This Amendment Paper amends the Therapeutic Products Act Repeal Bill. The amendments relate to proposed consequential amendments to the Food Act 2014 and the Dietary Supplements Regulations 1985.

The Dietary Supplements Regulations 1985 were made, and may be amended, under the repealed Food Act 1981. Clauses 5 and 6 of this amendment paper amend the Food Act 2014 to—

• remove the expiry date of the Dietary Supplements Regulations 1985; and

• provide that those regulations will continue in force as if they had been made under the Food Act 2014.

Clause 6B amends the Dietary Supplements Regulations 1985 to provide that the adopted joint food standards (being food standards included in the Australia New Zealand Food Standards Code and adopted under section 397 of the Food Act 2014) do not apply to dietary supplements.

Clause 6C revokes Part 3 of the Dietary Supplements Regulations 1985. The effect of this revocation is that the provisions of the Food Act 2014 relating to offences and penalties will now apply to those regulations. In particular—

• a person will commit an offence if the person breaches or fails to comply with any requirement of the Dietary Supplements Regulations 1985 (see section 244 of the Food Act 2014). Under the current law, a person commits an offence if the person contravenes or fails to comply with any of the provisions of regulations 3, 4, 5(6), 13(2), 14(2), 15(2), 16(2), 17(2), and 18(1) of the regulations; and

• a person who commits such an offence may be liable on conviction to a maximum fine of $20,000 (for a body corporate) or $5000 (for an individual). Under the current law, a person who commits an offence against the regulations may be liable to a maximum fine of $500 (and then to a further fine of up to $50 for every day on which the offence has continued, in the case of a continuing offence).