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

I thank Senator McLucas, Senator Siewert and Senator Bartlett for their contributions to this debate. The Food Standards Australia New Zealand Amendment Bill 2007 proposes amendments to the Food Standards Australia New Zealand Act 1991. It sets out the process for developing and amending joint food standards for Australia and for New Zealand. In summary, the bill introduces a risk based standards assessment and consultation process that will make the process more efficient and more effective. The bill aligns and harmonises standard development processes to eliminate unnecessary duplication and red tape, recognises the changing environment and creates processes to improve the management of issues in relation to food innovation.

On 29 March 2007 the Food Standards Australia New Zealand Amendment Bill 2007 was referred to the Senate Standing Committee on Community Affairs, which delivered its report on 1 May this year. The Standing Committee for the Scrutiny of Bills also reviewed the bill and included comments on the bill in the Alert Digest No. 5 of 2007. Both reports make recommendations that propose the development and tabling of relatively minor government amendments.

In light of these reports it is proposed to move three government amendments to the bill: firstly, to amend the definition of ‘standard’ contained in proposed subsection 3(1) of the bill to also exclude editorial notes and examples which are not boxed; secondly, to amend the stop-the-clock provisions contained in proposed section 109 to provide applicants of paid applications with an option to proceed with the assessment process if they so wish; and, thirdly, to remove new subsection 112(6) of the bill. Subsection 112(6) of the bill authorises the amendment of the standards development process in the Food Standards Australia New Zealand Act 1991 by regulation. The Scrutiny of Bills Committee is concerned that such a provision involves a delegation of legislative power.

The Senate Standing Committee on Community Affairs report also recommended including a definition of ‘public health’—and I know honourable senators mentioned this in the preceding debate. A determination on this complex issue cannot be made by the Commonwealth alone, as such a definition will have significant impact on all jurisdictions, including state jurisdictions, territory jurisdictions and New Zealand. This issue is being considered by the Food Regulation Standing Committee Strategic Working Group presently. The government is actively monitoring the progress on this issue and will consider whether the objectives of the FSANZ Act ought to be clarified once this consultation process among jurisdictions is complete. It notes, however, that there is a need to avoid any clarification of a definition of public health that would result in unintentionally narrowing the scope of the act’s objectives. Additional clarification on a number of comments made by the Scrutiny of Bills Committee has been included in a supplementary explanatory memorandum for the bill.

The state, territory and, indeed, New Zealand governments have all been closely involved in the development of this legislation. All parties are committed to a food regulation system that runs as smoothly and efficiently as possible while maintaining the existing transparent and accountable arrangements. The bill demonstrates this government’s continued commitment to the protection of public health and safety and it improves upon the already robust regulatory arrangements that protect the safety of food for all Australians. I commend the bill to the Senate.

Question agreed to.

Bill read a second time.