STATUTORY TIMEFRAMES

• Administrative Assessment 15 business days (from receipt of application to decision to accept or reject application).
• General Procedure (Subdivision D of the FSANZ Act – 9 months (from commencement of assessment or receipt of fees to the date of approval of the draft food regulatory measure).
• Minor Procedure (Subdivision E of the FSANZ Act – 3 months (from commencement of assessment or receipt of fees to the date of approval of the draft food regulatory measure).
• Major Procedure (Subdivision F of the FSANZ Act – 12 months (from commencement of assessment or receipt of fees to the date of approval of the draft food regulatory measure).  

The statutory timeframe for applications being considered under the Major Procedure only can be extended for up to six months by FSANZ.   This statutory timeframe does not include time taken for an applicant to provide additional information or fees (where applicable).   FSANZ is required to indicate where it has extended the timeframe for completion of an assessment or where it has failed to meet its statutory timeframes and the reasons why in its Annual Report.

FSANZ also has the discretion to ‘stop the clock’ if it needs more information in order to complete an assessment of an application (s.108 of the FSANZ Act).

If an applicant fails or refuses to comply with FSANZ’s request for further information under s.108 of the FSANZ Act without reasonable excuse, the application is taken to have been withdrawn.