 No 3).
• Section 166(1)(i): repealed, on 2 March 2018, by section 163(4) of the Food Safety Law Reform Act 2018 (2018 No 3).
• Section 166(1)(j): repealed, on 2 March 2018, by section 163(4) of the Food Safety Law Reform Act 2018 (2018 No 3).
• Section 166(1)(k): repealed, on 31 August 2012, by section 16(3) of the Animal Products Amendment Act 2012 (2012 No 59).
• Section 166(1)(ka): inserted, on 26 September 2002, by section 47 of the Animal Products Amendment Act 2002 (2002 No 29).
• Section 166(1)(oa): inserted, on 2 March 2018, by section 163(5) of the Food Safety Law Reform Act 2018 (2018 No 3).
• Section 166(1)(ob): inserted, on 2 March 2018, by section 163(5) of the Food Safety Law Reform Act 2018 (2018 No 3).
• Section 166(2): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
• Section 166(2): repealed, on 2 March 2018, by section 163(6) of the Food Safety Law Reform Act 2018 (2018 No 3).
• Section 166(3): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).