澳大利亚

Prepared by the Office of Parliamentary Counsel, Canberra

Agricultural and Veterinary Chemicals

(Administration) Act 1992

No. 262 of 1992

Compilation No. 34

Compilation date: 21 October 2016

Includes amendments up to: Act No. 61, 2016

Registered: 28 October 2016

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About this compilation

This compilation

This is a compilation of the Agricultural and Veterinary Chemicals

(Administration) Act 1992 that shows the text of the law as amended and in

force on 21 October 2016 (the compilation date).

The notes at the end of this compilation (the endnotes) include information

about amending laws and the amendment history of provisions of the compiled

law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the

compiled law. Any uncommenced amendments affecting the law are accessible

on the Legislation Register (www.legislation.gov.au). The details of

amendments made up to, but not commenced at, the compilation date are

underlined in the endnotes. For more information on any uncommenced

amendments, see the series page on the Legislation Register for the compiled

law.

Application, saving and transitional provisions for provisions and

amendments

If the operation of a provision or amendment of the compiled law is affected by

an application, saving or transitional provision that is not included in this

compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see

the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as

modified but the modification does not amend the text of the law. Accordingly,

this compilation does not show the text of the compiled law as modified. For

more information on any modifications, see the series page on the Legislation

Register for the compiled law.

Self-repealing provisions

If a provision of the compiled law has been repealed in accordance with a

provision of the law, details are included in the endnotes.

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Contents

Part 1—Preliminary 1 1 Short title ...........................................................................................1

2 Commencement.................................................................................1

3 Object ................................................................................................1

4 Interpretation .....................................................................................1

5 Extension to external Territories .......................................................5

5A Application of the Criminal Code .....................................................5

Part 2—Establishment, functions and powers of APVMA 6 6 Australian Pesticides and Veterinary Medicines Authority ...............6

7 Functions and powers ........................................................................6

7A Annual publication of standards for certain residues of

chemical products..............................................................................8

8 Consultation.......................................................................................9

8A Consultation with Gene Technology Regulator...............................10

9 Agreements and arrangements.........................................................11

9A APVMA to comply with policies of Governments of

Commonwealth, States and participating Territories.......................12

10 Minister may give directions ...........................................................12

10A Chief Executive Officer not subject to direction on certain

matters .............................................................................................13

11 Delegation by APVMA ...................................................................13

Part 3—Constitution of APVMA and Advisory Board 14

Division 1—Constitution of APVMA 14

12 APVMA is body corporate etc. .......................................................14

13 Constitution of APVMA..................................................................14

Division 2—The Advisory Board 15

14 Establishment ..................................................................................15

15 Membership.....................................................................................15

16 Function of Advisory Board ............................................................15

Division 3—Appointment etc. of members of Advisory Board 16

17 Appointment....................................................................................16

18 Term of appointment .......................................................................17

19 Remuneration and allowances .........................................................17

21 Leave of absence .............................................................................18

22 Resignation......................................................................................18

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23 Disclosure of interests .....................................................................18

24 Termination of appointment ............................................................19

25 Terms and conditions of appointment not provided for by

Act ...................................................................................................19

25A Board members are officials of the APVMA...................................19

Division 4—Advisory Board procedures 20

26 Meetings between the Chief Executive Officer and the

Advisory Board ...............................................................................20

27 Meetings of the Advisory Board......................................................21

Division 5—Committees 23

28 Establishment of committees ...........................................................23

29 Meetings of committees...................................................................23

29A Remuneration and allowances of committee members....................24

30 Arrangements relating to staff etc....................................................25

Part 4—Chief Executive Officer 26 31 Chief Executive Officer...................................................................26

32 Duties ..............................................................................................26

32A Working with the Advisory Board ..................................................26

33 Appointment....................................................................................27

34 Term of appointment .......................................................................27

35 Remuneration and allowances .........................................................27

37 Terms and conditions of appointment .............................................27

38 Chief Executive Officer not to engage in other paid

employment .....................................................................................28

39 Leave of absence for recreation .......................................................28

40 Leave of absence for other purposes................................................28

41 Resignation......................................................................................28

41A Termination of appointment ............................................................28

42 Disclosure of interests .....................................................................29

43 Acting Chief Executive Officer .......................................................29

44 Delegation by the Chief Executive Officer......................................30

Part 5—Staff and consultants 31 45 Staff .................................................................................................31

46 Staff to be made available to the APVMA ......................................31

47 Consultants ......................................................................................32

Part 6—Corporate and annual operational plans 33 51 Approval of corporate plan..............................................................33

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52 Variation of corporate plan..............................................................33

55 Development of annual operational plan .........................................34

56 Approval of annual operational plan ...............................................34

57 Variation of annual operational plan ...............................................35

Part 7—Finance and reporting requirements 36

Division 1—Finance 36

58 Money payable to the APVMA .......................................................36

59 Application of money by the APVMA ............................................37

Division 2—Reporting requirements 38

61 Annual report...................................................................................38

Division 3—Exemption from taxation 39

62 Exemption from taxation .................................................................39

Part 7A—Importation, manufacture and exportation of

chemicals 40

Division 1—Interpretation 40

69A Interpretation ...................................................................................40

Division 2—Importation, manufacture and exportation 41

Subdivision A—Importation 41

69B Importation offence .........................................................................41

Subdivision B—Provision of information 43

69CA Providing information about certain chemical products etc.

to comply with international agreements .........................................43

69CB Providing information about certain chemical products etc.

under international consideration.....................................................44

69CC Relevant agency to provide information to other countries .............46

69CD Contraventions relating to providing information under

sections 69CA and 69CB.................................................................47

Subdivision C—Chemical products etc. subject to international

agreements 49

69C Prohibition on import, manufacture, use or export of certain

chemical products etc. under international agreements ...................49

Subdivision D—Exportation 50

69D Export of chemical products............................................................50

Subdivision E—Miscellaneous 52

69E Annual returns .................................................................................52

69EA Keeping of records ..........................................................................53

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69EAA Definitions.......................................................................................54

Part 7AA—Investigative powers 55

Division 1—Monitoring 55

Subdivision A—Monitoring powers etc. 55

69EAB Powers available to inspectors for monitoring compliance .............55

69EAC Monitoring powers—with consent or with warrant .........................56

69EAD Operating electronic equipment.......................................................57

69EAE Securing evidence of the contravention of a related provision ........58

69EAF Persons assisting inspectors.............................................................59

69EAG Use of force in executing a monitoring warrant ..............................60

Subdivision B—Powers of inspectors to ask questions and seek

production of documents 60

69EAH Inspector may ask questions and seek production of

documents........................................................................................60

69EAJ Copying of documents.....................................................................61

Division 2—Investigation 62

Subdivision A—Investigation powers 62

69EB Powers available to inspectors to investigate potential

breaches of this Act and the Collection Act.....................................62

69EBA Investigation powers........................................................................62

69EBB Operating electronic equipment.......................................................64

69EBC Seizing evidence of related offences and civil penalty

provisions ........................................................................................65

69EBD Persons assisting inspectors.............................................................67

69EBE Use of force in executing an investigation warrant..........................67

Subdivision B—Powers of inspectors to ask questions and seek

production of documents 68

69EC Inspector may ask questions and seek production of

documents........................................................................................68

69ECA Copying of documents.....................................................................68

Division 3—Obligations and incidental powers of inspectors 69

69ED Consent............................................................................................69

69EDA Announcement before entry under warrant .....................................69

69EDB Inspector to be in possession of warrant ..........................................70

69EDC Details of warrant etc. to be given to occupier ................................70

69EDD Expert assistance to operate electronic equipment...........................71

69EDE Compensation for damage to electronic equipment.........................72

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Division 4—Execution of an investigation warrant interrupted 74

69EE Completing execution of an investigation warrant after

temporary cessation .........................................................................74

69EEA Completing execution of an investigation warrant stopped by

court order .......................................................................................75

Division 5—Occupier’s rights and responsibilities 76

69EF Occupier entitled to observe execution of warrant ..........................76

69EFA Occupier to provide inspector with facilities and assistance............76

Division 6—General provisions relating to seizure 77

69EG Copies of seized things to be provided ............................................77

69EGA Receipts for seized things ................................................................77

69EGB Return of seized things ....................................................................77

69EGC Magistrate may permit a thing to be kept ........................................78

69EGD Disposal of things ............................................................................79

Division 7—Applying for warrants etc. 80

69EH Monitoring warrants ........................................................................80

69EHA Investigation warrants .....................................................................81

69EHB Warrants by telephone, fax etc. .......................................................83

69EHC Authority of warrant ........................................................................84

69EHD Offence relating to warrants by telephone, fax etc. .........................85

Division 8—Powers of magistrates 86

69EI Powers of issuing officers................................................................86

Part 7AB—Enforcement 87

Division 1—Civil penalty orders 87

Subdivision A—Obtaining a civil penalty order 87

69EJ Civil penalty orders .........................................................................87

69EJA Maximum penalties for contravention of civil penalty

provisions ........................................................................................88

69EJB Civil enforcement of penalty ...........................................................89

69EJC Conduct contravening more than one civil penalty provision..........89

69EJD Multiple contraventions...................................................................89

69EJE Proceedings may be heard together .................................................90

69EJF Civil evidence and procedure rules for civil penalty orders.............90

69EJG Contravening a civil penalty provision is not an offence.................90

Subdivision B—Civil proceedings and criminal proceedings 90

69EJH Civil proceedings after criminal proceedings ..................................90

69EJI Criminal proceedings during civil proceedings ...............................90

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69EJJ Criminal proceedings after civil proceedings ..................................91

69EJK Evidence given in civil proceedings not admissible in

criminal proceedings .......................................................................91

Subdivision C—Miscellaneous 91

69EJL Continuing contraventions of civil penalty provisions ....................91

69EJM Ancillary contravention of civil penalty provisions.........................92

69EJN Mistake of fact.................................................................................92

69EJO State of mind ...................................................................................93

69EJP Evidential burden for exceptions .....................................................94

69EJQ Liability of body corporate for actions by employees, agents

or officers ........................................................................................94

69EJR Liability of executive officers..........................................................94

69EJS Establishing whether an executive officer took reasonable

steps to prevent the contravention of a civil penalty provision ........95

Division 2—Infringement notices 96

69EK When an infringement notice may be given ....................................96

69EKA Matters to be included in an infringement notice.............................96

69EKB Extension of time to pay amount .....................................................97

69EKC Withdrawal of an infringement notice .............................................98

69EKD Effect of payment of amount ...........................................................99

69EKE Effect of this Division ...................................................................100

Division 3—Enforceable undertakings 101

69EL Acceptance of undertakings...........................................................101

69ELA Enforcement of undertakings.........................................................102

Division 4—Injunctions 103

69EM Grant of injunctions.......................................................................103

69EMA Discharging or varying injunctions................................................104

69EMB Certain limits on granting injunctions not to apply........................104

69EMC Other powers of a court unaffected................................................105

Division 5—Substantiation notices 106

69EN APVMA may require claims to be substantiated etc. ....................106

69ENA Compliance with substantiation notices.........................................107

69ENB Failure to comply with substantiation notice .................................107

Division 6—Formal warnings 109

69EO APVMA may issue a formal warning............................................109

Division 7—Miscellaneous 110

69EP Hearings ........................................................................................110

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69EQ Self-incrimination to be a reasonable excuse for

non-compliance with requirement .................................................111

69ER False or misleading information or document ...............................111

69ES Evidential certificates ....................................................................112

69ET Forfeiture.......................................................................................113

69EU Conduct by directors, employees and agents .................................114

Part 7B—Modification of the Agvet Codes for the purpose of

giving effect to paragraph 3 of Article 39 of the TRIPS

Agreement 116 69EV Definitions.....................................................................................116

69EW Modification of Agvet Codes ........................................................116

69EX Application of Part ........................................................................117

69EY APVMA not to grant current application except in certain

circumstances ................................................................................117

69EZ Approval given in contravention of section 69EY is not

invalid but is to be cancelled .........................................................118

69EZA Power of APVMA to grant multiple approvals to be subject

to section 69EY .............................................................................118

69EZB Power of APVMA to use information obtained by it for other

purposes not to be affected ............................................................118

Part 8—Miscellaneous 119 69F Appointment of inspectors.............................................................119

69G Approval of analysts......................................................................120

69H Exemptions from liability for damages .........................................120

69HA Protection of inspectors etc............................................................123

69J Documents or substances held by APVMA at

commencement of Agvet Codes ....................................................123

70 Acts done by APVMA...................................................................123

71 Delegation by Minister ..................................................................124

72 Review of Agvet Scheme every 10 years ......................................124

73 Regulations....................................................................................125

Part 9—Transitional provisions 126 74 Staff ...............................................................................................126

75 Transfers of certain assets to APVMA ..........................................126

76 Agreements etc.—Minister may make arrangements ....................127

78 Money paid in advance to Commonwealth ...................................127

79 Rights in respect of services and facilities formerly provided

by Department ...............................................................................128

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80 Delegations....................................................................................129

Endnotes 130

Endnote 1—About the endnotes 130

Endnote 2—Abbreviation key 132

Endnote 3—Legislation history 133

Endnote 4—Amendment history 139

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Preliminary Part 1

Section 1

Agricultural and Veterinary Chemicals (Administration) Act 1992 1

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An Act to establish an authority for the registration

of agricultural and veterinary chemicals, and for

related purposes

Part 1—Preliminary

1 Short title

This Act may be cited as the Agricultural and Veterinary

Chemicals (Administration) Act 1992.

2 Commencement

(1) Subject to subsection (2), this Act commences on a day to be fixed

by Proclamation.

(2) If this Act does not commence under subsection (1) within the

period of 6 months beginning on the day on which it receives the

Royal Assent, it commences on the first day after the end of that

period.

3 Object

The object of this Act is to establish a national registration

authority to administer such laws of the Commonwealth or of the

States and Territories relating to agricultural and veterinary

chemical products as confer functions and powers on the

Authority.

4 Interpretation

In this Act, unless the contrary intention appears:

Advisory Board means the Advisory Board of the APVMA

established by section 14.

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Section 4

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APVMA means the Australian Pesticides and Veterinary

Medicines Authority continued in existence by section 6.

Board member means a member of the Advisory Board appointed

in accordance with section 17 (including the Chair).

Chair means the Chair of the Advisory Board.

chemical product has the same meaning as in the Agvet Code of

the participating Territories.

Chief Executive Officer means the Chief Executive Officer

appointed in accordance with section 33.

civil penalty order has the meaning given by subsection 69EJ(4).

civil penalty provision means a provision declared by this Act or

the Collection Act to be a civil penalty provision.

Collection Act means the Agricultural and Veterinary Chemical

Products (Collection of Levy) Act 1994.

committee means a committee established under section 28.

confidential commercial information has the same meaning as in

the Code set out in the Schedule to the Agricultural and Veterinary

Chemicals Code Act 1994.

copy, in relation to a warrant issued under section 69EH or 69EHA

(or a form of warrant completed under subsection 69EHB(6)),

includes:

(a) a copy sent by fax or other electronic means; or

(b) a copy of a copy so sent.

damage has the same meaning as in the Code set out in the

Schedule to the Agricultural and Veterinary Chemicals Code Act

1994.

data has the same meaning as in the Code set out in the Schedule

to the Agricultural and Veterinary Chemicals Code Act 1994.

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Section 4

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evidential burden, in relation to a matter, means the burden of

adducing or pointing to evidence that suggests a reasonable

possibility that the matter exists or does not exist.

evidential material means any of the following:

(a) a thing with respect to which an offence against this Act or

the Collection Act has been committed or is suspected, on

reasonable grounds, to have been committed;

(b) a thing with respect to which a civil penalty provision has

been contravened or is suspected, on reasonable grounds, to

have been contravened;

(c) a thing that there are reasonable grounds for suspecting will

afford evidence as to the commission of such an offence or

contravention of such a civil penalty provision;

(d) a thing that there are reasonable grounds for suspecting is

intended to be used for the purpose of committing such an

offence or contravening such a civil penalty provision.

executive officer of a body corporate means a person, by whatever

name called and whether or not a director of the body, who is

concerned in, or takes part in, the management of the body.

Finance Minister means the Minister who administers the Public

Governance, Performance and Accountability Act 2013.

Gene Technology Regulator has the same meaning as in the Gene

Technology Act 2000.

GM product has the same meaning as in the Gene Technology Act

2000.

industry means the agricultural and veterinary chemicals industry.

inspector means:

(a) a person appointed as an inspector for the purposes of this

Act under subsection 69F(1); or

(b) a person to whom an authorisation referred to in

subsection 69F(2) applies for the purposes of this Act.

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Section 4

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investigation powers has the meaning given by sections 69EBA,

69EBB and 69EBC.

investigation warrant means:

(a) a warrant issued under section 69EHA; or

(b) a warrant signed by a magistrate under section 69EHB, being

a warrant of the same kind as would have been issued under

section 69EHA.

member of the staff, in relation to the APVMA, means:

(a) a person referred to in subsection 45(1); or

(b) a person whose services are made available to the APVMA

under paragraph 46(1)(a) or under arrangements made under

subsection 46(2).

monitoring powers has the meaning given by sections 69EAC,

69EAD and 69EAE.

monitoring warrant means:

(a) a warrant issued under section 69EH; or

(b) a warrant signed by a magistrate under section 69EHB, being

a warrant of the same kind as would have been issued under

section 69EH.

occupier has the same meaning as in the Code set out in the

Schedule to the Agricultural and Veterinary Chemicals Code Act

1994.

participating Territory has the same meaning as in the

Agricultural and Veterinary Chemicals Act 1994.

person assisting an inspector:

(a) in relation to the exercise of monitoring powers—has the

meaning given by section 69EAF; and

(b) in relation to the exercise of investigation powers—has the

meaning given by section 69EBD.

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Section 5

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premises has the same meaning as in the Code set out in the

Schedule to the Agricultural and Veterinary Chemicals Code Act

1994.

prescribed civil penalty provision means a civil penalty provision

that is prescribed by the regulations.

relevant data means information relevant to determining whether:

(a) this Act, or the Collection Act, has been, or is being,

complied with; or

(b) information provided under this Act, or the Collection Act, is

correct; or

(c) levy is payable under the Collection Act.

State includes the Northern Territory.

Territory does not include the Northern Territory.

warrant means a monitoring warrant or an investigation warrant.

5 Extension to external Territories

This Act extends to every external Territory that is a participating

Territory.

5A Application of the Criminal Code

Chapter 2 (other than Part 2.5) of the Criminal Code applies to all

offences against this Act.

Note: Chapter 2 of the Criminal Code sets out the general principles of

criminal responsibility.

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Section 6

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Part 2—Establishment, functions and powers of

APVMA

6 Australian Pesticides and Veterinary Medicines Authority

The body known immediately before the commencement of this

section as the National Registration Authority for Agricultural and

Veterinary Chemicals is continued in existence with the new name,

Australian Pesticides and Veterinary Medicines Authority.

7 Functions and powers

(1) The APVMA has any functions and powers that are conferred on it

by or under this Act or the Agvet Code, or the Agvet Regulations,

of the participating Territories.

(1A) The functions of the APVMA include the following:

(a) to assess the suitability for sale in Australia of active

constituents for proposed or existing chemical products,

chemical products and labels for containers for chemical

products;

(b) to provide information to the Governments and authorities of

the Commonwealth, the States and the participating

Territories about approved active constituents for proposed

or existing chemical products, registered chemical products,

reserved chemical products and approved labels for

containers for chemical products and to co-operate with those

Governments and authorities on matters relating to the

management and control of chemical products;

(c) to keep records and statistics of approvals and registrations

granted, and permits and licences issued, by it under the

Agvet Codes;

(d) to evaluate the effects of the use of chemical products in the

States and participating Territories;

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(e) to co-operate with Governments and authorities of the

Commonwealth, the States and the participating Territories

for the purpose of facilitating a consistent approach to the

assessment and control of chemicals;

(f) in co-operation with Governments and authorities of the

Commonwealth, the States and the participating Territories,

to develop codes of practice, standards and guidelines for,

and to recommend precautions to be taken in connection

with, the manufacture, export, import, sale, handling,

possession, storage, disposal and use of chemical products in

the States and participating Territories;

(g) to collect, interpret, disseminate and publish information

relating to chemical products and their use;

(h) to encourage and facilitate the application and use of results

of evaluation and testing of chemical products;

(i) to exchange information relating to chemical products and

their use with overseas and international bodies having

functions similar to the APVMA’s functions;

(j) when requested by the Minister, or on its own initiative, to

report to or advise the Minister on any matter relating to

chemical products or arising in the course of the performance

of its functions;

(k) to encourage and facilitate the introduction of uniform

national procedures for control of the use of chemical

products;

(l) to fund, and co-operate in, a program designed to ensure that

active constituents for proposed or existing chemical

products, chemical products, and labels for containers for

chemical products, comply with the Agvet Codes and the

Agvet Regulations.

(1B) Expressions used in subsection (1A) have the same meanings as in

the Code set out in the Schedule to the Agricultural and Veterinary

Chemicals Code Act 1994.

(1C) The APVMA has any functions and powers that are conferred on it

by Division 2A of Part 3 of the Food Standards Australia New

Zealand Act 1991.

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(2) The APVMA has any functions and powers that are expressed to

be conferred on it by a law of a State.

(3) The APVMA has power to do all things necessary or convenient to

be done in connection with the performance of its functions and, in

particular, may:

(a) enter into contracts; and

(b) acquire, hold and dispose of real and personal property; and

(c) occupy, use and control any land or building owned or held

under lease by the Commonwealth, a State or a Territory and

made available for the purposes of the APVMA; and

(d) appoint agents and attorneys, and act as agent for other

persons; and

(da) make available to the public, either without charge or upon

payment of a fee to the APVMA, manuals, reports, lists of

requirements and other documents; and

(e) do anything incidental to any of its powers.

(4) In the performance of its functions and the exercise of its powers,

the APVMA is to have regard to the Commonwealth

Government’s policy in relation to the principle of ecologically

sustainable development and, in particular, to the need to use,

conserve and enhance the community’s resources so that ecological

processes, on which life depends, are maintained, and the total

quality of life, now and in the future, can be increased.

7A Annual publication of standards for certain residues of chemical

products

(1) The APVMA must publish, in an appropriate manner, in each

calendar year approved standards for residues of chemical products

in protected commodities.

(2) In this section:

protected commodity has the same meaning as in the Agvet Code.

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8 Consultation

(1) The APVMA, for the purpose of considering any matter, or

obtaining information or advice, relating to the performance of its

functions, may consult with persons or bodies, including:

(a) persons or bodies involved in the industry; and

(b) the Commonwealth Government or State Governments or

Commonwealth or State authorities having functions relating

to agricultural or veterinary chemicals; and

(ba) a national regulatory authority of a foreign country that has

national responsibility relating to the evaluation, registration

or control of agricultural or veterinary chemical products;

and

(c) persons (including members of the scientific community)

having a particular interest in matters associated with the

industry; and

(d) persons or bodies having a particular interest in the

protection of the interests of consumers or in the protection

of the environment.

(1A) If the matter that is being considered by the APVMA, or in respect

of which the APVMA is seeking information or advice, relates to

an active constituent for a proposed or existing chemical product, a

chemical product, or a label for containers for a chemical product,

the APVMA may make available to the person or body concerned:

(a) information obtained by it with respect to the constituent,

product or label; and

(b) samples of the constituent, of any of the active constituents

of the product, or of the product, or samples or copies of the

label, as the case may be.

(2) The APVMA may:

(a) pay travel expenses reasonably incurred by a person in

connection with consultations by the APVMA; and

(b) subject to written guidelines given to the APVMA by the

Minister, pay expenses (other than travel expenses)

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reasonably incurred by a body or person in connection with

consultations by the APVMA.

(3) To avoid doubt, the APVMA does not consult the Advisory Board

for the purposes of this section when the Chief Executive Officer

requests advice from the Board.

8A Consultation with Gene Technology Regulator

(1) This section applies to the following:

(a) an active constituent for a proposed or existing chemical

product, being an active constituent that is or contains a GM

product;

(b) a proposed or existing chemical product that is or contains a

GM product.

(2) The APVMA must consult the Gene Technology Regulator in

accordance with this section for the purposes of the following:

(a) deciding whether to grant an application under the Code in

relation to any of the following:

(i) approval of the active constituent;

(ii) registration of the chemical product;

(iii) approval of a label for containers for the chemical

product;

(b) deciding whether to grant an application under the Code in

relation to a variation of any of the following:

(i) the approval of the active constituent;

(ii) the registration of the chemical product;

(iii) the approval of a label for containers for the chemical

product;

if the variation may affect the GM product;

(c) reconsidering any of the following:

(i) the approval of the active constituent;

(ii) the registration of the chemical product;

(iii) the approval of a label for containers for the chemical

product;

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(d) deciding whether to issue a permit in respect of:

(i) the active constituent; or

(ii) the chemical product.

(3) If the APVMA is required to consult the Gene Technology

Regulator under subsection (2), the APVMA must give written

notice to the Gene Technology Regulator:

(a) stating that the application has been made, the

reconsideration is to be undertaken, or the issue of the permit

is being considered; and

(b) requesting the Gene Technology Regulator to give advice

about the application, reconsideration, or issue.

(4) If the APVMA gives the Gene Technology Regulator a notice

under subsection (3), the Gene Technology Regulator may give

written advice to the APVMA about the application,

reconsideration, or issue.

(5) The advice is to be given within the period specified in the notice.

(6) If the APVMA receives advice from the Gene Technology

Regulator in response to a notice under this section within the

period specified in the notice, the APVMA must:

(a) ensure that the advice is taken into account in making a

decision on the application, reconsideration, or issue to which

the notice relates; and

(b) inform the Gene Technology Regulator of the decision.

(7) Unless the contrary intention appears, expressions used in this

section have the same meanings as in the Agricultural and

Veterinary Chemicals Code Act 1994.

9 Agreements and arrangements

(1) The Minister, or a person authorised in writing by the Minister,

may enter into an agreement or arrangement with a Minister of a

State for the performance of functions or the exercise of powers by

the APVMA as an agent of the State.

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(2) The APVMA has such functions and powers as are referred to in

such an agreement or arrangement.

9A APVMA to comply with policies of Governments of

Commonwealth, States and participating Territories

If there is an agreement in force between the Government of the

Commonwealth and the Governments of all or any of the States

and participating Territories for the purposes of this Act and the

Agvet Codes, the APVMA must, in the performance of its

functions and the exercise of its powers, comply with any policies

of those Governments determined under the agreement.

10 Minister may give directions

(1) Subject to subsection (2), the Minister may give written directions

to the APVMA concerning the performance of its functions or the

exercise of its powers, and the APVMA must comply with any

such direction.

(2) The Minister must not give a direction to the APVMA unless:

(a) the Minister is satisfied that it is necessary to give the

direction to the APVMA in order to ensure that, in

performing its functions, or exercising its powers, the

APVMA complies with policies referred to in section 9A;

and

(b) the Minister has given to the APVMA a written notice stating

that the Minister is considering giving the direction; and

(c) the Minister has given to the Chief Executive Officer an

adequate opportunity to discuss with the Minister the need

for the proposed direction.

(3) Subject to subsection (4), if the Minister gives a direction to the

APVMA, the Minister must:

(a) cause a notice setting out particulars of the direction to be

published in the Gazette as soon as practicable after giving

the direction; and

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(b) cause a copy of that notice to be laid before each House of

the Parliament within 15 sitting days of that House after the

publication of the notice in the Gazette.

(4) Subsection (3) does not apply in relation to a particular direction if

the Minister determines, in writing, that compliance with the

subsection is undesirable because it would, or would be likely to,

be prejudicial to the national interest of Australia.

(5) A direction under subsection (1) is not a legislative instrument.

10A Chief Executive Officer not subject to direction on certain

matters

To avoid doubt, section 10 does not empower the Minister to direct

the Chief Executive Officer in relation to the Chief Executive

Officer’s performance of functions, or exercise of powers, under

the Public Governance, Performance and Accountability Act 2013

or as an Agency Head under the Public Service Act 1999.

11 Delegation by APVMA

(1) The APVMA may, by writing under its common seal, delegate to:

(b) a committee; or

(c) a member of the staff of the APVMA; or

(d) an authority of the Commonwealth; or

(e) a person appointed or engaged under the Public Service Act

1999;

all or any of the APVMA’s powers and functions.

(1A) The APVMA may only delegate its powers under section 130 or

section 131AA of the Code set out in the Schedule to the

Agricultural and Veterinary Chemicals Code Act 1994 to a

member of staff who is an SES, or acting SES, employee.

(2) A delegate of the APVMA is, in the exercise of the delegate’s

delegated powers and functions, subject to the APVMA’s

directions.

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Division 1 Constitution of APVMA

Section 12

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Part 3—Constitution of APVMA and Advisory

Board

Division 1—Constitution of APVMA

12 APVMA is body corporate etc.

(1) The APVMA:

(a) is a body corporate with perpetual succession; and

(b) is to have a common seal; and

(c) may sue and be sued in its corporate name.

(2) The common seal of the APVMA must be kept in such custody as

the APVMA directs and must not be used except as authorised by

the APVMA.

(3) All courts, judges and persons acting judicially must take judicial

notice of the imprint of the common seal of the APVMA appearing

on a document and must presume that it was duly affixed.

13 Constitution of APVMA

(1) The APVMA consists of the Chief Executive Officer.

(2) The performance of a function or the exercise of a power of the

APVMA is not affected by a vacancy in the office of the Chief

Executive Officer.

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The Advisory Board Division 2

Section 14

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Division 2—The Advisory Board

14 Establishment

The Advisory Board of the APVMA is established by this section.

15 Membership

The Advisory Board consists of up to 9 Board members.

16 Function of Advisory Board

(1) The Advisory Board’s function is, either on its own initiative or at

the request of the Chief Executive Officer, to provide advice and

make recommendations to the Chief Executive Officer in relation

to the performance of a function or the exercise of a power of the

APVMA.

(2) The Advisory Board has power to do all things necessary or

convenient to be done for or in connection with the performance of

its function.

(3) To avoid doubt, the Advisory Board cannot give any directions to

the Chief Executive Officer.

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Division 3 Appointment etc. of members of Advisory Board

Section 17

16 Agricultural and Veterinary Chemicals (Administration) Act 1992

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Division 3—Appointment etc. of members of Advisory

Board

17 Appointment

(1) A Board member is to be appointed by the Minister by written

instrument, on a part-time basis.

(2) When appointing Board members, the Minister must ensure that:

(a) two Board members have experience in the regulation, under

State or Territory law, of chemical products; and

(b) one Board member has experience in the agricultural

chemical industry; and

(c) one Board member has experience in the veterinary chemical

industry; and

(d) one Board member has experience in primary production;

and

(e) one Board member has experience in environmental

toxicology, including knowledge of the effect of chemicals in

ecosystems; and

(f) one Board member has experience in protecting consumer

interests; and

(g) one Board member has experience in public health and

occupational health and safety; and

(h) if the Minister considers it necessary—one Board member

has experience in a field relevant to the APVMA’s functions.

(3) The Minister must appoint one of the Board members to be the

Chair.

(4) The Minister must consult the Chief Executive Officer before

appointing a person as a Board member or as the Chair.

(5) A person’s appointment as a Board member is not invalid because

of a defect or irregularity in connection with the person’s

appointment.

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18 Term of appointment

A Board member holds office for the period specified in the

instrument of appointment. The period must not exceed 3 years.

Note: A Board member is eligible for reappointment: see section 33AA of

the Acts Interpretation Act 1901.

19 Remuneration and allowances

(1) A Board member is to be paid such remuneration as is determined

by the Remuneration Tribunal. If no determination of that

remuneration is in operation, the Board member is to be paid such

remuneration as is prescribed.

(2) A Board member is to be paid the allowances that are prescribed.

(3) If a person who is a Board member:

(a) is a member of the Parliament of a State; or

(b) is a candidate for election to the Parliament of a State and,

under the law of the State, would not be eligible to be elected

as a member of that Parliament if the person were entitled to

remuneration or allowances under this Act; or

(c) is in service or employment of a State, or of an authority of a

State, on a full-time basis; or

(d) holds or performs the duties of an office or position

established by or under a law of a State on a full-time basis;

the person must not be paid remuneration or allowances under this

Act, but is to be reimbursed the expenses that the person

reasonably incurs in performing duties under this Act.

(4) This section has effect subject to the Remuneration Tribunal Act

1973.

(5) In this section:

Parliament of a State:

(a) in relation to the Australian Capital Territory—means the

Legislative Assembly for the Australian Capital Territory; or

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(b) in relation to the Northern Territory—means the Legislative

Assembly of the Northern Territory.

State includes the Australian Capital Territory and the Northern

Territory.

21 Leave of absence

(1) The Minister may grant leave of absence to the Chair on the terms

and conditions that the Minister determines.

(2) The Chair may grant leave of absence to another Board member on

the terms and conditions that the Chair determines.

22 Resignation

(1) A Board member may resign by giving to the Minister a signed

notice of resignation.

(2) The Chair may resign his or her appointment as the Chair without

resigning his or her appointment as a Board member.

23 Disclosure of interests

(1) A disclosure by a Board member under section 29 of the Public

Governance, Performance and Accountability Act 2013 (which

deals with the duty to disclose interests) must be made to:

(a) the Minister; and

(b) the Chief Executive Officer, if a meeting under section 26 of

this Act is considering, or is about to consider, a matter to

which the disclosure would be relevant.

(2) Subsection (1) applies in addition to any rules made for the

purposes of section 29 of the Public Governance, Performance and

Accountability Act 2013.

(3) For the purposes of this Act and the Public Governance,

Performance and Accountability Act 2013, the Board member is

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taken not to have complied with section 29 of that Act if the Board

member does not comply with subsection (1) of this section.

24 Termination of appointment

The Minister may terminate the appointment of a Board member.

25 Terms and conditions of appointment not provided for by Act

A Board member holds office on such terms and conditions (if

any) in relation to matters not provided for by this Act as are

determined, in writing, by the Minister.

25A Board members are officials of the APVMA

For the purposes of the Public Governance, Performance and

Accountability Act 2013, a Board member is an official (within the

meaning of that Act) of the APVMA.

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Division 4 Advisory Board procedures

Section 26

20 Agricultural and Veterinary Chemicals (Administration) Act 1992

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Division 4—Advisory Board procedures

26 Meetings between the Chief Executive Officer and the Advisory

Board

Holding meetings

(1) The Chief Executive Officer must hold such meetings with the

Advisory Board as are necessary for the efficient performance of

the APVMA’s functions.

(2) Meetings are to be held at the times and places that the Chief

Executive Officer determines.

Note: Section 33B of the Acts Interpretation Act 1901 provides for

participation in meetings by telephone, etc.

Presiding at meetings

(3) The Chief Executive Officer, or a person directed by the Chief

Executive Officer, is to preside at meetings.

Procedure of meetings

(4) The Chief Executive Officer may determine the procedure to be

followed at or in relation to meetings, including matters with

respect to:

(a) holding meetings; and

(b) the quorum for meetings (including requirements that

particular Board members be present); and

(c) regulating the way in which meetings are conducted.

(5) The Chief Executive Officer must ensure that minutes of meetings

are kept.

Attendance by the Secretary

(6) The Secretary, or a person authorised by the Secretary, may attend

meetings.

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Attendance by non-Board members

(7) The Chief Executive Officer may invite a person, other than a

Board member or the Secretary, to attend a meeting for the purpose

of advising or informing it on any matter and may pay expenses

incurred by the person in attending the meeting.

(8) The minutes of a meeting under this section must record:

(a) any disclosure referred to in paragraph 23(1)(b) relevant to a

matter considered, or about to be considered, at the meeting;

and

(b) any decision made by the Chief Executive Officer in relation

to the disclosure.

Hearings held by the APVMA

(10) Subsections (1) to (4) apply to a hearing held by the APVMA as if

it were a meeting held by the Chief Executive Officer with the

Advisory Board.

27 Meetings of the Advisory Board

Holding meetings

(1) The Chair of the Advisory Board may hold such meetings of the

Advisory Board as are necessary for the efficient performance of

the Advisory Board’s function.

Procedure of meetings

(2) Subject to subsection (4), the Chief Executive Officer may, by

writing, determine matters relating to the operation of the Advisory

Board.

(3) Subject to subsection (4), if no determination is in force for the

purposes of subsection (2), the Advisory Board may operate in the

way it determines.

(4) The Chair must ensure that minutes of meetings are kept.

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Attendance by Chief Executive Officer

(7) The Chair of the Advisory Board may invite the Chief Executive

Officer to attend all or part of an Advisory Board meeting.

Determination not a legislative instrument

(8) A determination made under subsection (2) is not a legislative

instrument.

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Committees Division 5

Section 28

Agricultural and Veterinary Chemicals (Administration) Act 1992 23

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Division 5—Committees

28 Establishment of committees

(1) The APVMA may establish committees to assist it in the

performance of its functions and the exercise of its powers, and

may abolish any such committee.

(2) A committee is to consist of such persons (whether Board members

or not) as the APVMA determines.

29 Meetings of committees

(1) The APVMA may determine:

(a) the manner in which a committee is to perform its functions;

and

(b) the procedure to be followed at or in relation to the meetings

of a committee, including matters with respect to:

(i) the convening of meetings; and

(ii) the number of members of the committee who are to

form a quorum; and

(iii) the selection of a member of the committee to be the

Chairperson of the committee; and

(iv) the manner in which questions arising at a meeting are

to be decided.

(2) If a member of a committee has a direct or indirect financial

interest in a matter being considered, or about to be considered, by

the committee, the member must, as soon as practicable after the

member becomes aware of the relevant facts, disclose the nature of

the interest at a meeting of the committee.

(3) A disclosure under subsection (2) must be recorded in the minutes

of the meeting and the member must not, unless the APVMA

otherwise determines:

(a) be present during any deliberation of the committee with

respect to that matter; or

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Section 29A

24 Agricultural and Veterinary Chemicals (Administration) Act 1992

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(b) take part in any decision of the committee with respect to that

matter.

29A Remuneration and allowances of committee members

(1) A member of a committee (other than a Board member) is to be

paid such remuneration as is determined by the Remuneration

Tribunal but, if no determination is in operation, the member is to

be paid such remuneration as is prescribed.

(2) A member of a committee (other than a Board member) is to be

paid such allowances as are prescribed.

(3) If a person who is a member of a committee:

(a) is a member of the Parliament of a State; or

(b) is a candidate for election to the Parliament of a State and,

under the law of the State, would not be eligible to be elected

as a member of that Parliament if the person were entitled to

remuneration or allowances under this Act; or

(c) is in service or employment of a State, or of an authority of a

State, on a full-time basis; or

(d) holds or performs the duties of an office or position

established by or under a law of a State on a full-time basis;

the person must not be paid remuneration or allowances under this

Act, but is to be reimbursed the expenses that the person

reasonably incurs in performing duties under this Act.

(4) This section has effect subject to the Remuneration Tribunal Act

1973.

(5) In this section:

Parliament of a State:

(a) in relation to the Australian Capital Territory—means the

Legislative Assembly for the Australian Capital Territory; or

(b) in relation to the Northern Territory—means the Legislative

Assembly of the Northern Territory.

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State includes the Australian Capital Territory and the Northern

Territory.

30 Arrangements relating to staff etc.

The Chairperson of a committee is to arrange with the Chief

Executive Officer for the services of employees of, and consultants

to, the APVMA, and for facilities of the APVMA, to be made

available to the committee.

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Part 4 Chief Executive Officer

Section 31

26 Agricultural and Veterinary Chemicals (Administration) Act 1992

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Part 4—Chief Executive Officer

31 Chief Executive Officer

There is to be a Chief Executive Officer of the APVMA.

32 Duties

(1) The Chief Executive Officer is to manage the affairs of the

APVMA and in doing so, may exercise any of the powers and

perform any of the functions of the APVMA.

(3) All acts and things done in the name of, or on behalf of, the

APVMA by the Chief Executive Officer are taken to have been

done by the APVMA.

32A Working with the Advisory Board

(1) In managing the affairs of the APVMA, the Chief Executive

Officer must have regard to the advice and recommendations given

to him or her by the Advisory Board (whether or not the advice and

recommendations were given in response to a request).

(2) The Chief Executive Officer must:

(a) keep the Advisory Board informed of the performance of the

APVMA’s functions; and

(b) give the Advisory Board such reports, documents and

information in relation to the APVMA’s functions as the

Chair of the Advisory Board requires for the performance of

the Advisory Board’s function.

(3) The Chief Executive Officer may attend Advisory Board meetings

if invited by the Chair of the Advisory Board to do so.

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33 Appointment

(1) The Chief Executive Officer is to be appointed by the Minister by

written instrument, on a full-time basis.

(2) A Board member is not eligible for appointment as the Chief

Executive Officer.

(3) The appointment of a person as Chief Executive Officer is not

invalid because of a defect or irregularity in connection with the

person’s appointment.

34 Term of appointment

The Chief Executive Officer holds office for such period not

exceeding 5 years as is agreed in writing between the Minister and

the Chief Executive Officer, but is eligible for re-appointment.

35 Remuneration and allowances

(1) The Chief Executive Officer is to be paid the remuneration that is

determined by the Remuneration Tribunal. If no determination of

that remuneration by the Tribunal is in operation, the Chief

Executive Officer is to be paid the remuneration that is determined

by the Minister in writing.

(2) The Chief Executive Officer is to be paid the allowances that are

determined by the Minister in writing.

(3) Subsections (1) and (2) have effect subject to the Remuneration

Tribunal Act 1973.

37 Terms and conditions of appointment

The Chief Executive Officer holds office on such terms and

conditions in relation to matters not provided for by this Act as are

determined by the Minister in writing.

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38 Chief Executive Officer not to engage in other paid employment

The Chief Executive Officer must not engage in paid employment

outside the duties of his or her office except with the approval of

the Minister.

39 Leave of absence for recreation

The Chief Executive Officer has such recreation leave entitlements

as are determined by the Remuneration Tribunal.

40 Leave of absence for other purposes

The Minister may grant to the Chief Executive Officer leave of

absence, other than recreation leave, on such terms and conditions

as to remuneration or otherwise as the Minister determines in

writing.

41 Resignation

The Chief Executive Officer may resign by giving to the Minister a

signed notice of resignation.

41A Termination of appointment

The Minister may terminate the appointment of the Chief

Executive Officer:

(a) for misbehaviour or physical or mental incapacity; or

(b) if the Chief Executive Officer:

(i) becomes bankrupt; or

(ii) applies to take the benefit of any law for the relief of

bankrupt or insolvent debtors; or

(iii) compounds with his or her creditors; or

(iv) makes an assignment of his or her remuneration for the

benefit of his or her creditors; or

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(c) if the Chief Executive Officer is absent, except on leave of

absence, for 14 consecutive days or for 28 days in any 12

months; or

(d) if the Chief Executive Officer engages, except with the

Minister’s approval, in paid employment outside the duties of

his or her office; or

(e) if the Chief Executive Officer fails, without reasonable

excuse, to comply with subsection 42(1); or

(f) if the Minister is satisfied that the Chief Executive Officer’s

performance has been unsatisfactory.

Note: The appointment of the Chief Executive Officer may also be

terminated under section 30 of the Public Governance, Performance

and Accountability Act 2013 (which deals with terminating the

appointment of an accountable authority, or a member of an

accountable authority, for contravening general duties of officials).

42 Disclosure of interests

(1) The Chief Executive Officer must give written notice to the

Minister of all direct or indirect financial interests that the Chief

Executive Officer has or acquires in any business or in any body

corporate carrying on any business.

(2) Subsection (1) applies in addition to section 29 of the Public

Governance, Performance and Accountability Act 2013 (which

deals with the duty to disclose interests).

43 Acting Chief Executive Officer

(1) The Minister may appoint a person to act as Chief Executive

Officer:

(a) during a vacancy in the office of Chief Executive Officer,

whether or not an appointment has previously been made to

that office; or

(b) during any period, or during all periods, when the Chief

Executive Officer is absent from duty or from Australia or is,

for any other reason, unable to perform the duties of the

office of Chief Executive Officer.

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Section 44

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Note: For rules that apply to acting appointments, see section 33A of the

Acts Interpretation Act 1901.

(4) Unless the contrary intention appears, a reference in this Act other

than this section, to the Chief Executive Officer is taken, if a

person is acting as Chief Executive Officer, to be a reference to the

person so acting.

44 Delegation by the Chief Executive Officer

The Chief Executive Officer may, by signed writing, delegate to a

member of the staff of the APVMA all or any of the powers and

functions of the Chief Executive Officer under this Act including,

to avoid doubt, any powers and functions of the Chief Executive

Officer under subsection 32(1).

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Section 45

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Part 5—Staff and consultants

45 Staff

(1) The staff of the APVMA are to be persons engaged under the

Public Service Act 1999.

(2) For the purposes of the Public Service Act 1999:

(a) the Chief Executive Officer and the staff of the APVMA

together constitute a Statutory Agency; and

(b) the Chief Executive Officer is the Head of that Statutory

Agency.

46 Staff to be made available to the APVMA

(1) The APVMA is to be assisted by:

(a) officers and employees of Agencies (within the meaning of

the Public Service Act 1999), and of authorities of the

Commonwealth, whose services are made available to the

APVMA in connection with the performance or exercise of

any of its functions or powers; and

(b) persons whose services are so made available under

arrangements made under subsection (2).

(2) The APVMA may make an arrangement with:

(a) the appropriate authority or officer of:

(i) the Government of a State or Territory or of a foreign

country; or

(ii) an authority of such a Government; or

(iii) an organisation; or

(b) another person;

under which the Government, authority, organisation or person

may make officers or employees available to the APVMA to

perform services in connection with the performance or exercise of

any of its functions or powers.

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Section 47

32 Agricultural and Veterinary Chemicals (Administration) Act 1992

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(3) In the performance of services for the APVMA under this section,

a person is subject to the directions of the Chief Executive Officer.

47 Consultants

(1) The APVMA may engage persons having suitable qualifications

and experience as consultants to the APVMA.

(2) The terms and conditions of engagement are to be determined by

the APVMA.

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Corporate and annual operational plans Part 6

Section 51

Agricultural and Veterinary Chemicals (Administration) Act 1992 33

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Part 6—Corporate and annual operational plans

51 Approval of corporate plan

(1) The Chief Executive Officer must give a corporate plan, prepared

under section 35 of the Public Governance, Performance and

Accountability Act 2013, to the Minister for approval on or before:

(a) 1 June in each calendar year; or

(b) a later day in a particular calendar year, as allowed by the

Minister;

unless the Minister determines otherwise.

(2) The plan comes into force on the later of:

(a) if approval is required under subsection (1)—the day it is

approved by the Minister; and

(b) the first day of the period to which it relates.

(3) Subsection 35(3) of the Public Governance, Performance and

Accountability Act 2013 (which deals with the Australian

Government’s key priorities and objectives) does not apply to a

corporate plan prepared by the Chief Executive Officer.

52 Variation of corporate plan

(1) The Chief Executive Officer may, at any time, review a corporate

plan and consider whether a variation to the plan is necessary.

(2) The Chief Executive Officer must, if requested by the Minister,

vary a corporate plan and give the variation to the Minister for

approval.

(3) The Chief Executive Officer may, with the approval of the

Minister, vary a corporate plan.

(4) A variation of a plan already in force takes effect on the day the

variation is approved.

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Section 55

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(5) Despite subsection (3), the Minister’s approval is not required for a

minor variation of the plan. A minor variation of a plan already in

force takes effect on the day the variation is made.

55 Development of annual operational plan

(1) The Chief Executive Officer must, on or before 1 June (or such

later day as the Minister in a particular calendar year allows) in

each calendar year, give to the Minister an annual operational plan

relating to the period of 12 months beginning on 1 July in that

calendar year.

(2) An annual operational plan must:

(a) set out particulars of the action that the APVMA intends to

take in order to give effect to, or further, during the period to

which the plan relates, the objectives set out in the corporate

plan applicable to the period; and

(b) include such performance indicators as the Chief Executive

Officer considers appropriate against which the APVMA’s

performance can be assessed during the period to which the

plan relates; and

(c) include such other information (if any) as is prescribed by the

regulations.

56 Approval of annual operational plan

(1) The Minister may, by written notice given to the Chief Executive

Officer:

(a) approve an annual operational plan; or

(b) if the Minister thinks that the plan is inconsistent with the

provisions of the relevant corporate plan—request the Chief

Executive Officer to revise the annual operational plan

appropriately.

(2) If the Minister makes a request under paragraph (1)(b), the

Minister is to set out the reasons for the request in the notice.

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(3) The Chief Executive Officer must consider a request under

paragraph (1)(b) and the statement of reasons, make such revision

of the annual operational plan as he or she considers appropriate

and submit the revised plan to the Minister for approval.

(4) An annual operational plan comes into force:

(a) at the beginning of the period to which the plan relates; or

(b) on the day on which the Chief Executive Officer receives

written notice of the Minister’s approval;

whichever is the later.

57 Variation of annual operational plan

(1) Section 52 applies to annual operational plans in the same way as it

applies to corporate plans.

(2) When submitting to the Minister proposals for variation of a

corporate plan, the Chief Executive Officer must also submit to the

Minister proposals for any consequential variations of a relevant

annual operational plan.

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Part 7 Finance and reporting requirements

Division 1 Finance

Section 58

36 Agricultural and Veterinary Chemicals (Administration) Act 1992

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Part 7—Finance and reporting requirements

Division 1—Finance

58 Money payable to the APVMA

(1) The Commonwealth must pay to the APVMA amounts equal to:

(a) such money as is appropriated by the Parliament for the

purposes of the APVMA; and

(b) fees received by the Commonwealth under this Act, the

Agvet Codes or the Agvet Regulations; and

(c) any amounts of levy, late payment penalty or understatement

penalty paid to the Commonwealth under any Act providing

for the collection of a levy imposed in respect of the disposal

of chemical products; and

(d) any amounts paid by a State or a participating Territory to the

Commonwealth for the purposes of the APVMA.

(2) The Finance Minister may give directions about the amounts in

which, and the times at which, money payable under

paragraph (1)(a) is to be paid to the APVMA.

(3) If a direction under subsection (2) is given in writing, the direction

is not a legislative instrument.

(4) If an amount referred to in any of paragraphs (1)(b) to (d) is

refunded by the Commonwealth, the APVMA must pay to the

Commonwealth an amount equal to the refund.

(5) The Minister may, on behalf of the Commonwealth, set off an

amount payable by the APVMA under subsection (4) against an

amount that is payable to the APVMA under subsection (1).

(6) Amounts payable under paragraphs (1)(b) to (d) are to be paid out

of the Consolidated Revenue Fund, which is appropriated

accordingly.

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Finance Division 1

Section 59

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(7) In this section:

Finance Minister means the Minister administering the Public

Governance, Performance and Accountability Act 2013.

59 Application of money by the APVMA

(1) The money of the APVMA is to be applied only:

(a) in payment or discharge of the costs, expenses and other

obligations incurred by the APVMA in the performance of its

functions and the exercise of its powers; and

(b) in payment of any remuneration or allowances payable under

this Act; and

(c) in making any other payments that the APVMA is authorised

or required to make by or under any law of the

Commonwealth, a State or a Territory that confers functions

or powers on the APVMA.

(2) Subsection (1) does not prevent investment, under section 59 of the

Public Governance, Performance and Accountability Act 2013, of

money that is not immediately required for the purposes of the

APVMA.

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Part 7 Finance and reporting requirements

Division 2 Reporting requirements

Section 61

38 Agricultural and Veterinary Chemicals (Administration) Act 1992

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Division 2—Reporting requirements

61 Annual report

The annual report prepared by the Chief Executive Officer and

given to the Minister under section 46 of the Public Governance,

Performance and Accountability Act 2013 for a period must

include particulars of:

(a) an assessment of the extent to which the APVMA’s

operations during that period have contributed to the

objectives set out in the annual operational plan for that

period; and

(b) an evaluation of the APVMA’s overall performance during

that period against:

(i) the performance indicators set out in the annual

operational plan for that period; and

(ii) the performance indicators (if any) prescribed by the

regulations for the purposes of this subparagraph; and

(c) any exercise of powers under section 131AA of the Code set

out in the Schedule to the Agricultural and Veterinary

Chemicals Code Act 1994 during that period; and

(d) variations (if any) of the annual operational plan taking effect

during that period; and

(e) significant purchases and disposals of real property by the

APVMA during that period; and

(f) any directions given to the APVMA by the Minister during

that period to which subsection 10(3) applies and the impact

of the directions on the operations of the APVMA.

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Exemption from taxation Division 3

Section 62

Agricultural and Veterinary Chemicals (Administration) Act 1992 39

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Division 3—Exemption from taxation

62 Exemption from taxation

The APVMA is not subject to taxation under the laws of the

Commonwealth or of a State or Territory.

Note: Despite this section, the APVMA may be subject to taxation under

certain laws. See, for example, section 177-5 of the A New Tax System

(Goods and Services Tax) Act 1999.

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Part 7A Importation, manufacture and exportation of chemicals

Division 1 Interpretation

Section 69A

40 Agricultural and Veterinary Chemicals (Administration) Act 1992

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Part 7A—Importation, manufacture and

exportation of chemicals

Division 1—Interpretation

69A Interpretation

Unless the contrary intention appears, expressions used in this Part

have the same meanings as in the Code set out in the Schedule to

the Agricultural and Veterinary Chemicals Code Act 1994.

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Division 2—Importation, manufacture and exportation

Subdivision A—Importation

69B Importation offence

(1) A person must not:

(a) import into Australia:

(i) an active constituent for a proposed or existing chemical

product that is neither an approved active constituent

nor an exempt active constituent; or

(ii) a chemical product that is not a registered chemical

product, a reserved chemical product or an exempt

chemical product; or

(b) arrange for the importation into Australia, on behalf of

another person who, at the time of the arrangements, is

neither a resident of, nor carrying on business in, Australia,

of such an active constituent or chemical product.

(1AA) A person commits an offence if the person contravenes

subsection (1).

Penalty: 300 penalty units.

(1A) Subsection (1AA) does not apply if the person has a reasonable

excuse.

Note: The defendant bears an evidential burden in relation to the matter in

subsection (1A). See subsection 13.3(3) of the Criminal Code.

(1B) Subsection (1AA) does not apply if the person has the APVMA’s

written consent.

Note: The defendant bears an evidential burden in relation to the matter in

subsection (1B). See subsection 13.3(3) of the Criminal Code.

(1C) For the purposes of subsection (1AA), strict liability applies to the

physical element of circumstance in subparagraph (1)(a)(i), that the

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active constituent is neither an approved active constituent nor an

exempt active constituent.

Note: For strict liability, see section 6.1 of the Criminal Code.

(1D) For the purposes of subsection (1AA), strict liability applies to the

physical element of circumstance in subparagraph (1)(a)(ii), that

the chemical product is neither a registered chemical product nor

an exempt chemical product.

Note: For strict liability, see section 6.1 of the Criminal Code.

(1E) Subsection (1) is a civil penalty provision.

Note 1: Part 7AB provides for pecuniary penalties for contraventions of civil

penalty provisions.

Note 2: For the evidential burden in civil penalty proceedings in relation to the

matters in subsection (1B), see section 69EJP.

(2) In subsection (1):

exempt active constituent means an active constituent that is

exempted by the APVMA from the operation of that subsection.

exempt chemical product means a chemical product that is

exempted by the APVMA from the operation of that subsection.

(3) The APVMA may, by writing, exempt an active constituent for a

proposed or existing chemical product, or exempt a chemical

product, from the operation of subsection (1).

(3A) A consent given under subsection (1B) may be subject to any

conditions that the APVMA thinks appropriate.

(3B) The APVMA may impose a condition, by writing, on a consent at

any time while the consent is in force.

(4) If:

(a) the importation of an active constituent for a proposed or

existing chemical product, or of a chemical product, is

prohibited under subsection (1); and

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Section 69CA

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(b) the APVMA notifies the Comptroller-General of Customs

(within the meaning of the Customs Act 1901) in writing that

the APVMA wishes the Customs Act 1901 to apply to that

importation;

the Customs Act 1901 has effect as if the constituent or product

included in that importation were goods described as forfeited to

the Crown under section 229 of that Act because they were

prohibited imports within the meaning of that Act.

Subdivision B—Provision of information

69CA Providing information about certain chemical products etc. to

comply with international agreements

Regulations may prescribe international agreements

(1) The regulations may prescribe an international agreement or

arrangement for the purposes of this section.

Regulations may prescribe information about import etc. of certain

chemicals

(2) For the purposes of complying with a prescribed agreement or

arrangement, the regulations may prescribe the following

information in respect of a prescribed active constituent for a

proposed or existing chemical product, or a prescribed chemical

product:

(a) information about the import of the constituent or product

into Australia;

(b) information about the manufacture or use of the constituent

or product in Australia;

(c) information about other dealings with the constituent or

product in Australia;

(d) information about the export of the constituent or product

from Australia.

(3) For each constituent or product, the regulations must identify the

relevant international agreement or arrangement.

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Section 69CB

44 Agricultural and Veterinary Chemicals (Administration) Act 1992

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A person must provide prescribed information about prescribed

constituents or products

(4) A person must provide any relevant prescribed information in

respect of a prescribed constituent or product if the person imports,

manufactures, uses, deals with or exports the constituent or

product.

Note 1: A person who fails to provide the information or who provides false or

misleading information may commit an offence against section 69CD.

Note 2: Section 69C might prohibit or restrict the import, manufacture, use,

dealing or export of a prescribed constituent or product.

(5) The information must be provided to the relevant agency in an

approved form within the period prescribed for the constituent or

product in the regulations.

Commencement of regulations

(6) A regulation made for the purposes of this section in respect of a

constituent or product may be expressed to come into force when

the relevant international agreement or arrangement enters into

force for Australia, but must not be expressed to come into force

before that time.

69CB Providing information about certain chemical products etc.

under international consideration

Regulations may prescribe constituents and products

(1) The regulations may prescribe the following active constituents for

a proposed or existing chemical product, or the following chemical

products, for the purposes of this section:

(a) a constituent or product that is the subject of an international

agreement or arrangement that has not entered into force for

Australia;

(b) a constituent or product that is the subject of consideration:

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(i) by an international organisation, or by an organ of or a

body established by an international organisation, or by

Australia together with any other country; and

(ii) in relation to an international agreement or arrangement

(including one that has not entered into force for

Australia) or in relation to negotiations for an

international agreement or arrangement.

Regulations may prescribe information about import etc. of such

constituents or products

(2) The regulations may prescribe the following information in respect

of a prescribed constituent or product:

(a) information about the import of the constituent or product

into Australia;

(b) information about the manufacture or use of the constituent

or product in Australia;

(c) information about other dealings with the constituent or

product in Australia;

(d) information about the export of the constituent or product

from Australia.

Constitutional basis for this section

(3) The reference in paragraphs (2)(b) and (c) to the manufacture or

use of, or other dealings with, a constituent or product in Australia

is confined to the following:

(a) the manufacture or use of, or other dealings with, the

constituent or product in Australia by trading corporations

formed within the limits of the Commonwealth, or foreign

corporations, within the meaning of paragraph 51(xx) of the

Constitution;

(b) the manufacture or use of, or other dealings with, the

constituent or product in Australia for supply in the course of

trade and commerce:

(i) with other countries; or

(ii) among the States; or

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(iii) within a Territory; or

(iv) between a State and a Territory or between 2

Territories;

(c) the manufacture or use of, or other dealings with, the

constituent or product in Australia for supply to, or to an

authority or instrumentality of, the Commonwealth or a

Territory;

(d) the manufacture or use of, or other dealings with, the

constituent or product in a Territory.

A person must provide prescribed information about prescribed

constituents or products

(4) A person must provide any relevant prescribed information in

respect of a prescribed constituent or product if the person imports,

manufactures, uses, deals with or exports the constituent or product

in the circumstances mentioned in subsection (3).

Note: A person who fails to provide the information or who provides false or

misleading information may commit an offence against section 69CD.

(5) The information must be provided to the relevant agency in an

approved form within the period prescribed for the constituent or

product in the regulations.

69CC Relevant agency to provide information to other countries

(1) A relevant agency may inform a country, the appropriate authority

of a country or a relevant international organisation regarding the

following:

(a) the movements into or out of Australia of an active

constituent or chemical product prescribed in regulations

made under section 69CA or 69CB;

(b) the manufacture or use of such a constituent or product in

Australia;

(c) any other dealing with such a constituent or product in

Australia.

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(2) A relevant agency may provide the information in such terms and

on such conditions as the agency thinks fit, having regard to:

(a) the terms of any relevant international agreement or

arrangement; and

(b) the interest of any person in maintaining confidentiality in

relation to movements, manufacture or use of, or other

dealings with, the constituent or product.

69CD Contraventions relating to providing information under

sections 69CA and 69CB

Offence for failing to provide information

(1) A person commits an offence if:

(a) the person is required to provide information under

section 69CA or 69CB; and

(b) the person fails to provide the information under that section.

Penalty: 50 penalty units.

(2) In subsection (1), strict liability applies to the physical element of

circumstance that the information is required to be provided under

section 69CA or 69CB.

Note: For strict liability, see section 6.1 of the Criminal Code.

Civil penalty provision

(2A) A person contravenes this subsection if:

(a) the person is required to provide information under

section 69CA or 69CB; and

(b) the person fails to provide the information under that section.

(2B) Subsection (2A) is a civil penalty provision.

Note: Part 7AB provides for pecuniary penalties for contraventions of civil

penalty provisions.

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Section 69C

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Offence for false or misleading information

(3) A person commits an offence if:

(a) the person provides information (whether orally or in

writing) to a relevant agency under section 69CA or 69CB;

and

(b) the person knows that the information is false or misleading

in a material particular; and

(c) the information is provided:

(i) without the person indicating to the agency that it is

false or misleading; and

(ii) without the person indicating how it is false or

misleading; and

(iii) without the person providing to the agency correct

information that the person possesses or can reasonably

acquire.

Penalty: 300 penalty units.

(4) The fault element for paragraph (3)(c) is recklessness.

Note: For recklessness, see section 5.4 of the Criminal Code.

(5) In subsection (3), strict liability applies to the physical element of

circumstance that the information is provided under section 69CA

or 69CB.

Note: For strict liability, see section 6.1 of the Criminal Code.

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Subdivision C—Chemical products etc. subject to international

agreements

69C Prohibition on import, manufacture, use or export of certain

chemical products etc. under international agreements

Regulations may prohibit import etc. of certain chemical products

under international agreements

(1) If an active constituent for a proposed or existing chemical

product, or a chemical product, is the subject of an international

agreement or arrangement prescribed for the purposes of this

section, the regulations may prohibit any one or more of the

following:

(a) the import of the constituent or product into Australia;

(b) the manufacture or use of the constituent or product in

Australia;

(c) any other dealing with the constituent or product in Australia;

(d) the export of the constituent or product from Australia.

The prohibition may be either absolute or subject to such

conditions or restrictions as are prescribed.

Requirements for making regulations

(2) A regulation prescribing conditions or restrictions for the purposes

of subsection (1) must not be made unless:

(a) a relevant agency has published in the Gazette, and in any

other manner that it thinks appropriate, a notice:

(i) identifying the agreement or arrangement; and

(ii) listing the name or names by which the constituent or

product is known to the public; and

(b) a period of 30 days has elapsed since the notice was

published.

(2A) A regulation made for the purposes of subsection (1) in respect of a

constituent or product may be expressed to come into force when

the relevant international agreement or arrangement enters into

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force for Australia, but must not be expressed to come into force

before that time.

Offence for contravening conditions or restrictions

(5) A person must not import, manufacture, use, deal with or export an

active constituent for a proposed or existing chemical product, or a

chemical product, in contravention of a condition or restriction

prescribed by a regulation made for the purposes of subsection (1).

Penalty: 300 penalty units.

(5A) Subsection (5) does not apply if the person has a reasonable

excuse.

Note: The defendant bears an evidential burden in relation to the matter in

subsection (5A). See subsection 13.3(3) of the Criminal Code.

(5B) In subsection (5), strict liability applies to the physical element of

circumstance, that the condition or restriction that the conduct

contravenes is a condition or restriction prescribed by a regulation

made for the purposes of subsection (1).

Note: For strict liability, see section 6.1 of the Criminal Code.

Subdivision D—Exportation

69D Export of chemical products

(1) The APVMA may, upon the written application of a person

wishing to export a chemical product to a foreign country and upon

payment of the prescribed fee (if any), give to the person or to the

government of that country or to any authority of that country

named by the person, a certificate setting out the findings (if any)

of the APVMA in relation to any matters relating to the chemical

product that are required to be established for the purposes of its

export.

(1A) If the APVMA refuses to give a certificate under subsection (1), it

must:

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(a) give written notice of its refusal to the person who applied

for the certificate; and

(b) include in the notice the reasons for the refusal.

(1B) Application may be made to the Administrative Appeals Tribunal

for review of a decision of the APVMA refusing to give a

certificate under subsection (1).

(1C) A notice given under subsection (1A) must include a statement to

the effect that:

(a) subject to the Administrative Appeals Tribunal Act 1975,

application may be made by or on behalf of a person whose

interests are affected by the decision to the Administrative

Appeals Tribunal for a review of the decision to which the

notice relates; and

(b) unless subsection 28(4) of that Act applies, application may

be made in accordance with section 28 of that Act by or on

behalf of a person whose interests are affected by the

decision for a statement in writing setting out the findings on

material questions of fact, referring to the evidence or other

material on which those findings were based and giving the

reasons for the decision.

(1D) A failure to comply with subsection (1C) in relation to a decision

does not affect the validity of the decision.

(2) If the APVMA becomes aware that a chemical product:

(a) in respect of which an application for registration has been

refused; or

(b) the registration of which has been suspended or cancelled; or

(c) the registration of which is subject to conditions significantly

limiting the use of the product;

is proposed to be exported to a foreign country, the APVMA may,

on its own initiative, tell a body established in that country and

having functions similar to its own functions that the application

has been so refused, that the registration has been so suspended or

cancelled or that the registration of the product has been made

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Division 2 Importation, manufacture and exportation

Section 69E

52 Agricultural and Veterinary Chemicals (Administration) Act 1992

Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16

subject to those conditions, as the case may be, and the reasons for

that refusal, suspension, cancellation or imposition of conditions.

Subdivision E—Miscellaneous

69E Annual returns

(1) Subject to subsection (2), a person who imports into, manufactures

in, or exports from, Australia:

(a) active constituents for proposed or existing chemical

products; or

(b) chemical products;

during the year ending on 30 June 1995 or a later year must give to

the APVMA, not later than 3 months after the end of the year

concerned, a return setting out the respective quantities of those

active constituents, or of the active constituents contained in those

products, as the case may be, that were so imported, manufactured

or exported during that year.

(2) Subsection (1) does not apply:

(a) in relation to an active constituent or chemical product

prescribed by the regulations; or

(b) to a person in respect of a particular year ending on 30 June

if the total quantity of the active constituents that were, or

were included in chemical products that were, imported,

manufactured or exported by the person during that year was

not greater than a quantity prescribed by the regulations for

the purposes of this section.

(2A) A person commits an offence of strict liability if the person

contravenes subsection (1).

Penalty: 50 penalty units.

Note 1: For strict liability, see section 6.1 of the Criminal Code.

Note 2: A defendant bears an evidential burden in relation to the matters in

subsection (2). See subsection 13.3(3) of the Criminal Code.

(2B) Subsection (1) is a civil penalty provision.

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Importation, manufacture and exportation Division 2

Section 69EA

Agricultural and Veterinary Chemicals (Administration) Act 1992 53

Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16

Note 1: Part 7AB provides for pecuniary penalties for contraventions of civil

penalty provisions.

Note 2: For the evidential burden in civil penalty proceedings in relation to the

matters in subsection (2), see section 69EJP.

(3) From the returns given to the APVMA in relation to a year ending

on 30 June, the APVMA must prepare a statement or statements

setting out the total quantities of each active constituent that were

imported into, manufactured in, or exported from, Australia by all

persons during the year and give the statement or statements to the

Department.

69EA Keeping of records

Records relating to compliance with sections 69B, 69C and 69E

(1) A person who imports into, manufactures in, or exports from,

Australia an active constituent for a proposed or existing chemical

product, or a chemical product, must:

(a) keep any records relating to the importation, manufacture or

exportation that are reasonably necessary to enable the

APVMA to find out whether sections 69B, 69C and 69E

have been complied with; and

(b) retain those records for 6 years.

(1AA) A person commits an offence of strict liability if the person

contravenes subsection (1).

Penalty: 50 penalty units.

Note: For strict liability, see section 6.1 of the Criminal Code.

(1AB) Subsection (1) is a civil penalty provision.

Note: Part 7AB provides for pecuniary penalties for contraventions of civil

penalty provisions.

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Part 7A Importation, manufacture and exportation of chemicals

Division 2 Importation, manufacture and exportation

Section 69EAA

54 Agricultural and Veterinary Chemicals (Administration) Act 1992

Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16

Records relating to import etc. of chemical products prescribed

under section 69CA, 69CB or 69C

(1A) A person who imports into Australia, manufactures, uses or deals

with in Australia, or exports from Australia, an active constituent

or chemical product prescribed in regulations made under

section 69CA, 69CB or 69C must:

(a) keep any records relating to the import, manufacture, use,

dealing or export that are reasonably necessary to enable the

Department to find out whether those sections have been

complied with; and

(b) retain those records for 6 years.

(2) A person commits an offence of strict liability if the person

contravenes subsection (1A).

Penalty: 50 penalty units.

Note: For strict liability, see section 6.1 of the Criminal Code.

(3) Subsection (1A) is a civil penalty provision.

Note: Part 7AB provides for pecuniary penalties for contraventions of civil

penalty provisions.

69EAA Definitions

In this Division:

approved form means a form approved by the Secretary or

prescribed by the regulations.

deal with, in relation to an active constituent for a proposed or

existing chemical product, or in relation to a chemical product,

includes supply or otherwise dispose of the constituent or product.

relevant agency means the Department or the APVMA.

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Section 69EAB

Agricultural and Veterinary Chemicals (Administration) Act 1992 55

Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16

Part 7AA—Investigative powers

Division 1—Monitoring

Subdivision A—Monitoring powers etc.

69EAB Powers available to inspectors for monitoring compliance

(1) Subject to subsections (2) and (3), for the purpose of finding out

whether this Act or the Collection Act has been, or is being,

complied with, or of assessing the correctness of information

provided under this Act or the Collection Act, or of finding out

whether levy is payable under the Collection Act, an inspector

may:

(a) enter any premises; and

(b) exercise the monitoring powers.

(2) If premises mentioned in paragraph (1)(a) are a residence, an

inspector may only enter the premises if:

(a) the premises are used for commercial purposes in relation to

active constituents or chemical products, in addition to

residential purposes; and

(b) paragraph (3)(a) or (b) is satisfied.

(3) An inspector is not authorised to enter premises under

subsection (1) unless:

(a) the occupier of the premises has consented to the entry and

the inspector has shown his or her identity card if required by

the occupier; or

(b) the entry is made under a monitoring warrant.

Note: If entry to the premises is with the occupier’s consent, the inspector

must leave the premises if the consent ceases to have effect. See

section 69ED.

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Section 69EAC

56 Agricultural and Veterinary Chemicals (Administration) Act 1992

Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16

69EAC Monitoring powers—with consent or with warrant

(1) The following are the monitoring powers that an inspector may

exercise in relation to premises:

(a) the power to search the premises and any thing on the

premises;

(b) the power to examine or observe any activity conducted on

the premises;

(c) the power to inspect, examine, take measurements of or

conduct tests on any thing on the premises;

(d) the power to make any still or moving image or any

recording of the premises or any thing on the premises;

(e) the power to inspect any document on the premises;

(f) the power to take extracts from, or make copies of, any such

document;

(g) the power to take and keep samples of any thing on the

premises;

(h) the power to open any container at the premises for the

purpose of inspecting, or taking a sample of, its contents

provided that the container is resealed after the inspection is

made or the sample is taken;

(i) the power to give directions for dealing with a container, or a

label on a container, that has been opened or sampled in

accordance with paragraph (h);

(j) the power to destroy or make harmless, or give directions for

the destruction or making harmless of, a chemical product at

the premises;

(k) the power to take onto the premises such equipment and

materials as the inspector requires for the purpose of

exercising powers in relation to the premises;

(l) the powers set out in subsections 69EAD(1) and (3) and

69EAE(1).

(2) A person who is given a direction under subsection (1) must

comply with the direction.

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Section 69EAD

Agricultural and Veterinary Chemicals (Administration) Act 1992 57

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(3) A person commits an offence of strict liability if the person

contravenes subsection (2).

Penalty: 30 penalty units.

Note: For strict liability, see section 6.1 of the Criminal Code.

(4) Subsection (2) is a civil penalty provision.

Note: Part 7AB provides for pecuniary penalties for contraventions of civil

penalty provisions.

69EAD Operating electronic equipment

(1) The monitoring powers include the power to:

(a) operate electronic equipment on the premises; and

(b) use a disk, tape or other storage device that:

(i) is on the premises; and

(ii) can be used with the equipment or is associated with it.

(2) The monitoring powers include the powers mentioned in

subsection (3) if relevant data is found in the exercise of the power

under subsection (1).

(3) The powers are as follows:

(a) the power to operate electronic equipment on the premises to

put the relevant data in documentary form and remove the

documents so produced from the premises;

(b) the power to operate electronic equipment on the premises to

transfer the relevant data to a disk, tape or other storage

device that:

(i) is brought to the premises for the exercise of the power;

or

(ii) is on the premises and the use of which for that purpose

has been agreed in writing by the occupier of the

premises;

and remove the disk, tape or other storage device from the

premises.

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Section 69EAE

58 Agricultural and Veterinary Chemicals (Administration) Act 1992

Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16

(4) An inspector may operate electronic equipment as mentioned in

subsection (1) or (3) only if the inspector believes on reasonable

grounds that the operation of the equipment can be carried out

without damage to the equipment.

Note: For compensation for damage to electronic equipment, see

section 69EDE.

69EAE Securing evidence of the contravention of a related provision

(1) The monitoring powers include the power to secure a thing for a

period not exceeding 7 days if:

(a) the thing is found during the exercise of monitoring powers

on the premises; and

(b) an inspector believes on reasonable grounds that the thing

affords evidence of one or more of the following:

(i) the commission of an offence against this Act or the

Collection Act;

(ii) the contravention of a civil penalty provision;

(iii) an offence against the Crimes Act 1914 or the Criminal

Code that relates to this Act or the Collection Act; and

(c) the inspector believes on reasonable grounds that:

(i) it is necessary to secure the thing in order to prevent it

from being concealed, lost or destroyed before a warrant

to seize the thing is obtained; and

(ii) it is necessary to secure the thing without a warrant

because the circumstances are serious and urgent.

The thing may be secured by locking it up, placing a guard or any

other means.

(2) If an inspector believes on reasonable grounds that the thing needs

to be secured for more than 7 days, the inspector may apply to a

magistrate for an extension of that period.

(3) The inspector must give notice to the occupier of the premises, or

another person who apparently represents the occupier, of his or

her intention to apply for an extension. The occupier or other

person is entitled to be heard in relation to that application.

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Section 69EAF

Agricultural and Veterinary Chemicals (Administration) Act 1992 59

Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16

(4) The provisions of this Part relating to the issue of monitoring

warrants apply, with such modifications as are necessary, to the

issue of an extension.

(5) The 7 day period may be extended more than once.

69EAF Persons assisting inspectors

Inspectors may be assisted by other persons

(1) When exercising monitoring powers, an inspector may be assisted

by other persons in exercising powers or performing functions or

duties under this Part, if that assistance is necessary and

reasonable. A person giving such assistance is a person assisting

the inspector.

Powers, functions and duties of a person assisting the inspector

(2) A person assisting the inspector:

(a) may enter the premises; and

(b) may exercise powers and perform functions and duties under

this Part for the purposes of assisting the inspector to

determine whether:

(i) this Act, or the Collection Act, has been, or is being,

complied with; or

(ii) information provided under this Act, or the Collection

Act, is correct; or

(iii) levy is payable under the Collection Act; and

(c) must do so in accordance with a direction given to the person

assisting by the inspector.

(3) A power exercised by a person assisting the inspector as mentioned

in subsection (2) is taken for all purposes to have been exercised by

the inspector.

(4) A function or duty performed by a person assisting the inspector as

mentioned in subsection (2) is taken for all purposes to have been

performed by the inspector.

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Section 69EAG

60 Agricultural and Veterinary Chemicals (Administration) Act 1992

Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16

(5) If a direction is given under paragraph (2)(c) in writing, the

direction is not a legislative instrument.

69EAG Use of force in executing a monitoring warrant

In executing a monitoring warrant, an inspector and a person

assisting the inspector may use such force against things as is

necessary and reasonable in the circumstances.

Subdivision B—Powers of inspectors to ask questions and seek

production of documents

69EAH Inspector may ask questions and seek production of

documents

(1) This section applies if an inspector enters premises for the purposes

of determining whether:

(a) this Act, or the Collection Act, has been, or is being,

complied with; or

(b) information provided under this Act, or the Collection Act, is

correct; or

(c) levy is payable under the Collection Act.

(2) If the entry is authorised because the occupier of the premises

consented to the entry, the inspector may ask the occupier to

answer any questions, and produce any document, relating to:

(a) the operation of this Act or the Collection Act; or

(b) the information.

(3) If the entry is authorised by a monitoring warrant, the inspector

may require any person on the premises to answer any questions,

and produce any document, relating to:

(a) the operation of this Act or the Collection Act; or

(b) the information.

Offence

(4) A person commits an offence if:

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(a) the person is subject to a requirement under subsection (3);

and

(b) the person fails to comply with the requirement.

Penalty for contravention of this subsection:50 penalty units.

69EAJ Copying of documents

If a person produces a document to an inspector in accordance with

a requirement under section 69EAH, the inspector may make

copies of, or take extracts from, the document.

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Section 69EB

62 Agricultural and Veterinary Chemicals (Administration) Act 1992

Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16

Division 2—Investigation

Subdivision A—Investigation powers

69EB Powers available to inspectors to investigate potential

breaches of this Act and the Collection Act

(1) Subject to subsections (2) and (3), if an inspector has reasonable

grounds for suspecting that there may be evidential material on any

premises, the inspector may:

(a) enter the premises; and

(b) exercise the investigation powers.

(2) If premises mentioned in paragraph (1)(a) are a residence, an

inspector may only enter the premises if:

(a) the premises are used for commercial purposes in relation to

active constituents or chemical products, in addition to

residential purposes; and

(b) paragraph (3)(a) or (b) is satisfied.

(3) An inspector is not authorised to enter the premises unless:

(a) the occupier of the premises has consented to the entry and

the inspector has shown his or her identity card if required by

the occupier; or

(b) the entry is made under an investigation warrant.

Note: If entry to the premises is with the occupier’s consent, the inspector

must leave the premises if the consent ceases to have effect. See

section 69ED.

69EBA Investigation powers

(1) The following are the investigation powers that an inspector may

exercise in relation to premises under section 69EB:

(a) if entry to the premises is with the occupier’s consent—the

power to search the premises and any thing on the premises

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Section 69EBA

Agricultural and Veterinary Chemicals (Administration) Act 1992 63

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for the evidential material the inspector has reasonable

grounds for suspecting may be on the premises;

(b) if entry to the premises is under an investigation warrant:

(i) the power to search the premises and any thing on the

premises for the kind of evidential material specified in

the warrant; and

(ii) the power to seize evidential material of that kind if the

inspector finds it on the premises;

(c) the power to inspect, examine, take measurements of, and

conduct tests on evidential material referred to in

paragraph (a) or (b);

(d) the power to make any still or moving image or any

recording of the premises or evidential material referred to in

paragraph (a) or (b);

(e) the power to inspect any document on the premises;

(f) the power to take extracts from, or make copies of, any such

document;

(g) the power to take and keep samples of any thing on the

premises;

(h) the power to open any container at the premises for the

purpose of inspecting, or taking a sample of, its contents

provided that the container is resealed after the inspection is

made or the sample is taken;

(i) the power to give directions for dealing with a container, or a

label on a container, that has been opened or sampled in

accordance with paragraph (h);

(j) the power to destroy or make harmless, or give directions for

the destruction or making harmless of, a chemical product at

the premises;

(k) the power to take onto the premises such equipment and

materials as the inspector requires for the purpose of

exercising powers in relation to the premises;

(l) the powers set out in subsections 69EBB(1) and (2) and

subsections 69EBC(2) and (3).

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Section 69EBB

64 Agricultural and Veterinary Chemicals (Administration) Act 1992

Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16

(2) A person who is given a direction under subsection (1) must

comply with the direction.

(3) A person commits an offence of strict liability if the person

contravenes subsection (2).

Penalty: 30 penalty units.

Note: For strict liability, see section 6.1 of the Criminal Code.

(4) Subsection (2) is a civil penalty provision.

Note: Part 7AB provides for pecuniary penalties for contraventions of civil

penalty provisions.

69EBB Operating electronic equipment

(1) The investigation powers include the power to:

(a) operate electronic equipment on the premises; and

(b) use a disk, tape or other storage device that:

(i) is on the premises; and

(ii) can be used with the equipment or is associated with it;

if an inspector has reasonable grounds for suspecting that the

electronic equipment, disk, tape or other storage device is or

contains evidential material.

(2) The investigation powers include the following powers in relation

to evidential material found in the exercise of the power under

subsection (1):

(a) if entry to the premises is under an investigation warrant—

the power to seize the equipment and the disk, tape or other

storage device referred to in that subsection;

(b) the power to operate electronic equipment on the premises to

put the evidential material in documentary form and remove

the documents so produced from the premises;

(c) the power to operate electronic equipment on the premises to

transfer the evidential material to a disk, tape or other storage

device that:

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Section 69EBC

Agricultural and Veterinary Chemicals (Administration) Act 1992 65

Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16

(i) is brought to the premises for the exercise of the power;

or

(ii) is on the premises and the use of which for that purpose

has been agreed in writing by the occupier of the

premises;

and remove the disk, tape or other storage device from the

premises.

(3) An inspector may operate electronic equipment as mentioned in

subsection (1) or (2) only if the inspector believes on reasonable

grounds that the operation of the equipment can be carried out

without damage to the equipment.

Note: For compensation for damage to electronic equipment, see

section 69EDE.

(4) An inspector may seize equipment or a disk, tape or other storage

device as mentioned in paragraph (2)(a) only if:

(a) it is not practicable to put the evidential material in

documentary form as mentioned in paragraph (2)(b) or to

transfer the evidential material as mentioned in

paragraph (2)(c); or

(b) possession of the equipment or the disk, tape or other storage

device by the occupier could constitute an offence against a

law of the Commonwealth.

69EBC Seizing evidence of related offences and civil penalty

provisions

(1) This section applies if an inspector enters premises under an

investigation warrant to search for evidential material.

(2) The investigation powers include seizing a thing that is not

evidential material of the kind specified in the warrant if:

(a) in the course of searching for the kind of evidential material

specified in the warrant, the inspector finds the thing; and

(b) the inspector believes on reasonable grounds that the thing

affords evidence of one or more of the following:

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Section 69EBD

66 Agricultural and Veterinary Chemicals (Administration) Act 1992

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(i) the commission of an offence against this Act or the

Collection Act;

(ii) the contravention of a civil penalty provision;

(iii) an offence against the Crimes Act 1914 or the Criminal

Code that relates to this Act or the Collection Act; and

(c) the inspector believes on reasonable grounds that it is

necessary to seize the thing in order to prevent its

concealment, loss or destruction or to protect the health of

the public or of any person.

(3) If an inspector seizes a thing as mentioned in subsection (2), the

investigation powers include:

(a) the power to direct the occupier of the premises or the owner

of the thing to keep it at the premises, or at other premises

under the control of the occupier or owner that will, in the

opinion of the inspector, cause least danger to the health of

the public or of any person; and

(b) the power to give any other directions for, or with respect to,

the detention of the thing.

(4) A person who is given a direction under subsection (3) must

comply with the direction.

(5) A person commits an offence of strict liability if the person

contravenes subsection (4).

Penalty: 30 penalty units.

Note: For strict liability, see section 6.1 of the Criminal Code.

(6) Subsection (4) is a civil penalty provision.

Note: Part 7AB provides for pecuniary penalties for contraventions of civil

penalty provisions.

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69EBD Persons assisting inspectors

Inspectors may be assisted by other persons

(1) When exercising investigation powers, an inspector may be

assisted by other persons in exercising powers or performing

functions or duties under this Part, if that assistance is necessary

and reasonable. A person giving such assistance is a person

assisting the inspector.

Powers, functions and duties of a person assisting the inspector

(2) A person assisting the inspector:

(a) may enter premises; and

(b) may exercise powers and perform functions and duties under

this Part in relation to evidential material; and

(c) must do so in accordance with a direction given to the person

assisting by the inspector.

(3) A power exercised by a person assisting the inspector as mentioned

in subsection (2) is taken for all purposes to have been exercised by

the inspector.

(4) A function or duty performed by a person assisting the inspector as

mentioned in subsection (2) is taken for all purposes to have been

performed by the inspector.

(5) If a direction is given under paragraph (2)(c) in writing, the

direction is not a legislative instrument.

69EBE Use of force in executing an investigation warrant

In executing an investigation warrant, an inspector and a person

assisting the inspector may use such force against things as is

necessary and reasonable in the circumstances.

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Section 69EC

68 Agricultural and Veterinary Chemicals (Administration) Act 1992

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Subdivision B—Powers of inspectors to ask questions and seek

production of documents

69EC Inspector may ask questions and seek production of

documents

(1) This section applies if an inspector enters premises to search for

evidential material.

(2) If the entry is authorised because the occupier of the premises

consented to the entry, the inspector may ask the occupier to

answer any questions, and produce any document, relating to

evidential material.

(3) If the entry is authorised by an investigation warrant, the inspector

may require any person on the premises to answer any questions,

and produce any document, relating to evidential material of the

kind specified in the warrant.

(4) A person commits an offence if:

(a) the person is subject to a requirement under subsection (3);

and

(b) the person fails to comply with the requirement.

Penalty for contravention of this subsection:50 penalty units.

69ECA Copying of documents

If a person produces a document to an inspector in accordance with

a requirement under section 69EC, the inspector may make copies

of, or take extracts from, the document.

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Section 69ED

Agricultural and Veterinary Chemicals (Administration) Act 1992 69

Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16

Division 3—Obligations and incidental powers of

inspectors

69ED Consent

(1) Before obtaining the consent of an occupier of premises for the

purposes of paragraph 69EAB(3)(a) or 69EB(3)(a), an inspector

must inform the occupier that the occupier may refuse consent.

(2) A consent has no effect unless the consent is voluntary.

(3) A consent may be expressed to be limited to entry during a

particular period. If so, the consent has effect for that period unless

the consent is withdrawn before the end of that period.

(4) A consent that is not limited as mentioned in subsection (3) has

effect until the consent is withdrawn.

(5) If an inspector entered premises because of the consent of the

occupier of the premises, the inspector, and any person assisting

the inspector, must leave the premises if the consent ceases to have

effect.

69EDA Announcement before entry under warrant

(1) Before entering premises under a warrant, an inspector must:

(a) announce that:

(i) he or she is authorised to enter the premises; and

(ii) any person assisting the inspector is authorised to enter

the premises; and

(b) show his or her identity card to the occupier of the premises,

or to another person who apparently represents the occupier,

if the occupier or other person is present at the premises; and

(c) give any person at the premises an opportunity to allow entry

to the premises.

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Section 69EDB

70 Agricultural and Veterinary Chemicals (Administration) Act 1992

Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16

(2) However, an inspector is not required to comply with

subsection (1) if the inspector believes on reasonable grounds that

immediate entry to the premises is required:

(a) to ensure the safety of a person; or

(b) to ensure that the effective execution of the warrant is not

frustrated.

(3) If:

(a) an inspector does not comply with subsection (1) because of

subsection (2); and

(b) the occupier of the premises, or another person who

apparently represents the occupier, is present at the premises;

the inspector must, as soon as practicable after entering the

premises, show his or her identity card to the occupier or other

person.

69EDB Inspector to be in possession of warrant

An inspector executing a warrant must be in possession of:

(a) the warrant issued by the magistrate under section 69EH or

69EHA, or a copy of the warrant as so issued; or

(b) the form of warrant completed under subsection 69EHB(6),

or a copy of the form as so completed.

69EDC Details of warrant etc. to be given to occupier

(1) An inspector must comply with subsection (2) if:

(a) a warrant is being executed in relation to premises; and

(b) the occupier of the premises, or another person who

apparently represents the occupier, is present at the premises.

(2) The inspector executing the warrant must, as soon as practicable:

(a) do one of the following:

(i) if the warrant was issued under section 69EH or

69EHA—make a copy of the warrant available to the

occupier or other person (which need not include the

signature of the magistrate who issued it);

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Agricultural and Veterinary Chemicals (Administration) Act 1992 71

Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16

(ii) if the warrant was signed by a magistrate under

section 69EHB—make a copy of the form of warrant

completed under subsection 69EHB(6) available to the

occupier or other person; and

(b) inform the occupier or other person of the rights and

responsibilities of the occupier or other person under

Division 5 of this Part.

69EDD Expert assistance to operate electronic equipment

(1) This section applies if an inspector enters premises under a

warrant.

Securing equipment

(2) An inspector may do whatever is necessary to secure any electronic

equipment that is on the premises if the inspector believes on

reasonable grounds that:

(a) in the case of a monitoring warrant:

(i) there is relevant data on the premises; and

(ii) the relevant data may be accessible by operating the

equipment; and

(iii) expert assistance is required to operate the equipment;

and

(iv) the relevant data may be destroyed, altered or otherwise

interfered with, if the inspector does not take action

under this subsection; and

(b) in the case of an investigation warrant:

(i) there is evidential material of the kind specified in the

warrant on the premises; and

(ii) the evidential material may be accessible by operating

the electronic equipment; and

(iii) expert assistance is required to operate the equipment;

and

(iv) the evidential material may be destroyed, altered or

otherwise interfered with, if the inspector does not take

action under this subsection.

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Division 3 Obligations and incidental powers of inspectors

Section 69EDE

72 Agricultural and Veterinary Chemicals (Administration) Act 1992

Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16

The equipment may be secured by locking it up, placing a guard or

any other means.

(3) The inspector must give notice to the occupier of the premises, or

another person who apparently represents the occupier, of:

(a) the inspector’s intention to secure the equipment; and

(b) the fact that the equipment may be secured for up to 72

hours.

Period equipment may be secured

(4) The equipment may be secured until the earlier of the following

happens:

(a) the 72-hour period ends;

(b) the equipment has been operated by the expert.

Note: For compensation for damage to electronic equipment, see

section 69EDE.

Extensions

(5) The inspector may apply to a magistrate for an extension of the

72-hour period, if the inspector believes on reasonable grounds that

the equipment needs to be secured for a longer period.

(6) Before making the application, the inspector must give notice to

the occupier of the premises, or another person who apparently

represents the occupier, of the inspector’s intention to apply for an

extension. The occupier or other person is entitled to be heard in

relation to that application.

(7) The provisions of this Part relating to the issue of a warrant apply,

with such modifications as are necessary, to the issue of an

extension.

(8) The 72-hour period may be extended more than once.

69EDE Compensation for damage to electronic equipment

(1) This section applies if:

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Section 69EDE

Agricultural and Veterinary Chemicals (Administration) Act 1992 73

Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16

(a) as a result of equipment being operated as mentioned in this

Part:

(i) damage is caused to the equipment; or

(ii) the data recorded on the equipment is damaged; or

(iii) programs associated with the use of the equipment, or

with the use of the data, are damaged or corrupted; and

(b) the damage or corruption occurs because:

(i) insufficient care was exercised in selecting the person

who was to operate the equipment; or

(ii) insufficient care was exercised by the person operating

the equipment.

(2) The APVMA must pay the owner of the equipment, or the user of

the data or programs, such reasonable compensation for the

damage or corruption as the APVMA and the owner or user agree

on.

(3) However, if the owner or user and the APVMA fail to agree, the

owner or user may institute proceedings in a court of competent

jurisdiction for such reasonable amount of compensation as the

court determines.

(4) In determining the amount of compensation payable, regard is to

be had to whether the occupier of the premises, or the occupier’s

employees or agents, if they were available at the time, provided

any appropriate warning or guidance on the operation of the

equipment.

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Division 4 Execution of an investigation warrant interrupted

Section 69EE

74 Agricultural and Veterinary Chemicals (Administration) Act 1992

Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16

Division 4—Execution of an investigation warrant

interrupted

69EE Completing execution of an investigation warrant after

temporary cessation

(1) This section applies if an inspector, and all persons assisting, who

are executing an investigation warrant in relation to premises

temporarily cease its execution and leave the premises.

(2) The inspector, and persons assisting, may complete the execution

of the warrant if:

(a) the warrant is still in force; and

(b) the inspector and persons assisting are absent from the

premises:

(i) for not more than 1 hour; or

(ii) if there is an emergency situation, for not more than 12

hours or such longer period as allowed by a magistrate

under subsection (5); or

(iii) for a longer period if the occupier of the premises

consents in writing.

Application for extension in emergency situation

(3) An inspector, or person assisting, may apply to a magistrate for an

extension of the 12-hour period mentioned in

subparagraph (2)(b)(ii) if:

(a) there is an emergency situation; and

(b) the inspector or person assisting believes on reasonable

grounds that the inspector and the persons assisting will not

be able to return to the premises within that period.

(4) If it is practicable to do so, before making the application, the

inspector or person assisting must give notice to the occupier of the

premises of his or her intention to apply for an extension.

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Section 69EEA

Agricultural and Veterinary Chemicals (Administration) Act 1992 75

Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16

Extension in emergency situation

(5) A magistrate may extend the period during which the inspector and

persons assisting may be away from the premises if:

(a) an application is made under subsection (3); and

(b) the magistrate is satisfied, by information on oath or

affirmation, that there are exceptional circumstances that

justify the extension; and

(c) the extension would not result in the period ending after the

warrant ceases to be in force.

69EEA Completing execution of an investigation warrant stopped

by court order

An inspector, and any persons assisting, may complete the

execution of an investigation warrant that has been stopped by an

order of a court if:

(a) the order is later revoked or reversed on appeal; and

(b) the warrant is still in force when the order is revoked or

reversed.

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Division 5 Occupier’s rights and responsibilities

Section 69EF

76 Agricultural and Veterinary Chemicals (Administration) Act 1992

Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16

Division 5—Occupier’s rights and responsibilities

69EF Occupier entitled to observe execution of warrant

(1) The occupier of premises to which a warrant relates, or another

person who apparently represents the occupier, is entitled to

observe the execution of the warrant if the occupier or other person

is present at the premises while the warrant is being executed.

(2) The right to observe the execution of the warrant ceases if the

occupier or other person impedes that execution.

(3) This section does not prevent the execution of the warrant in 2 or

more areas of the premises at the same time.

69EFA Occupier to provide inspector with facilities and assistance

(1) The occupier of premises to which a warrant relates, or another

person who apparently represents the occupier, must provide:

(a) an inspector executing the warrant; and

(b) any person assisting;

with all reasonable facilities and assistance for the effective

exercise of their powers.

(2) A person commits an offence if:

(a) the person is subject to subsection (1); and

(b) the person fails to comply with that subsection.

Penalty for contravention of this subsection:30 penalty units.

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General provisions relating to seizure Division 6

Section 69EG

Agricultural and Veterinary Chemicals (Administration) Act 1992 77

Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16

Division 6—General provisions relating to seizure

69EG Copies of seized things to be provided

(1) Subject to subsection (2), if an inspector who has entered premises

under an investigation warrant seizes:

(a) a document, film, computer file or other thing that can be

readily copied; or

(b) a storage device the information in which can be readily

copied;

the inspector must, if asked to do so by the occupier of the

premises or another person who apparently represents the occupier

and is present when the seizure takes place, give a copy of the

thing or the information to the occupier or other person as soon as

practicable after the seizure.

(2) However, the inspector is not required to comply with the request

if possession of the document, film, computer file, thing or

information by the occupier or other person could constitute an

offence against a law of the Commonwealth.

69EGA Receipts for seized things

(1) An inspector must provide a receipt for a thing that is seized under

an investigation warrant.

(2) One receipt may cover 2 or more things seized.

69EGB Return of seized things

(1) An inspector must take reasonable steps to return a thing seized

under an investigation warrant when the earliest of the following

happens:

(a) the reason for the thing’s seizure no longer exists;

(b) it is decided that the thing is not to be used in evidence;

(c) the period of 60 days after the thing’s seizure ends.

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Division 6 General provisions relating to seizure

Section 69EGC

78 Agricultural and Veterinary Chemicals (Administration) Act 1992

Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16

Exceptions

(2) Subsection (1):

(a) is subject to any contrary order of a court; and

(b) does not apply if the thing:

(i) is forfeited or forfeitable to the APVMA (see

section 69ET); or

(ii) is the subject of a dispute as to ownership.

(3) The inspector is not required to take reasonable steps to return a

thing because of paragraph (1)(c) if:

(a) proceedings in which the thing may be used in evidence were

begun before the end of the 60 days and have not been

completed (including an appeal to a court in relation to those

proceedings); or

(b) the inspector may keep the thing because of an order under

section 69EGC; or

(c) the inspector is authorised by this Part or by an order of a

court to keep, destroy or dispose of the thing.

69EGC Magistrate may permit a thing to be kept

(1) If:

(a) before the end of 60 days after an inspector seizes a thing

under an investigation warrant; or

(b) before the end of a period previously stated in an order under

this section in respect of a thing seized by an inspector as

mentioned in paragraph (a);

proceedings in which the thing may be used in evidence have not

been brought, the inspector may apply to a magistrate for an order

that he or she may keep the thing for a further period.

(2) Before making the application, the inspector must:

(a) take reasonable steps to discover who has an interest in the

retention of the thing; and

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Section 69EGD

Agricultural and Veterinary Chemicals (Administration) Act 1992 79

Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16

(b) if it is practicable to do so, notify each person who the

inspector believes has such an interest of the proposed

application.

Order to retain thing

(3) A magistrate may order that the thing may continue to be retained

for a period specified in the order if the magistrate is satisfied that

it is necessary for the thing to continue to be retained:

(a) for the purposes of an investigation as to whether:

(i) an offence against this Act or the Collection Act has

been committed; or

(ii) a civil penalty provision has been contravened; or

(b) for the purposes of an investigation as to whether an offence

against the Crimes Act 1914 or the Criminal Code that relates

to this Act or the Collection Act has been committed; or

(c) to enable evidence of:

(i) an offence mentioned in paragraph (a) or (b) to be

secured for the purposes of a prosecution; or

(ii) a contravention mentioned in paragraph (a) to be

secured for the purposes of proceedings for a civil

penalty order.

(4) The period specified must not exceed 3 years.

69EGD Disposal of things

(1) The APVMA may dispose of a thing seized under an investigation

warrant if:

(a) an inspector has taken reasonable steps to return the thing to

a person; and

(b) either:

(i) the inspector has been unable to locate the person; or

(ii) the person has refused to take possession of the thing.

(2) The APVMA may dispose of the thing in such manner as it

considers appropriate.

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Division 7 Applying for warrants etc.

Section 69EH

80 Agricultural and Veterinary Chemicals (Administration) Act 1992

Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16

Division 7—Applying for warrants etc.

69EH Monitoring warrants

Application for warrant

(1) An inspector may apply to a magistrate for a monitoring warrant

under this section in relation to premises.

Issue of warrant

(2) The magistrate may issue the warrant if the magistrate is satisfied,

by information on oath or affirmation, that it is reasonably

necessary that one or more inspectors should have access to the

premises for the purpose of determining whether:

(a) this Act, or the Collection Act, has been, or is being,

complied with; or

(b) information provided under this Act, or the Collection Act, is

correct; or

(c) levy is payable under the Collection Act.

(3) However, the magistrate must not issue the warrant unless the

inspector or some other person has given to the magistrate, either

orally or by affidavit, such further information (if any) as the

magistrate requires concerning the grounds on which the issue of

the monitoring warrant is being sought.

Content of warrant

(4) The monitoring warrant must:

(a) describe the premises to which the warrant relates; and

(b) state that the warrant is issued under this section; and

(c) state the purpose for which the warrant is issued; and

(d) authorise one or more inspectors (whether or not named in

the warrant) from time to time while the warrant remains in

force:

(i) to enter the premises; and

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Section 69EHA

Agricultural and Veterinary Chemicals (Administration) Act 1992 81

Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16

(ii) to exercise the monitoring powers in relation to the

premises; and

(e) state whether entry is authorised to be made at any time of

the day or during specified hours of the day; and

(f) specify the day (not more than 6 months after the issue of the

warrant) the warrant ceases to be in force.

(5) If the application for the warrant is made under section 69EHB,

this section applies as if paragraph (4)(f) required the warrant to

specify the period for which the warrant is to remain in force,

which must not be more than 48 hours.

69EHA Investigation warrants

Application for warrant

(1) An inspector may apply to a magistrate for an investigation warrant

under this section in relation to premises.

Issue of warrant

(2) The magistrate may issue the investigation warrant if the

magistrate is satisfied, by information on oath or affirmation, that

there are reasonable grounds for suspecting that there is, or there

may be within the next 72 hours, evidential material on the

premises.

(3) However, the magistrate must not issue the investigation warrant

unless the inspector or some other person has given to the

magistrate, either orally or by affidavit, such further information (if

any) as the magistrate requires concerning the grounds on which

the issue of the warrant is being sought.

Content of warrant

(4) The investigation warrant must:

(a) state the offence or offences, or civil penalty provision or

civil penalty provisions, to which the warrant relates; and

(b) describe the premises to which the warrant relates; and

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Division 7 Applying for warrants etc.

Section 69EHB

82 Agricultural and Veterinary Chemicals (Administration) Act 1992

Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16

(c) state that the warrant is issued under this section; and

(d) specify the kinds of evidential material that are to be

searched for under the warrant; and

(e) state that the evidential material specified may be seized

under the warrant; and

(f) state that any thing found in the course of executing the

warrant that the person executing the warrant believes on

reasonable grounds to be evidence of one or more of the

following:

(i) the commission of an offence against this Act or the

Collection Act;

(ii) the contravention of a civil penalty provision;

(iii) an offence against the Crimes Act 1914 or the Criminal

Code that relates to this Act or the Collection Act;

may be seized under the warrant; and

(g) name one or more inspectors; and

(h) authorise the inspectors named in the warrant:

(i) to enter the premises; and

(ii) to exercise the powers set out in Divisions 2, 3 and 4 of

this Part in relation to the premises; and

(i) state whether entry is authorised to be made at any time of

the day or during specified hours of the day; and

(j) specify the day (not more than 1 week after the issue of the

warrant) the warrant ceases to be in force.

(5) If the application for the warrant is made under section 69EHB,

this section applies as if:

(a) subsection (2) referred to 48 hours rather than 72 hours; and

(b) paragraph (4)(j) required the warrant to specify the period for

which the warrant is to remain in force, which must not be

more than 48 hours.

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Section 69EHB

Agricultural and Veterinary Chemicals (Administration) Act 1992 83

Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16

69EHB Warrants by telephone, fax etc.

Application for warrant

(1) An inspector may apply to a magistrate by telephone, fax or other

electronic means for a warrant in relation to premises:

(a) in an urgent case; or

(b) if the delay that would occur if an application were made in

person would frustrate the effective execution of the warrant.

(2) The magistrate may require communication by voice to the extent

that it is practicable in the circumstances.

(3) Before applying for a warrant, the inspector must:

(a) in the case of a monitoring warrant—prepare an information

of the kind mentioned in subsection 69EH(2); and

(b) in the case of an investigation warrant—prepare an

information of the kind mentioned in subsection 69EHA(2);

in relation to the premises that sets out the grounds on which the

warrant is sought. If it is necessary to do so, the inspector may

apply for the warrant before the information is sworn or affirmed.

Magistrate may complete and sign warrant

(4) The magistrate may complete and sign the same warrant that would

have been issued under section 69EH or 69EHA if the magistrate is

satisfied that there are reasonable grounds for doing so:

(a) after considering the terms of the information; and

(b) after receiving such further information (if any) as the

magistrate requires concerning the grounds on which the

issue of the warrant is being sought.

(5) After completing and signing the warrant, the magistrate must

inform the inspector, by telephone, fax or other electronic means,

of:

(a) the terms of the warrant; and

(b) the day and time the warrant was signed.

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Division 7 Applying for warrants etc.

Section 69EHC

84 Agricultural and Veterinary Chemicals (Administration) Act 1992

Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16

Obligations on inspector

(6) The inspector must then do the following:

(a) complete and sign a form of warrant in the same terms as the

warrant completed and signed by the magistrate;

(b) state on the form the following:

(i) the name of the magistrate;

(ii) the day and time the warrant was signed by the

magistrate;

(c) send the following to the magistrate:

(i) the form of warrant completed by the inspector;

(ii) the information referred to in subsection (3), which

must have been duly sworn or affirmed.

(7) The inspector must comply with paragraph (6)(c) by the end of the

day after the earlier of the following:

(a) the day the warrant ceases to be in force;

(b) the day the warrant is executed.

Magistrate to attach documents together

(8) The magistrate must attach the documents provided under

paragraph (6)(c) to the warrant signed by the magistrate.

69EHC Authority of warrant

(1) A form of warrant duly completed under subsection 69EHB(6) is

authority for the same powers as are authorised by the warrant

signed by the magistrate under subsection 69EHB(4).

(2) In any proceedings, a court is to assume (unless the contrary is

proved) that an exercise of power was not authorised by a warrant

under section 69EHB if:

(a) it is material, in those proceedings, for the court to be

satisfied that the exercise of power was authorised by that

section; and

(b) the warrant signed by the inspector authorising the exercise

of the power is not produced in evidence.

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Section 69EHD

Agricultural and Veterinary Chemicals (Administration) Act 1992 85

Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16

69EHD Offence relating to warrants by telephone, fax etc.

An inspector must not:

(a) state in a document that purports to be a form of warrant

under section 69EHB the name of a magistrate unless that

magistrate signed the warrant; or

(b) state on a form of warrant under that section a matter that, to

the inspector’s knowledge, departs in a material particular

from the terms of the warrant signed by the magistrate under

that section; or

(c) purport to execute, or present to another person, a document

that purports to be a form of warrant under that section that

the inspector knows departs in a material particular from the

terms of a warrant signed by a magistrate under that section;

or

(d) purport to execute, or present to another person, a document

that purports to be a form of warrant under that section where

the inspector knows that no warrant in the terms of the form

of warrant has been completed and signed by a magistrate; or

(e) give to a magistrate a form of warrant under that section that

is not the form of warrant that the inspector purported to

execute.

Penalty: Imprisonment for 2 years.

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Division 8 Powers of magistrates

Section 69EI

86 Agricultural and Veterinary Chemicals (Administration) Act 1992

Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16

Division 8—Powers of magistrates

69EI Powers of issuing officers

Powers conferred personally

(1) A power conferred on a magistrate by this Part is conferred on the

magistrate:

(a) in a personal capacity; and

(b) not as a court or a member of a court.

Powers need not be accepted

(2) The magistrate need not accept the power conferred.

Protection and immunity

(3) A magistrate exercising a power conferred by this Part has the

same protection and immunity as if the magistrate were exercising

the power:

(a) as the court of which the magistrate is a member; or

(b) as a member of the court of which the magistrate is a

member.

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Civil penalty orders Division 1

Section 69EJ

Agricultural and Veterinary Chemicals (Administration) Act 1992 87

Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16

Part 7AB—Enforcement

Division 1—Civil penalty orders

Subdivision A—Obtaining a civil penalty order

69EJ Civil penalty orders

Application for order

(1) The APVMA may, on behalf of the Commonwealth, apply to a

court of competent jurisdiction for an order that a person, who is

alleged to have contravened a civil penalty provision, pay the

Commonwealth a pecuniary penalty.

(2) The APVMA must make the application within 6 years of the

alleged contravention.

Court may order person to pay pecuniary penalty

(3) If the court is satisfied that the person has contravened the civil

penalty provision, the court may order the person to pay to the

Commonwealth such pecuniary penalty for the contravention as the

court determines to be appropriate.

Note: Section 69EJA sets out the maximum penalty that the court may order

the person to pay.

(4) An order under subsection (3) is a civil penalty order.

Determining pecuniary penalty

(5) In determining the pecuniary penalty, the court may take into

account all relevant matters, including:

(a) the nature and extent of the contravention; and

(b) the nature and extent of any loss or damage suffered because

of the contravention; and

(c) the circumstances in which the contravention took place; and

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Division 1 Civil penalty orders

Section 69EJA

88 Agricultural and Veterinary Chemicals (Administration) Act 1992

Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16

(d) whether the person has previously been found by a court to

have engaged in any similar conduct; and

(e) the extent to which the person has cooperated with the

authorities; and

(f) if the person is a body corporate:

(i) the level of the employees, officers or agents of the

body corporate involved in the contravention; and

(ii) whether the body corporate exercised due diligence to

avoid the contravention; and

(iii) whether the body corporate had a corporate culture

conducive to compliance.

69EJA Maximum penalties for contravention of civil penalty

provisions

Penalty for body corporate

(1) The pecuniary penalty for a contravention of a civil penalty

provision by a body corporate must not exceed 5 times the amount

of the maximum monetary penalty that could be imposed by a

court if the body corporate were convicted of an offence

constituted by conduct that is the same as the conduct constituting

the contravention.

Penalty for individuals

(2) The pecuniary penalty for a contravention of a civil penalty

provision by an individual must not exceed 3 times the amount of

the maximum monetary penalty that could be imposed by a court if

the person were convicted of an offence constituted by conduct that

is the same as the conduct constituting the contravention.

Penalty for contravention of subsection 69EJR(1)

(3) The pecuniary penalty for a contravention, by an executive officer

of a body corporate, of subsection 69EJR(1) in relation to the

contravention by the body corporate of a civil penalty provision

must not exceed 12% of the amount of the maximum monetary

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Civil penalty orders Division 1

Section 69EJB

Agricultural and Veterinary Chemicals (Administration) Act 1992 89

Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16

penalty that could be imposed on the body corporate for the

contravention.

69EJB Civil enforcement of penalty

(1) A pecuniary penalty is a debt payable to the Commonwealth.

(2) The Commonwealth may enforce a civil penalty order as if it were

an order made in civil proceedings against a person to recover a

debt due by the person. The debt arising from the order is taken to

be a judgement debt.

69EJC Conduct contravening more than one civil penalty provision

(1) If conduct constitutes a contravention of 2 or more civil penalty

provisions, proceedings may be instituted under this Division

against a person in relation to the contravention of any one or more

of those provisions.

(2) However, the person is not liable to more than one pecuniary

penalty under this Division in relation to the same conduct.

69EJD Multiple contraventions

(1) A court may make a single civil penalty order against a person for

multiple contraventions of a civil penalty provision if proceedings

for the contraventions are founded on the same facts, or if the

contraventions form, or are part of, a series of contraventions of the

same or a similar character.

Note: For continuing contraventions of civil penalty provisions, see

section 69EJL.

(2) However, the penalty must not exceed the sum of the maximum

penalties that could be ordered if a separate penalty were ordered

for each of the contraventions.

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Division 1 Civil penalty orders

Section 69EJE

90 Agricultural and Veterinary Chemicals (Administration) Act 1992

Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16

69EJE Proceedings may be heard together

A court may direct that 2 or more proceedings for civil penalty

orders be heard together.

69EJF Civil evidence and procedure rules for civil penalty orders

A court must apply the rules of evidence and procedure for civil

matters when hearing and determining an application for a civil

penalty order.

69EJG Contravening a civil penalty provision is not an offence

A contravention of a civil penalty provision is not an offence.

Subdivision B—Civil proceedings and criminal proceedings

69EJH Civil proceedings after criminal proceedings

A court may not make a civil penalty order against a person for a

contravention of a civil penalty provision if the person has been

convicted of an offence constituted by conduct that is the same, or

substantially the same, as the conduct constituting the

contravention.

69EJI Criminal proceedings during civil proceedings

(1) Proceedings for a civil penalty order against a person for a

contravention of a civil penalty provision are stayed if:

(a) criminal proceedings are commenced or have already been

commenced against the person for an offence; and

(b) the offence is constituted by conduct that is the same, or

substantially the same, as the conduct alleged to constitute

the contravention.

(2) The proceedings for the order (the civil proceedings) may be

resumed if the person is not convicted of the offence. Otherwise,

the civil proceedings are dismissed.

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Section 69EJJ

Agricultural and Veterinary Chemicals (Administration) Act 1992 91

Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16

69EJJ Criminal proceedings after civil proceedings

Criminal proceedings may be commenced against a person for

conduct that is the same, or substantially the same, as conduct that

would constitute a contravention of a civil penalty provision

regardless of whether a civil penalty order has been made against

the person in relation to the contravention.

69EJK Evidence given in civil proceedings not admissible in

criminal proceedings

(1) Evidence of information given, or evidence of production of

documents, by an individual is not admissible in criminal

proceedings against the individual for an offence if:

(a) the individual previously gave the evidence or produced the

documents in proceedings for a civil penalty order against the

individual for an alleged contravention of a civil penalty

provision (whether or not the order was made); and

(b) the conduct alleged to constitute the offence is the same, or

substantially the same, as the conduct alleged to constitute

the contravention.

(2) However, subsection (1) does not apply to criminal proceedings in

relation to the falsity of the evidence given by the individual in the

proceedings for the civil penalty order.

Subdivision C—Miscellaneous

69EJL Continuing contraventions of civil penalty provisions

(1) If an act or thing is required under a civil penalty provision to be

done:

(a) within a particular period; or

(b) before a particular time;

then the obligation to do that act or thing continues until the act or

thing is done (even if the period has expired or the time has

passed).

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Division 1 Civil penalty orders

Section 69EJM

92 Agricultural and Veterinary Chemicals (Administration) Act 1992

Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16

(2) A person who contravenes a civil penalty provision that requires an

act or thing to be done:

(a) within a particular period; or

(b) before a particular time;

commits a separate contravention of that provision in respect of

each day during which the contravention occurs (including the day

the relevant civil penalty order is made or any later day).

69EJM Ancillary contravention of civil penalty provisions

(1) A person must not:

(a) attempt to contravene a civil penalty provision; or

(b) aid, abet, counsel or procure a contravention of a civil

penalty provision; or

(c) induce (by threats, promises or otherwise) a contravention of

a civil penalty provision; or

(d) be in any way, directly or indirectly, knowingly concerned in,

or party to, a contravention of a civil penalty provision; or

(e) conspire with others to effect a contravention of a civil

penalty provision.

Civil penalty

(2) A person who contravenes subsection (1) in relation to a civil

penalty provision is taken to have contravened the provision.

Note: Section 69EJO (which provides that a person’s state of mind does not

need to be proven in relation to a civil penalty provision) does not

apply to the extent that proceedings relate to the contravention of

subsection (1).

69EJN Mistake of fact

(1) A person is not liable to have a civil penalty order made against the

person for a contravention of a civil penalty provision if:

(a) at or before the time of the conduct constituting the

contravention, the person:

(i) considered whether or not facts existed; and

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Section 69EJO

Agricultural and Veterinary Chemicals (Administration) Act 1992 93

Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16

(ii) was under a mistaken but reasonable belief about those

facts; and

(b) had those facts existed, the conduct would not have

constituted a contravention of the civil penalty provision.

(2) For the purposes of subsection (1), a person may be regarded as

having considered whether or not facts existed if:

(a) the person had considered, on a previous occasion, whether

those facts existed in the circumstances surrounding that

occasion; and

(b) the person honestly and reasonably believed that the

circumstances surrounding the present occasion were the

same, or substantially the same, as those surrounding the

previous occasion.

(3) A person who wishes to rely on subsection (1) or (2) in

proceedings for a civil penalty order bears an evidential burden in

relation to that matter.

69EJO State of mind

(1) In proceedings for a civil penalty order against a person for a

contravention of a civil penalty provision, it is not necessary to

prove:

(a) the person’s intention; or

(b) the person’s knowledge; or

(c) the person’s recklessness; or

(d) the person’s negligence; or

(e) any other state of mind of the person.

(2) Subsection (1) does not apply to the extent that the proceedings

relate to a contravention of subsection 69EJM(1) (which is about

ancillary contraventions of civil penalty provisions).

(3) Subsection (1) does not affect the operation of section 69EJN

(which is about mistake of fact).

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Division 1 Civil penalty orders

Section 69EJP

94 Agricultural and Veterinary Chemicals (Administration) Act 1992

Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16

(4) Subsection (1) does not apply to the extent that the civil penalty

provision, or a provision that relates to the civil penalty provision,

expressly provides otherwise.

69EJP Evidential burden for exceptions

In proceedings for a civil penalty order, a person who wishes to

rely on any exception, exemption, excuse, qualification or

justification in relation to a civil penalty provision bears an

evidential burden in relation to that matter.

69EJQ Liability of body corporate for actions by employees, agents

or officers

If an element of a civil penalty provision is done by an employee,

agent or officer of a body corporate acting within the actual or

apparent scope of his or her employment, or within his or her

actual or apparent authority, the element must also be attributed to

the body corporate.

69EJR Liability of executive officers

(1) An executive officer of a body corporate contravenes this

subsection if:

(a) the body corporate contravenes a civil penalty provision; and

(b) the officer knew that the contravention would occur; and

(c) the officer was in a position to influence the conduct of the

body in relation to the contravention; and

(d) the officer failed to take all reasonable steps to prevent the

contravention.

(2) Subsection (1) is a civil penalty provision.

Note: Subdivision A of this Division provides for pecuniary penalties for

contraventions of civil penalty provisions.

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Section 69EJS

Agricultural and Veterinary Chemicals (Administration) Act 1992 95

Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16

69EJS Establishing whether an executive officer took reasonable

steps to prevent the contravention of a civil penalty

provision

(1) For the purposes of section 69EJR, in determining whether an

executive officer of a body corporate failed to take all reasonable

steps to prevent the contravention of a civil penalty provision, a

court is to have regard to:

(a) what action (if any) the officer took towards ensuring that the

body’s employees, agents and contractors have a reasonable

knowledge and understanding of the requirements to comply

with this Act or the Collection Act, in so far as those

requirements affect the employees, agents or contractors

concerned; and

(b) what action (if any) the officer took when he or she became

aware that the body was contravening this Act or the

Collection Act.

(2) This section does not, by implication, limit the generality of

section 69EJR.

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Division 2 Infringement notices

Section 69EK

96 Agricultural and Veterinary Chemicals (Administration) Act 1992

Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16

Division 2—Infringement notices

69EK When an infringement notice may be given

(1) If an inspector has reasonable grounds to believe that a person has

contravened a prescribed civil penalty provision, the inspector may

give the person an infringement notice for the alleged

contravention.

(2) The infringement notice must be given within 12 months after the

day the contravention is alleged to have taken place.

(3) A single infringement notice must relate only to a single

contravention of a single prescribed civil penalty provision.

69EKA Matters to be included in an infringement notice

(1) An infringement notice must:

(a) be identified by a unique number; and

(b) state the day it is given; and

(c) state the name of the person to whom the notice is given; and

(d) state the name of the person who gave the notice; and

(e) give brief details of the alleged contravention, including:

(i) the provision that was allegedly contravened; and

(ii) the maximum penalty that a court could impose for the

contravention; and

(iii) the time (if known) and day of, and the place of, the

alleged contravention; and

(f) state the amount that is payable under the notice; and

(g) give an explanation of how payment of the amount is to be

made; and

(h) state that, if the person to whom the notice is given pays the

amount within 28 days after the day the notice is given, then

(unless the notice is withdrawn) proceedings seeking a civil

penalty order will not be brought in relation to the alleged

contravention; and

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Section 69EKB

Agricultural and Veterinary Chemicals (Administration) Act 1992 97

Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16

(i) state that payment of the amount is not an admission of

liability; and

(j) state that the person may apply to the APVMA to have the

period in which to pay the amount extended; and

(k) state that the person may choose not to pay the amount and,

if the person does so, proceedings seeking a civil penalty

order may be brought in relation to the alleged contravention;

and

(l) set out how the notice can be withdrawn; and

(m) state that if the notice is withdrawn proceedings seeking a

civil penalty order may be brought in relation to the alleged

contravention; and

(n) state that the person may make written representations to the

APVMA seeking the withdrawal of the notice.

(2) For the purposes of paragraph (1)(f), the amount to be stated in the

notice for the alleged contravention of the provision must not

exceed one-fifth of the maximum penalty that a court could impose

on the person for that contravention.

(3) The regulations may, subject to subsection (2), provide for a scale

of amounts that may apply for an alleged contravention.

69EKB Extension of time to pay amount

(1) A person to whom an infringement notice has been given may

apply to the APVMA for an extension of the period referred to in

paragraph 69EKA(1)(h).

(2) If the application is made before the end of that period, the

APVMA may, in writing, extend that period. The APVMA may do

so before or after the end of that period.

(3) If the APVMA extends that period, a reference in this Division to

the period referred to in paragraph 69EKA(1)(h) is taken to be a

reference to that period so extended.

(4) If the APVMA does not extend that period, a reference in this

Division to the period referred to in paragraph 69EKA(1)(h) is

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Section 69EKC

98 Agricultural and Veterinary Chemicals (Administration) Act 1992

Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16

taken to be a reference to the period that ends on the later of the

following days:

(a) the day that is the last day of the period referred to in

paragraph 69EKA(1)(h);

(b) the day that is 7 days after the day the person was given

notice of the APVMA’s decision not to extend.

(5) The APVMA may extend the period more than once under

subsection (2).

69EKC Withdrawal of an infringement notice

Representations seeking withdrawal of notice

(1) A person to whom an infringement notice has been given may

make written representations to the APVMA seeking the

withdrawal of the notice.

Withdrawal of notice

(2) The APVMA may withdraw an infringement notice given to a

person (whether or not the person has made written representations

seeking the withdrawal).

(3) When deciding whether or not to withdraw an infringement notice

(the relevant infringement notice), the APVMA:

(a) must take into account any written representations seeking

the withdrawal that were given by the person to the APVMA;

and

(b) may take into account the following:

(i) whether a court has previously imposed a penalty on the

person for a contravention of a prescribed civil penalty

provision if the contravention is constituted by conduct

that is the same, or substantially the same, as the

conduct alleged to constitute the contravention in the

relevant infringement notice;

(ii) the circumstances of the alleged contravention;

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Section 69EKD

Agricultural and Veterinary Chemicals (Administration) Act 1992 99

Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16

(iii) whether the person has paid an amount, stated in an

earlier infringement notice, for a contravention of a

prescribed civil penalty provision if the contravention is

constituted by conduct that is the same, or substantially

the same, as the conduct alleged to constitute the

contravention in the relevant infringement notice;

(iv) any other matter the APVMA considers relevant.

Notice of withdrawal

(4) Notice of the withdrawal of the infringement notice must be given

to the person. The withdrawal notice must state:

(a) the person’s name and address; and

(b) the day the infringement notice was given; and

(c) the identifying number of the infringement notice; and

(d) that the infringement notice is withdrawn; and

(e) that proceedings seeking a civil penalty order may be brought

in relation to the alleged contravention.

Refund of amount if infringement notice withdrawn

(5) If:

(a) the APVMA withdraws the infringement notice; and

(b) the person has already paid the amount stated in the notice;

the Commonwealth must refund to the person an amount equal to

the amount paid.

69EKD Effect of payment of amount

(1) If the person to whom an infringement notice for an alleged

contravention of a provision is given pays the amount stated in the

notice before the end of the period referred to in

paragraph 69EKA(1)(h):

(a) any liability of the person for the alleged contravention is

discharged; and

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Division 2 Infringement notices

Section 69EKE

100 Agricultural and Veterinary Chemicals (Administration) Act 1992

Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16

(b) proceedings seeking a civil penalty order may not be brought

against the person in relation to the alleged contravention;

and

(c) the person is not regarded as having admitted liability for the

alleged contravention.

(2) Subsection (1) does not apply if the notice has been withdrawn.

69EKE Effect of this Division

This Division does not:

(a) require an infringement notice to be given to a person for an

alleged contravention of a prescribed civil penalty provision;

or

(b) affect the liability of a person for an alleged contravention of

a prescribed civil penalty provision if:

(i) the person does not comply with an infringement notice

given to the person for the contravention; or

(ii) an infringement notice is not given to the person for the

contravention; or

(iii) an infringement notice is given to the person for the

contravention and is subsequently withdrawn; or

(c) prevent the giving of 2 or more infringement notices to a

person for an alleged contravention of a prescribed civil

penalty provision; or

(d) limit a court’s discretion to determine the amount of a

penalty to be imposed on a person who is found to have

contravened a prescribed civil penalty provision.

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Enforceable undertakings Division 3

Section 69EL

Agricultural and Veterinary Chemicals (Administration) Act 1992 101

Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16

Division 3—Enforceable undertakings

69EL Acceptance of undertakings

(1) The APVMA may accept any of the following undertakings:

(a) a written undertaking given by a person that the person will,

in order to comply with a provision of this Act or the

Collection Act, take specified action;

(b) a written undertaking given by a person that the person will,

in order to comply with a provision of this Act or the

Collection Act, refrain from taking specified action;

(c) a written undertaking given by a person that the person will

take specified action directed towards ensuring one or more

of the following:

(i) that the person does not commit an offence against this

Act or the Collection Act;

(ii) that the person does not contravene a civil penalty

provision;

(iii) that the person is unlikely to commit an offence against

this Act or the Collection Act, or to contravene a civil

penalty provision, in the future.

(2) The undertaking must be expressed to be an undertaking under this

section.

(3) The person may withdraw or vary the undertaking at any time, but

only with the written consent of the APVMA.

(4) The APVMA’s consent is not a legislative instrument.

(5) The APVMA may, by written notice given to the person, cancel

the undertaking.

(6) The APVMA must publish the undertaking on the APVMA’s

website.

(7) However, the APVMA is not required to publish so much of the

undertaking that the APVMA is satisfied:

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Division 3 Enforceable undertakings

Section 69ELA

102 Agricultural and Veterinary Chemicals (Administration) Act 1992

Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16

(a) is confidential commercial information; or

(b) is personal information (within the meaning of the Privacy

Act 1988); or

(c) should not be disclosed because it would be against the

public interest to do so.

69ELA Enforcement of undertakings

(1) If:

(a) a person has given an undertaking under section 69EL; and

(b) the undertaking has not been withdrawn or cancelled; and

(c) the APVMA considers that the person has breached the

undertaking;

the APVMA may, on behalf of the Commonwealth, apply to a

court of competent jurisdiction for an order under subsection (2).

(2) If the court is satisfied that the person has breached the

undertaking, the court may make any or all of the following orders:

(a) an order directing the person to comply with the undertaking;

(b) an order directing the person to pay to the Commonwealth an

amount up to the amount of any financial benefit that the

person has obtained directly or indirectly and that is

reasonably attributable to the breach;

(c) any order that the court considers appropriate directing the

person to compensate any other person who has suffered loss

or damage as a result of the breach;

(d) any other order that the court considers appropriate.

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Injunctions Division 4

Section 69EM

Agricultural and Veterinary Chemicals (Administration) Act 1992 103

Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16

Division 4—Injunctions

69EM Grant of injunctions

Restraining injunctions

(1) If a person has engaged, is engaging or is proposing to engage, in

conduct that constitutes an offence against this Act or the

Collection Act or a contravention of a civil penalty provision, a

court of competent jurisdiction may, on application by any person,

grant an injunction:

(a) restraining the first-mentioned person from engaging in the

conduct; and

(b) if, in the court’s opinion, it is desirable to do so—requiring

the first-mentioned person to do a thing.

Performance injunctions

(2) If:

(a) a person has refused or failed, or is refusing or failing, or is

proposing to refuse or fail, to do a thing; and

(b) the refusal or failure was, is or would be, an offence against

this Act or the Collection Act or a contravention of a civil

penalty provision;

the court may, on application by any person, grant an injunction

requiring the first-mentioned person to do that thing.

Grant of interim injunctions

(3) Before deciding an application for an injunction under this section,

the court may grant an interim injunction:

(a) restraining a person from engaging in conduct; or

(b) requiring a person to do a thing.

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Division 4 Injunctions

Section 69EMA

104 Agricultural and Veterinary Chemicals (Administration) Act 1992

Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16

69EMA Discharging or varying injunctions

A court may discharge or vary an injunction granted by that court

under this Division.

69EMB Certain limits on granting injunctions not to apply

Restraining injunctions

(1) The power of a court under this Division to grant an injunction

restraining a person from engaging in conduct may be exercised:

(a) whether or not it appears to the court that the person intends

to engage again, or to continue to engage, in conduct of that

kind; and

(b) whether or not the person has previously engaged in conduct

of that kind; and

(c) whether or not the conduct involves a serious and immediate

risk of:

(i) an effect that is harmful to human beings; or

(ii) an unintended effect that is harmful to animals, plants or

things, or to the environment.

Performance injunctions

(2) The power of a court under this Division to grant an injunction

requiring a person to do a thing may be exercised:

(a) whether or not it appears to the court that the person intends

to refuse or fail again, or to continue to refuse or fail, to do

that thing; and

(b) whether or not the person has previously refused or failed to

do that thing; and

(c) whether or not the conduct involves a serious and immediate

risk of:

(i) an effect that is harmful to human beings; or

(ii) an unintended effect that is harmful to animals, plants or

things, or to the environment.

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Injunctions Division 4

Section 69EMC

Agricultural and Veterinary Chemicals (Administration) Act 1992 105

Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16

69EMC Other powers of a court unaffected

The powers conferred on a court under this Division are in addition

to, and not instead of, any other powers of the court, whether

conferred by this Act or otherwise.

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Division 5 Substantiation notices

Section 69EN

106 Agricultural and Veterinary Chemicals (Administration) Act 1992

Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16

Division 5—Substantiation notices

69EN APVMA may require claims to be substantiated etc.

(1) This section applies if a person has made a claim or representation

in relation to:

(a) the import, or possible import, of a chemical product by the

person or another person; or

(b) the export of a chemical product by the person or another

person.

(2) The APVMA may give the person who made the claim or

representation a written notice that requires the person to do either

or both of the following:

(a) give information or produce documents to the APVMA that

could be capable of substantiating or supporting the claim or

representation;

(b) give information or produce documents to the APVMA that

are of a kind specified in the notice;

within 21 days after the notice is given to the person who made the

claim or representation.

(3) Any kind of information or documents that the APVMA specifies

under paragraph (2)(b) must be a kind that the APVMA is satisfied

is relevant to substantiating or supporting the claim or

representation.

(4) The notice must:

(a) name the person to whom it is given; and

(b) specify the claim or representation to which it relates; and

(c) explain the effect of sections 69ENA and 69ENB.

(5) The notice may relate to more than one claim or representation that

the person has made.

(6) This section does not apply to a person who made the claim or

representation if the person:

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Substantiation notices Division 5

Section 69ENA

Agricultural and Veterinary Chemicals (Administration) Act 1992 107

Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16

(a) made the claim or representation by publishing it on behalf of

another person in the course of carrying on a business of

providing information; and

(b) does not have a commercial relationship with the other

person other than for the purpose of:

(i) publishing claims or representations promoting, or

apparently intended to promote, the other person’s

business or other activities; or

(ii) the other person supplying goods or services.

69ENA Compliance with substantiation notices

(1) A person given a substantiation notice under section 69EN must

comply with the notice:

(a) within the period specified in the notice; or

(b) within such further time as the APVMA allows under

subsection (3).

(2) A person given a substantiation notice under section 69EN may

apply to the APVMA for further time to comply with the notice.

An application must be in writing and made within 21 days after

the notice is given to the person.

(3) The APVMA may, by written notice given to the person, extend

the period within which the person must comply with the notice.

(4) Despite subsection (1), an individual may refuse or fail to give

particular information or produce a particular document in

compliance with a substantiation notice on the ground that the

information, or production of the document, might tend to

incriminate the individual or to expose the individual to a penalty.

69ENB Failure to comply with substantiation notice

(1) A person contravenes this section if:

(a) the person is given a notice under section 69EN; and

(b) the person fails to comply with the notice:

(i) within the period specified in the notice; or

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Division 5 Substantiation notices

Section 69ENB

108 Agricultural and Veterinary Chemicals (Administration) Act 1992

Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16

(ii) if the APVMA has allowed the person further time

under subsection 69ENA(3)—within such further time.

(2) Subsection (1) does not apply if:

(a) the person is an individual; and

(b) the person refuses or fails to give particular information or

produce a particular document in compliance with a

substantiation notice; and

(c) the information, or production of the document, might tend to

incriminate the individual or to expose the individual to a

penalty.

(3) A person commits an offence if the person contravenes

subsection (1).

Penalty: 50 penalty units.

Note: A defendant bears an evidential burden in relation to the matter in

subsection (2). See subsection 13.3(3) of the Criminal Code.

(4) Subsection (1) is a civil penalty provision.

Note 1: Division 1 of this Part provides for pecuniary penalties for

contraventions of civil penalty provisions.

Note 2: For the evidential burden in civil penalty proceedings in relation to the

matter in subsection (2), see section 69EJP.

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Formal warnings Division 6

Section 69EO

Agricultural and Veterinary Chemicals (Administration) Act 1992 109

Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16

Division 6—Formal warnings

69EO APVMA may issue a formal warning

(1) The APVMA may, by written notice, issue a formal warning to a

person if the APVMA has reasonable grounds to suspect that the

person may have contravened this Act or the Collection Act.

(2) A formal warning under subsection (1) is not a legislative

instrument.

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Section 69EP

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Division 7—Miscellaneous

69EP Hearings

(1) The APVMA may hold hearings for the purposes of the

performance or exercise of any of its functions or powers.

(2) Before holding a hearing, the APVMA must cause to be published

in the Gazette, and in any other manner that it thinks appropriate, a

notice setting out the place and time for the hearing.

(3) Subject to subsection (4), a hearing is to be held in public.

(4) The APVMA, having regard to the confidential nature of any

submissions or evidence or for any other reason, may direct that a

part of a hearing be in private and may determine who may be

present.

(5) The APVMA may give directions prohibiting or restricting the

publication of submissions or evidence given at a hearing, whether

in public or in private, or of matters contained in such submissions

or evidence or in documents produced at such a hearing.

(6) A person must not contravene a direction given under

subsection (5).

Penalty: 50 penalty units.

(6A) Subsection (6) does not apply if the person has a reasonable

excuse.

Note: The defendant bears an evidential burden in relation to the matter in

subsection (6A). See subsection 13.3(3) of the Criminal Code.

(6B) An offence under subsection (6) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

(7) If the APVMA directs that a part of a hearing be in private, a

person must not be present at that part of the hearing unless he or

she:

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(a) is a Board member, or the Chief Executive Officer, of the

APVMA; or

(b) is a member of the staff of the APVMA that the APVMA has

authorised to be present; or

(c) is entitled to be present because of a determination under

subsection (4).

Penalty: 50 penalty units.

(7A) Subsection (7) does not apply if the person has a reasonable

excuse.

Note: The defendant bears an evidential burden in relation to the matter in

subsection (7A). See subsection 13.3(3) of the Criminal Code.

(8) At a hearing the APVMA may receive submissions or evidence, in

a form determined by it, from persons who, in its opinion, are

likely to be able to help it in the performance or exercise of the

functions or powers to which the hearing relates.

(9) A hearing is to be conducted with as little formality and

technicality as is practicable and the APVMA is not bound by the

rules of evidence.

69EQ Self-incrimination to be a reasonable excuse for

non-compliance with requirement

It is a reasonable excuse for a person to refuse or fail to give

information, produce a document or do any other thing that the

person is required to do by or under Part 7A, 7AA or this Part that

the information, the production of the document or the doing of

that other thing would tend to incriminate the person.

69ER False or misleading information or document

(1) A person commits an offence if, for the purposes of, or in

connection with, the making of a decision by the APVMA as to

whether it should give a consent under section 69B, the person:

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(a) gives information (whether orally or in writing) that the

person knows to be false or misleading in a material

particular; or

(b) produces a document that the person knows to be false or

misleading in a material particular without:

(i) indicating to the person to whom the document is

produced that it is false or misleading and the respect in

which it is false or misleading; and

(ii) providing correct information to that person if the

person producing the document is in possession of, or

can reasonably acquire, the correct information.

Penalty: 300 penalty units.

(2) A person commits an offence if, in compliance or purported

compliance with a requirement made by an inspector under

Part 7A, Part 7AA or this Part or for the purposes of, or in

connection with, any provision of Part 7A (other than section 69B),

Part 7AA or this Part, the person:

(a) gives information (whether orally or in writing) that the

person knows to be false or misleading in a material

particular; or

(b) produces a document that the person knows to be false or

misleading in a material particular without:

(i) indicating to the person to whom the document is

produced that it is false or misleading and the respect in

which it is false or misleading; and

(ii) providing correct information to that person if the

person producing the document is in possession of, or

can reasonably acquire, the correct information.

Penalty: 60 penalty units.

69ES Evidential certificates

(1) This section has effect for the purposes of any proceeding before a

court or tribunal or an authority or person having power to require

the production of documents or the answering of questions, other

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Section 69ET

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than a proceeding for an offence that is directly punishable by

imprisonment.

(2) A certificate that states a matter referred to in subsection (3) is

prima facie evidence of that matter if it is signed by the Chief

Executive Officer of the APVMA, or by a member of the staff of

the APVMA whom the APVMA has authorised to give certificates

under this section.

(3) The matters that may be stated in a certificate referred to in

subsection (2) are as follows:

(a) that a substance referred to in the certificate was, or was not,

at a particular time, or during a particular period, an active

constituent, or an approved active constituent, for a proposed

or existing chemical product;

(b) that a chemical product referred to in the certificate was, or

was not, at a particular time, or during a particular period, a

chemical product or a registered chemical product;

(c) that a person named in the certificate was an inspector at a

particular time or during a particular period;

(d) that a notice, direction or requirement referred to in the

certificate was given at a particular time to a particular

person under this Part;

(e) any matter that could be stated in a certificate given under

section 149 of any of the Agvet Codes.

(4) Unless the contrary is proved, a document purporting to be a

certificate referred to in subsection (2) is taken to be such a

certificate and to have been duly given.

69ET Forfeiture

(1) If a person is convicted of an offence against Part 7A, 7AA or this

Part in respect of a thing that the court finds to be the property of

that person, the court may order all or any part of the thing to be

forfeited to the APVMA.

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Section 69EU

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(2) If the court makes an order under subsection (1) in respect of, or in

respect of part of, a thing, the thing, or that part of the thing, as the

case may be, becomes the property of the APVMA and may be

dealt with or disposed of in any manner that the APVMA considers

appropriate.

69EU Conduct by directors, employees and agents

(1) Subject to subsection (2), in proceedings against a body corporate

for an offence against Part 7A, 7AA or this Part:

(a) any conduct engaged in by a director, employee or agent of

the body corporate within the actual or apparent scope of his

or her employment or within his or her actual or apparent

authority is taken to have been engaged in also by the body

corporate; and

(b) it is taken to be established that conduct (the relevant

conduct) was engaged in by the body corporate intentionally,

knowingly or recklessly if it is proved:

(i) that the directors of the body corporate intentionally,

knowingly or recklessly engaged in the relevant conduct

or expressly, tacitly or impliedly authorised or permitted

the relevant conduct to be engaged in; or

(ii) that an employee or agent of the body corporate with

duties of such responsibility that his or her conduct may

fairly be assumed to represent the policy of the body

corporate intentionally, knowingly or recklessly

engaged in the relevant conduct or expressly, tacitly or

impliedly authorised or permitted the relevant conduct

to be engaged in.

(2) Subparagraph (1)(b)(ii) does not apply if the body corporate proves

that it exercised due diligence to prevent the relevant conduct.

(3) Subject to subsection (4), in proceedings against an individual for

an offence against Part 7A, 7AA or this Part:

(a) any conduct engaged in by an employee or agent of the

individual within the actual or apparent scope of his or her

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employment or within his or her actual or apparent authority

is taken to have been engaged in also by the individual; and

(b) it is taken to be established that conduct (the relevant

conduct) was engaged in by the individual intentionally,

knowingly or recklessly if it is proved that an employee or

agent of the individual with duties of such responsibility that

his or her conduct may fairly be assumed to represent the

policy of the individual intentionally, knowingly or

recklessly engaged in the relevant conduct or expressly,

tacitly or impliedly authorised or permitted the relevant

conduct to be engaged in.

(4) Paragraph (3)(b) does not apply if the individual proves that he or

she exercised due diligence to prevent the relevant conduct.

(5) If:

(a) an individual is convicted of an offence against Part 7A, 7AA

or this Part; and

(b) the individual would not have been convicted of that offence

if subsections (3) and (4) had not been enacted;

the individual is not liable to be punished by imprisonment for that

offence.

(6) A reference in this section to engaging in conduct includes a

reference to failing or refusing to engage in conduct.

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Part 7B Modification of the Agvet Codes for the purpose of giving effect to paragraph

3 of Article 39 of the TRIPS Agreement

Section 69EV

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Part 7B—Modification of the Agvet Codes for the

purpose of giving effect to paragraph 3 of

Article 39 of the TRIPS Agreement

69EV Definitions

(1) In this Part:

current application has the meaning given by section 69EX.

information includes, but is not limited to, information obtained

from trials or laboratory experiments.

previous application has the meaning given by section 69EX.

relevant information has the meaning given by section 69EX.

(2) Expressions used in this Part that are defined or otherwise used in

the Code set out in the Schedule to the Agricultural and Veterinary

Chemicals Code Act 1994 have the same meanings as in that Code.

69EW Modification of Agvet Codes

(1) This Part modifies the Agvet Codes for the purpose of giving effect

to Australia’s obligations under paragraph 3 of Article 39 of the

Agreement on Trade-Related Aspects of Intellectual Property

Rights set out in Annex 1C to the Marrakesh Agreement

establishing the World Trade Organization, done at Marrakesh on

15 April 1994.

Note: The English text of the Marrakesh Agreement establishing the World

Trade Organization is set out in Australian Treaty Series 1995 No. 8.

(2) The Agvet Codes have effect subject to this Part.

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Section 69EX

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69EX Application of Part

This Part applies to an application (the current application) made

to the APVMA after the commencement of this Part for approval

of an active constituent for a proposed or existing chemical product

where:

(a) the APVMA cannot grant the application without using

information (the relevant information) given to the APVMA

in connection with a previous application (the previous

application) made to the APVMA (other than a previous

application made before the commencement of this Part or

after the commencement of Division 4A of Part 2 of the

Code set out in the Schedule to the Agricultural and

Veterinary Chemicals Code Act 1994) for approval of an

active constituent for a proposed or existing chemical

product; and

(b) the relevant information has not been made publicly available

in Australia; and

(c) at the time immediately before the previous application was

made, no application had been made to the APVMA for

approval of the active constituent to which that application

related.

69EY APVMA not to grant current application except in certain

circumstances

The APVMA must not grant the current application unless:

(a) the person who made that application:

(i) has given to the APVMA information that makes it

unnecessary for the APVMA to use the relevant

information in connection with that application; or

(ii) has given to the APVMA evidence that satisfies the

APVMA that the person who made the previous

application has consented to the APVMA using the

relevant information in connection with the current

application; or

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Section 69EZ

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(b) at least 5 years have elapsed since the previous application

was determined by the APVMA or was withdrawn, as the

case may be.

69EZ Approval given in contravention of section 69EY is not invalid

but is to be cancelled

(1) If:

(a) the APVMA approves an active constituent for a proposed or

existing chemical product; and

(b) the APVMA was prohibited by section 69EY from giving the

approval;

the approval is not invalid.

(2) However, the APVMA must cancel the approval when it finds out

that the giving of the approval was prohibited by section 69EY.

69EZA Power of APVMA to grant multiple approvals to be subject

to section 69EY

The power of the APVMA under subsection 16(1) of the Agvet

Codes to approve the same active constituent for a proposed or

existing chemical product on applications made by different

persons is subject to section 69EY.

69EZB Power of APVMA to use information obtained by it for

other purposes not to be affected

Except as provided by section 69EY, the power of the APVMA

under subsection 6C(1) of the Agvet Codes to use information

obtained by it from any source for the purpose of performing any

of its functions or exercising any of its powers under those Codes

is not affected.

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Section 69F

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Part 8—Miscellaneous

69F Appointment of inspectors

(1) The APVMA may, by writing, appoint members of its staff,

persons engaged under the Public Service Act 1999, or other

persons having appropriate qualifications, to be inspectors for the

purposes of a relevant law referred to in the document of

appointment.

(2) If:

(a) a Department of State of a State; or

(b) a Department or administrative unit of the Public Service of a

participating Territory; or

(c) an authority of a State or of a participating Territory;

has functions relating to agricultural or veterinary chemicals, the

Chief Executive Officer may, by signed writing, authorise officers

of the Department, administrative unit or authority to exercise the

powers and perform the functions of inspectors for the purposes of

a relevant law.

(3) An inspector is a Commonwealth officer for the purposes of

section 70 of the Crimes Act 1914.

(4) The APVMA must cause to be issued to each person who is an

inspector for the purposes of a relevant law an identity card which

states the name of the person and the fact that the person is an

inspector for the purposes of that law and to which is attached a

photograph of the person taken within the 3 years before the

identity card is issued.

(5) A person must, within 14 days of ceasing to be an inspector, return

to the APVMA the identity card issued to him or her under this

section.

Penalty: One penalty unit.

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Section 69G

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(5A) Subsection (5) does not apply if the person has a reasonable

excuse.

Note: The defendant bears an evidential burden in relation to the matter in

subsection (5A). See subsection 13.3(3) of the Criminal Code.

(5B) An offence under subsection (5) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

(6) In this section:

relevant law means:

(a) this Act; or

(b) the Agvet Codes; or

(c) any other Act providing for the collection of a levy imposed

in respect of the disposal of chemical products.

69G Approval of analysts

(1) The APVMA may, by writing, appoint persons whom it considers

to have appropriate qualifications and experience to be approved

analysts for the purposes of the Agvet Codes.

(2) The APVMA must cause the name, and the address of the place of

business, of each approved analyst to be published in the Gazette.

69H Exemptions from liability for damages

(1) Subject to subsection (3), no action, suit or other proceeding for

damages lies against the Commonwealth, the APVMA, or any

other Commonwealth authority, or a person who is or has been an

officer or employee of the Commonwealth, of the APVMA or of

any other Commonwealth authority, or is or has been a delegate of

the APVMA, a director of the APVMA, a consultant to the

APVMA, an inspector, or a mediator or arbitrator appointed by the

APVMA under any of the Agvet Codes, for any loss or injury

directly or indirectly suffered as a result of:

(a) the handling of an approved active constituent for a proposed

or existing chemical product; or

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(b) the handling of a registered chemical product or a reserved

chemical product; or

(c) the handling of an active constituent for a proposed or

existing chemical product, or of a chemical product, in

respect of which a permit or exemption has been issued or

given by the APVMA; or

(d) an inability to use, or to use in a particular manner, an active

constituent for a proposed or existing chemical product:

(i) because an approval, permit or exemption permitting its

use, or permitting its use in that manner, has been

refused by the APVMA or such an approval, permit or

exemption that was previously granted by the APVMA

has been suspended or cancelled; or

(ii) because its use, or its use in that manner, is precluded

by the conditions of an approval, permit or exemption;

or

(e) an inability to use, or to use in a particular manner, a

chemical product:

(i) because a registration, permit or exemption permitting

its use, or permitting its use in that manner, has been

refused by the APVMA or such a registration, permit or

exemption that was previously granted by the APVMA

has been suspended or cancelled; or

(ii) because its use, or its use in that manner, is precluded

by the conditions of a registration, permit or exemption;

or

(f) the carrying out of a step in the manufacture of a chemical

product in respect of which a licence has been issued by the

APVMA; or

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(g) an inability to carry out, or to carry out in a particular manner

or at particular premises, a step in the manufacture of a

chemical product:

(i) because a licence to carry out that step, or to carry out

that step in that manner or at those premises, has been

refused by the APVMA or such a licence that was

previously granted by the APVMA has been suspended

or cancelled; or

(ii) because the carrying out of that step, or the carrying out

of that step in that manner or at those premises, is

precluded by the conditions of a licence.

(2) If an action, suit or other proceeding is brought against a person

responsible for the importation, manufacture, supply or handling

of:

(a) an approved active constituent for a proposed or existing

chemical product; or

(b) a registered chemical product; or

(c) an active constituent for a proposed or existing chemical

product, or a chemical product, in respect of which the

APVMA has issued a permit or given an exemption; or

(d) a chemical product in respect of a step in the manufacture of

which the APVMA has issued a licence;

in relation to any loss or injury directly or indirectly suffered

because of the importation, manufacture, supply or handling of the

constituent or product, it is not a defence to that action, suit or

other proceeding that the APVMA had approved the constituent,

registered the product, issued a permit or given an exemption in

relation to the constituent or the product, or issued a licence in

relation to a step in the manufacture of the product.

(3) This section does not affect section 148 of Schedule 2 to the

Competition and Consumer Act 2010, as that section applies as a

law of the Commonwealth.

(4) Expressions used in this section have the same meanings as in the

Code set out in the Schedule to the Agricultural and Veterinary

Chemicals Code Act 1994.

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69HA Protection of inspectors etc.

An inspector, a person assisting an inspector, or other member of

the staff of the APVMA, is not liable to any proceedings relating to

an act done, or omitted to be done, in good faith in the performance

or purported performance of a function, or in the exercise or

purported exercise of a power, conferred on the inspector, person

or member by this Act or the Code set out in the Schedule to the

Agricultural and Veterinary Chemicals Code Act 1994.

69J Documents or substances held by APVMA at commencement of

Agvet Codes

Any documents or substances that were in the possession or

custody of the APVMA under the Agricultural and Veterinary

Chemicals Act 1988 immediately before the repeal of that Act are

taken to be in the possession or custody of the APVMA under the

Agvet Codes.

70 Acts done by APVMA

(1) A certificate that:

(a) purports to be signed by:

(ii) the Chief Executive Officer; or

(iii) another person authorised by the APVMA to sign

certificates for the purposes of this subsection; and

(b) states any of the following:

(i) that the APVMA has done any act or thing or formed

any opinion;

(ii) that a substance referred to in a certificate was, or was

not, at a particular time, or during a particular period, an

active constituent, or an approved active constituent, for

a proposed or existing chemical product;

(iii) that a chemical product referred to in the certificate was,

or was not, at a particular time, or during a particular

period, a chemical product, a registered chemical

product or a reserved chemical product;

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is, upon mere production, receivable as prima facie evidence of the

matters stated in the certificate.

(2) A certificate that:

(a) purports to be signed by the Chief Executive Officer; and

(b) states that a named person is authorised by the APVMA to

sign certificates for the purposes of subsection (1);

is, upon mere production, receivable as prima facie evidence that

the person is so authorised.

71 Delegation by Minister

(1) The Minister may, by signed writing, delegate to an officer of, or

person employed in, the Department all or any of:

(a) the powers conferred on the Minister under this Act, the

Agricultural and Veterinary Chemicals Act 1994, the

Agricultural and Veterinary Chemicals Code Act 1994 or the

Agvet Codes or the Agvet Regulations; or

(b) the powers expressed to be conferred on the Minister under a

law of a State relating to agricultural or veterinary chemicals.

(2) A delegate of the Minister is, in the exercise of the delegate’s

delegated powers, subject to the Minister’s directions.

72 Review of Agvet Scheme every 10 years

(1) The Minister must ensure that, at least every 10 years, there is a

review of the operation of the following Acts, and any instruments

made under those Acts:

(a) the Agricultural and Veterinary Chemical Products

(Collection of Levy) Act 1994;

(b) the Agricultural and Veterinary Chemical Products Levy

Imposition (Customs) Act 1994;

(c) the Agricultural and Veterinary Chemical Products Levy

Imposition (Excise) Act 1994;

(d) the Agricultural and Veterinary Chemical Products Levy

Imposition (General) Act 1994;

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(e) the Agricultural and Veterinary Chemicals Act 1994;

(f) the Agricultural and Veterinary Chemicals (Administration)

Act 1992;

(g) the Agricultural and Veterinary Chemicals Code Act 1994.

(2) The Minister may include any related matter in the review.

(3) At least one of the persons conducting the review must not be

otherwise appointed, employed or engaged by the Commonwealth.

(4) The review must include a request for, and consideration of,

submissions from members of the public.

(5) The Minister must cause a written report of the review to be laid

before each House of the Parliament within 15 sitting days of the

House after:

(a) for the first review under this section—the tenth anniversary

of the commencement of this section; and

(b) for later reviews—the tenth anniversary of the day on which

the written report of the immediately preceding review was

laid before each House of the Parliament.

73 Regulations

The Governor-General may make regulations prescribing all

matters:

(a) required or permitted by this Act to be prescribed; or

(b) necessary or convenient to be prescribed for carrying out or

giving effect to this Act.

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Section 74

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Part 9—Transitional provisions

74 Staff

(1) A person who:

(a) immediately before the commencement of this Act was an

officer or temporary employee under the Public Service Act

1922; and

(b) from and including that commencement is employed by the

APVMA;

is taken, subject to any determination or determinations made by

the APVMA under subsection 45(2), to be engaged on the same

terms and conditions, and to be subject to the same industrial

award, as in force from time to time, as applied to the person

immediately before that commencement.

(2) Before making a determination under subsection 45(2) affecting

persons mentioned in subsection (1) of this section, the APVMA

must consult fully with organisations representing such persons for

industrial relations purposes.

75 Transfers of certain assets to APVMA

(1) The Minister may cause to be transfered to the APVMA any assets

held by the Commonwealth that the Minister considers appropriate

to be transferred to the APVMA for the performance of its

functions and the exercise of its powers.

(2) Subsection (1) does not prevent the Commonwealth from

transferring any asset to the APVMA otherwise than under that

subsection.

(3) If, immediately before the transfer:

(a) a right of the Commonwealth arising out of a debt, liability or

obligation of any other person in favour of the

Commonwealth existed in respect of the assets; or

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(b) a debt, liability or obligation of the Commonwealth existed in

respect of the assets;

the right, debt, liability or obligation, as the case may be, of the

Commonwealth is, by force of this section, transferred to the

APVMA.

(4) If, immediately before the transfer:

(a) proceedings by the Commonwealth were pending in a court;

and

(b) the proceedings related to such a debt, liability or obligation;

then, to the extent that the proceedings so relate, they may be

continued by the APVMA and the APVMA is to be substituted for

the Commonwealth.

76 Agreements etc.—Minister may make arrangements

The Minister may, by signed writing, declare that a specified

agreement or a specified instrument:

(a) to which the Commonwealth or the Commonwealth

Government is a party; and

(b) that immediately before the commencement of this Act

related to chemical products;

has effect, after that commencement, as if:

(c) the APVMA were substituted for the Commonwealth or the

Commonwealth Government, as the case may be, as a party

to the agreement or instrument; and

(d) any reference in the agreement or instrument to the

Commonwealth or the Commonwealth Government were

(except in relation to matters that occurred before that

commencement) a reference to the APVMA;

and, if the Minister makes such a declaration, it has effect

accordingly.

78 Money paid in advance to Commonwealth

If:

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Part 9 Transitional provisions

Section 79

128 Agricultural and Veterinary Chemicals (Administration) Act 1992

Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16

(a) a function of the APVMA was formerly performed by the

Department; and

(b) an amount received by the Commonwealth is or includes an

amount paid in advance on account of anything to be done by

the Commonwealth under that function; and

(c) that thing was not done by the Commonwealth before the

commencement of this Act;

there is payable to the APVMA by the Commonwealth an amount

that the Minister, having regard to all matters that he or she

considers relevant, determines in writing as being payable because

of the receipt of the first-mentioned amount.

79 Rights in respect of services and facilities formerly provided by

Department

(1) If, immediately before the commencement of this Act:

(a) a function of the APVMA was being performed by the

Department; and

(b) a right of the Commonwealth existed, arising out of a debt,

liability or obligation of any other person in favour of the

Commonwealth in respect of a service or facility provided by

the Department in the performance of that function;

the right of the Commonwealth is transferred to the APVMA, by

force of this section, to the extent determined in writing by the

Minister and the Minister for Finance.

(2) If, immediately before the commencement of this Act:

(a) proceedings by the Commonwealth were pending in a court;

and

(b) the proceedings related to such a debt, liability or obligation;

then, to the extent to which the proceedings so relate, they may be

continued by the APVMA and the APVMA is to be substituted for

the Commonwealth.

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Transitional provisions Part 9

Section 80

Agricultural and Veterinary Chemicals (Administration) Act 1992 129

Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16

(3) In subsection (1):

liability includes liability to pay a fee under the Agricultural and

Veterinary Chemicals Act 1988, whether or not an invoice was

issued, or a demand made, in respect of the fee before the

commencement of this Act.

80 Delegations

A delegation made by the Australian Agricultural and Veterinary

Chemicals Council to a person of all or any of its powers or

functions under the Agricultural and Veterinary Chemicals Act

1988 that was in force immediately before the commencement of

this Act is taken to be a delegation duly made by the APVMA to

that person under section 11 of this Act of the corresponding

powers or functions of the APVMA.

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Endnotes

Endnote 1—About the endnotes

130 Agricultural and Veterinary Chemicals (Administration) Act 1992

Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that

has amended (or will amend) the compiled law. The information includes

commencement details for amending laws and details of any application, saving

or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at

the provision (generally section or equivalent) level. It also includes information

about any provision of the compiled law that has been repealed in accordance

with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make

editorial and presentational changes to a compiled law in preparing a

compilation of the law for registration. The changes must not change the effect

of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief

outline of the changes in general terms. Full details of any changes can be

obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe

the amendment to be made. If, despite the misdescription, the amendment can

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Endnotes

Endnote 1—About the endnotes

Agricultural and Veterinary Chemicals (Administration) Act 1992 131

Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16

be given effect as intended, the amendment is incorporated into the compiled

law and the abbreviation “(md)” added to the details of the amendment included

in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the

abbreviation “(md not incorp)” is added to the details of the amendment

included in the amendment history.

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Endnotes

Endnote 2—Abbreviation key

132 Agricultural and Veterinary Chemicals (Administration) Act 1992

Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16

Endnote 2—Abbreviation key

ad = added or inserted o = order(s)

am = amended Ord = Ordinance

amdt = amendment orig = original

c = clause(s) par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x /sub-subparagraph(s)

Ch = Chapter(s) pres = present

def = definition(s) prev = previous

Dict = Dictionary (prev…) = previously

disallowed = disallowed by Parliament Pt = Part(s)

Div = Division(s) r = regulation(s)/rule(s)

ed = editorial change reloc = relocated

exp = expires/expired or ceases/ceased to have renum = renumbered

effect rep = repealed

F = Federal Register of Legislation rs = repealed and substituted

gaz = gazette s = section(s)/subsection(s)

LA = Legislation Act 2003 Sch = Schedule(s)

LIA = Legislative Instruments Act 2003 Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given SLI = Select Legislative Instrument

effect SR = Statutory Rules

(md not incorp) = misdescribed amendment Sub-Ch = Sub-Chapter(s)

cannot be given effect SubPt = Subpart(s)

mod = modified/modification underlining = whole or part not

No. = Number(s) commenced or to be commenced

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Endnotes

Endnote 3—Legislation history

Agricultural and Veterinary Chemicals (Administration) Act 1992 133

Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16

Endnote 3—Legislation history

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Agricultural and

Veterinary Chemicals

(Administration) Act 1992

262, 1992 24 Dec

1992

15 June 1993 (see

Gazette 1993, No.

GN22)

Primary Industries and

Energy Legislation

Amendment Act 1993

94, 1993 16 Dec

1993

Parts 11 and 12 (ss. 47–

65): 1 Jan 1994

s. 69(1)(b):

1 July 1989

Remainder: Royal

Assent

—

Agricultural and

Veterinary Chemicals

(Consequential

Amendments) Act 1994

37, 1994 15 Mar

1994

15 Mar 1995 (see s. 2) —

Agricultural and

Veterinary Chemicals

(Administration)

Amendment Act 1994

76, 1994 21 June

1994

1 July 1994 (see s. 2(1)

and Gazette 1994, No.

S222)

—

Primary Industries and

Energy Legislation

Amendment Act 1994

94, 1994 29 June

1994

s. 11: (a) —

Customs, Excise and

Bounty Legislation

Amendment Act 1995

85, 1995 1 July 1995 s. 12: 1 July 1995 (b) —

Primary Industries and

Energy Legislation

Amendment Act (No. 2)

1996

59, 1996 20 Nov

1996

Schedule 2: Royal

Assent

—

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Endnotes

Endnote 3—Legislation history

134 Agricultural and Veterinary Chemicals (Administration) Act 1992

Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Audit (Transitional and

Miscellaneous)

Amendment Act 1997

152, 1997 24 Oct

1997

Schedule 2 (items 142–

151): 1 Jan 1998 (see

Gazette 1997, No.

GN49) (c)

—

Primary Industries and

Energy Legislation

Amendment Act (No. 1)

1998

102, 1998 30 July

1998

Schedule 1 (items 1, 2):

30 July 1998

—

Agriculture, Fisheries and

Forestry Legislation

Amendment Act (No. 1)

1999

4, 1999 31 Mar

1999

31 Mar 1999 —

Public Employment

(Consequential and

Transitional) Amendment

Act 1999

146, 1999 11 Nov

1999

Schedule 1 (items 58–

61): 5 Dec 1999 (see

Gazette 1999, No. S584)

(d)

—

Corporate Law Economic

Reform Program Act 1999

156, 1999 24 Nov

1999

Schedule 10 (item 12):

13 Mar 2000 (see

Gazette 2000, No. S114)

(e)

—

Criminal Code

Amendment (Theft, Fraud,

Bribery and Related

Offences) Act 2000

137, 2000 24 Nov

2000

Sch 2 (items 22, 418,

419): 24 May 2001 (s

2(3))

Sch. 2

(items 418,

419)

Gene Technology

(Consequential

Amendments) Act 2000

170, 2000 21 Dec

2000

22 June 2001 (see s. 2) —

Agriculture, Fisheries and

Forestry Legislation

Amendment (Application

of Criminal Code) Act

2001

115, 2001 18 Sept

2001

16 Oct 2001 s. 4

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Endnotes

Endnote 3—Legislation history

Agricultural and Veterinary Chemicals (Administration) Act 1992 135

Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Agricultural and

Veterinary Chemicals

Legislation Amendment

Act 2003

13, 2003 8 Apr 2003 s. 4 and Schedule 2:

8 Oct 2003

Sch. 2

(items 6, 8)

Agricultural and

Veterinary Chemicals

(Administration)

Amendment Act 2004

12, 2004 11 Mar

2004

12 Mar 2004 —

Agricultural and

Veterinary Chemicals

Legislation Amendment

(Name Change) Act 2004

79, 2004 23 June

2004

Schedule 1 (items 7–

131): 30 July 2004 (see

Gazette 2004, No.

GN30)

—

US Free Trade Agreement

Implementation Act 2004

120, 2004 16 Aug

2004

Schedule 2 (item 2): 1

Jan 2005

—

Financial Framework

Legislation Amendment

Act 2005

8, 2005 22 Feb

2005

s. 4, Schedule 1

(items 72, 73, 496) and

Schedule 2 (items 13–20,

174): Royal Assent

s. 4, Sch. 1

(item 496)

and Sch. 2

(item 174)

Agricultural and

Veterinary Chemicals

Legislation Amendment

(Levy and Fees) Act 2005

42, 2005 1 Apr 2005 Schedule 1 (items 41,

42): Royal Assent

—

Agricultural and

Veterinary Chemicals

(Administration)

Amendment Act 2007

90, 2007 22 June

2007

Schedules 1 and 2:

1 July 2007

Remainder: Royal

Assent

Sch. 2

(items 1–21)

Statute Law Revision Act

2008

73, 2008 3 July 2008 Sch 1 (item 4): 1 July

2007 (s 2(1) item 5)

—

Trade Practices

Amendment (Australian

Consumer Law) Act

(No. 2) 2010

103, 2010 13 July

2010

Schedule 6 (item 152):

1 Jan 2011

—

Food Standards Australia 121, 2010 17 Nov Schedule 1 (item 1): 1 —

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Endnotes

Endnote 3—Legislation history

136 Agricultural and Veterinary Chemicals (Administration) Act 1992

Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

New Zealand Amendment

Act 2010

2010 Mar 2011 (see

F2011L00312)

Acts Interpretation

Amendment Act 2011

46, 2011 27 June

2011

Sch 2 (items 46–48) and

Sch 3 (items 10, 11):

27 Dec 2011

Sch 3

(items 10, 11)

Agricultural and

Veterinary Chemicals

Legislation Amendment

Act 2013

125, 2013 29 June

2013

Sch 3 (items 18–74) and

Sch 6 (items 18–34):

1 July 2014

—

Public Governance,

Performance and

Accountability

(Consequential and

Transitional Provisions)

Act 2014

62, 2014 30 June

2014

Sch 5 (items 63–66), Sch

7 (items 80–95), Sch 13

(items 3, 4) and Sch 14:

1 July 2014 (s 2(1)

items 4, 6, 7, 14)

Sch 5

(item 66)

Sch 14

as amended by

Public Governance and

Resources Legislation

Amendment Act (No. 1)

2015

36, 2015 13 Apr

2015

Sch 2 (item 7) and Sch 7:

14 Apr 2015 (s 2)

Sch 7

as amended by

Acts and Instruments

(Framework Reform)

(Consequential

Provisions) Act 2015

126, 2015 10 Sept

2015

Sch 1 (item 486): 5 Mar

2016 (s 2(1) item 2)

—

Acts and Instruments

(Framework Reform)

(Consequential

Provisions) Act 2015

126, 2015 10 Sept

2015

Sch 1 (item 495): 5 Mar

2016 (s 2(1) item 2)

—

Statute Law Revision Act

(No. 1) 2015

5, 2015 25 Feb

2015

Sch 3 (items 12–15): 25

Mar 2015 (s 2(1)

item 10)

—

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Endnotes

Endnote 3—Legislation history

Agricultural and Veterinary Chemicals (Administration) Act 1992 137

Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Public Governance and

Resources Legislation

Amendment Act (No. 1)

2015

36, 2015 13 Apr

2015

Sch 5 (items 1, 74–77)

and Sch 7 (items 1, 2):

14 Apr 2015 (s 2)

Sch 5

(items 74–77)

and Sch 7

(items 1, 2)

Customs and Other

Legislation Amendment

(Australian Border Force)

Act 2015

41, 2015 20 May

2015

Sch 7 (item 1) and Sch 9:

1 July 2015 (s 2(1)

items 2, 7)

Sch 9

Statute Update Act 2016 61, 2016 23 Sept

2016

Sch 3 (item 1): 21 Oct

2016 (s 2(1) item 1)

—

(a) The Agricultural and Veterinary Chemicals (Administration) Act 1992 was

amended by section 11 only of the Primary Industries and Energy Legislation

Amendment Act 1994, subsection 2(3) of which provides as follows:

(3) The amendment of the Agricultural and Veterinary Chemicals

(Administration) Act 1992 made by the Schedule commences or is taken

to have commenced immediately after the commencement of the

Agricultural and Veterinary Chemicals (Consequential Amendments) Act

1994.

The Agricultural and Veterinary Chemicals (Consequential Amendments) Act

1994 came into operation on 15 March 1995.

(b) The Agricultural and Veterinary Chemicals (Administration) Act 1992 was

amended by section 12 only of the Customs, Excise and Bounty Legislation

Amendment Act 1995, subsection 2(5) of which provides as follows:

(5) Schedules 2 and 3, items 1, 26 to 45, 49 to 53 and 56 and 67 of

Schedule 4, Schedule 6, items 6 to 11 of Schedule 7 and Schedules 8 and

10 commence on 1 July 1995.

(c) The Agricultural and Veterinary Chemicals (Administration) Act 1992 was

amended by Schedule 2 (items 142–151) only of the Audit (Transitional and

Miscellaneous) Amendment Act 1997, subsection 2(2) of which provides as

follows:

(2) Schedules 1, 2 and 4 commence on the same day as the Financial

Management and Accountability Act 1997.

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Endnotes

Endnote 3—Legislation history

138 Agricultural and Veterinary Chemicals (Administration) Act 1992

Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16

(d) The Agricultural and Veterinary Chemicals (Administration) Act 1992 was

amended by Schedule 1 (items 58–61) only of the Public Employment

(Consequential and Transitional) Amendment Act 1999, subsections 2(1) and

(2) of which provide as follows:

(1) In this Act, commencing time means the time when the Public Service

Act 1999 commences.

(2) Subject to this section, this Act commences at the commencing time.

(e) The Agricultural and Veterinary Chemicals (Administration) Act 1992 was

amended by Schedule 10 (item 12) only of the Corporate Law Economic

Reform Program Act 1999, subsection 2(2) of which provides as follows:

(2) The following provisions commence on a day or days to be fixed by

Proclamation:

(a) section 3;

(b) the items in Schedules 1 to 7 (other than item 18 of Schedule 7);

(c) the items in Schedules 10, 11 and 12.

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Endnotes

Endnote 4—Amendment history

Agricultural and Veterinary Chemicals (Administration) Act 1992 139

Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16

Endnote 4—Amendment history

Provision affected How affected

Title ...............................................rs No. 79, 2004

Part 1

s 3 ..................................................am No. 79, 2004

s 4 ..................................................am No. 37, 1994; No 170, 2000; No 79, 2004; No 8, 2005; No 90,

2007; No 125, 2013; No 62, 2014

s 5 ..................................................rs. No 37, 1994

s 5A................................................ad. No 115, 2001

Part 2

Heading to Part 2 ...........................rs. No 79, 2004

s 6 ..................................................rs. No 79, 2004

s 7 ..................................................am Nos. 37 and 94, 1994; No 13, 2003; No 79, 2004; No 121, 2010;

No 125, 2013

Note to s. 7(3) ...............................ad No 90, 2007

rep No 62, 2014

s 7AA.............................................ad No 90, 2007

rep No 62, 2014

s 7AB.............................................ad No 90, 2007

rep No 62, 2014

s 7A................................................ad No 37, 1994

am No 13, 2003; No 79, 2004

s 8 ..................................................am No 37, 1994; No 79, 2004; No 90, 2007; No 125, 2013

s 8A................................................ad No 170, 2000

am No 13, 2003; No 79, 2004; No 125, 2013

s 9 ..................................................am No 79, 2004

Heading to s 9A .............................am No 79, 2004

s 9A................................................ad No 37, 1994

rs No 59, 1996

am No 79, 2004

s 10 ................................................am No 37, 1994; No 59, 1996; No 152, 1997; No 79, 2004; No 90,

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Endnotes

Endnote 4—Amendment history

140 Agricultural and Veterinary Chemicals (Administration) Act 1992

Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16

Provision affected How affected

2007

s. 10A.............................................ad No 90, 2007

am No 62, 2014

Heading to s. 11 .............................am No 79, 2004

s 11 ................................................am No. 146, 1999; No 79, 2004; No 90, 2007; No 125, 2013

Part 3

Heading to Part 3 ...........................rs No. 79, 2004; No 90, 2007

Division 1

Heading to Div. 1 of Part 3 ............ad No 90, 2007

Heading to s. 12 .............................am No 79, 2004

s 12 ................................................am No 79, 2004

Note to s 12(1) ..............................ad No 152, 1997

am No 79, 2004

rep No 90, 2007

Heading to s. 13 .............................am No 79, 2004

s. 13 ...............................................am No 102, 1998; No 79, 2004

rs No 90, 2007

Division 2

Heading to Div. 2 of Part 3 ............ad No 90, 2007

s 14 ................................................am No 102, 1998

rs No. 90, 2007

s 15 ................................................am No 79, 2004

rs No 90, 2007

s. 16 ...............................................rs No 90, 2007

Division 3

Heading to Div. 3 of Part 3 ............ad No 90, 2007

s 17 ................................................rs No 90, 2007

s 18 ................................................rs No 90, 2007

Note to s 18....................................am No 46, 2011

s 19 ................................................rs No 90, 2007

s 20 ................................................rep No 90, 2007

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Endnotes

Endnote 4—Amendment history

Agricultural and Veterinary Chemicals (Administration) Act 1992 141

Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16

Provision affected How affected

s 21, 22...........................................rs No 90, 2007

Heading to s. 23 .............................am No 152, 1997

rs No 90, 2007

s 23 ................................................am No 152, 1997; No 79, 2004

rs No 90, 2007; No 62, 2014

s 24 ............................................... .am No 152, 1997; No 156, 1999; No 79, 2004

rs No 90, 2007

s 25 ................................................am No 90, 2007

s 25A..............................................ad No 36, 2015

Division 4

Heading to Div. 4 of Part 3 ............ad No. 90, 2007

Heading to s. 26 .............................am No. 79, 2004

rs No. 90, 2007

s. 26 ...............................................am No 37, 1994; No. 79, 2004

rs No 90, 2007

am No 62, 2014

s. 27 ...............................................am No 79, 2004

rs No 90, 2007

am No 62, 2014

Division 5

Heading to Div. 5 of Part 3 ............ad No 90, 2007

s. 28 ...............................................am No 79, 2004; No 90, 2007

s. 29 ...............................................am. No 79, 2004

s. 29A.............................................ad. No 90, 2007

s. 30 ...............................................am No 79, 2004; No 90, 2007

Part 4

s. 31 ...............................................am No 79, 2004

s. 32 ...............................................am No 37, 1994; No 79, 2004; No 90, 2007

s. 32A.............................................ad. No. 90, 2007

s. 33 ...............................................am. No. 79, 2004

rs. No. 90, 2007

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Endnotes

Endnote 4—Amendment history

142 Agricultural and Veterinary Chemicals (Administration) Act 1992

Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16

Provision affected How affected

s. 34 ...............................................am. No. 79, 2004; No. 90, 2007

s. 35 ...............................................am. No. 79, 2004

rs. No. 90, 2007

s. 36 ...............................................am. No. 79, 2004

rep. No. 90, 2007

ss. 37, 38 ........................................am. No. 79, 2004; No. 90, 2007

s. 39 ...............................................am. No. 146, 1999

s. 40 ...............................................am. No. 79, 2004

rs. No. 90, 2007

s. 41 ...............................................am. No. 90, 2007

s. 41A.............................................ad. No. 90, 2007

am No 62, 2014

Note to s 41A.................................ad No 62, 2014

s. 42 ...............................................am. No. 90, 2007; No 62, 2014

s. 43 ...............................................am. No. 13, 2003; No. 79, 2004; No. 90, 2007; No. 46, 2011

Note to s. 43(1) .............................ad. No. 46, 2011

s. 44 ...............................................am. No. 37, 1994; No. 79, 2004

Part 5

Heading to Part 5 ...........................rs. No. 90, 2007

s. 45 ...............................................am. No. 79, 2004

rs. No. 90, 2007

Heading to s. 46 .............................am. No. 79, 2004

s. 46 ...............................................am. No. 37, 1994; No. 146, 1999; No. 79, 2004

s. 47 ...............................................am. No. 79, 2004

s. 48 ...............................................am. No. 79, 2004

rep. No. 90, 2007

s. 49 ...............................................rep. No. 90, 2007

Part 6

s. 50 ...............................................am. No. 13, 2003; No. 79, 2004

rs. No. 90, 2007

rep No 62, 2014

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Endnotes

Endnote 4—Amendment history

Agricultural and Veterinary Chemicals (Administration) Act 1992 143

Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16

Provision affected How affected

s. 51 ...............................................am. No. 37, 1994; No. 79, 2004

rs. No. 90, 2007; No 62, 2014

Heading to s. 52 .............................am. No. 79, 2004

rs. No. 90, 2007; No 62, 2014

s. 52 ...............................................am. No. 79, 2004

rs. No. 90, 2007; No 62, 2014

ss. 53, 54 ........................................am. No. 79, 2004

rep. No. 90, 2007

s. 55 ...............................................am. No. 13, 2003; No. 79, 2004; No. 90, 2007; No 125, 2013; No 62,

2014

s. 56 ...............................................am. No. 79, 2004; No 62, 2014

s. 57 ...............................................am. No. 79, 2004; No. 90, 2007; No. 73, 2008

Part 7

Part 7..............................................rs. No. 90, 2007

Division 1

Div 1 of Pt 7...................................rs No 62, 2014

s. 58 ...............................................am. Nos. 37 and 76, 1994; No. 59, 1996; No. 79, 2004; Nos. 8 and 42,

2005

rs. No. 90, 2007; No 62, 2014

Heading to s. 59 .............................am. No. 79, 2004

rs. No. 90, 2007; No 62, 2014

s. 59 ...............................................am. No. 79, 2004; No. 8, 2005

rs. No. 90, 2007

am No 125, 2013

rs No 62, 2014

Heading to s. 59A ..........................am. No. 79, 2004

rep. No. 90, 2007

s. 59A.............................................ad. No. 94, 1993

am. No. 79, 2004

rep. No. 90, 2007

Heading to s. 60 .............................am. No. 79, 2004

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Endnotes

Endnote 4—Amendment history

144 Agricultural and Veterinary Chemicals (Administration) Act 1992

Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16

Provision affected How affected

rs. No. 90, 2007

rep No 62, 2014

s. 60 ...............................................am. No. 79, 2004; No. 8, 2005

rs. No. 90, 2007

rep No 62, 2014

Division 2

s. 61 ...............................................rep. No. 152, 1997

ad. No. 90, 2007

am No 125, 2013

rs No 62, 2014

Division 3

Heading to s. 62 .............................am. No. 79, 2004

rs. No. 90, 2007

s. 62 ...............................................am. No. 152, 1997; No. 79, 2004

rs. No. 90, 2007

ss. 63, 64 ........................................am. No. 79, 2004; No. 8, 2005

rep. No. 90, 2007

s. 65 ...............................................am. No. 79, 2004

rep. No. 90, 2007

Heading to s. 66 .............................am. No. 79, 2004

rep. No. 90, 2007

ss. 66, 67 ........................................am. No. 79, 2004

rep. No. 90, 2007

Heading to s. 68 .............................am. No. 79, 2004

rep. No. 90, 2007

ss. 68, 69 ........................................am. No. 152, 1997; No. 79, 2004

rep. No. 90, 2007

s. 69AA..........................................ad. No. 8, 2005

rep. No. 90, 2007

Part 7A

Part 7A ..........................................ad. No. 37, 1994

Authorised Version C2016C01012 registered 28/10/2016

Endnotes

Endnote 4—Amendment history

Agricultural and Veterinary Chemicals (Administration) Act 1992 145

Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16

Provision affected How affected

Division 1

s. 69A.............................................ad. No. 37, 1994

am No 125, 2013

Division 2

Sdiv A

hdg to Sdiv A of Div 2 ..................

of Pt 7A

ad No 125, 2013

s. 69B.............................................ad. No. 37, 1994

am. No. 85, 1995; No. 115, 2001; No. 13, 2003; No. 79, 2004; No 125,

2013; No 41, 2015

Sdiv B

hdg to Sdiv B of Div 2 ..................

of Pt 7A

ad No 125, 2013

s. 69CA..........................................ad. No. 12, 2004

s. 69CB ..........................................ad. No. 12, 2004

s. 69CC ..........................................ad. No. 12, 2004

hdg to s 69CD................................rs No 125, 2013

s. 69CD..........................................ad. No. 12, 2004

am No 125, 2013

Sdiv C

hdg to Sdiv C of Div 2 ..................

of Pt 7A

ad No 125, 2013

Heading to s. 69C...........................am. No. 59, 1996

rs. No. 12, 2004

Subhead. to s. 69C(2) ....................ad. No. 12, 2004

Subhead. to s. 69C(5) ....................ad. No. 12, 2004

s. 69C.............................................ad. No. 37, 1994

am. No. 59, 1996; No. 115, 2001; No. 12, 2004

Sdiv D

hdg to Sdiv D of Div 2 ..................

of Pt 7A

ad No 125, 2013

s. 69D.............................................ad. No. 37, 1994

Authorised Version C2016C01012 registered 28/10/2016

Endnotes

Endnote 4—Amendment history

146 Agricultural and Veterinary Chemicals (Administration) Act 1992

Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16

Provision affected How affected

am. No. 59, 1996; No. 79, 2004; No 125, 2013

Sdiv E

hdg to Sdiv E of Div 2 ..................

of Pt 7A

ad No 125, 2013

s. 69E.............................................ad. No. 37, 1994

am. No. 59, 1996; No. 115, 2001; No. 79, 2004; No 125, 2013

Subheads. to s. 69EA(1), (2) .........ad. No. 12, 2004

s. 69EA ..........................................ad. No. 37, 1994

am. No. 115, 2001; Nos. 12 and 79, 2004; No 125, 2013

s. 69EAA .......................................ad. No. 12, 2004

am. No. 79, 2004

Div 3 of Pt 7A................................rep No 125, 2013

hdg to Div 4 of Pt 7A.....................rep No 125, 2013

Pt 7AA

Pt 7AA...........................................ad No 125, 2013

Div 1

Sdiv A

s 69EAB.........................................ad No 125, 2013

s 69EAC.........................................ad No 125, 2013

s 69EAD ........................................ad No 125, 2013

s 69EAE.........................................ad No 125, 2013

s 69EAF.........................................ad No 125, 2013

s 69EAG ........................................ad No 125, 2013

Sdiv B

s 69EAH ........................................ad No 125, 2013

s 69EAJ..........................................ad No 125, 2013

Div 2

Sdiv A

s. 69EB ..........................................ad. No. 37, 1994

am. No. 115, 2001

rs No 125, 2013

Authorised Version C2016C01012 registered 28/10/2016

Endnotes

Endnote 4—Amendment history

Agricultural and Veterinary Chemicals (Administration) Act 1992 147

Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16

Provision affected How affected

s 69EBA.........................................ad No 125, 2013

s 69EBB.........................................ad No 125, 2013

s 69EBC.........................................ad No 125, 2013

s 69EBD.........................................ad No 125, 2013

s 69EBE.........................................ad No 125, 2013

Sdiv B

s 69EC ...........................................ad. No. 37, 1994

rs No 125, 2013

s 69ECA.........................................ad No 125, 2013

Div 3

s 69ED ...........................................ad. No. 37, 1994

rs No 125, 2013

s 69EDA ........................................ad No 125, 2013

s 69EDB.........................................ad No 125, 2013

s 69EDC.........................................ad No 125, 2013

s 69EDD ........................................ad No 125, 2013

s 69EDE.........................................ad No 125, 2013

Div 4

s 69EE............................................ad. No. 37, 1994

rs No 125, 2013

s 69EEA.........................................ad No 125, 2013

Div 5

s 69EF............................................ad. No. 37, 1994

rs No 125, 2013

s 69EFA.........................................ad No 125, 2013

Div 6

s 69EG ...........................................ad. No. 37, 1994

rs No 125, 2013

s 69EGA ........................................ad No 125, 2013

s 69EGB.........................................ad No 125, 2013

am No 62, 2014

Authorised Version C2016C01012 registered 28/10/2016

Endnotes

Endnote 4—Amendment history

148 Agricultural and Veterinary Chemicals (Administration) Act 1992

Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16

Provision affected How affected

s 69EGC.........................................ad No 125, 2013

s 69EGD ........................................ad No 125, 2013

Div 7

s 69EH ...........................................ad. No. 37, 1994

rs No 125, 2013

s 69EHA ........................................ad No 125, 2013

s 69EHB.........................................ad No 125, 2013

s 69EHC.........................................ad No 125, 2013

s 69EHD ........................................ad No 125, 2013

Div 8

s 69EI.............................................ad. No. 37, 1994

am. No. 79, 2004

rs No 125, 2013

Pt 7AB

hdg to Pt 7AB ................................ad No 125, 2013

Div 1

Div 1 of Pt 7AB .............................ad No 125, 2013

Sdiv A

Sdiv A of Div 1 of Pt 7AB.............ad No 125, 2013

ss. 69EJ..........................................ad. No. 37, 1994

rs No 125, 2013

s 69EJA..........................................ad No 125, 2013

s 69EJB..........................................ad No 125, 2013

s 69EJC..........................................ad No 125, 2013

s 69EJD..........................................ad No 125, 2013

s 69EJE ..........................................ad No 125, 2013

s 69EJF ..........................................ad No 125, 2013

s 69EJG..........................................ad No 125, 2013

Sdiv B

Sdiv B of Div 1 of Pt 7AB .............ad No 125, 2013

s 69EJH..........................................ad No 125, 2013

Authorised Version C2016C01012 registered 28/10/2016

Endnotes

Endnote 4—Amendment history

Agricultural and Veterinary Chemicals (Administration) Act 1992 149

Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16

Provision affected How affected

s 69EJI ...........................................ad No 125, 2013

s 69EJJ...........................................ad No 125, 2013

s 69EJK..........................................ad No 125, 2013

Sdiv C

Sdiv C of Div 1 of Pt 7AB .............ad No 125, 2013

s 69EJL ..........................................ad No 125, 2013

s 69EJM.........................................ad No 125, 2013

s 69EJN..........................................ad No 125, 2013

s 69EJO..........................................ad No 125, 2013

s 69EJP ..........................................ad No 125, 2013

s 69EJQ..........................................ad No 125, 2013

s 69EJR..........................................ad No 125, 2013

s 69EJS ..........................................ad No 125, 2013

Div 2

Div 2 of Pt 7AB .............................ad No 125, 2013

ss. 69EK.........................................ad No 37, 1994

rs No 125, 2013

s 69EKA ........................................ad No 125, 2013

s 69EKB.........................................ad No 125, 2013

s 69EKC.........................................ad No 125, 2013

s 69EKD ........................................ad No 125, 2013

s 69EKE.........................................ad No 125, 2013

Div 3

Div 3 of Pt 7AB .............................ad No 125, 2013

ss. 69EL.........................................ad. No. 37, 1994

rs No 125, 2013

s 69ELA.........................................ad No 125, 2013

Div 4

Div 4 of Pt 7AB .............................ad No 125, 2013

ss. 69EM........................................ad. No. 37, 1994

rs No 125, 2013

Authorised Version C2016C01012 registered 28/10/2016

Endnotes

Endnote 4—Amendment history

150 Agricultural and Veterinary Chemicals (Administration) Act 1992

Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16

Provision affected How affected

s 69EMA........................................ad No 125, 2013

s 69EMB........................................ad No 125, 2013

s 69EMC........................................ad No 125, 2013

Div 5

Div 5 of Pt 7AB .............................ad No 125, 2013

s. 69EN ..........................................ad. No. 37, 1994

am. No. 115, 2001

rs No 125, 2013

s 69ENA ........................................ad No 125, 2013

s 69ENB.........................................ad No 125, 2013

Div 6

Div 6 of Pt 7AB .............................ad No 125, 2013

s. 69EO ..........................................ad. No. 37, 1994

rs. No. 13, 2003

am. No. 79, 2004

rs No 125, 2013

Div 7

hdg to Div 7 of Pt 7AB ..................ad No 125, 2013

s. 69EP...........................................ad. No. 37, 1994

am. No. 115, 2001; No. 79, 2004; No. 90, 2007; No 125, 2013

s. 69EQ ..........................................ad. No. 37, 1994

am No 125, 2013

s. 69ER ..........................................ad. No. 37, 1994

rs No 125, 2013

s. 69ES...........................................ad. No. 37, 1994

am. No. 13, 2003; No. 79, 2004; No 61, 2016

s. 69ET...........................................ad. No. 37, 1994

am. No. 79, 2004; No 125, 2013

s. 69EU ..........................................ad. No. 37, 1994

am No 125, 2013; No 5, 2015

Part 7B

Authorised Version C2016C01012 registered 28/10/2016

Endnotes

Endnote 4—Amendment history

Agricultural and Veterinary Chemicals (Administration) Act 1992 151

Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16

Provision affected How affected

Part 7B...........................................ad. No. 4, 1999

ss. 69EV–69EW.............................ad. No. 4, 1999

s. 69EX ..........................................ad. No. 4, 1999

am. Nos. 79 and 120, 2004

Heading to s. 69EY........................am. No. 79, 2004

ss. 69EY, 69EZ..............................ad. No. 4, 1999

am. No. 79, 2004

Heading to s. 69EZA .....................am. No. 79, 2004

s. 69EZA........................................ad. No. 4, 1999

am. No. 79, 2004

Heading to s. 69EZB......................am. No. 79, 2004

s. 69EZB........................................ad. No. 4, 1999

am. No. 79, 2004; No 125, 2013

Part 8

s. 69F .............................................ad. No. 37, 1994

am. No. 146, 1999; No. 137, 2000; No. 115, 2001; No. 79, 2004; No

125, 2013

s. 69G.............................................ad. No. 37, 1994

am. No. 79, 2004

s. 69H.............................................ad. No. 37, 1994

am. No. 13, 2003; No. 79, 2004; No. 103, 2010; No 125, 2013

s 69HA...........................................ad No 125, 2013

Heading to s. 69J............................am. No. 79, 2004

s. 69J..............................................ad. No. 37, 1994

am. No. 79, 2004

Heading to s. 70 .............................am. No. 79, 2004

s. 70 ...............................................am. No. 13, 2003; No. 79, 2004; No. 90, 2007; No 125, 2013

s. 71 ...............................................am. No. 37, 1994

s. 72 ...............................................rep No. 8, 2005

ad No 125, 2013

Part 9

Authorised Version C2016C01012 registered 28/10/2016

Endnotes

Endnote 4—Amendment history

152 Agricultural and Veterinary Chemicals (Administration) Act 1992

Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16

Provision affected How affected

s. 74 ...............................................am No. 94, 1993; No 79, 2004

Heading to s. 75 .............................am No. 79, 2004

s. 75 ...............................................am No 79, 2004

s. 76 ...............................................am No. 37, 1994; No 79, 2004

s 77 ................................................rep No 125, 2013

ss. 78–80........................................am No 79, 2004

s. 81 ...............................................rep No 152, 1997

Authorised Version C2016C01012 registered 28/10/2016