This compilation was prepared on 7 July 2008 taking into account amendments up to Act No. 73 of 2008
The text of any of those amendments not in force on that date is appended in the Notes section
The operation of amendments that have been incorporated may be affected by application provisions that are set out in the Notes section
Prepared by the Office of Legislative Drafting and Publishing, Attorney-General’s Department, Canberra
Part 1—Preliminary 1 1 Short title [see Note 1].......................................................................1 2 Commencement [see Note 1].............................................................1 3 Object................................................................................................1 4 Interpretation.....................................................................................1 5 Extension to external Territories .......................................................2 5A Application of the Criminal Code .....................................................3
Part 2—Establishment, functions and powers of APVMA 4 6 Australian Pesticides and Veterinary Medicines Authority...............4 7 Functions and powers........................................................................4 7AA APVMA’s assets are Commonwealth assets.....................................6 7AB APVMA’s liabilities areCommonwealth liabilities..........................6 7A Annual publication of standards for certain residues of chemical products..............................................................................7 8 Consultation ......................................................................................7 8A Consultation with Gene Technology Regulator.................................8 9 Agreements and arrangements.........................................................10 9A APVMA to comply with policies of Governments of Commonwealth, States and participating Territories.......................10 10 Minister may give directions...........................................................10 10A Chief Executive Officer not subject to direction on certain matters.............................................................................................11 11 Delegation by APVMA...................................................................11
Part 3—Constitution of APVMA and Advisory Board 12
Division 1—Constitution of APVMA 12 12 APVMA is body corporate etc. .......................................................12 13 Constitution of APVMA..................................................................12
Division 2—The Advisory Board 13 14 Establishment..................................................................................13 15 Membership.....................................................................................13 16 Function of Advisory Board............................................................13
Division 3—Appointment etc. of members of Advisory Board 14 17 Appointment....................................................................................14 18 Termof appointment.......................................................................15 19 Remunerationand allowances.........................................................15 21 Leave ofabsence.............................................................................16 22 Resignation......................................................................................16 23 Standing obligation to disclose interests..........................................16 24 Termination of appointment............................................................16
25 Terms and conditions of appointment not provided for by Act...................................................................................................16
Division 4—Advisory Board procedures 17 26 Meetings between the Chief Executive Officer and the Advisory Board ...............................................................................17 27 Meetings of the Advisory Board......................................................18
Division 5—Committees 20 28 Establishment of committees...........................................................20 29 Meetings of committees...................................................................20 29A Remuneration and allowances of committee members....................21 30 Arrangements relating to staff etc....................................................21
Part 4—Chief Executive Officer 23 31 Chief Executive Officer...................................................................23 32 Duties ..............................................................................................23 32A Working with the Advisory Board...................................................23 33 Appointment....................................................................................23 34 Termof appointment.......................................................................24 35 Remunerationand allowances.........................................................24 37 Terms and conditions of appointment .............................................24 38 Chief Executive Officer not to engage in other paid
employment.....................................................................................24 39 Leave of absence for recreation.......................................................24 40 Leave of absence for other purposes................................................25 41 Resignation......................................................................................25 41A Termination of appointment............................................................25 42 Disclosure of interests .....................................................................25 43 Acting Chief Executive Officer.......................................................26 44 Delegation by the Chief Executive Officer......................................26
Part 5—Staff and consultants 27 45 Staff.................................................................................................27 46 Staff to be made available to the APVMA ......................................27 47 Consultants......................................................................................28
Part 6—Corporate and annual operational plans 29 50 Development of corporate plan .......................................................29 51 Approval of corporate plan..............................................................29 52 Variation of corporate plans............................................................30 55 Development of annual operational plan.........................................30 56 Approval of annual operational plan ...............................................31 57 Variation of annual operational plan ...............................................31
Part 7—Finance and reporting requirements 32
Division 1—Australian Pesticides and Veterinary Medicines Special Account 32 58 Australian Pesticides and Veterinary Medicines Special
Account ...........................................................................................32
59 Credits to the Account.....................................................................32
60 Purposes of the Account..................................................................32
Division 2—Reporting requirements 34 61 Annual report...................................................................................34
Division 3—Exemption from taxation 35 62 Exemption from taxation.................................................................35
Part 7A—Importation, manufacture and exportation of chemicals 36
Division 1—Interpretation 36 69A Interpretation...................................................................................36
Division 2—Importation, manufacture and exportation 37 69B Importation offence.........................................................................37 69CA Providing information about certain chemical products etc.
to comply with international agreements.........................................38 69CB Providing information about certain chemical products etc.
under international consideration ....................................................39
69CC Relevant agency to provideinformation to other countries.............41
69CD Offences relating to providing information under
sections 69CA and 69CB.................................................................42 69C Prohibition on import, manufacture, use or export of certain
chemical products etc. under international agreements ...................43 69D Export of chemical products............................................................44 69E Annual returns.................................................................................45 69EA Keeping of records ..........................................................................46 69EAA Definitions.......................................................................................47
Division 3—Powers of entry, search and seizure 48 69EB Searches to monitor compliance with Part.......................................48 69EC Offence-relatedsearches and seizures.............................................49 69ED Offence-related warrants .................................................................50 69EE Announcement before entry ............................................................51 69EF Details of warrant tobe given tooccupier.......................................51 69EG Use of equipment to examine or process things ..............................51 69EH Use of electronic equipment atpremises.........................................52 69EI Compensation for damage to electronic equipment.........................54 69EJ Copies of seized things to be given .................................................54 69EK Return of things that are seized .......................................................55
69EL Court of summary jurisdiction may permit a thing to be kept.........55 69EM Warrants may be granted by telephone in urgent
circumstances ..................................................................................56
69EN Power of inspector to require information or documents.................57
69EO False or misleading information or document .................................58
Division 4—Miscellaneous 60 69EP Hearings ..........................................................................................60 69EQ Self-incrimination to be a reasonable excuse for
non-compliance with requirement...................................................61 69ER Copying of documents.....................................................................61 69ES Evidentialcertificates......................................................................61 69ET Forfeiture.........................................................................................62 69EU Conduct by directors, servants and agents.......................................63
Part 7B—Modification of the Agvet Codes for the purpose of giving effect to paragraph 3 of Article 39 of the TRIPS Agreement 65 69EV Definitions.......................................................................................65 69EW Modification of Agvet Codes..........................................................65 69EX Application of Part ..........................................................................65 69EY APVMA not to grant current application except in certain circumstances ..................................................................................66 69EZ Approval given in contravention of section 69EY is not invalid but is to be cancelled ...........................................................66 69EZA Power of APVMA to grant multiple approvals to be subject to section 69EY...............................................................................67 69EZB Power of APVMA to use information obtained by it for other purposes not tobe affected..............................................................67
Part 8—Miscellaneous 68 69F Appointment of inspectors...............................................................68 69G Approval of analysts........................................................................69 69H Exemptions from liability for damages............................................69 69J Documents or substances held by APVMA at
commencement of Agvet Codes......................................................71 70 Acts done by APVMA.....................................................................71 71 Delegation by Minister....................................................................72 73 Regulations......................................................................................73
Part 9—Transitional provisions 74 74 Staff.................................................................................................74 75 Transfers of certain assets to APVMA ............................................74 76 Agreementsetc.—Minister may make arrangements......................75 77 Estimates .........................................................................................75 78 Money paid in advance to Commonwealth .....................................76
79 Rights in respect of services and facilities formerly provided
by Department.................................................................................76
80 Delegations......................................................................................77
Notes 79
An Act to establish an authority for the registration of agricultural and veterinary chemicals, and for related purposes
This Act may be cited as the Agricultural and Veterinary Chemicals (Administration) Act 1992.
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.
In this Act, unless the contrary intention appears:
Advisory Board means the Advisory Board of the APVMA established by section 14.
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. committee means a committee established under section 28. Finance Minister means the Minister who administers the
Financial Management and Accountability Act 1997.
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:
member of the staff, in relation to the APVMA, means:
participating Territory has the same meaning as in the Agricultural and Veterinary Chemicals Act 1994.
State includes the Northern Territory.
Territory does not include the Northern Territory.
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.
Part 2—Establishment, functions and powers of APVMA
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.
(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:
(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.
(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.
Note: Paragraph (a)—the Chief Executive Officer may also enter into contracts on behalf of the Commonwealth. See section 44 of the Financial Management and Accountability Act 1997.
(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.
7AA APVMA’s assets are Commonwealth assets
Note: The Commonwealth may hold real or personal property or money on trust.
7AB APVMA’s liabilities are Commonwealth liabilities
financial liability means a liability to pay a person an amount if the amount, or the method for working out the amount, has been determined.
7A Annual publication of standards for certain residues of chemical products
protected commodity has the same meaning as in the Agvet Code.
(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, bodies or Governments, including:
(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, body or Government concerned:
8A Consultation with Gene Technology Regulator
(iii) the approval of a label for containers for the chemical product; if the variation may affect the GM product;
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.
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 Financial Management and Accountability Act 1997 or as an Agency Head under the Public Service Act 1999.
(1) The APVMA may, by writing under its common seal, delegate to:
1999; all or any of the APVMA’s powers and functions.
(2) A delegate of the APVMA is, in the exercise of the delegate’s delegated powers and functions, subject to the APVMA’s directions.
Section 12
Part 3—Constitution of APVMA and Advisory Board
Division 1—Constitution of APVMA
Section 14
Division 2—The Advisory Board
The Advisory Board of the APVMA is established by this section.
The Advisory Board consists of up to 9 Board members.
Section 17
Division 3—Appointment etc. of members of Advisory Board
Section 18
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 subsection 33(4A) of the Acts Interpretation Act 1901.
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.
Parliament of a State:
State includes the Australian Capital Territory and the Northern Territory.
Section 21
24 Termination of appointment
The Minister may terminate the appointment of a Board member.
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.
Section 26
Division 4—Advisory Board procedures
Holding meetings
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
Attendance by the Secretary
(6) The Secretary, or a person authorised by the Secretary, may attend meetings.
Section 27
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.
Disclosure of interest by a Board member
(8) If a Board member has a direct or indirect financial interest in a matter being considered, or about to be considered, at the meeting, being an interest that could conflict with the proper performance of the Advisory Board’s function, then the Board member must disclose that interest to the Chief Executive Officer as soon as practicable.
Disclosure to be recorded in the minutes of the meeting
(9) Any disclosure under subsection (8), and any decision made by the Chief Executive Officer in relation to the disclosure, must be recorded in the minutes of the meeting.
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.
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.
Section 27
Disclosure of interest by a Board member
(5) If a Board member has a direct or indirect financial interest in a matter being considered, or about to be considered, at a meeting, being an interest that could conflict with the proper performance of the Advisory Board’s function, then the Board member must disclose that interest to the other Board members as soon as practicable.
Disclosure to be recorded in the minutes of the meeting
(6) Any disclosure under subsection (5), and any decision made by the Board in relation to the disclosure, must be recorded in the minutes of the meeting.
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.
Section 28
Division 5—Committees
Section 29A
29A Remuneration and allowances of committee members
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.
Parliament of a State:
State includes the Australian Capital Territory and the Northern Territory.
The Chairperson of a committee is to arrange with the Chief Executive Officer for the services of employees of, and consultants
Section 30
to, the APVMA, and for facilities of the APVMA, to be made available to the committee.
Part 4—Chief Executive Officer
There is to be a Chief Executive Officer of the APVMA.
32A Working with the Advisory Board
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.
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.
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.
The Chief Executive Officer has such recreation leave entitlements as are determined by the Remuneration Tribunal.
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.
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:
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.
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).
Part 5—Staff and consultants
perform services in connection with the performance or exercise of any of its functions or powers.
(3) In the performance of services for the APVMA under this section, a person is subject to the directions of the Chief Executive Officer.
Part 6—Corporate and annual operational plans
50 Development of corporate plan
51 Approval of corporate plan
52 Variation of corporate plans
55 Development of annual operational plan
56 Approval of annual operational plan
the Minister’s approval; whichever is the later.
57 Variation of annual operational plan
Section 58
Part 7—Finance and reporting requirements
Division 1—Australian Pesticides and Veterinary Medicines Special Account
58 Australian Pesticides and Veterinary Medicines Special Account
59 Credits to the Account
There must be credited to the Account amounts equal to the following:
Note: An Appropriation Act provides for amounts to be credited to a Special Account if any of the purposes of the Account is a purpose that is covered by an item in the Appropriation Act.
60 Purposes of the Account
(1) This section sets out the purposes of the Account.
Section 60
(2) Amounts standing to the credit of the Account may be debited for the following purposes:
Note: See section 21 of the Financial Management and Accountability Act 1997.
Section 61
Division 2—Reporting requirements
61 Annual report
Annual report to be given to Minister
(1) The APVMA must, as soon as practicable after 30 June in each financial year, prepare and give to the Minister a report (an annual report) on the APVMA’s operations during that year.
Note: See also section 34C of the Acts Interpretation Act 1901, which contains provisions about annual reports.
Contents of annual report
(2) The APVMA must include in the report the following:
Section 62
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.
Section 69A
Part 7A—Importation, manufacture and exportation of chemicals
Division 1—Interpretation
69A Interpretation
Section 69B
Division 2—Importation, manufacture and exportation
69B Importation offence
(1) A person must not:
Penalty: 300 penalty units.
(1A) Subsection (1) 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 (1) 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) In subparagraph (1)(a)(i), strict liability applies to the physical element of circumstance, that the 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) In subparagraph (1)(a)(ii), strict liability applies to the physical element of circumstance, 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.
Section 69CA
(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.
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.
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;
Section 69CB
(3) For each constituent or product, the regulations must identify the relevant international agreement or arrangement.
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:
Section 69CB
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:
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:
Section 69CC
(iii) within a Territory; or
(iv) between a State and a Territory or between 2 Territories;
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
(a) the terms of any relevant international agreement or arrangement; and
Section 69CD
(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 Offences relating to providing information under sections 69CA and 69CB
Offence for failing to provide information
(1) A person commits an offence if:
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.
Offence for false or misleading information
(3) A person commits an offence if:
(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.
Section 69C
(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.
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:
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:
(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 force for Australia, but must not be expressed to come into force before that time.
Section 69D
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.
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:
(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).
Section 69E
(1C) A notice given under subsection (1A) must include a statement to the effect that:
(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:
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 subject to those conditions, as the case may be, and the reasons for that refusal, suspension, cancellation or imposition of conditions.
69E Annual returns
(1) Subject to subsection (2), a person who imports into, manufactures in, or exports from, Australia:
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
Section 69EA
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.
Penalty: 30 penalty units.
(2) Subsection (1) does not apply 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) An offence under subsection (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
(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:
Penalty: 30 penalty units.
Section 69EAA
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:
Penalty: 30 penalty units.
Strict liability
(2) An offence under subsection (1) or (1A) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
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.
Section 69EB
Division 3—Powers of entry, search and seizure
69EB Searches to monitor compliance with Part
receipt in or to the effect of the approved form for the sample taken or thing seized.
(3) An inspector may not, under subsection (1), enter premises that are a residence unless the occupier of the premises has consented to the entry.
Section 69EC
Note: The defendant bears an evidential burden in relation to the matter in subsection (7). See subsection 13.3(3) of the Criminal Code.
(8) An offence under subsection (6) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
69EC Offence-related searches and seizures
(1) If an inspector has reasonable grounds for suspecting that there may be at any premises a particular thing that may be evidence of the commission of an offence against this Part, the inspector, with any necessary help, may:
Section 69ED
(2) If, in the course of searching, under a warrant issued under section69ED, for a particular thing in relation to a particular offence, an inspector finds another thing that the inspector believes, on reasonable grounds, to be:
offence against this Part; and the inspector believes, on reasonable grounds, that it is necessary to seize the other thing in order to prevent its concealment, loss or destruction, or its use in committing, continuing or repeating the offence or the other offence, the warrant is taken to authorise the inspector to seize the other thing.
69ED Offence-related warrants
Section 69EE
69EE Announcement before entry
69EF Details of warrant to be given to occupier
69EG Use of equipment to examine or process things
(1) An inspector who enters premises under section 69EB or 69EC or a person helping the inspector may bring to the premises any
Section 69EH
equipment reasonably necessary for the examination or processing of things found at the premises in order to determine whether they are things that may be seized under that section.
(2) If:
are things that may be seized under section 69EB or 69EC, as the case may be.
69EH Use of electronic equipment at premises
(1) Subject to subsection (4), if a thing found at premises that an inspector has entered under section 69EB or 69EC is or includes records of information in a written or electronic form, the inspector or a person helping the inspector may operate, or the inspector may require the occupier or an employee of the occupier who is present to operate, equipment at the premises to see whether:
(a) the equipment; or
Section 69EH
(b) a disk, tape or other storage device that:
contains records that are relevant to determining whether this Part has been complied with.
(2) If the inspector or a person helping the inspector, after equipment at the premises is operated, finds that the equipment contains records of that kind or that a disk, tape or other storage device at the premises contains records of that kind, he or she may:
operate the equipment or other facilities to copy the records to the storage device and remove the storage device from the premises.
Section 69EI
69EI Compensation for damage to electronic equipment
(1) If:
the equipment; the APVMA must pay compensation for the damage to the owner of the equipment.
(2) In determining the amount of compensation payable, regard is to be had to whether the occupier of the premises and the employees and agents of the occupier, if they were available at the time, had provided any warning or guidance as to the operation of the equipment that was appropriate in the circumstances.
69EJ Copies of seized things to be given
(1) Subject to subsection (2), if an inspector who has entered premises under section 69EB or 69EC seizes:
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) Subsection (1) does not apply if:
Section 69EK
69EK Return of things that are seized
69EL Court of summary jurisdiction may permit a thing to be kept
(1) If:
proceedings in which the thing may be used in evidence have not been brought, the inspector may apply to a court of summary jurisdiction for an order that he or she may keep the thing for a further period.
(2) If the court is satisfied that it is necessary for the inspector to continue to keep the thing:
(a) for the purposes of an investigation as to whether an offence has been committed; or
Section 69EM
(b) to enable evidence of an offence to be secured for the
purposes of a prosecution; the court may order that the inspector may keep the thing for a period stated in the order.
(3) If the court thinks that notice of the application should be given to any person, it may require such a notice to be given before it hears the application.
69EM Warrants may be granted by telephone in urgent circumstances
that there are reasonable grounds for issuing the warrant, the magistrate must complete and sign such a search warrant as the magistrate would have issued under section 69ED if the application had been made in accordance with that section.
(4) If a magistrate signs a warrant under subsection (3):
Section 69EN
name of the magistrate and the date on which and the time at which the warrant was signed.
69EN Power of inspector to require information or documents
Section 69EO
Penalty: 30 penalty units.
(4) Subsection (3) does not apply if the person has a reasonable excuse.
Note: The defendant bears an evidential burden in relation to the matter in subsection (4). See subsection 13.3(3) of the Criminal Code.
(5) An offence under subsection (3) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
69EO False or misleading information or document
(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
Section 69EO
(ii) providing correct information to that person if the person producing the document is in possession of, or can reasonably acquire, the correct information.
(4) The penalty for an offence against subsection (3) is a fine not exceeding 60 penalty units.
Section 69EP
Division 4—Miscellaneous
69EP Hearings
Penalty: 20 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:
(a) is a Board member, or the Chief Executive Officer, of the APVMA; or
Section 69EQ
Penalty: 20 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.
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 this Part that the information, the production of the document or the doing of that other thing would tend to incriminate the person.
69ER Copying of documents
If an inspector inspects a document under section 69EB or seizes a document under section 69EC or a person produces a document to an inspector in accordance with a requirement under subsection 69EN(1), the inspector may make copies of, or take extracts from, the document.
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
Section 69ET
than a proceeding for an offence that is directly punishable by imprisonment.
69ET Forfeiture
Section 69EU
69EU Conduct by directors, servants and agents
Section 69EU
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.
Section 69EV
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.
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:
Section 69EY
69EY APVMA not to grant current application except in certain circumstances
The APVMA must not grant the current application unless:
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
Section 69EZA
(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 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.
Part 8—Miscellaneous
69F Appointment of inspectors
powers and perform the functions of inspectors for the purposes of a particular relevant law.
Penalty: One penalty unit.
(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:
69G Approval of analysts
69H Exemptions from liability for damages
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, granted listed registration to 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.
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:
(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, a registered listed chemical product or a reserved chemical product;
is, upon mere production, receivable as prima facie evidence of the matters stated in the certificate.
(2) A certificate that:
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
73 Regulations
The Governor-General may make regulations prescribing all matters:
Part 9—Transitional provisions
74 Staff
(1) A person who:
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
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:
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:
related to chemical products; has effect, after that commencement, as if:
and, if the Minister makes such a declaration, it has effect accordingly.
77 Estimates
Unless the Minister otherwise directs, the first period for which estimates are to be prepared under subsection 61(1) is to be the period beginning on the day on which this Act commences and ending on the following 30 June.
78 Money paid in advance to Commonwealth
If:
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:
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:
continued by the APVMA and the APVMA is to be substituted for the Commonwealth.
(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.
Table of Acts
Notes to the Agricultural and Veterinary Chemicals (Administration) Act 1992
Note 1
The Agricultural and Veterinary Chemicals (Administration) Act 1992 as shown in this compilation comprises Act No. 262, 1992 amended as indicated in the Tables below.
For all relevant information pertaining to application, saving or transitional provisions see Table A.
Table of Acts
Act Number Date Date of Application, and year of Assent commencement saving or transitional provisions
Agricultural and Veterinary 262, 1992 24 Dec 1992 15 June 1993 (see Chemicals Gazette 1993, No. (Administration) Act 1992 GN22)
Primary Industries and 94, 1993 16 Dec 1993 Parts 11 and 12 — Energy Legislation (ss. 47–65): 1 Jan Amendment Act 1993 1994
S. 69(1)(b): 1 July 1989 Remainder: Royal Assent
Agricultural and Veterinary 37, 1994 15 Mar 1994 15 Mar 1995 (see — Chemicals (Consequential s. 2) Amendments) Act 1994
Agricultural and Veterinary 76, 1994 21 June 1994 1 July 1994 (see s. — Chemicals 2(1) and Gazette (Administration) 1994, No. S222) Amendment Act 1994
Primary Industries and 94, 1994 29 June 1994 S. 11: (a) — Energy Legislation Amendment Act 1994
Customs, Excise and 85, 1995 1 July 1995 S. 12: 1 July 1995 — Bounty Legislation (b) Amendment Act 1995
Primary Industries and 59, 1996 20 Nov 1996 Schedule 2: Royal — Energy Legislation Assent (c) Amendment Act (No. 2) 1996
Audit (Transitional and 152, 1997 24 Oct 1997 Schedule 2 — Miscellaneous) (items 142–151): 1 Amendment Act 1997 Jan 1998 (see Gazette 1997, No. GN49) (d)
Table of Acts
Act | Number | Date | Date of | Application, |
and year | of Assent | commencement | saving or | |
transitional | ||||
provisions | ||||
Primary Industries and | 102, 1998 | 30 July 1998 | 30 July 1998 | — |
Energy Legislation | ||||
Amendment Act (No. 1) | ||||
1998 | ||||
Agriculture, Fisheries and | 4, 1999 | 31 Mar 1999 | 31 Mar 1999 | — |
Forestry Legislation | ||||
Amendment Act (No. 1) | ||||
1999 | ||||
Public Employment | 146, 1999 | 11 Nov 1999 | Schedule 1 | — |
(Consequential and | (items 58–61): 5 | |||
Transitional) Amendment | Dec 1999 (see | |||
Act 1999 | Gazette 1999, No. | |||
S584) (e) | ||||
Corporate Law Economic | 156, 1999 | 24 Nov 1999 | Schedule 10 | — |
Reform Program Act 1999 | (item 12): 13 Mar | |||
2000 (see Gazette | ||||
2000, No. S114) (f) | ||||
Criminal Code Amendment | 137, 2000 | 24 Nov 2000 | Ss. 1–3 and | Sch. 2 |
(Theft, Fraud, Bribery and | Schedule 1 | (items 418, | ||
Related Offences) Act | (items 1, 4, 6, 7, | 419) | ||
2000 | 9–11, 32): Royal | |||
Assent | ||||
Remainder: | ||||
24 May 2001 | ||||
Gene Technology | 170, 2000 | 21 Dec 2000 | 22 June 2001 (see | — |
(Consequential | s. 2) | |||
Amendments) Act 2000 | ||||
Agriculture, Fisheries and | 115, 2001 | 18 Sept 2001 | 16 Oct 2001 | S. 4 |
Forestry Legislation | ||||
Amendment (Application | ||||
of Criminal Code) Act | ||||
2001 | ||||
Agricultural and Veterinary | 13, 2003 | 8 Apr 2003 | S. 4 and | Sch. 2 |
Chemicals Legislation | Schedules 1, 2 | (items 6, 8) | ||
Amendment Act 2003 | and 3: 8 October | |||
2003 | ||||
Remainder: Royal | ||||
Assent | ||||
Agricultural and Veterinary | 12, 2004 | 11 Mar 2004 | 12 Mar 2004 | — |
Chemicals | ||||
(Administration) | ||||
Amendment Act 2004 | ||||
Agricultural and Veterinary | 79, 2004 | 23 June 2004 | Schedule 1 | — |
Chemicals Legislation | (items 7–131): | |||
Amendment (Name | 30 July 2004 (see | |||
Change) Act 2004 | Gazette 2004, No. | |||
GN30) | ||||
US Free Trade Agreement | 120, 2004 | 16 Aug 2004 | Schedule 2 | — |
Implementation Act 2004 | (item 2): 1 Jan | |||
2005 |
Table of Acts
Act | Number | Date | Date of | Application, |
and year | of Assent | commencement | saving or transitional | |
provisions | ||||
Financial Framework | 8, 2005 | 22 Feb 2005 | S. 4, Schedule 1 | S. 4, Sch. |
Legislation Amendment Act 2005 | (items 72, 73, 496) and Schedule 2 (items 13–20, 174): Royal Assent | 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 June 2008 | Schedule 1 (item 4): (g) | — |
Act Notes
(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.
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information
Column 1 Column 2 Column 3
Provision(s) Commencement Date/Details
5. Schedule 1, Immediately after the commencement of item 51 of 1 July 2007
item 4 Schedule 1 to the Agricultural and Veterinary Chemicals (Administration) Amendment Act 2007.
Table of Amendments
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
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
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 Note to s. 7(3) ........................... ad. No. 90, 2007 Ss. 7AA, 7AB ............................ ad. No. 90, 2007
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
S. 8A ......................................... ad. No. 170, 2000 am. No. 13, 2003; No. 79, 2004
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, 2007
S. 10A ....................................... ad. No. 90, 2007 Heading to s. 11 ........................ am. No. 79, 2004
S. 11.......................................... am. No. 146, 1999; No. 79, 2004; No. 90, 2007
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
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected How affected
Division 2
Heading to Div. 2 of Part 3 ........
S. 14..........................................
S. 15..........................................
S. 16..........................................
Division 3
Heading to Div. 3 of Part 3 ........ Ss. 17–19 ..................................
S. 20..........................................
ad. No. 90, 2007 am. No. 102, 1998 rs. No. 90, 2007 am. No. 79, 2004 rs. No. 90, 2007 rs. No. 90, 2007
ad. No. 90, 2007 rs. No. 90, 2007 rep. No. 90, 2007
Ss. 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
S. 24.......................................... am. No. 152, 1997; No. 156, 1999; No. 79, 2004 rs. No. 90, 2007
S. 25.......................................... am. No. 90, 2007
Division 4
Heading to Div. 4 of Part 3 ........ ad. No. 90, 2007 Heading to s. 26 ........................ am. No. 79, 2004
S. 26.......................................... am. No. 37, 1994; No. 79, 2004 rs. No. 90, 2007
S. 27.......................................... am. No. 79, 2004 rs. No. 90, 2007
Division 5
Heading to Div. 5 of Part 3 ........ ad. No. 90, 2007
S. 28..........................................
S. 29..........................................
S. 29A .......................................
S. 30..........................................
Part 4
S. 31..........................................
S. 32..........................................
S. 32A .......................................
S. 33..........................................
S. 34..........................................
S. 35..........................................
S. 36..........................................
Ss. 37, 38 ..................................
am. No. 79, 2004; No. 90, 2007 am. No. 79, 2004 ad. No. 90, 2007 am. No. 79, 2004; No. 90, 2007
am. No. 79, 2004 am. No. 37, 1994; No. 79, 2004; No. 90, 2007 ad. No. 90, 2007 am. No. 79, 2004 rs. No. 90, 2007 am. No. 79, 2004; No. 90, 2007 am. No. 79, 2004 rs. No. 90, 2007 am. No. 79, 2004 rep. No. 90, 2007 am. No. 79, 2004; No. 90, 2007
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected How affected
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
S. 42.......................................... am. No. 90, 2007
S. 43.......................................... am. No. 13, 2003; No. 79, 2004; No. 90, 2007
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
S. 51.......................................... am. No. 37, 1994; No. 79, 2004 rs. No. 90, 2007
Heading to s. 52 ........................ am. No. 79, 2004 rs. No. 90, 2007
S. 52.......................................... am. No. 79, 2004 rs. No. 90, 2007
Ss. 53, 54 .................................. am. No. 79, 2004 rep. No. 90, 2007
S. 55.......................................... am. No. 13, 2003; No. 79, 2004; No. 90, 2007
S. 56.......................................... am. No. 79, 2004
S. 57.......................................... am. No. 79, 2004; No. 90, 2007; No. 73, 2008
Part 7
Part 7......................................... rs. No. 90, 2007
Division 1
S. 58.......................................... am. Nos. 37 and 76, 1994; No. 59, 1996; No. 79, 2004; Nos. 8 and 42, 2005 rs. No. 90, 2007
Heading to s. 59 ........................ am. No. 79, 2004 rs. No. 90, 2007
S. 59.......................................... am. No. 79, 2004; No. 8, 2005 rs. No. 90, 2007
Heading to s. 59A...................... am. No. 79, 2004 rep. No. 90, 2007
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected How affected
S. 59A ....................................... ad. No. 94, 1993 am. No. 79, 2004 rep. No. 90, 2007
Heading to s. 60 ........................ am. No. 79, 2004 rs. No. 90, 2007
S. 60.......................................... am. No. 79, 2004; No. 8, 2005 rs. No. 90, 2007
Division 2
S. 61.......................................... rep. No. 152, 1997 ad. No. 90, 2007
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
Division 1
S. 69A ....................................... ad. No. 37, 1994
Division 2
S. 69B ....................................... ad. No. 37, 1994 am. No. 85, 1995; No. 115, 2001; No. 13, 2003; No. 79, 2004 Ss. 69CA–69CD........................ ad. No. 12, 2004 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
S. 69D ....................................... ad. No. 37, 1994 am. No. 59, 1996; No. 79, 2004
S. 69E ....................................... ad. No. 37, 1994 am. No. 59, 1996; No. 115, 2001; No. 79, 2004
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected How affected
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
S. 69EAA................................... ad. No. 12, 2004 am. No. 79, 2004
Division 3
S. 69EB ..................................... ad. No. 37, 1994 am. No. 115, 2001
Ss. 69EC–69EH ........................ ad. No. 37, 1994
S. 69EI ...................................... ad. No. 37, 1994 am. No. 79, 2004
Ss. 69EJ–69EM ........................ ad. No. 37, 1994
S. 69EN..................................... ad. No. 37, 1994 am. No. 115, 2001
S. 69EO..................................... ad. No. 37, 1994 rs. No. 13, 2003 am. No. 79, 2004
Division 4
S. 69EP ..................................... ad. No. 37, 1994 am. No. 115, 2001; No. 79, 2004; No. 90, 2007
Ss. 69EQ, 69ER........................ ad. No. 37, 1994
S. 69ES ..................................... ad. No. 37, 1994 am. No. 13, 2003; No. 79, 2004
S. 69ET ..................................... ad. No. 37, 1994 am. No. 79, 2004
S. 69EU..................................... ad. No. 37, 1994
Part 7B
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
Part 8
S. 69F........................................ ad. No. 37, 1994 am. No. 146, 1999; No. 137, 2000; No. 115, 2001; No. 79, 2004
S. 69G ....................................... ad. No. 37, 1994 am. No. 79, 2004
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected How affected
S. 69H ....................................... ad. No. 37, 1994 am. No. 13, 2003; No. 79, 2004
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
S. 71.......................................... am. No. 37, 1994
S. 72.......................................... rep. No. 8, 2005
Part 9
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 Ss. 78–80 .................................. am. No. 79, 2004
S. 81.......................................... rep. No. 152, 1997
Table A
Table A
Application, saving or transitional provisions
Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000 (No. 137, 2000)
Schedule 2
418 Transitional—pre-commencement offences
(1) Despite the amendment or repeal of a provision by this Schedule, that provision continues to apply, after the commencement of this item, in relation to:
as if the amendment or repeal had not been made.
(2) Subitem (1) does not limit the operation of section 8 of the Acts Interpretation Act 1901.
419 Transitional—pre-commencement notices
If:
the amendment of the first-mentioned provision by this Schedule does not affect the validity of such a notice that was given before the commencement of this item.
Table A
Agriculture, Fisheries and Forestry Legislation Amendment (Application of Criminal Code) Act 2001 (No. 115, 2001)
4 Application of amendments
Agricultural and Veterinary Chemicals Legislation Amendment Act 2003
(No. 13, 2003)
Schedule 2
6 Application
The amendment made by item 5 applies for the calendar year beginning on 1 January 2003 and all following calendar years.
8 Application
The amendment made by item 7 applies for the calendar year beginning on 1 January 2003 and all following calendar years.
Financial Framework Legislation Amendment Act 2005 (No. 8, 2005)
4 Saving of matters in Part 2 of Schedule 1
(1) If:
Table A
then the thing has the corresponding effect, for the purposes of the Part 2 Act as amended by this Act, as if it had been taken, made, given or done under the Part 2 Act as so amended.
(2) In this section:
Part 2 Act means an Act that is amended by an item in Part 2 of
Schedule 1.
Schedule 1
496 Saving provision—Finance Minister’s determinations
If a determination under subsection 20(1) of the Financial Management and Accountability Act 1997 is in force immediately before the commencement of this item, the determination continues in force as if it were made under subsection 20(1) of that Act as amended by this Act.
Schedule 2
174 Saving provision—provisions that formerly referred to the Treasurer
(1) Any thing that:
continues to have effect after the commencing time as if it had been done by the Finance Minister under the affected provision.
(2) In this item:
affected provision means a provision that is amended by an item in this Schedule so as to replace references to the Treasurer with references to the Finance Minister.
commencing time means the day this Act receives the Royal Assent.
Finance Minister means the Minister who administers the Financial Management and Accountability Act 1997.
Table A
Agricultural and Veterinary Chemicals (Administration) Amendment Act 2007
(No. 90, 2007)
Schedule 2
1 Definitions
In this Schedule:
acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.
APVMA has the same meaning as in the Agricultural and Veterinary
Chemicals (Administration) Act 1992.
asset means:
assets official, in relation to an asset other than land, means the person or authority who, under a law of the Commonwealth, a State or a Territory, under a trust instrument or otherwise, has responsibility for keeping a register in relation to assets of the kind concerned.
commencement time means the time when this Schedule commences.
director has the same meaning as in the Agricultural and Veterinary Chemicals (Administration) Act 1992 as in force immediately before this Schedule commences.
financial liability means a liability to pay a person if the amount, or the method for working out the amount, has been determined.
instrument:
just terms has the same meaning as in paragraph 51(xxxi) of the
Constitution.
land means any legal or equitable estate or interest in real property,
whether actual, contingent or prospective.
Table A
land registration official, in relation to land, means the Registrar of Titles or other proper officer of the State or Territory in which the land is situated.
liability means any liability, duty or obligation, whether actual, contingent or prospective.
new law means the Agricultural and Veterinary Chemicals (Administration) Act 1992 as in force immediately after the commencement time.
old law means the Agricultural and Veterinary Chemicals (Administration) Act 1992 as in force immediately before the commencement time.
staffing procedures includes procedures and policies, and any actions or decisions taken under or in accordance with those procedures and policies, that relate to recruitment, promotion, performance management, inefficiency, misconduct, forfeiture of position, fitness for duty, loss of essential qualifications, disciplinary action, reviews of or appeals against staffing decisions, transfers, redundancy, resignations, termination of employment, grievance processes and leave.
2 Existing property, money and financial liabilities
3 Vesting of assets held on trust by the APVMA
(1) This item applies to any assets held on trust by the APVMA immediately before the commencement time.
Table A
(2) At the commencement time, the assets cease to be assets held on trust by the APVMA and become assets held on trust by the Commonwealth, without any conveyance, transfer or assignment. The Commonwealth becomes the APVMA’s successor in law in relation to those assets.
4 Vesting of liabilities relating to assets held on trust
5 Certificates relating to vesting of land
(1) This item applies if:
(iii) states that the land has become vested in the Commonwealth under this Schedule.
Note: Certificates under paragraph (1)(b) are presumed to be authentic: see item 19 of this Schedule.
(2) The land registration official may:
6 Certificates relating to vesting of assets other than land
(1) This item applies if:
(a) any asset other than land vests in the Commonwealth under this Schedule; and
Table A
(b) there is lodged with an assets official a certificate that:
(iii) states that the asset has become vested in the Commonwealth under this Schedule.
Note: Certificates under paragraph (1)(b) are presumed to be authentic: see item 19 of this Schedule.
(2) The assets official may:
7 Substitution of parties to proceedings
If any proceedings relating to an asset held on trust, to which the APVMA was a party, were pending in any court or tribunal immediately before the commencement time, the Commonwealth is substituted for the APVMA, from the commencement time, as a party to the proceedings.
8 Directors of the APVMA
A person who is a director of the APVMA immediately before the commencement time ceases, immediately after the commencement time, to hold office as such a director by force of this item.
9 Chief Executive Officer
Table A
effect after the commencement time in relation to the Chief Executive Officer.
(3) Section 41A of the Agricultural and Veterinary Chemicals (Administration) Act 1992, as inserted by Schedule 1 to this Act, has effect after the commencement time in relation to the Chief Executive Officer.
10 Transfer of staff
11 Operation of laws—things done by, or in relation to, directors of the APVMA
Table A
However, this is not taken to change the time at which the thing was actually done.
(3) The Minister may, by writing, determine that subitem (1):
A determination under this subitem has effect accordingly.
12 References in instruments
(1) If:
the instrument has effect from the commencement time as if the reference to the directors of the APVMA were a reference to the Chief Executive Officer.
(2) The Minister may, by writing, determine that subitem (1):
A determination under this subitem has effect accordingly.
(3) The regulations may provide that an instrument containing a reference specified in a determination under paragraph (2)(a) has effect from the commencement time as if the reference were a reference to a person or body other than the Chief Executive Officer or the Commonwealth.
Table A
(4) A determination made under subitem (2) is not a legislative instrument.
13 Reporting requirements
Reports for periods ending after the commencement time
(1) If:
the Chief Executive Officer must provide the report, as required, for so much of the period as occurs before the commencement time.
(2) If:
the Chief Executive Officer may meet the requirements in a single report for the period.
Reports for periods ending before the commencement time
(3) If:
the Chief Executive Officer must provide the report as required.
Application of law to Chief Executive Officer
(4) To avoid doubt, if under this item the Chief Executive Officer is required to provide a report under a law, the law applies to the Chief Executive Officer in respect of the report in the same way as the law would have applied to the APVMA or the directors of the APVMA in respect of the report.
Table A
14 New annual report requirements to apply from 2007-2008 and later financial years
Section 61 of the Agricultural and Veterinary Chemicals (Administration) Act 1992, as inserted by Schedule 1 to this Act, applies to the 2007-2008 financial year and later financial years.
15 Access to records
For the purposes of the operation of subsection 27L(4) of the Commonwealth Authorities and Companies Act 1997 in relation to the books of the APVMA, the reference in that subsection to a Commonwealth authority is to be read, after the commencement time, as a reference to the Chief Executive Officer.
16 Continuing obligation to keep records
Section 20 of the Commonwealth Authorities and Companies Act 1997 (as in force from time to time) continues to apply after the commencement time in relation to accounting records kept by the APVMA under that section before that time as if the APVMA continued to be subject to that Act.
17 Exemption from stamp duty and other State or Territory taxes
No stamp duty or other tax is payable under a law of a State or Territory in respect of, or in respect of anything connected with:
18 Constitutional safety net—acquisition of property
Table A
19 Certificates taken to be authentic
A document that appears to be a certificate made or issued under this Schedule:
unless the contrary is established.
20 Delegation by Minister
21 Regulations