- Agriculture, Fisheries and ForestryLegislation Amendment Act (No. 1) 1999
- Contents
- 1 Short title
- 2 Commencement
- 3 Schedule(s)
- Schedule 1—Amendment of the Agriculturaland Veterinary Chemicals(Administration) Act 1992
- Part 7B—Modification of the Agvet Codes for thepurpose of giving effect to paragraph 3 ofArticle 39 of the TRIPS Agreement
- 69EV Definitions
- 69EW Modification of Agvet Codes
- 69EX Application of Part
- 69EY NRA not to grant current application except in certaincircumstances
- 69EZ Approval given in contravention of section 69EY is not invalidbut is to be cancelled
- 69EZA Power of NRA to grant multiple approvals to be subject tosection 69EY
- 69EZB Power of NRA to use information obtained by it for otherpurposes not to be affected
- Schedule 2—Amendment of the Dairy ProduceAct 1986
- Schedule 3—Amendment of the ExportControl Act 1982
- Schedule 4—Amendment of the ImportedFood Control Act 1992
- Schedule 5—Amendment of the PlantBreeder’s Rights Act 1994
Agriculture, Fisheries and Forestry Legislation Amendment Act (No. 1) 1999
Contents
1 Short title...........................................................................................1 2 Commencement.................................................................................2 3 Schedule(s)........................................................................................2
No. 4, 1999
[Assented to 31 March 1999]
This Act may be cited as the Agriculture, Fisheries and Forestry Legislation Amendment Act (No. 1) 1999.
This Act commences on the day on which it receives the Royal Assent.
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1
Insert:
(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.
(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.
This Part applies to an application (the current application) made to the NRA after the commencement of this Part for approval of an active constituent for a proposed or existing chemical product where: The NRA must not grant the current application unless:
(a) the person who made that application: Schedule 1
(b) at least 5 years have elapsed since the previous application was determined by the NRA or was withdrawn, as the case may be.
(1) If: approval; the approval is not invalid.
(2) However, the NRA must cancel the approval when it finds out that the giving of the approval was prohibited by section 69EY.
The power of the NRA 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.
Except as provided by section 69EY, the power of the NRA under subsection 58(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.
Omit “section 108E”, substitute “sections 108E and 108EA”.
Omit “section 108F”, substitute “sections 108EB and 108F”.
Insert:
After “108E”, insert “, 108EA, 108EB”.
Insert:
enter, in relation to an aircraft, vehicle or ship, includes go on board.
Repeal the definition, substitute:
establishment includes premises.
Insert:
evidential material means any of the following things, including such a thing in electronic form: Insert:
executing officer, for a warrant, means the person named in the warrant as being responsible for executing the warrant.
5 Section 3
Insert:
magistrate means a magistrate who is remunerated by salary or otherwise.
Insert:
occupier of premises means the person apparently in charge of the premises.
Repeal the paragraph.
Omit “or the regulations”.
9 Section 3
Insert:
officer assisting, in relation to a warrant, means: 10 Section 3 (definition of premises)
Repeal the definition, substitute:
premises includes the following: 11 Section 3
Insert:
preparation, in relation to prescribed goods, includes the
following: 12 Section 3
Insert:
this Act includes the regulations.
13 After subsection 7(3)
Insert:
(3A) Without limiting the generality of subsection (2), regulations made for the purposes of subsection (1): (iii) the variation, suspension or revocation of any or all of the conditions or restrictions to which an approval of an arrangement is subject, or the imposition of further conditions or restrictions; or
(iv) persons (including persons approved by the Secretary under the regulations and authorized officers) who may exercise powers and perform functions under, or for the purposes of, an approved arrangement.
14 Subsection 7(4)
Omit “subparagraph (3)(b)(ii)”, substitute “subparagraphs (3)(b)(ii) and (3A)(b)(i)”.
Repeal the heading, substitute:
Repeal the sections, substitute:
No. 4, 1999 Agriculture, Fisheries and Forestry Legislation Amendment Act (No. 1) 1999
No. 4, 1999
An Act to amend various Acts administered by the Department of Agriculture, Fisheries and Forestry, and for related purposes
Schedule 1—Amendment of the Agricultural and Veterinary Chemicals (Administration) Act 1992 3 Schedule 2—Amendment of the Dairy Produce Act 1986 6 Schedule 3—Amendment of the Export Control Act 1982 10 Schedule 4—Amendment of the Imported Food Control Act 1992 34 Schedule 5—Amendment of the Plant Breeder’s Rights Act 1994 38
Agriculture, Fisheries and Forestry Legislation Amendment Act (No. 1) 1999
An Act to amend various Acts administered by the Department of Agriculture, Fisheries and Forestry, and for related purposes
The Parliament of Australia enacts:
1 Short title
2 Commencement
3 Schedule(s)
Schedule 1—Amendment of the Agricultural and Veterinary Chemicals (Administration) Act 1992
1 After Part 7A
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
69EW Modification of Agvet Codes
69EX Application of Part
69EY NRA not to grant current application except in certain circumstances
69EZ Approval given in contravention of section 69EY is not invalid but is to be cancelled
69EZA Power of NRA to grant multiple approvals to be subject to section 69EY
69EZB Power of NRA to use information obtained by it for other purposes not to be affected
Schedule 2—Amendment of the Dairy Produce Act 1986
1 Paragraph 106(c)
2 Paragraph 106(d)
3 After section 108E
108EA Levy rebates: Victorian gas supply failure
108EB Payment to milk producers: Victorian gas supply failure
4 Subsection 118(1) (definition of relevant payment decision)
Schedule 3—Amendment of the Export Control Act 1982
1 Section 3
2 Section 3 (definition of establishment)
3 Section 3
4 Section 3
6 Section 3
7 Section 3 (paragraph (a) of the definition of offence against this Act)
8 Section 3 (paragraphs (b) and (c) of the definition of offence against this Act)
15 Part III (heading)
Part III—Enforcement
16 Sections 10 and 11
Division 1—General powers