Australia New Zealand Food Authority Amendment Act 2001 (Cth)

Australia New Zealand Food Authority Amendment Act 2001 Act No. 81 of 2001 as amended This compilation was prepared on 2 August 2002 [This Act was amended by Act No. 63 of 2002] Amendments from Act No. 63 of 2002 [Schedule 2 (item 2) amended heading to Item 185 of Schedule 1 Schedule 2 (item 2) commenced on 10 July 2001] Prepared by the Office of Legislative Drafting, Attorney‑General's Department, Canberra Contents 1 Short title................................... 2 Commencement............................... 3 Schedule(s).................................. Schedule 1—Amendment of the Australia New Zealand Food Authority Act 1991 Part 1—General amendments Part 2—Technical correction to section 7 Part 3—Other technical amendments Part 4—Amendments relating to matters that may be included in standards Schedule 2—Amendment of the Australia New Zealand Food Authority Amendment Act (No. 2) 1997 Schedule 3—Amendment of other Acts Agricultural and Veterinary Chemicals Act 1994 Gene Technology Act 2000 Imported Food Control Act 1992 Industrial Chemicals (Notification and Assessment) Act 1989 Therapeutic Goods Act 1989 An Act to amend the Australia New Zealand Food Authority Act 1991, and for other purposes [Assented to 10 July 2001] The Parliament of Australia enacts: 1 Short title This Act may be cited as the Australia New Zealand Food Authority Amendment Act 2001. 2 Commencement (1) The following provisions commence on the day on which this Act receives the Royal Assent: (a) sections 1, 2 and 3; (aa) item 120A of Part 1 of Schedule 1; (b) Parts 3 and 4 of Schedule 1. (2) Part 1 of Schedule 1 (other than item 120A), and Schedule 3, commence on the first day after the commencement of this section on which an amendment of the Australia New Zealand Joint Food Standards Agreement comes into force in accordance with Article 10 of that Agreement. (3) Part 2 of Schedule 1 is taken to have commenced on 23 December 1999, immediately after the commencement of item 10 of Schedule 1 to the Australia New Zealand Food Authority Amendment Act 1999. (4) Schedule 2 is taken to have commenced on 16 December 1997, immediately after the commencement of subsection 2(4) of the Australia New Zealand Food Authority Amendment Act (No. 2) 1997. (5) As soon as practicable after the commencement of the following provisions: (a) Part 1 of Schedule 1 (other than item 120A); (b) Schedule 3; the Minister must cause to be published in the Gazette a notice specifying the day on which those provisions commenced. (6) In this section: Australia New Zealand Joint Food Standards Agreement means the Agreement between the Government of Australia and the Government of New Zealand Establishing a System for the Development of Joint Food Standards, signed at Wellington on 5 December 1995. 3 Schedule(s) Subject to section 2, each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms. Schedule 1—Amendment of the Australia New Zealand Food Authority Act 1991 Part 1—General amendments 1 Title Omit "an Australia New Zealand Food Authority", substitute "a body to be known as Food Standards Australia New Zealand". 2 Section 1 Omit "Australia New Zealand Food Authority", substitute "Food Standards Australia New Zealand". 3 Section 2A Omit "Food Authority", substitute "body to be known as Food Standards Australia New Zealand". 4 Subsection 3(1) (paragraph (a) of the definition of Australia New Zealand Food Standards Code) Omit "the Council", substitute "a former Council". 5 Subsection 3(1) Insert: Australia New Zealand Joint Food Standards Agreement means the Agreement between the Government of Australia and the Government of New Zealand Establishing a System for the Development of Joint Food Standards, signed at Wellington on 5 December 1995, as amended in accordance with Article 10 of that Agreement. 6 Subsection 3(1) (definition of Authority) Repeal the definition, substitute: Authority means Food Standards Australia New Zealand. 7 Subsection 3(1) Insert: Board means the Board of the Authority. 8 Subsection 3(1) Insert: business day means a day that is not: (a) a Saturday; or (b) a Sunday; or (c) a public holiday in the Australian Capital Territory or in Wellington, New Zealand. 9 Subsection 3(1) (definition of Council) Repeal the definition, substitute: Council means the Australia and New Zealand Food Regulation Ministerial Council that was established by the Food Regulation Agreement 2000. 10 Subsection 3(1) Insert: develop, in relation to a food regulatory measure or a variation of a food regulatory measure, includes: (a) prepare a draft of the measure or variation; and (b) approve a draft of the measure or variation. 11 Subsection 3(1) (definition of Food Advisory Committee) Repeal the definition. 12 Subsection 3(1) Insert: Food Regulation Agreement 2000 means the Food Regulation Agreement that was entered into on 3 November 2000 between the Commonwealth, the States, the Northern Territory and the Australian Capital Territory. 13 Subsection 3(1) Insert: former Council means: (a) the Council of Commonwealth, State and Territory Ministers that was established in 1986 by agreement between the Commonwealth, the States and the Northern Territory and is known as the National Food Standards Council; or (b) if that Council was reconstituted but continued in existence under that name by agreement between the Commonwealth, the States, the Northern Territory and the Australian Capital Territory, whether entered into before or after this Act commences—that Council as so reconstituted and continued in existence; or (c) if that Council was reconstituted but continued in existence under the name Australia New Zealand Food Standards Council by agreement between the Commonwealth, the States, the Northern Territory and the Australian Capital Territory—that Council as so reconstituted and continued in existence. 14 Subsection 3(1) (definition of member) Omit "Authority", substitute "Board". 15 Subsection 3(1) Insert: New Zealand lead Minister on the Council means the Minister of the government of New Zealand who is: (a) a member of the Council; and (b) nominated by the government of New Zealand to be the New Zealand lead Minister on the Council. 16 Subsection 3(1) (before paragraph (a) of the definition of standard) Insert: (aa) a standard made under this Act after the commencement of Part 1 of Schedule 1 to the Australia New Zealand Food Authority Amendment Act 2001; or 17 Subsection 3(1) (paragraph (a) of the definition of standard) Omit "the Council under this Act", substitute "a former Council under this Act before the commencement of Part 1 of Schedule 1 to the Australia New Zealand Food Authority Amendment Act 2001". 18 Subsection 3(2) Repeal the subsection. 19 Part 2 (heading) Repeal the heading, substitute: Part 2—Establishment, functions and powers of the Authority 20 Subsection 6(1) Repeal the subsection, substitute: (1) The body known immediately before the commencement of this subsection as the Australia New Zealand Food Authority is continued in existence as Food Standards Australia New Zealand. Note: See also section 25B of the Acts Interpretation Act 1901. 21 Paragraph 7(1)(a) Repeal the paragraph, substitute: (a) in accordance with this Act, to develop standards and variations of standards, and to review standards and variations of standards; and 22 Paragraph 7(1)(b) Omit "draft" (wherever occurring). 23 After paragraph 7(1)(q) Insert: (qa) such other functions as are conferred on the Authority by this Act; and 24 After subparagraph 9(1)(a)(i) Insert: (ia) the maximum or minimum amounts of additives that must or may be present in the food; and 25 Paragraph 9(1)(b) Repeal the paragraph, substitute: (b) the production of food; 26 Paragraph 9(1)(c) Omit "packaging, storage or". 27 Paragraphs 9(1)(e), (f) and (g) Omit "dealing with" (wherever occurring), substitute "handling". 28 Subparagraph 9(1)(i)(i) Omit "dealt with", substitute "handled". 29 Subparagraph 9(1)(i)(ii) Omit "deal with", substitute "handle". 30 Paragraph 9(1)(j) Omit "deals with", substitute "handles". 31 Paragraph 9(1)(m) Omit "dealt with", substitute "handled". 32 Subsection 9(3) Repeal the subsection, substitute: (3) In this section: handle, in relation to food, includes produce, collect, receive, store, serve, display, package, transport, dispose of or recall food. Note: See also the definitions of produce and prepare in subsection 3(1). 33 Transitional—validity of food regulatory measures To avoid doubt, the amendments of section 9 of the Australia New Zealand Food Authority Act 1991 made by this Part do not affect the validity of a food regulatory measure in force immediately before the commencement of this item. 34 Section 10 After "developing" (wherever occurring), insert "or reviewing". Note: The heading to section 10 is altered by inserting "or reviewing" after "developing". 35 Paragraph 10(2)(d) Omit "food.", substitute "food;". 36 At the end of subsection 10(2) Add: (e) any written policy guidelines formulated by the Council for the purposes of this paragraph and notified to the Authority. 37 At the end of section 10 Add: (3) If any policy guidelines formulated by the Council for the purposes of paragraph (2)(e) are notified to the Authority, the Authority must publish the guidelines on the Internet. (3A) Policy guidelines formulated by the Council for the purposes of paragraph (2)(e) must not be inconsistent with the objectives set out in subsection (1). (4) Where the Authority considers that the best available scientific evidence referred to in paragraph (2)(a) is insufficient, the Authority may provisionally adopt sanitary or phytosanitary measures on the basis of available pertinent scientific information. In such cases, the Authority must take all reasonable steps to obtain the information necessary for a more objective risk analysis and a review of the sanitary and phytosanitary measures, to be undertaken within a reasonable period of time. (5) For the purposes of this section, a sanitary or phytosanitary measure means any measure applied: (a) to protect animal or plant life or health from risks arising from the entry, establishment or spread of pests, diseases, disease-carrying organisms or disease-causing organisms; or (b) to protect human or animal life or health from risks arising from additives, contaminants, toxins or disease-causing organisms in foods, beverages or feedstuffs; or (c) to protect human life or health from risks arising from diseases carried by animals, plants or products thereof, or from the entry, establishment or spread of pests; or (d) to prevent or limit other damage from the entry, establishment or spread of pests; and includes: (e) any relevant law, decree, regulation, requirement or procedure, including end product criteria; and (f) processes and production methods; and (g) testing, inspection, certification and approval procedures; and (h) quarantine treatments including relevant requirements associated with the transport of animals or plants, or with the materials necessary for their survival during transport; and (i) provisions on relevant statistical methods, sampling procedures and methods of risk assessment; and (j) packaging and labelling requirements directly related to food safety. 38 Before Division 1 of Part 3 Insert: Division 1—Introduction 11A Simplified explanation of the process for the development of standards etc. The following is a simplified explanation of the process for the development or variation of a standard: • The Authority may develop or vary a standard: (a) in response to an application that has been accepted by the Authority after an initial assessment; or (b) by preparing a proposal on its own initiative. • After conducting a draft assessment of the application or proposal, the Authority must: (a) prepare a draft; or (b) reject the application or abandon the proposal. • If the Authority prepares a draft, the Authority must conduct a final assessment in relation to the draft, and then: (a) approve the draft and notify the Council; or (b) reject the draft. • If a draft is notified to the Council, the Council may request the Authority to review the draft. • If the Council does not request a review, the draft comes into effect in accordance with a Gazette notice. • If a review is conducted and the Council still has concerns about the draft, the Council may request a second review. • If the Council does not request a second review, the draft comes into effect in accordance with a Gazette notice. • If a second review is conducted and the Council still has concerns about the draft, the Council may amend or reject the draft. • If the Council does not amend or reject the draft, the draft comes into effect in accordance with a Gazette notice. • If the Council amends the draft, the amended draft comes into effect in accordance with a Gazette notice. • Special rules apply to urgent applications and urgent proposals. 11B Definitions In this Part: application means an application under section 12. proposal means a proposal under section 12AA. urgent application means an application declared to be an urgent application under a declaration in force under subsection 24(1). urgent proposal means a proposal declared to be an urgent proposal under a declaration in force under subsection 24(1). 39 Division 1 of Part 3 (heading) Repeal the heading, substitute: Division 2—Applications and proposals for the development or variation of food regulatory measures 40 Subparagraph 12(2)(c)(i) Omit "preliminary", substitute "initial". 41 After section 12 Insert: 12AA Authority may prepare proposal for development or variation of a food regulatory measure (1) The Authority may, on its own initiative, prepare a proposal for the development or variation of a food regulatory measure. (2) The proposal must be in writing. 42 Subsection 12A(1) Omit "The applicant may withdraw the application", substitute "An applicant may withdraw the applicant's application". 43 Paragraphs 12A(1)(a) and (b) Repeal the paragraphs, substitute: (a) the Authority approves a draft food regulatory measure, or a draft variation of a food regulatory measure, as a result of the application; or (b) the Authority rejects the application. 44 Paragraph 12B(2)(a) Omit "full", substitute "draft". 45 Paragraph 12B(2)(e) Omit "holding an inquiry", substitute "making a final assessment". 46 Section 13 Omit "a preliminary" (wherever occurring), substitute "an initial". Note: The heading to section 13 is altered by omitting "preliminary" and substituting "initial". 47 Section 13A Omit "preliminary", substitute "initial". Note: The heading to section 13A is altered by omitting "preliminary" and substituting "initial". 48 Paragraph 13A(2)(b) Omit "full", substitute "draft". 49 Paragraph 14(3)(b) Omit "a preliminary", substitute "an initial". Note: The heading to section 14 is altered by adding at the end "about application". 50 Paragraph 14(3)(c) Omit "full", substitute "draft". 51 After section 14 Insert: 14A Authority to invite submissions about proposal (1) After preparing a proposal for the development or variation of a food regulatory measure, the Authority must: (a) give public notice of the matters mentioned in subsection (3); and (b) give written notice of those matters to each appropriate government agency. (2) The Authority may give notice of the matters mentioned in subsection (3) to another body or person. (3) A notice under subsection (1) or (2) must: (a) state that the Authority has prepared a proposal for the development or variation of the measure; and (b) state that the Authority will make a draft assessment of the proposal; and (c) state how to obtain information about the proposal; and (d) invite written submissions on matters relevant to the proposal to be made to the Authority within the period specified in the notice. 52 Section 15 Omit "full" (wherever occurring), substitute "draft". Note: The heading to section 15 is altered by omitting "Full" and substituting "Draft". 53 After section 15 Insert: 15AA Draft assessment of proposal (1) The Authority must make a draft assessment of a proposal. (2) In making a draft assessment of the proposal, the Authority must have regard to: (a) any submissions made to it within the specified period in response to a notice sent or published under section 14A; and (b) the objectives and matters listed in section 10; and (c) any relevant New Zealand standards; and (d) any other relevant matters. 54 Subsection 15A(1) Omit "full", substitute "draft". Note: The heading to section 15A is altered by omitting "full assessment" and substituting "draft assessment of application". 55 After section 15A Insert: 15B Outcome of draft assessment of proposal After making a draft assessment of a proposal, the Authority must: (a) prepare in writing a draft food regulatory measure or a draft variation of a food regulatory measure, as the case requires; or (b) abandon the proposal. 56 Paragraph 16(1)(a) Before "the Authority", insert "after making a draft assessment of an application,". Note: The heading to section 16 is altered by inserting "resulting from an application" after "variation". 57 Paragraph 16(1)(b) Omit "holding of an inquiry into", substitute "making of a final assessment in relation to". 58 Subsections 16(2) and (3) Omit "hold an inquiry to consider", substitute "make a final assessment in relation to". 59 Subsection 16(4) Omit "hold the inquiry", substitute "make the final assessment". 60 Subsection 16(4) Omit "holding of the inquiry", substitute "making of the final assessment". 61 Paragraph 16(5)(a) Omit "inquiry", substitute "final assessment". 62 Paragraph 16(6)(b) Omit "hold an inquiry to consider", substitute "make a final assessment in relation to". 63 Paragraph 16(6)(c) Omit "inquiry", substitute "final assessment". 64 Paragraph 17(1)(a) Before "the Authority", insert "after making a draft assessment of an application,". Note: The heading to section 17 is altered by inserting "resulting from an application" after "variation". 65 Paragraph 17(1)(b) Omit "holding of an inquiry into", substitute "making of a final assessment in relation to". 66 Paragraph 17(3)(b) Omit "hold an inquiry to consider", substitute "make a final assessment in relation to". 67 Paragraph 17(3)(c) Omit "inquiry", substitute "final assessment". 68 After section 17 Insert: 17AA Notice following preparation of draft regulatory measure or variation resulting from a proposal (1) If, after making a draft assessment of a proposal, the Authority prepares a draft food regulatory measure, or a draft variation of a food regulatory measure, the Authority must give written notice of the matters mentioned in subsection (2) to: (a) each appropriate government agency; and (b) each other body or person who made a submission within the specified period in response to a notice given under section 14A. (2) The notice must: (a) state that the Authority has prepared the draft and how to obtain further information about it; and (b) state that the Authority will make a final assessment in relation to the draft; and (c) invite written submissions for the purpose of the final assessment to be made to the Authority within the period specified in the notice. 69 After section 17A Insert: 17AB Notice following abandonment of proposal (1) If the Authority abandons a proposal under section 15B, it must give written notice of that decision to: (a) each appropriate government agency; and (b) each other body or person who made a submission within the specified period in response to a notice given under section 14A. (2) The notice must state how to obtain further information about the decision and the reasons for it. 70 Subsection 17B(1) Omit "holds an inquiry to consider", substitute "makes a final assessment in relation to". 71 Paragraph 17B(3)(a) Before "the applicant", insert "if the draft resulted from an application—". 72 After paragraph 17B(3)(a) Insert: (aa) the Council; and 73 At the end of paragraph 17B(3)(c) Add "or 14A". 74 Section 18 Repeal the section, substitute: 18 Authority must approve or reject draft standards etc. (1) If the Authority makes a final assessment in relation to a draft standard or a draft variation of a standard, the Authority must: (a) approve the draft; or (b) approve the draft subject to such amendments as the Authority considers necessary; or (c) reject the draft. Note: The Board must not delegate its powers to act on behalf of the Authority under this subsection—see section 67. (2) To avoid doubt, the draft does not take effect except in accordance with a notice under section 23A. (3) If the Authority decides to reject the draft, the Authority must give the Council a written notification of that decision. 75 Subsection 19(1) Omit "holds an inquiry to consider", substitute "makes a final assessment in relation to". Note: The heading to section 19 is altered by omitting "inquiry about", substitute "final assessment in relation to". 76 Paragraph 19(1)(a) Before "the applicant", insert "if the draft resulted from an application—". 77 Paragraphs 19(1)(c) and (d) Omit "or 17", substitute ", 17 or 17AA". 78 Paragraph 19(2)(a) Omit "recommendation made to the Council", substitute "decision made by the Authority". 79 Paragraph 19(2)(b) Omit "recommendation", substitute "decision". 80 Section 20 Repeal the section, substitute: 20 Approved draft standards etc. to be notified to Council (1) If the Authority approves a draft standard or variation under section 18 (with or without amendments), the Authority must, within 14 days after the approval, give the Council: (a) a written notification of the approval; and (b) a copy of the approved draft; and (c) a list of the written submissions that were made for the purpose of the draft assessment and final assessment concerned; and (d) a statement analysing those submissions; and (e) a summary of the Authority's reasons for approving the draft; and (f) a Regulation Impact Statement. (2) The things mentioned in paragraphs (1)(c), (d), (e) and (f) may be set out in the same document. (3) A failure to comply with paragraph (1)(c), (d), (e) or (f) does not affect the validity of the draft. (4) If the Authority approves a draft standard or variation under section 18 (with or without amendments), the Authority must publish on the Internet: (a) a copy of the draft; and (b) a notice setting out the matters mentioned in subsection (5). (4A) As soon as practicable after complying with subsection (4), the Authority must publish in a newspaper circulating in each State or Territory and in New Zealand a copy of the notice mentioned in paragraph (4)(b), together with information about where a copy of the draft may be obtained. (5) A notice under subsection (4) must: (a) state that the Authority has approved the draft under section 18; and (b) state that the Authority has given, or is about to give, the Council a written notification of the approval of the draft; and (c) summarise the effect of Divisions 3 and 4 in relation to the notification. (6) If the Authority has notified the Council under subsection (1) that the Authority has approved a draft standard or variation (with or without amendments), the Council may direct the Authority to give the Council such information as the Council reasonably requires for the purpose of assisting the Council to make a decision about the draft under section 21, 22 or 23. 81 Divisions 1A, 2 and 2A of Part 3 Repeal the Divisions, substitute: Division 3—Council may request a review of approved draft standard etc. 21 Council may request a first review (1) If the Authority notifies the Council under section 20 that the Authority has approved a draft standard or variation (with or without amendments), the Council must, within 60 days after the notification: (a) request the Authority to review the draft; or (b) inform the Authority that the Council does not intend to request the Authority to review the draft. (2) If the Council requests the Authority to review a draft standard or variation, the Council must inform the Authority of the Council's concerns with the draft. (3) The Council may give to the Authority such directions as it thinks fit in relation to the conduct of a review of a draft standard or variation. (4) Subject to any directions under subsection (3), a review is to be conducted in such manner as the Authority considers appropriate. (5) If the Council requests the Authority to review a draft standard or variation, the Authority must complete that review, and make a decision under subsection (6): (a) within 3 months after the request was made; or (b) if the Council allows a longer period—within that longer period. (6) After completing a review under this section of a draft standard or variation, the Authority must: (a) decide to re‑affirm its approval of the draft; or (b) decide to re‑affirm its approval of the draft, subject to such amendments as the Authority considers necessary; or (c) decide to withdraw its approval of the draft; and give the Council: (d) written notification of the terms of the Authority's decision; and (e) the Authority's reasons for making that decision. Note: The Board must not delegate its powers to act on behalf of the Authority under this subsection—see section 67. (7) In exercising its powers under this section in relation to a draft standard or variation, the Council must comply with: (a) the Food Regulation Agreement 2000; and (b) the Australia New Zealand Joint Food Standards Agreement. 22 Council may request a second review (1) If the Authority notifies the Council that the Authority has: (a) made a decision under paragraph 21(6)(a) to re‑affirm the Authority's approval of a draft standard or variation; or (b) made a decision under paragraph 21(6)(b) to re‑affirm the Authority's approval of a draft standard or variation, subject to amendments; the Council must, within 60 days after the notification: (c) request the Authority to review the draft; or (d) inform the Authority that the Council does not intend to request the Authority to review the draft. (2) If the Council requests the Authority to review a draft standard or variation, the Council must inform the Authority of the Council's concerns with the draft. (3) The Council may give to the Authority such directions as it thinks fit in relation to the conduct of a review of a draft standard or variation. (4) Subject to any directions under subsection (3), a review is to be conducted in such manner as the Authority considers appropriate. (5) If the Council requests the Authority to review a draft standard or variation, the Authority must complete that review, and make a decision under subsection (6): (a) within 3 months after the request was made; or (b) if the Council allows a longer period—within that longer period. (6) After completing a review under this section of a draft standard or variation, the Authority must: (a) decide to re‑affirm its approval of the draft; or (b) decide to re‑affirm its approval of the draft, subject to such amendments as the Authority considers necessary; or (c) decide to withdraw its approval of the draft; and give the Council: (d) written notification of the terms of the Authority's decision; and (e) the Authority's reasons for making that decision. Note: The Board must not delegate its powers to act on behalf of the Authority under this subsection—see section 67. (7) In exercising its powers under this section in relation to a draft standard or variation, the Council must comply with the Food Regulation Agreement 2000. 23 Council may amend or reject draft after second review (1) If the Authority notifies the Council that the Authority has: (a) made a decision under paragraph 22(6)(a) to re‑affirm the Authority's approval of a draft standard or variation; or (b) made a decision under paragraph 22(6)(b) to re‑affirm the Authority's approval of a draft standard or variation, subject to amendments; the Council must, within 60 days after the notification: (c) inform the Authority that the Council does not intend to amend or reject the draft; or (ca) by written instrument, amend the draft; or (d) reject the draft. (1A) Before amending the draft standard or variation, the Council must give the Authority an opportunity to submit to the Council a draft of the text of the amendment. (1B) As soon as practicable after the Council decides to amend a draft standard or variation, the Council must inform the Authority that the Council has amended the draft, and give the Authority a copy of the amended draft standard or variation. (2) If the Council decides to reject the draft, the Council must: (a) prepare a notice setting out that decision and the reasons for that decision; and (b) give the Authority a copy of the notice; and (c) publish a copy of the notice on the Internet and in a newspaper circulating in each State or Territory and in New Zealand. Division 4—Publication of standard or variation 23A Publication of standard or variation Standard or variation not subject to review at the request of the Council (1) If: (a) the Authority notifies the Council under section 20 that the Authority has approved a draft standard or variation (with or without amendments); and (b) the Council informs the Authority that the Council does not intend to request the Authority to review the draft; then, as soon as practicable, the Authority must comply with the publication requirements set out in subsection (4) in relation to the draft or the draft as so amended. Standard or variation subject to a first review at the request of the Council (2) If: (a) the Authority notifies the Council under subsection 21(6) that the Authority has: (i) made a decision under paragraph 21(6)(a) to re‑affirm the Authority's approval of a draft standard or variation; or (ii) made a decision under paragraph 21(6)(b) to re‑affirm the Authority's approval of a draft standard or variation, subject to amendments; and (b) the Council informs the Authority that the Council does not intend to request the Authority to review the draft; then, as soon as practicable, the Authority must comply with the publication requirements set out in subsection (4) in relation to the draft or the draft as so amended. Standard or variation subject to a second review at the request of the Council (3) If: (a) the Authority notifies the Council under subsection 22(6) that the Authority has: (i) made a decision under paragraph 22(6)(a) to re‑affirm the Authority's approval of a draft standard or variation; or (ii) made a decision under paragraph 22(6)(b) to re‑affirm the Authority's approval of a draft standard or variation, subject to amendments; and (b) the Council informs the Authority that the Council does not intend to amend or reject the draft; then, as soon as practicable, the Authority must comply with the publication requirements set out in subsection (4) in relation to the draft or the draft as so amended. Standard or variation amended by the Council at the second review (3A) If: (a) the Authority notifies the Council under subsection 22(6) that the Authority has: (i) made a decision under paragraph 22(6)(a) to re-affirm the Authority's approval of a draft standard or variation; or (ii) made a decision under paragraph 22(6)(b) to re-affirm the Authority's approval of a draft standard or variation, subject to amendments; and (b) the Council informs the Authority that the Council has amended the draft; then, as soon as practicable, the Authority must comply with the publication requirements set out in subsection (4) in relation to the draft as so amended. Publication requirements (4) The publication requirements applicable to a draft or draft as amended are as follows: (a) the Authority must prepare a notice stating that the draft or the draft as so amended is to come into effect on a date specified in the notice; (b) the Authority must cause a copy of the notice to be published in the Gazette and in the New Zealand Gazette and in a newspaper circulating in ea