1Transitional, savings, and related provisions relating to amending Acts Empowered by s 6C
1Provisions relating to Food Safety Law Reform Act 2018
1Operator of existing RMP to provide information now required with application to register programme (Repealed)
Notes
- Schedule 1 clause 1: repealed, on , by clause 1(5).
Saving of notices issued by Director-General
2Interpretation
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
This clause applies to an existing notice (a continuing notice) that—
- was made only under 1 or more of the following:
- section 167(1)(a) (for section 14):
- section 167(1)(f) (for sections 38 and 40):
- section 167(1)(i) (for section 50):
- section 167(1)(j) (for section 53):
- section 60 or 167(1)(ja) (for sections 60 and 60A):
- section 167(1)(jb) (for section 60B):
- section 167(1)(k) or (l) (for sections 62, 63, and 64):
- section 167(1)(ld) (for section 81A):
- section 167(1)(ma) (for section 117(4A)):
- section 167(1)(n) (for section 158):
- section 167(1)(o) (for section 159); or
- section 167(1)(a) (for section 14):
- is declared by Order in Council under clause 5 to be a continuing notice.
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,—
- if the provision for the purposes of which it was made remains in force (with or without modifications), that provision; or
- 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.
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
This clause applies in relation to an existing notice that is not a continuing notice.
Until the 4-year date, a notice to which this clause applies—
- continues in force as if—
- it were a notice issued under new section 167(1) or (2) (as the case requires); and
- 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
- it were a notice issued under new section 167(1) or (2) (as the case requires); and
- 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
- may be revoked by the Director-General by notice under new section 167 or by the regulations.
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
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.
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—
- that, with or without modification, replaces or corresponds to the enactment under which the notice was made; and
- under which the notice could be made.
An Order in Council cannot be made under this clause on or after the 4-year date.
An order under this clause is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
Notes
- Schedule 1 clause 5(4): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
2Provision relating to Statutes Amendment Act 2022
6No consolidation of existing notices that are not continuing notices
Section 167B does not apply to a notice to which clause 4 applies.
Notes
- Schedule 1 clause 6: inserted, on , by section 7 of the Statutes Amendment Act 2022 (2022 No 75).