1Operator of existing RMP to provide information now required with application to register programme (Repealed)

2Interpretation

1. In this clause and clauses 3 to 5,—

   4-year date means the date that is 4 years after the commencement date

   commencement date means the date on which section 164 of the Food Safety Law Reform Act 2018 comes into force

   existing notice means a notice that was issued by the Director-General under this Act and was in force immediately before the commencement date

   new section 167 means section 167 as inserted by section 164 of the Food Safety Law Reform Act 2018.

3Saving of notices where empowering provisions continued or replaced

1. This clause applies to an existing notice (a continuing notice) that—

2. was made only under 1 or more of the following:
   1. section 167(1)(a) (for section 14):
   2. section 167(1)(f) (for sections 38 and 40):
   3. section 167(1)(i) (for section 50):
   4. section 167(1)(j) (for section 53):
   5. section 60 or 167(1)(ja) (for sections 60 and 60A):
   6. section 167(1)(jb) (for section 60B):
   7. section 167(1)(k) or (l) (for sections 62, 63, and 64):
   8. section 167(1)(ld) (for section 81A):
   9. section 167(1)(ma) (for section 117(4A)):
   10. section 167(1)(n) (for section 158):
   11. section 167(1)(o) (for section 159); or
3. is declared by Order in Council under clause 5 to be a continuing notice.

4. A continuing notice continues in force as if it were a notice issued under new section 167(1) or (2) (as the case requires) for the purposes of,—

5. if the provision for the purposes of which it was made remains in force (with or without modifications), that provision; or
6. otherwise, the provision of the Act that, with or without modification, replaces or corresponds to the provision for the purposes of which it was made.

7. A continuing notice may be amended or revoked as if it were a notice issued under new section 167(1) or (2) (as the case requires).

4Transitional arrangement for other notices

1. This clause applies in relation to an existing notice that is not a continuing notice.

2. Until the 4-year date, a notice to which this clause applies—

3. continues in force as if—
   1. it were a notice issued under new section 167(1) or (2) (as the case requires); and
   2. the provision for the purposes of which it was made had not been amended or repealed by Part 2 of the Food Safety Law Reform Act 2018; and
4. may be amended or revoked by the Director-General by notice under section 167 as in force immediately before the commencement date as if Part 2 of the Food Safety Law Reform Act 2018 had not commenced; and
5. may be revoked by the Director-General by notice under new section 167 or by the regulations.

6. On the 4-year date, any notice to which this clause applies that remains in force is revoked.

5Order in Council declaring notices to be continuing notices

1. The Governor-General may, by Order in Council made on the recommendation of the Minister, declare an existing notice, or a class of existing notices, to be a continuing notice or notices for the purposes of clause 3.

2. The Minister may not recommend the making of an order under this clause unless satisfied that, for each notice to which the order applies, there is an enactment in this Act as amended by the Food Safety Law Reform Act 2018—

3. that, with or without modification, replaces or corresponds to the enactment under which the notice was made; and
4. under which the notice could be made.

5. An Order in Council cannot be made under this clause on or after the 4-year date.

6. An order under this clause is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

6No consolidation of existing notices that are not continuing notices

1. Section 167B does not apply to a notice to which clause 4 applies.