1Short title
This Act may be cited as the Agricultural and Veterinary Chemicals (Administration) Act 1992.
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This Act may be cited as the Agricultural and Veterinary Chemicals (Administration) Act 1992.
Subject to subsection (2), this Act commences on a day to be fixed by Proclamation.
If this Act does not commence under subsection (1) within the period of 6 months beginning on the day on which it receives the Royal Assent, it commences on the first day after the end of that period.
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:
appointed Board member means a Board member other than the Chief Executive Officer.
APVMA means the Australian Pesticides and Veterinary Medicines Authority continued in existence by section 6.
Board means the Board of the APVMA established by section 14.
Board member means a member of the Board.
Chair means the Chair of the Board.
chemical product has the same meaning as in the Agvet Code of the participating Territories.
Chief Executive Officer means the Chief Executive Officer appointed in accordance with section 33.
civil penalty order has the meaning given by subsection 69EJ(4).
civil penalty provision means a provision declared by this Act or the Collection Act to be a civil penalty provision.
Collection Act means the Agricultural and Veterinary Chemical Products (Collection of Levy) Act 1994.
committee means a committee established under section 28.
confidential commercial information has the same meaning as in the Code set out in the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994.
copy, in relation to a warrant issued under section 69EH or 69EHA (or a form of warrant completed under subsection 69EHB(6)), includes:
a copy sent by fax or other electronic means; or
a copy of a copy so sent.
damage has the same meaning as in the Code set out in the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994.
data has the same meaning as in the Code set out in the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994.
evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.
evidential material means any of the following:
a thing with respect to which an offence against this Act or the Collection Act has been committed or is suspected, on reasonable grounds, to have been committed;
a thing with respect to which a civil penalty provision has been contravened or is suspected, on reasonable grounds, to have been contravened;
a thing that there are reasonable grounds for suspecting will afford evidence as to the commission of such an offence or contravention of such a civil penalty provision;
a thing that there are reasonable grounds for suspecting is intended to be used for the purpose of committing such an offence or contravening such a civil penalty provision.
executive officer of a body corporate means a person, by whatever name called and whether or not a director of the body, who is concerned in, or takes part in, the management of the body.
Finance Minister means the Minister who administers the Public Governance, Performance and Accountability Act 2013.
Gene Technology Regulator has the same meaning as in the Gene Technology Act 2000.
GM product has the same meaning as in the Gene Technology Act 2000.
industry means the agricultural and veterinary chemicals industry.
inspector means:
a person appointed as an inspector for the purposes of this Act under subsection 69F(1); or
a person to whom an authorisation referred to in subsection 69F(2) applies for the purposes of this Act.
investigation powers has the meaning given by sections 69EBA, 69EBB and 69EBC.
investigation warrant means:
a warrant issued under section 69EHA; or
a warrant signed by a magistrate under section 69EHB, being a warrant of the same kind as would have been issued under section 69EHA.
member of the staff, in relation to the APVMA, means:
a person referred to in subsection 45(1); or
a person whose services are made available to the APVMA under paragraph 46(1)(a) or under arrangements made under subsection 46(2).
monitoring powers has the meaning given by sections 69EAC, 69EAD and 69EAE.
monitoring warrant means:
a warrant issued under section 69EH; or
a warrant signed by a magistrate under section 69EHB, being a warrant of the same kind as would have been issued under section 69EH.
occupier has the same meaning as in the Code set out in the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994.
paid work means work for financial gain or reward (whether as an employee, a self‑employed person or otherwise).
participating Territory has the same meaning as in the Agricultural and Veterinary Chemicals Act 1994.
person assisting an inspector:
in relation to the exercise of monitoring powers—has the meaning given by section 69EAF; and
in relation to the exercise of investigation powers—has the meaning given by section 69EBD.
premises has the same meaning as in the Code set out in the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994.
prescribed civil penalty provision means a civil penalty provision that is prescribed by the regulations.
relevant data means information relevant to determining whether:
this Act, or the Collection Act, has been, or is being, complied with; or
information provided under this Act, or the Collection Act, is correct; or
levy is payable under the Collection Act.
State includes the Northern Territory.
Territory does not include the Northern Territory.
warrant means a monitoring warrant or an investigation warrant.
This Act extends to every external Territory that is a participating Territory.
Chapter 2 (other than Part 2.5) of the Criminal Code applies to all offences against this Act.
Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
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.
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.
The functions of the APVMA include the following:
to assess the suitability for supply in Australia of active constituents for proposed or existing chemical products, chemical products and labels for containers for chemical products;
to provide information to the Governments and authorities of the Commonwealth, the States and the participating Territories about approved active constituents for proposed or existing chemical products, registered chemical products, reserved chemical products and approved labels for containers for chemical products and to co‑operate with those Governments and authorities on matters relating to the management and control of chemical products;
to keep records and statistics of approvals and registrations granted, and permits and licences issued, by it under the Agvet Codes;
to evaluate the effects of the use of chemical products in the States and participating Territories;
to co‑operate with Governments and authorities of the Commonwealth, the States and the participating Territories for the purpose of facilitating a consistent approach to the assessment and control of chemicals;
in co‑operation with Governments and authorities of the Commonwealth, the States and the participating Territories, to develop codes of practice, standards and guidelines for, and to recommend precautions to be taken in connection with, the manufacture, export, import, sale, handling, possession, storage, disposal and use of chemical products in the States and participating Territories;
to collect, interpret, disseminate and publish information relating to chemical products and their use;
to encourage and facilitate the application and use of results of evaluation and testing of chemical products;
to exchange information relating to chemical products and their use with overseas and international bodies having functions similar to the APVMA’s functions;
when requested by the Minister, or on its own initiative, to report to or advise the Minister on any matter relating to chemical products or arising in the course of the performance of its functions;
to encourage and facilitate the introduction of uniform national procedures for control of the use of chemical products;
to fund, and co‑operate in, a program designed to ensure that active constituents for proposed or existing chemical products, chemical products, and labels for containers for chemical products, comply with the Agvet Codes and the Agvet Regulations.
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.
The APVMA has any functions and powers that are conferred on it by Division 2A of Part 3 of the Food Standards Australia New Zealand Act 1991.
The APVMA has any functions and powers that are expressed to be conferred on it by a law of a State.
The APVMA has power to do all things necessary or convenient to be done in connection with the performance of its functions and, in particular, may:
enter into contracts; and
acquire, hold and dispose of real and personal property; and
occupy, use and control any land or building owned or held under lease by the Commonwealth, a State or a Territory and made available for the purposes of the APVMA; and
appoint agents and attorneys, and act as agent for other persons; and
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
do anything incidental to any of its powers.
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.
The APVMA must, by legislative instrument, approve standards for residues of chemical products in protected commodities.
In this section:
protected commodity has the same meaning as in the Agvet Code.
The APVMA, for the purpose of considering any matter, or obtaining information or advice, relating to the performance of its functions, may consult with persons or bodies, including:
persons or bodies involved in the industry; and
the Commonwealth Government or State Governments or Commonwealth or State authorities having functions relating to agricultural or veterinary chemicals; and
a national regulatory authority of a foreign country that has national responsibility relating to the evaluation, registration or control of agricultural or veterinary chemical products; and
persons (including members of the scientific community) having a particular interest in matters associated with the industry; and
persons or bodies having a particular interest in the protection of the interests of consumers or in the protection of the environment.
If the matter that is being considered by the APVMA, or in respect of which the APVMA is seeking information or advice, relates to an active constituent for a proposed or existing chemical product, a chemical product, or a label for containers for a chemical product, the APVMA may make available to the person or body concerned:
information obtained by it with respect to the constituent, product or label; and
samples of the constituent, of any of the active constituents of the product, or of the product, or samples or copies of the label, as the case may be.
The APVMA may:
pay travel expenses reasonably incurred by a person in connection with consultations by the APVMA; and
subject to written guidelines given to the APVMA by the Minister, pay expenses (other than travel expenses) reasonably incurred by a body or person in connection with consultations by the APVMA.
This section applies to the following:
an active constituent for a proposed or existing chemical product, being an active constituent that is or contains a GM product;
a proposed or existing chemical product that is or contains a GM product.
The APVMA must consult the Gene Technology Regulator in accordance with this section for the purposes of the following:
deciding an application under the Code in relation to any of the following:
approval of the active constituent;
registration of the chemical product;
approval of a label for containers for the chemical product;
deciding an application under the Code in relation to a variation of any of the following:
the approval of the active constituent;
the registration of the chemical product;
the approval of a label for containers for the chemical product;
if the variation may affect the GM product;
reconsidering any of the following:
the approval of the active constituent;
the registration of the chemical product;
the approval of a label for containers for the chemical product;
deciding whether to issue a permit in respect of:
the active constituent; or
the chemical product.
If the APVMA is required to consult the Gene Technology Regulator under subsection (2), the APVMA must give written notice to the Gene Technology Regulator:
stating that the application has been made, the reconsideration is to be undertaken, or the issue of the permit is being considered; and
requesting the Gene Technology Regulator to give advice about the application, reconsideration, or issue.
If the APVMA gives the Gene Technology Regulator a notice under subsection (3), the Gene Technology Regulator may give written advice to the APVMA about the application, reconsideration, or issue.
The advice is to be given within the period specified in the notice.
If the APVMA receives advice from the Gene Technology Regulator in response to a notice under this section within the period specified in the notice, the APVMA must:
ensure that the advice is taken into account in making a decision on the application, reconsideration, or issue to which the notice relates; and
inform the Gene Technology Regulator of the decision.
Unless the contrary intention appears, expressions used in this section have the same meanings as in the Agricultural and Veterinary Chemicals Code Act 1994.
The Minister, or a person authorised in writing by the Minister, may enter into an agreement or arrangement with a Minister of a State for the performance of functions or the exercise of powers by the APVMA as an agent of the State.
The APVMA has such functions and powers as are referred to in such an agreement or arrangement.
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