s 1.1Name of Regulations
These Regulations are the Agricultural and Veterinary Chemicals (Administration) Regulations 1995.
These Regulations are the Agricultural and Veterinary Chemicals (Administration) Regulations 1995.
In these Regulations:
Act means the Agricultural and Veterinary Chemicals (Administration) Act 1992.
active constituent has the same meaning as in the Agvet Code of the participating Territories.
agricultural chemical product has the same meaning as in the Agvet Code of the participating Territories.
Agvet Code of the participating Territories has the same meaning as in subsection 5(1) of the Agricultural and Veterinary Chemicals Code Act 1994.
authorised officer has the meaning given by regulation 1.4.
CAS number or Chemical Abstracts Service number means the registry number:
assigned to the chemical by the Chemical Abstracts Service, Columbus, Ohio, United States of America; and
published by the Service in the journal Chemical Abstracts.
chemical product has the same meaning as in the Agvet Code of the participating Territories.
Collector has the meaning given by subsection 8(1) of the Customs Act 1901.
controlled chemical has the meaning given by regulation 1.3A.
generic information has the meaning given by regulation 1.5.
import decision means a response, made under paragraph 2 of Article 10 of the Rotterdam Convention, providing a response in accordance with the requirements of paragraph 4 of that Article that consists of a final decision or an interim decision (within the respective meanings given by that paragraph):
consenting to import with or without specified conditions; or
not consenting to import.
IUPAC name means a name assigned to a chemical by the International Union of Pure and Applied Chemistry, set out in International Standard ISO 1750—1981: Pesticides and Agrochemicals—Common Names, published in Geneva by the International Standards Organisation in 1981.
mercury means elemental mercury (Hg(0), CAS Number 7439‑97‑6), and includes mixtures of mercury (including alloys of mercury) with a mercury concentration of at least 95% by weight, but does not include non‑Minamata mercury.
mercury‑added products means the products listed in Part 1 of Annex A to the Minamata Convention that contain mercury, but does not include the following:
products essential for civil protection and military uses;
products for research, calibration of instrumentation, or for use as a reference standard;
if no feasible mercury‑free alternative for a replacement is available—the following:
switches and relays;
cold cathode fluorescent lamps and external electrode fluorescent lamps for electronic displays;
measuring devices;
products used in traditional or religious practices;
vaccines containing thiomersal as preservatives.
Minamata Convention means the Minamata Convention on Mercury done at Minamata on 10 October 2013, as in force for Australia at the commencement of this definition.
The Convention could in 2021 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
multiple entry import permit has the meaning given by regulation 3.310.
multiple exit export permit has the meaning given by regulation 3.310.
multiple permit means a multiple entry import permit or multiple exit export permit.
non‑Minamata mercury means any of the following:
research mercury;
naturally occurring trace quantities of mercury present in:
products such as non‑mercury metals, ores or mineral products (including coal); or
products derived from the products mentioned in subparagraph (i);
unintentional trace quantities of mercury in chemical products.
non‑party, in relation to a Convention, means a country that has not consented to be bound by the Convention or for which the Convention is not in force.
prescribed chemical means:
an active constituent or chemical product that has been prescribed by these Regulations for the purposes of section 69CA or 69CB of the Act; or
a chemical product containing an active constituent referred to in paragraph (a).
research mercury means mercury to be used for laboratory‑scale research or as a reference standard.
Rotterdam Convention means the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade.
In 2012, the text of the Convention was available at www.pic.int.
Secretariat means:
in relation to the Rotterdam Convention, the secretariat established under Article 19 of that Convention; and
in relation to the Stockholm Convention, the secretariat established under Article 20 of that Convention.
Stockholm Convention means the Stockholm Convention on Persistent Organic Pollutants (POPs).
In 2012, the text of the Convention was available at www.pops.int.
veterinary chemical product has the same meaning as in the Agvet Code of the participating Territories.
Unless the contrary intention appears, a term that is defined in an international agreement or arrangement and that is used in these Regulations has the same meaning in these Regulations when used in relation to that agreement or arrangement.
A reference in these Regulations to an active constituent is a reference to an active constituent for a proposed or existing chemical product.
Subject to subregulation (2), in these Regulations:
controlled chemical means:
an active constituent or chemical product listed in Part 2 of Schedule 1; or
a chemical product containing an active constituent referred to in paragraph (a); or
the chemical product listed as an item in Part 3 of Schedule 1;
mercury that is to be used as an active constituent in a proposed or existing chemical product; or
a chemical product that is mercury; or
a chemical product that is a mercury‑added product.
To avoid doubt, if the heading of an item in Part 2 of Schedule 1 includes the words ‘and its compounds’ or other words describing all compounds, or all compounds of a particular kind (such as, for example, ‘and its salts and esters’) of the relevant chemical, all compounds, or all such compounds, of the chemical are also controlled chemicals.
An officer of the Department is an authorised officer for a provision of these Regulations if the person is authorised in writing by the Secretary under the provision in which the expression occurs.
In these Regulations:
generic information about a person means the following information:
the person’s name;
the person’s ABN;
the address of the person’s principal place of business;
the address of the person’s registered office, if different from the address of the person’s principal place of business;
if the person is not an individual, the name of an individual who is to be the contact person;
the telephone and facsimile numbers for, and e‑mail address of, the person and contact person.
If a person has given generic information about himself, herself or itself to the Department, and the information changes, the person must give the new information to the Department within 30 days.
The APVMA must include in its annual report a list of:
the standards made under section 6E of the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994 during the period to which the annual report relates; and
the standards made under section 6E that were varied by the APVMA during the period to which the annual report relates.
For the purposes of paragraph 61(b) of the Act, the following performance indicators are prescribed:
the number of reconsiderations commenced by the APVMA under section 31 of the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994 (the Agvet Code Act) during the period to which the annual report relates;
the number of reconsiderations concluded by the APVMA under Division 4 of Part 2 of the Schedule to the Agvet Code Act during that period;
brief details of the progress of reconsiderations that were scheduled to progress in that period;
a summary of any action taken by the APVMA under section 99 of the Schedule to the Agvet Code Act during that period;
the number of applications mentioned in each item of Part 2 of Schedule 6 of the Agricultural and Veterinary Chemicals Code Regulations 1995 that were:
made under the Schedule to the Agvet Code Act during that period; and
not determined within the period required for the application by regulations made under section 165 of that Schedule;
the number of reports (known as adverse experience reports) received by the APVMA during that period;
the number of adverse experience reports mentioned in paragraph (e) that the APVMA determined were related to each of the following:
human health;
environment;
animal health;
crop health;
efficacy for agricultural chemical products or veterinary chemical products;
a summary of any action taken by the APVMA during that period in relation to adverse experience reports.
Adverse experience reports are received under the Adverse Experience Reporting Program (AERP) which is a post‑registration quality assurance program established by the APVMA.
Each of the following is a prescribed international agreement for the purposes of subsection 69CA(1) of the Act:
the Rotterdam Convention;
the Stockholm Convention.
A chemical is a prescribed active constituent or prescribed chemical product for the purposes of subsection 69CA(2) of the Act if:
there is an item in Schedule 1 for the chemical; and
the item describes the chemical as a prescribed active constituent or a prescribed chemical product for the purposes of that subsection.
For each constituent or product, the relevant item identifies the relevant international agreement or arrangement (see the Act, subsection 69CA(3)).
A chemical is a prescribed active constituent or prescribed chemical product for the purposes of subsection 69CB(1) of the Act if:
there is an item in Schedule 1 for the chemical; and
the item describes the chemical as a prescribed active constituent or prescribed chemical product for the purposes of that subsection.
The following information about the import into Australia of a prescribed chemical is prescribed for the purposes of paragraphs 69CA(2)(a) and 69CB(2)(a) of the Act:
generic information about the importer;
the technical name and common name of the chemical;
the name of any chemical product that contains the chemical;
the name of the exporting country or countries;
the chemical’s intended use;
the total quantity of the chemical imported in any calendar year or part of any calendar year, specifying the quantity imported from each named exporting country;
any additional information specified in the relevant item in Schedule 1.
The following information about the manufacture in Australia of a prescribed chemical is prescribed for the purposes of paragraphs 69CA(2)(b) and 69CB(2)(b) of the Act:
generic information about the manufacturer;
the technical name and common name of the chemical;
the address of the place of manufacture;
the quantity manufactured in any calendar year or part of any calendar year;
the chemical’s intended use;
any additional information specified in the relevant item in Schedule 1.
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