Fiona Nash (NSW, National Party, Deputy Leader of the Nationals in the Senate) Share this | Hansard source

I thank senators for their contribution to the debate. The Food Standards Australia New Zealand Amendment (Forum on Food Regulation and Other Measures) Bill 2015 amends the Food Standards Australia New Zealand Act 1991, the FSANZ Act. This legislation has been prepared after consultation with the governments of all states and territories and New Zealand. In summary, the amendments to the FSANZ Act include updates to the FSANZ Act to reflect current operations of Food Standards Australia New Zealand; a name change to the Australia and New Zealand Ministerial Forum on Food Regulation, the forum, which was previously known as the Legislation and Governance Forum on Food Regulation; improvements in the clarity and operation of the legislation, including in describing the relationship between the forum and FSANZ, such as when the forum can request FSANZ to undertake work and provide information to assist it to make relevant decisions; and describing when FSANZ must publicly notify the approval of a draft standard or draft variation.

There are also amendments intended to improve regulatory efficiency and provide greater clarification for businesses and FSANZ by removing uncertainty and improving consistency in the way in which the FSANZ Act outlines procedures for consideration of food regulatory measures. The current FSANZ Act requires FSANZ to consult with specified government agencies in undertaking its processes, which means that FSANZ must consult with over 20 agencies on issues that may not be relevant to them. This can delay processes and introduce inefficiencies. The bill amends the definition of 'appropriate government agency' to allow FSANZ to take a more targeted approach to consultation processes and expedite its work. Under the bill, 'appropriate government agency' would include the following: the relevant department of the Commonwealth, state or territory or New Zealand administered by a minister who is a member of the forum; any other body that has an officer on the Food Regulation Standing Committee; and any other body or officer of the Commonwealth, state or territory or New Zealand that FSANZ considers has a particular interest in the relevant matter.

The bill will provide flexibility for FSANZ to consult the Gene Technology Regulator on applications involving gene technology and related technologies. Greater flexibility relates to FSANZ notifying the Gene Technology Regulator about applications involving technologies that may not currently fit the definition of a GMO or GM product but are closely related. It is about future-proofing the notification process.

Several amendments in schedule 1 of the bill seek to clarify that FSANZ is only required to include a regulation impact statement, or RIS, in a report required by the FSANZ act if a RIS is applicable. In other words, FSANZ must include a RIS where the Office of Best Practice Regulation, the OBPR, requires FSANZ to prepare a RIS. A RIS may not be required for proposals or applications assessed by FSANZ where the impact of the proposed regulatory measure is of a minor or machinery nature. However, irrespective of whether OBPR requires FSANZ to prepare a RIS, the FSANZ Act still requires FSANZ to provide a summary of its cost-benefit analysis.

The current FSANZ Act also limits the organisations from which nominations for the FSANZ board can be sought. The bill includes several amendments relating to forum-endorsed recommendations regarding the composition of the FSANZ board, which include amendments that ensure that there are board members with expertise in consumer rights and consumer affairs policy in Australia, as well as board members with one or more fields of expertise in science, public health and the food industry. The amendments allow the minister to undertake the current nomination process, a competitive selection process or both. I intend to undertake both processes simultaneously for each vacant board member position to be filled to maximise the field for each nomination.

The government is streamlining the FSANZ Act to remove unnecessary red tape and to improve and reflect current food regulatory processes. Proposed amendments to the FSANZ Act will require consequential amendments to the Food Standards Australia New Zealand Regulations 1994. I thank senators for their contribution to the debate.

Question agreed to.

Bill read a second time.