- Agricultural and Veterinary Chemicals Act 1994
- Contents
- Part 1—Preliminary
- Part 2—The Agvet Code, and the Agvet Regulations, of the participating Territories
- Part 3—Citing the Agvet Code and the Agvet Regulations
- Part 4—Application of Agvet Codes to the Crown
- Part 5—Performance of functions that corresponding laws of States confer on Commonwealth authorities and officers
- Part 6—Jurisdiction of courts
- Part 7—Miscellaneous
- Part 8—Imposition of fees and taxes
- Notes
- An Act to make a law for the government of certain Territories in relation to the evaluation, registration and control of agricultural andveterinary chemical products, and for related purposes
- Part 1—Preliminary
- Part 2—The Agvet Code, and the Agvet Regulations, of the participating Territories
- 7 Application of Agvet Code in the participating Territories
- 8 Application of Agvet Regulations in the participating Territories
- 9 Agvet Code of the participating Territories taken to be an Act
- 10 Relationship between the Agvet Code and Agvet Regulations ofthe participating Territories and the laws of a participating Territory
- Part 3—Citing the Agvet Code and the Agvet Regulations
- 11 References to Agvet Code and Agvet Regulations of other jurisdictions
- 12 References to Agvet Codes and Agvet Regulations
- Part 4—Application of Agvet Codes to the Crown
- 13 Agvet Code of the participating Territories
- 14 Agvet Code of other jurisdictions
- 15 Crown not liable to prosecution
- 16 This Part overrides the prerogative
- Part 5—Performance of functions that corresponding laws of States confer on Commonwealth authorities and officers
- 17 Ministers
- 18 Commonwealth authorities and officers
- 18A Conferral of duties, functions and powers
- 19 Gazette notices under corresponding laws
- Part 6—Jurisdiction of courts
- 20 Jurisdiction of Federal Court and courts of Territories
- 21 Exercise of jurisdiction under cross-vesting provisions
- Part 7—Miscellaneous
- 22 Orders
- 23 Manufacturing principles
- 24 Repeal and transitional provisions
- 25 Regulations
- Part 8—Imposition of fees and taxes
- 26 Fees (including taxes)
- Notes to the Agricultural and Veterinary Chemicals Act 1994
- Act Notes
- Table of Amendments
- Table A
Agricultural and Veterinary Chemicals Act 1994
Act No. 36 of 1994 as amended
This compilation was prepared on 30 July 2004 taking into account amendments up to Act No. 79 of 2004
The text of any of those amendments not in force on that date is appended in the Notes section
The operation of amendments that have been incorporated may be affected by application provisions that are set out in the Notes section
Prepared by the Office of Legislative Drafting, Attorney-General’s Department, Canberra
Contents
Part 1—Preliminary 2 1 Short title [see Note 1] ...................................................................... 2 2 Commencement [see Note 1]............................................................ 2 3 Object................................................................................................ 2 4 Definitions ........................................................................................ 3 5 Jervis Bay Territory .......................................................................... 5 6 Extension to external Territories....................................................... 5
Part 2—The Agvet Code, and the Agvet Regulations, of the participating Territories 6 7 Application of Agvet Code in the participating Territories............... 6 8 Application of Agvet Regulations in the participating Territories ......................................................................................... 6 9 Agvet Code of the participating Territories taken to be an Act .................................................................................................... 7 10 Relationship between the Agvet Code and Agvet Regulations of the participating Territories and the laws of a participating Territory....................................................................... 7
Part 3—Citing the Agvet Code and the Agvet Regulations 8 11 References to Agvet Code and Agvet Regulations of other jurisdictions....................................................................................... 8 12 References to Agvet Codes and Agvet Regulations.......................... 8
Part 4—Application of Agvet Codes to the Crown 10 13 Agvet Code of the participating Territories .................................... 10 14 Agvet Code of other jurisdictions ................................................... 10 15 Crown not liable to prosecution...................................................... 10 16 This Part overrides the prerogative ................................................. 10
Part 5—Performance of functions that corresponding laws of States confer on Commonwealth authorities and officers 11 17 Ministers ......................................................................................... 11 18 Commonwealth authorities and officers ......................................... 11 18A Conferral of duties, functions and powers....................................... 12 19 Gazette notices under corresponding laws ...................................... 12
Part 6—Jurisdiction of courts 13 20 Jurisdiction of Federal Court and courts of Territories ................... 13 21 Exercise of jurisdiction under cross-vesting provisions.................. 13
Part 7—Miscellaneous 14 22 Orders ............................................................................................. 14
23 Manufacturing principles................................................................ 14 24 Repeal and transitional provisions .................................................. 14 25 Regulations ..................................................................................... 15
Part 8—Imposition of fees and taxes 16 26 Fees (including taxes) ..................................................................... 16
Notes 17
An Act to make a law for the government of certain Territories in relation to the evaluation, registration and control of agricultural and veterinary chemical products, and for related purposes
Recognising: - (a)
- that the protection of the health and safety of human beings, animals and the environment is essential to the well-being of society and can be enhanced by putting in place a system to regulate agricultural chemical products and veterinary chemical products; and
- (b)
- that the principle of ecologically sustainable development requires a regulatory system that is designed to ensure that the use of such products today will not impair the prospects of future generations; and
- (c)
- that the furthering of trade and commerce between Australia and places outside Australia, and the present and future economic viability and competitiveness of primary industry and of a domestic industry for manufacturing and formulating such products, are essential for the well-being of the economy and require a system for regulating such products that is cost-effective, efficient, predictable, adaptive and responsive; and
- (d)
- that it is desirable to establish a regulatory system that is open and accountable and gives opportunity for public input with respect to the regulation of such products; and
- (e)
- that the system should, so far as practicable, be uniform throughout Australia; and
- (f)
- that uniformity could best be achieved by the enactment of
legislation by the Parliament of the Commonwealth as a law for the government of the Australian Capital Territory and the adoption of that legislation by the Parliaments and legislatures of the States and the Northern Territory:
The Parliament of Australia enacts:
Part 1—Preliminary
1 Short title [see Note 1]
This Act may be cited as the Agricultural and Veterinary Chemicals Act 1994.
2 Commencement [see Note 1]
- (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 12 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
- (1)
- The object of this Act is to make a law for the government of certain Territories in relation to the evaluation, registration and control of agricultural chemical products and veterinary chemical products, and for related purposes.
- (2)
- This Act has effect, and is to be interpreted, accordingly.
- (3)
- Despite subsection (1) and section 9, this Act, the Agricultural and Veterinary Chemicals Code Act 1994 and the Agvet Code of the participating Territories are not, for the purposes of subsection 22(3) of the Acts Interpretation Act 1901, Acts providing for the administration or government of a Territory.
4 Definitions
In this Act, unless the contrary intention appears:
Agvet Code of the participating Territories has the meaning given by subsection 5(1) of the Agricultural and Veterinary Chemicals Code Act 1994.
Agvet Codes has the meaning given by section 12.
Agvet Regulations has the meaning given by section 12.
Agvet Regulations of the participating Territories has the meaning given by subsection 5(2) of the Agricultural and Veterinary Chemicals Code Act 1994.
applicable provision, in relation to a jurisdiction, means a provision of: - (a)
- the Agvet Code of that jurisdiction; or
- (b)
- the Agvet Regulations of that jurisdiction; or
- (c)
- a law of the Commonwealth that applies in that jurisdiction in relation to a provision of the Agvet Code or Agvet Regulations of that jurisdiction.
APVMA means the Australian Pesticides and Veterinary Medicines Authority continued in existence by section 6 of the Agricultural and Veterinary Chemicals (Administration) Act 1992.
Australia includes the external Territories to which this Act extends.
authority, in relation to the Commonwealth, includes: - (a)
- a body corporate, or an unincorporated body, established for a public purpose by or under an Act; and
- (b)
- a tribunal or authority established by or in accordance with an Act.
chemical product has the same meaning as in the Agvet Code of the participating Territories.
confer, in relation to a duty, includes impose.
corresponding Act means an Act of a State that corresponds to this Act.
corresponding law means:
- (a)
- a corresponding Act; or
- (b)
- regulations made under a corresponding Act; or
- (c)
- the Agvet Code, Agvet Regulations, or another applicable provision, of a State; or
- (d)
- rules of court made under a corresponding Act.
instrument means any document whatever, including: - (a)
- an Act or an instrument made under an Act; or
- (b)
- a law of a participating Territory or an instrument made under such a law; or
- (c)
- an award or other industrial determination or order, or an industrial agreement; or
- (d)
- any other order (whether executive, judicial or otherwise); or
- (e)
- a notice, certificate or licence; or
- (f)
- an agreement; or
- (g)
- an application made, information or complaint laid, affidavit sworn, or warrant issued, for any purpose; or
- (h)
- an indictment, presentment, summons or writ; or
- (i)
- any other pleading in, or process issued in connection with, a legal or other proceeding.
jurisdiction means:
- (a)
- a State; or
- (b)
- the participating Territories.
modifications includes additions, omissions and substitutions.
officer, in relation to the Commonwealth, includes: - (a)
- a Minister; and
- (b)
- a person holding:
- (i)
- an office established by or under an Act; or
- (ii)
- an appointment made under an Act; or
(iii) an appointment made by the Governor-General or a Minister but not under an Act; and
- (c)
- a person who is a member or officer of an authority of the Commonwealth; and
- (d)
- a person who is in the service or employment of the Commonwealth, or of an authority of the Commonwealth, or is employed or engaged under an Act.
participating Territory means:
- (a)
- the Australian Capital Territory; or
- (b)
- another Territory that is declared by regulations in force under section 25 to be a participating Territory.
repealed Act means the Agricultural and Veterinary Chemicals Act 1988.
State includes the Northern Territory.
Territory does not include the Northern Territory, Norfolk Island, the Territory of Christmas Island or the Territory of Cocos (Keeling) Islands.
5 Jervis Bay Territory
For the purposes of this Act, the Jervis Bay Territory is taken to be part of the Australian Capital Territory.
6 Extension to external Territories
This Act extends to every external Territory that is a participating Territory.
Part 2—The Agvet Code, and the Agvet Regulations, of the participating Territories
7 Application of Agvet Code in the participating Territories
(1) The Code set out in the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994 as in force for the time being applies as a law for the government of the participating Territories.
(2) The provisions of that Code as so applying are in addition to, and do not affect, the Industrial Chemicals (Notification and Assessment) Act 1989, the Food Standards Australia New Zealand Act 1991 and the Therapeutic Goods Act 1989. - (3)
- The powers to require the recall of chemical products that are conferred on the APVMA under that Code as so applying are in addition to, and do not affect, the powers conferred by section 65F of the Trade Practices Act 1974.
- (4)
- The provisions of that Code as so applying that require the APVMA to give brief particulars of reasons for decisions do not affect the obligations of the APVMA under section 28 of the Administrative Appeals Tribunal Act 1975 or section 13 of the Administrative Decisions (Judicial Review) Act 1977.
- (5)
- The provisions of that Code as so applying that relate to the disclosure of confidential commercial information do not affect the operation of the Freedom of Information Act 1982.
8 Application of Agvet Regulations in the participating Territories
The regulations in force for the time being under section 6 of the Agricultural and Veterinary Chemicals Code Act 1994 apply as regulations in force for the purposes of the Agvet Code of the participating Territories.
9 Agvet Code of the participating Territories taken to be an Act
The Agvet Code of the participating Territories is taken for all purposes to be an Act.
10 Relationship between the Agvet Code and Agvet Regulations of the participating Territories and the laws of a participating Territory
- (1)
- In this section:
the Code means the Agvet Code, and the Agvet Regulations, of the participating Territories.
- (2)
- The object of this section is to avoid or resolve inconsistencies between the Code and the laws of a participating Territory.
- (3)
- Regulations under section 25:
- (a)
- may provide that specified laws of a participating Territory have effect despite the Code or specified provisions of the Code; and
- (b)
- may provide that the Code, or specified provisions of the Code, has or have effect with such modifications as the regulations prescribe.
- (4)
- Regulations under section 25 that take effect within 12 months after an external Territory becomes a participating Territory may amend or repeal laws of that Territory.
Part 3—Citing the Agvet Code and the Agvet Regulations
11 References to Agvet Code and Agvet Regulations of other jurisdictions
- (1)
- This section has effect for the purposes of an Act, a law of a participating Territory, or an instrument made under an Act or such a law.
- (2)
- If a law of a State provides that the Code set out in the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994 as in force for the time being applies as a law of that State, the Agvet Code of that State is the Code so set out, applying as a law of that State.
- (3)
- If a law of a State provides that the regulations in force for the time being under section 6 of the Agricultural and Veterinary Chemicals Code Act 1994 apply as regulations in force for the purposes of the Agvet Code of that State, the Agvet Regulations of that State are those regulations as so applying.
12 References to Agvet Codes and Agvet Regulations
- (1)
- The object of this section is to help ensure that the Agvet Code of the participating Territories can operate, in appropriate circumstances, as if that Code, together with the Agvet Code of each State, constituted a single national Agvet Code applying throughout Australia.
- (2)
- Subject to this section, a reference in an instrument to the Agvet Codes, or to the Agvet Regulations, is taken, for the purposes of the laws of the Commonwealth and of the laws of the participating Territories:
- (a)
- to be a reference to the Agvet Code, or to the Agvet Regulations, as the case may be, of the participating Territories; and
- (b)
- to include a separate reference to the Agvet Code, or to the Agvet Regulations, as the case may be, of each State.
- (3)
- Subsection (2) has effect except so far as the contrary intention appears in the instrument or the context of the reference otherwise requires.
Part 4—Application of Agvet Codes to the Crown
13 Agvet Code of the participating Territories
The Agvet Code of the participating Territories binds the Crown in all its capacities.
14 Agvet Code of other jurisdictions
The Agvet Code of each State binds the Crown in right of the Commonwealth, of the Australian Capital Territory and of Norfolk Island.
15 Crown not liable to prosecution
Nothing in this Part, or in the Agvet Code of any jurisdiction, renders the Crown liable to be prosecuted for an offence.
16 This Part overrides the prerogative
If, because of this Part, a provision of a law of the Commonwealth or of a State binds the Crown in right of the Commonwealth, of the Australian Capital Territory or of Norfolk Island, the Crown in that capacity is subject to that provision despite any prerogative right or privilege.
Section 17
Part 5—Performance of functions that corresponding laws of States confer on Commonwealth authorities and officers
17 Ministers
A corresponding law may confer prescribed functions and powers on a Minister.
18 Commonwealth authorities and officers
(1) A corresponding law of a jurisdiction may confer duties, functions and powers in respect of any matter arising in relation to the applicable provisions of the jurisdiction: - (a)
- upon the Administrative Appeals Tribunal; or
- (b)
- upon an inspector appointed under subsection 69F(1) of the
Agricultural and Veterinary Chemicals (Administration) Act 1992; or
(c) upon an analyst approved under section 69G of the
Agricultural and Veterinary Chemicals (Administration) Act 1992.
Note: Subsection 7(2) of the Agricultural and Veterinary Chemicals (Administration) Act 1992 deals with functions and powers conferred on the APVMA by State laws. - (2)
- A corresponding law may confer such other duties, functions and powers as are prescribed upon authorities and officers of the Commonwealth.
- (3)
- In enacting subsections (1) and (2), it is the intention of the Parliament to rely on all powers available to it under the Constitution.
Section 18A
18A Conferral of duties, functions and powers
(1)
Act No. 36 of 1994 as amended
This compilation was prepared on 30 July 2004 taking into account amendments up to Act No. 79 of 2004
The text of any of those amendments not in force on that date is appended in the Notes section
The operation of amendments that have been incorporated may be affected by application provisions that are set out in the Notes section
Prepared by the Office of Legislative Drafting, Attorney-General’s Department, Canberra
Part 1—Preliminary 2 1 Short title [see Note 1] ...................................................................... 2 2 Commencement [see Note 1]............................................................ 2 3 Object................................................................................................ 2 4 Definitions ........................................................................................ 3 5 Jervis Bay Territory .......................................................................... 5 6 Extension to external Territories....................................................... 5
Part 2—The Agvet Code, and the Agvet Regulations, of the participating Territories 6 7 Application of Agvet Code in the participating Territories............... 6 8 Application of Agvet Regulations in the participating Territories ......................................................................................... 6 9 Agvet Code of the participating Territories taken to be an Act .................................................................................................... 7 10 Relationship between the Agvet Code and Agvet Regulations of the participating Territories and the laws of a participating Territory....................................................................... 7
Part 3—Citing the Agvet Code and the Agvet Regulations 8 11 References to Agvet Code and Agvet Regulations of other jurisdictions....................................................................................... 8 12 References to Agvet Codes and Agvet Regulations.......................... 8
Part 4—Application of Agvet Codes to the Crown 10 13 Agvet Code of the participating Territories .................................... 10 14 Agvet Code of other jurisdictions ................................................... 10 15 Crown not liable to prosecution...................................................... 10 16 This Part overrides the prerogative ................................................. 10
Part 5—Performance of functions that corresponding laws of States confer on Commonwealth authorities and officers 11 17 Ministers ......................................................................................... 11 18 Commonwealth authorities and officers ......................................... 11 18A Conferral of duties, functions and powers....................................... 12 19 Gazette notices under corresponding laws ...................................... 12
Part 6—Jurisdiction of courts 13 20 Jurisdiction of Federal Court and courts of Territories ................... 13 21 Exercise of jurisdiction under cross-vesting provisions.................. 13
Part 7—Miscellaneous 14 22 Orders ............................................................................................. 14
23 Manufacturing principles................................................................ 14 24 Repeal and transitional provisions .................................................. 14 25 Regulations ..................................................................................... 15
Part 8—Imposition of fees and taxes 16 26 Fees (including taxes) ..................................................................... 16
Notes 17
legislation by the Parliament of the Commonwealth as a law for the government of the Australian Capital Territory and the adoption of that legislation by the Parliaments and legislatures of the States and the Northern Territory:
The Parliament of Australia enacts:
This Act may be cited as the Agricultural and Veterinary Chemicals Act 1994.
In this Act, unless the contrary intention appears:
Agvet Code of the participating Territories has the meaning given by subsection 5(1) of the Agricultural and Veterinary Chemicals Code Act 1994.
Agvet Codes has the meaning given by section 12.
Agvet Regulations has the meaning given by section 12.
Agvet Regulations of the participating Territories has the meaning given by subsection 5(2) of the Agricultural and Veterinary Chemicals Code Act 1994.
applicable provision, in relation to a jurisdiction, means a provision of: APVMA means the Australian Pesticides and Veterinary Medicines Authority continued in existence by section 6 of the Agricultural and Veterinary Chemicals (Administration) Act 1992.
Australia includes the external Territories to which this Act extends.
authority, in relation to the Commonwealth, includes: chemical product has the same meaning as in the Agvet Code of the participating Territories.
confer, in relation to a duty, includes impose.
corresponding Act means an Act of a State that corresponds to this Act.
instrument means any document whatever, including: modifications includes additions, omissions and substitutions.
officer, in relation to the Commonwealth, includes: repealed Act means the Agricultural and Veterinary Chemicals Act 1988.
State includes the Northern Territory.
Territory does not include the Northern Territory, Norfolk Island, the Territory of Christmas Island or the Territory of Cocos (Keeling) Islands.
For the purposes of this Act, the Jervis Bay Territory is taken to be part of the Australian Capital Territory.
This Act extends to every external Territory that is a participating Territory.
(1) The Code set out in the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994 as in force for the time being applies as a law for the government of the participating Territories.
(2) The provisions of that Code as so applying are in addition to, and do not affect, the Industrial Chemicals (Notification and Assessment) Act 1989, the Food Standards Australia New Zealand Act 1991 and the Therapeutic Goods Act 1989. The regulations in force for the time being under section 6 of the Agricultural and Veterinary Chemicals Code Act 1994 apply as regulations in force for the purposes of the Agvet Code of the participating Territories.
9 Agvet Code of the participating Territories taken to be an Act
The Agvet Code of the participating Territories is taken for all purposes to be an Act.
The Agvet Code of the participating Territories binds the Crown in all its capacities.
The Agvet Code of each State binds the Crown in right of the Commonwealth, of the Australian Capital Territory and of Norfolk Island.
Nothing in this Part, or in the Agvet Code of any jurisdiction, renders the Crown liable to be prosecuted for an offence.
If, because of this Part, a provision of a law of the Commonwealth or of a State binds the Crown in right of the Commonwealth, of the Australian Capital Territory or of Norfolk Island, the Crown in that capacity is subject to that provision despite any prerogative right or privilege.
Section 17
A corresponding law may confer prescribed functions and powers on a Minister.
(1) A corresponding law of a jurisdiction may confer duties, functions and powers in respect of any matter arising in relation to the applicable provisions of the jurisdiction: Agricultural and Veterinary Chemicals (Administration) Act 1992; or
(c) upon an analyst approved under section 69G of the
Agricultural and Veterinary Chemicals (Administration) Act 1992.
Note: Subsection 7(2) of the Agricultural and Veterinary Chemicals (Administration) Act 1992 deals with functions and powers conferred on the APVMA by State laws. Section 18A
18A Conferral of duties, functions and powers
(1) Contents
An Act to make a law for the government of certain Territories in relation to the evaluation, registration and control of agricultural and veterinary chemical products, and for related purposes
Recognising:
Part 1—Preliminary
1 Short title [see Note 1]
2 Commencement [see Note 1]
3 Object
4 Definitions
corresponding law means:
jurisdiction means:
(iii) an appointment made by the Governor-General or a Minister but not under an Act; and participating Territory means:
5 Jervis Bay Territory
6 Extension to external Territories
Part 2—The Agvet Code, and the Agvet Regulations, of the participating Territories
7 Application of Agvet Code in the participating Territories
8 Application of Agvet Regulations in the participating Territories
10 Relationship between the Agvet Code and Agvet Regulations of the participating Territories and the laws of a participating Territory
Part 3—Citing the Agvet Code and the Agvet Regulations
11 References to Agvet Code and Agvet Regulations of other jurisdictions
12 References to Agvet Codes and Agvet Regulations
Part 4—Application of Agvet Codes to the Crown
13 Agvet Code of the participating Territories
14 Agvet Code of other jurisdictions
15 Crown not liable to prosecution
16 This Part overrides the prerogative
Part 5—Performance of functions that corresponding laws of States confer on Commonwealth authorities and officers
17 Ministers
18 Commonwealth authorities and officers