Compilation #15 | Effective 2024-10-14
FRBR Work URI: /akn/au/act/1994/36
This Act may be cited as the Agricultural and Veterinary Chemicals Act 1994.
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 12 months beginning on the day on which it receives the Royal Assent, it commences on the first day after the end of that period.
The object of this Act is to make a law for the government of certain Territories in relation to the evaluation, registration and control of agricultural chemical products and veterinary chemical products, and for related purposes.
This Act has effect, and is to be interpreted, accordingly.
(3) Despite subsection (1) and Agricultural and Veterinary Chemicals Code Act 1994 and the Agvet Code of the participating Territories are not, for the purposes of section 2H of the Acts Interpretation Act 1901, Acts providing for the administration or government of a Territory.section 9, this Act, the
In this Act, unless the contrary intention appears:
Agvet Code of the participating Territories has the meaning given by subsection 5(1) of the Agricultural and Veterinary Chemicals Code Act 1994.
Agvet Codes has the meaning given by section 12.
Agvet Regulations has the meaning given by section 12.
Agvet Regulations of the participating Territories has the meaning given by subsection 5(2) of the Agricultural and Veterinary Chemicals Code Act 1994.
applicable provision means a provision of: the Agvet Code of that jurisdiction; or the Agvet Regulations of that jurisdiction; or a law of the Commonwealth that applies in that jurisdiction in relation to a provision of the Agvet Code or Agvet Regulations of that jurisdiction.
the Agvet Code of that jurisdiction; or
the Agvet Regulations of that jurisdiction; or
a law of the Commonwealth that applies in that jurisdiction in relation to a provision of the Agvet Code or Agvet Regulations of that jurisdiction.
APVMA means the Australian Pesticides and Veterinary Medicines Authority continued in existence by section 6 of the Agricultural and Veterinary Chemicals (Administration) Act 1992.
includes the external Territories to which this Act extends.
authority, in relation to the Commonwealth, includes:
a body corporate, or an unincorporated body, established for a public purpose by or under an Act; and
a tribunal or authority established by or in accordance with an Act.
chemical product has the same meaning as in the Agvet Code of the participating Territories.
confer includes impose.
corresponding Act means an Act of a State that corresponds to this Act.
corresponding law means:
a corresponding Act; or
regulations made under a corresponding Act; or
the Agvet Code, Agvet Regulations, or another applicable provision, of a State; or
rules of court made under a corresponding Act.
instrument means any document whatever, including: an Act or an instrument made under an Act; or a law of a participating Territory or an instrument made under such a law; or an award or other industrial determination or order, or an industrial agreement; or any other order (whether executive, judicial or otherwise); or a notice, certificate or licence; or an agreement; or an application made, information or complaint laid, affidavit sworn, or warrant issued, for any purpose; or an indictment, presentment, summons or writ; or any other pleading in, or process issued in connection with, a legal or other proceeding.
an Act or an instrument made under an Act; or
a law of a participating Territory or an instrument made under such a law; or
an award or other industrial determination or order, or an industrial agreement; or
any other order (whether executive, judicial or otherwise); or
a notice, certificate or licence; or
an agreement; or
an application made, information or complaint laid, affidavit sworn, or warrant issued, for any purpose; or
an indictment, presentment, summons or writ; or
any other pleading in, or process issued in connection with, a legal or other proceeding.
jurisdiction means:
a State; or
the participating Territories.
modifications includes additions, omissions and substitutions.
officer, in relation to the Commonwealth, includes:
a Minister; and
a person holding:
an office established by or under an Act; or
an appointment made under an Act; or
an appointment made by the Governor-General or a Minister but not under an Act; and
a person who is a member or officer of an authority of the Commonwealth; and
a person who is in the service or employment of the Commonwealth, or of an authority of the Commonwealth, or is employed or engaged under an Act.
participating Territory means:
the ; or
Norfolk Island; or
another Territory that is declared by regulations in force under section 25 to be a participating Territory.
repealed Act means the Agricultural and Veterinary Chemicals Act 1988.
State includes the .
Territory does not include the , the or the (Keeling) .
5
For the purposes of this Act, the is taken to be part of the .
This Act extends to every external Territory that is a participating Territory.
(1) The Code set out in the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994 as in force for the time being applies as a law for the government of the participating Territories.
(2) The provisions of that Code as so applying are in addition to, and do not affect, the Industrial Chemicals Act 2019, the Food Standards Australia New Zealand Act 1991 and the Therapeutic Goods Act 1989.
(3) The powers to require the recall of chemical products that are conferred on the APVMA under that Code as so applying are in addition to, and do not affect, the powers conferred by Competition and Consumer Act 2010, as that section applies as a law of the Commonwealth.section 122 of Schedule 2 to the
(5) The provisions of that Code as so applying that relate to the disclosure of confidential commercial information do not affect the operation of the Freedom of Information Act 1982.
The regulations in force for the time being under Agricultural and Veterinary Chemicals Code Act 1994 apply as regulations in force for the purposes of the Agvet Code of the participating Territories.section 6 of the
Legislative instruments in force for the time being under the Agricultural and Veterinary Chemicals Code Act 1994 apply as legislative instruments in force for the purposes of the Agvet Code of the participating Territories.
The Agvet Code of the participating Territories is taken for all purposes to be an Act.
In this section:
the Code means the Agvet Code, and the Agvet Regulations, of the participating Territories.
The object of this section is to avoid or resolve inconsistencies between the Code and the laws of a participating Territory.
Regulations under section 25:
may provide that specified laws of a participating Territory have effect despite the Code or specified provisions of the Code; and
may provide that the Code, or specified provisions of the Code, has or have effect with such modifications as the regulations prescribe.
Regulations under within 12 months after an external Territory becomes a participating Territory may amend or repeal laws of that Territory.section 25 that take effect
This section has effect for the purposes of an Act, a law of a participating Territory, or an instrument made under an Act or such a law.
(2) If a law of a State provides that the Code set out in the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994 as in force for the time being applies as a law of that State, the Agvet Code of that State is the Code so set out, applying as a law of that State.
(3) If a law of a State provides that the regulations in force for the time being under Agricultural and Veterinary Chemicals Code Act 1994 apply as regulations in force for the purposes of the Agvet Code of that State, the Agvet Regulations of that State are those regulations as so applying.section 6 of the
The object of this section is to help ensure that the Agvet Code of the participating Territories can operate, in appropriate circumstances, as if that Code, together with the Agvet Code of each State, constituted a single national Agvet Code applying throughout .
Subject to this section, a reference in an instrument to the Agvet Codes, or to the Agvet Regulations, is taken, for the purposes of the laws of the Commonwealth and of the laws of the participating Territories:
to be a reference to the Agvet Code, or to the Agvet Regulations, as the case may be, of the participating Territories; and
to include a separate reference to the Agvet Code, or to the Agvet Regulations, as the case may be, of each State.
Subsection (2) has effect except so far as the contrary intention appears in the instrument or the context of the reference otherwise requires.
The Agvet Code of the participating Territories binds the Crown in all its capacities.
The Agvet Code of each State binds the Crown in right of the Commonwealth and of the Australian Capital Territory.
Nothing in this Part, or in the Agvet Code of any jurisdiction, renders the Crown liable to be prosecuted for an offence.
If, because of this Part, a provision of a law of the Commonwealth or of a State binds the Crown in right of the Commonwealth or of the Australian Capital Territory, the Crown in that capacity is subject to that provision despite any prerogative right or privilege.
A corresponding law may confer prescribed functions and powers on a Minister.
A corresponding law of a jurisdiction may confer duties, functions and powers in respect of any matter arising in relation to the applicable provisions of the jurisdiction:
upon the Administrative Review Tribunal; or
(b) upon an inspector appointed under subsection 69F(1) of the Agricultural and Veterinary Chemicals (Administration) Act 1992; or
(c) upon an analyst approved under Agricultural and Veterinary Chemicals (Administration) Act 1992.section 69G of the
Note: Subsection 7(2) of the Agricultural and Veterinary Chemicals (Administration) Act 1992 deals with functions and powers conferred on the APVMA by State laws.
A corresponding law may confer such other duties, functions and powers as are prescribed upon authorities and officers of the Commonwealth.
In enacting subsections (1) and (2), it is the intention of the Parliament to rely on all powers available to it under the Constitution.
To the extent that an authority or officer of the Commonwealth (including a Minister) has a duty, function or power that is conferred, or taken to be conferred, by a corresponding law:
that duty, function or power is not taken to be conferred by Commonwealth law; and
section 18 is not taken to authorise the conferral of the duty, function or power;
if the conferral or authorisation would contravene a constitutional doctrine restricting the duties that may be conferred on authorities or officers of the Commonwealth, or would otherwise exceed the legislative power of the Commonwealth.
If, to ensure the validity of the conferral of a duty, function or power purportedly conferred on an authority or officer of the Commonwealth (including a Minister) by a corresponding law, it is necessary that the duty, function or power be conferred by a law of the Commonwealth, rather than by a law of a State, the duty, function or power is taken to be conferred by this Act to the extent necessary to ensure that validity.
If, because of subsection (2), this Act is taken to confer a duty, function or power upon an authority or officer of the Commonwealth (including a Minister), it is the intention of the Parliament to rely on all powers available to it under the Constitution to support the conferral of the duty, function or power.
Subsections (2) and (3) do not limit section 18.
A corresponding law may require or permit a document, or a copy of a document, to be published in the Gazette.
Jurisdiction is conferred on the Federal Court of Australia with respect to all civil matters arising under the Agvet Code of the participating Territories or the Agvet Regulations of the participating Territories.
(2) Subject to Administrative Decisions (Judicial Review) Act 1977, jurisdiction is conferred on the courts of the participating Territories with respect to all civil matters arising under the Agvet Code of the participating Territories or the Agvet Regulations of the participating Territories.section 9 of the
Jurisdiction is conferred on the courts of the participating Territories with respect to all criminal matters arising under the Agvet Code of the participating Territories or the Agvet Regulations of the participating Territories.
The Federal Court of Australia may exercise jurisdiction (whether original or appellate) conferred on that Court by a law of the Northern Territory corresponding to this Part with respect to matters arising under the Agvet Code or the Agvet Regulations of the Northern Territory.
This Act does not affect the operation of a provision of any other law of the Commonwealth, or any law of a State or of a participating Territory, relating to cross-vesting of jurisdiction.
Orders in force for the time being under Agricultural and Veterinary Chemicals Code Act 1994 have the same effect for the purposes of the Agvet Code of the participating Territories as they would have if they were provisions of the Agvet Regulations of those Territories.section 7 of the
The APVMA may, by legislative instrument, determine for the purposes of Part 8 of the Agvet Code of the participating Territories principles to be observed in the manufacture of chemical products that are consistent with the Agvet Codes, the Agvet Regulations and the laws of any jurisdiction that relate to occupational health or safety.
The manufacturing principles may relate to:
the standards to be maintained, and the equipment to be used, at premises used for the manufacture of chemical products; or
procedures for quality assurance and quality control to be employed in the manufacture of chemical products; or
the qualifications and experience required of persons employed in the manufacture of chemical products; or
the manufacturing practices to be employed in the manufacture of chemical products; or
other matters relevant to the quality, safety and efficacy of chemical products that are manufactured in this jurisdiction;
and may include codes of good manufacturing practice.
(3) Despite subsection 44(1) of the Legislation Act 2003, section 42 (disallowance) of that Act applies to a legislative instrument made under subsection (1) of this section.
(1) The Agricultural and Veterinary Chemicals Act 1988 is repealed.
Despite subsection (1), section 47 of the repealed Act:
continues in force for the purposes of its application in relation to the period beginning on 1 July 1993 and ending immediately before the commencement of this Act; and
if that period is shorter or longer than one year—applies as if that period were a year.
The Governor-General may make regulations prescribing matters required or permitted by this Act to be prescribed.
This section imposes the fees (including fees that are taxes) that the Agvet Regulations of the participating Territories prescribe.
Endnotes
Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Abbreviation key— E ndnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history— E ndnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under Legislation Act 2003.section 15V of the
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history