This compilation was prepared on 1 January 2011 taking into account amendments up to Act No. 103 of 2010
The text of any of those amendments not in force on that date is appended in the Notes section
The operation of amendments that have been incorporated may be affected by application provisions that are set out in the Notes section
Prepared by the Office of Legislative Drafting and Publishing, Attorney-General’s Department, Canberra
Part 1—Preliminary 2 1 Short title [see Note 1].......................................................................2 2 Commencement [see Note 1].............................................................2 3 Object................................................................................................2 4 Definitions.........................................................................................2 5 Jervis Bay Territory...........................................................................5 6 Extension to external Territories .......................................................5
Part 2—The Agvet Code, and the Agvet Regulations, of the participating Territories 6 7 Application of Agvet Code in the participating Territories ...............6 8 Application of Agvet Regulations in the participating Territories..........................................................................................6 9 Agvet Code of the participating Territories taken to be an Act.....................................................................................................7 10 Relationship between the Agvet Code and Agvet Regulations of the participating Territories and the laws of a participating Territory .......................................................................7
Part 3—Citing the Agvet Code and the Agvet Regulations 8 11 References to Agvet Code and Agvet Regulations of other jurisdictions .......................................................................................8 12 References to Agvet Codes and Agvet Regulations ..........................8
Part 4—Application of Agvet Codes to the Crown 10 13 Agvet Code of the participating Territories.....................................10 14 Agvet Code of other jurisdictions....................................................10 15 Crown not liable to prosecution.......................................................10 16 This Part overrides the prerogative..................................................10
Part 5—Performance of functions that corresponding laws of States confer on Commonwealth authorities and officers 11 17 Ministers..........................................................................................11 18 Commonwealth authorities and officers..........................................11 18A Conferral of duties, functions and powers.......................................11 19 Gazette notices under corresponding laws.......................................12
Part 6—Jurisdiction of courts 13 20 Jurisdiction of Federal Court and courts of Territories....................13 21 Exercise of jurisdiction under cross-vesting provisions...................13
Agricultural and Veterinary Chemicals Act 1994
Part 7—Miscellaneous
22 | Orders..............................................................................................14 |
23 | Manufacturing principles.................................................................14 |
24 | Repeal and transitional provisions...................................................14 |
25 | Regulations......................................................................................15 |
Part 8—Imposition of fees and taxes 16
26 Fees (including taxes)......................................................................16 Notes 17
Agricultural and Veterinary Chemicals Act 1994
The Parliament of Australia enacts:
This Act may be cited as the Agricultural and Veterinary Chemicals Act 1994.
In this Act, unless the contrary intention appears:
Agvet Code of the participating Territories has the meaning given by subsection 5(1) of the Agricultural and Veterinary Chemicals Code Act 1994.
Agvet Codes has the meaning given by section 12.
Agvet Regulations has the meaning given by section 12.
Agvet Regulations of the participating Territories has the meaning given by subsection 5(2) of the Agricultural and Veterinary Chemicals Code Act 1994.
applicable provision, in relation to a jurisdiction, means a provision of:
APVMA means the Australian Pesticides and Veterinary Medicines Authority continued in existence by section 6 of the Agricultural and Veterinary Chemicals (Administration) Act 1992.
Australia includes the external Territories to which this Act extends.
authority, in relation to the Commonwealth, includes:
chemical product has the same meaning as in the Agvet Code of the participating Territories.
confer, in relation to a duty, includes impose.
corresponding Act means an Act of a State that corresponds to this Act.
instrument means any document whatever, including:
modifications includes additions, omissions and substitutions.
officer, in relation to the Commonwealth, includes:
repealed Act means the Agricultural and Veterinary Chemicals Act 1988.
State includes the Northern Territory.
Territory does not include the Northern Territory, Norfolk Island, the Territory of Christmas Island or the Territory of Cocos (Keeling) Islands.
For the purposes of this Act, the Jervis Bay Territory is taken to be part of the Australian Capital Territory.
This Act extends to every external Territory that is a participating Territory.
Part 2—The Agvet Code, and the Agvet Regulations, of the participating Territories
The regulations in force for the time being under section 6 of the Agricultural and Veterinary Chemicals Code Act 1994 apply as regulations in force for the purposes of the Agvet Code of the participating Territories.
9 Agvet Code of the participating Territories taken to be an Act
The Agvet Code of the participating Territories is taken for all purposes to be an Act.
Part 3—Citing the Agvet Code and the Agvet Regulations
Part 4—Application of Agvet Codes to the Crown
The Agvet Code of the participating Territories binds the Crown in all its capacities.
The Agvet Code of each State binds the Crown in right of the Commonwealth, of the Australian Capital Territory and of Norfolk Island.
Nothing in this Part, or in the Agvet Code of any jurisdiction, renders the Crown liable to be prosecuted for an offence.
If, because of this Part, a provision of a law of the Commonwealth or of a State binds the Crown in right of the Commonwealth, of the Australian Capital Territory or of Norfolk Island, the Crown in that capacity is subject to that provision despite any prerogative right or privilege.
Section 17
Part 5—Performance of functions that corresponding laws of States confer on Commonwealth authorities and officers
A corresponding law may confer prescribed functions and powers on a Minister.
(1) A corresponding law of a jurisdiction may confer duties, functions and powers in respect of any matter arising in relation to the applicable provisions of the jurisdiction:
Agricultural and Veterinary Chemicals (Administration) Act 1992; or
(c) upon an analyst approved under section 69G of the
Agricultural and Veterinary Chemicals (Administration) Act 1992.
Note: Subsection 7(2) of the Agricultural and Veterinary Chemicals (Administration) Act 1992 deals with functions and powers conferred on the APVMA by State laws.
18A Conferral of duties, functions and powers
(1) To the extent that an authority or officer of the Commonwealth (including a Minister) has a duty, function or power that is conferred, or taken to be conferred, by a corresponding law:
Section 19
function or power; if the conferral or authorisation would contravene a constitutional doctrine restricting the duties that may be conferred on authorities or officers of the Commonwealth, or would otherwise exceed the legislative power of the Commonwealth.
A corresponding law may require or permit a document, or a copy of a document, to be published in the Gazette.
Part 6—Jurisdiction of courts
This Act does not affect the operation of a provision of any other law of the Commonwealth, or any law of a State or of a participating Territory, relating to cross-vesting of jurisdiction.
Part 7—Miscellaneous
Orders in force for the time being under section 7 of the Agricultural and Veterinary Chemicals Code Act 1994 have the same effect for the purposes of the Agvet Code of the participating Territories as they would have if they were provisions of the Agvet Regulations of those Territories.
chemical products that are manufactured in this jurisdiction; and may include codes of good manufacturing practice.
(3) Manufacturing principles are disallowable instruments for the purposes of section 46A of the Acts Interpretation Act 1901.
24 Repeal and transitional provisions
The Governor-General may make regulations prescribing matters required or permitted by this Act to be prescribed.
Part 8—Imposition of fees and taxes
This section imposes the fees (including fees that are taxes) that the Agvet Regulations of the participating Territories prescribe.
Table of Acts
Notes to the Agricultural and Veterinary Chemicals Act 1994
Note 1
The Agricultural and Veterinary Chemicals Act 1994 as shown in this compilation comprises Act No. 36, 1994 amended as indicated in the Tables below.
For all relevant information pertaining to application, saving or transitional provisions see Table A.
Table of Acts
Act | Number | Date | Date of | Application, |
and year | of Assent | commencement | saving or | |
transitional | ||||
provisions | ||||
Agricultural and Veterinary | 36, 1994 | 15 Mar 1994 | 15 Mar 1995 | |
Chemicals Act 1994 | ||||
National Food Authority | 152, 1995 | 16 Dec 1995 | Ss. 1 and 2: Royal | — |
Amendment Act 1995 | Assent | |||
Remainder: 1 July | ||||
1996 (see Gazette | ||||
1996, No. S230) | ||||
Jurisdiction of Courts | 57, 2000 | 30 May 2000 | Schedule 1 | — |
Legislation Amendment | (items 28–30): | |||
Act 2000 | 1 July 2000 (see | |||
Gazette 2000, No. | ||||
GN25) (a) | ||||
Australia New Zealand Food | 81, 2001 | 10 July 2001 | S. 2(6): Royal | S. 2(6) |
Authority Amendment Act | Assent (b) | |||
2001 | Schedule 3 | |||
(item 1): 1 July | ||||
2002 (see Gazette | ||||
2002, No. GN30) | ||||
(b) | ||||
Agricultural and Veterinary | 83, 2001 | 11 July 2001 | Schedule 2: (c) | Sch. 1 |
Chemicals Legislation | Remainder: Royal | (item 4) | ||
Amendment Act 2001 | Assent | |||
Agricultural and Veterinary | 79, 2004 | 23 June 2004 | Schedule 1 | — |
Chemicals Legislation | (items 1–6): | |||
Amendment (Name | 30 July 2004 (see | |||
Change) Act 2004 | Gazette 2004, No. | |||
GN30) | ||||
Trade Practices | 103, 2010 | 13 July 2010 | Schedule 6 | — |
Amendment (Australian | (item 151): 1 Jan | |||
Consumer Law) Act | 2011 | |||
(No. 2) 2010 |
Act Notes
(2) and (5) of which provide as follows:
the Minister must cause to be published in the Gazette a notice specifying the day on which those provisions commenced.
(c) The Agricultural and Veterinary Chemicals Act 1994 was amended by the Agricultural and Veterinary Chemicals Legislation Amendment Act 2001, subsection 2(2)(b) of which provides as follows:
(2) Schedule 2 commences at the later of:
(b) the time when Parts 4 to 10 of the Administrative Review Tribunal Act 2001 commence.
The Administrative Review Tribunal Bill has not been enacted. Therefore this amendment does not commence.
Agricultural and Veterinary Chemicals Act 1994
Table of Amendments
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected How affected
Part 1
S. 4............................................ am. No. 57, 2000; No. 83, 2001; No. 79, 2004
Part 2
S. 7............................................ am. No. 152, 1995; No. 81, 2001; No. 79, 2004; No. 103, 2010
Part 5
S. 18.......................................... rs. No. 83, 2001 Note to s. 18(1) ......................... am. No. 79, 2004
S. 18A ....................................... ad. No. 83, 2001
Part 6
S. 20.......................................... am. No. 57, 2000
Part 7
S. 23.......................................... am. No. 79, 2004
Table A
Table A
Application, saving or transitional provisions
Australia New Zealand Food Authority Amendment Act 2001 (No. 81, 2001)
2(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.
Agricultural and Veterinary Chemicals Legislation Amendment Act 2001
(No. 83, 2001)
Schedule 1
4 Application of amendment
The amendment made by item 2 of this Schedule applies in relation to matters arising before, on or after the commencement of that item.