Brett Mason (Queensland, Liberal Party, Parliamentary Secretary to the Minister for Health and Ageing) Share this | Hansard source

I understand Senator Siewert’s frustration, but this bill is not the place to forward this sort of policy proposal. The Food Standards Australia New Zealand Act is Commonwealth legislation that establishes the food regulator and sets out the process for developing and amending food standards. This is a Commonwealth act and it has no legal application within the states and territories. This legislation is enforced by states and territories and, indeed, New Zealand under their own food and health acts. An amendment of this sort in an act such as this will have no effect where it counts, and that is in the jurisdictions that enforce and administer the legislation. The government’s point is purely that this is the wrong place to suggest this sort of amendment. I suggest to honourable senators that such a proposal would have to come through the ministerial council, which is a consultative group of all jurisdictions of the Federation, including the territories and New Zealand, or that people would have to make an application to FSANZ for the development of a food standard. Those are the two ways in which an effect could be had on standards within Australia where they in fact have an impact and are enforced, and that is in state and territory legislation. The government opposes this amendment.

Question negatived.