Agricultural and Veterinary Chemicals (Administration) Regulations 1995

Statutory Rules No. 28, 1995

made under the

Agricultural and Veterinary Chemicals (Administration) Act 1992

Compilation No. 23

Compilation date: 26 September 2025

Includes amendments: F2025L01174

About this compilation

This compilation

This is a compilation of the Agricultural and Veterinary Chemicals (Administration) Regulations 1995 that shows the text of the law as amended and in force on 26 September 2025 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).

Application, saving and transitional provisions

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Presentational changes

The Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes to a compilation. Presentational changes are applied to give a more consistent look and feel to legislation published on the Register, and enable the user to more easily navigate those documents.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. Any modifications affecting the law are accessible on the Register.

Self - repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

Part 1—Preliminary 1

1.1 Name of Regulations 1

1.3 Interpretation 1

1.3A Meaning of controlled chemical 3

1.4 Meaning of authorised officer 4

1.5 Meaning of generic information about a person 4

Part 1A—Annual operational plan and annual report 5

1A.1 Information for inclusion in annual report 5

1A.3 Performance indicators for inclusion in annual report 5

Part 2—Providing information about certain active constituents and chemical products 7

2.05 Prescribed international agreements (Act s 69CA(1)) 7

2.10 Prescribed chemicals (Act s 69CA(2)) 7

2.15 Prescribed chemicals (Act s 69CB(1)) 7

2.20 Prescribed information—import (Act ss 69CA(2)(a) and 69CB(2)(a)) 7

2.25 Prescribed information—manufacture (Act ss 69CA(2)(b) and 69CB(2)(b)) 8

2.30 Prescribed information—use (Act ss 69CA2)(b) or 69CB(2)(b)) 8

2.35 Prescribed information—other dealings (Act ss 69CA(2)(c) or 69CB(2)(c)) 8

2.40 Prescribed information—export (Act ss 69CA(2)(d) and 69CB(2)(d)) 8

2.45 Prescribed period for giving prescribed information (Act ss 69CA(5) and 69CB(5)) 8

Part 3—Prohibition on import, manufacture etc of certain active constituents and chemical products 10

Division 3.1—General 10

3.05 Prescribed international agreements (Act, s 69C) 10

3.10 Effect of grant of permissions or multiple permits 10

3.15 Notice to be given if additional information required 10

3.20 Matters that may be considered when making decision 10

Division 3.2—Import 12

Subdivision 3.2.1—Absolute prohibition 12

3.45 Prohibited importation 12

Subdivision 3.2.2—Prohibition subject to conditions 12

3.50 Chemicals to which this Subdivision applies 12

3.55 Prohibition 12

3.60 Applications for permission to import import-prohibited chemicals 13

3.65 When permission may be granted 14

Division 3.3—Manufacture 15

Subdivision 3.3.1—Absolute prohibition 15

3.100 Prohibited manufacture 15

Subdivision 3.3.2—Prohibition subject to conditions 15

3.105 Chemicals to which this Subdivision applies 15

3.110 Prohibition 15

3.115 Applications for permission to manufacture manufacture-prohibited chemicals 16

3.120 When permission may be granted 16

Division 3.4—Use 18

3.145 Absolute prohibition 18

3.150 Prohibition subject to conditions 18

Division 3.5—Dealing with chemicals 19

Subdivision 3.5.1—Absolute prohibition 19

3.175 Prohibited dealing 19

Subdivision 3.5.2—Prohibition subject to conditions 19

3.180 Chemicals to which this Subdivision applies 19

3.185 Prohibition 19

3.190 Applications for permission to deal with dealing-prohibited chemicals 20

3.195 When permission may be granted 20

Division 3.6—Export 21

Subdivision 3.6.1—Absolute prohibition 21

3.200 Prohibited export 21

Subdivision 3.6.2—Prohibition subject to conditions 21

3.205 Chemicals to which this Subdivision applies 21

3.210 Prohibition 21

3.215 Applications for permission to export export-prohibited chemicals 22

3.220 Additional information required for certain exports 23

3.225 When permission must be granted 23

3.230 When permission may be granted 23

3.235 Required conditions 25

3.240 Deciding application for permission to export when import decision available 26

3.245 Deciding application for permission to export when import decision not known 26

3.250 When permission must be refused 27

Division 3.7—Multiple entry import and multiple exit export permits 28

3.305 Definitions 28

3.310 Purpose 28

3.315 Fit and proper person 28

3.320 Multiple entry import permits 29

3.325 When multiple entry import permits may be granted 29

3.330 Multiple exit export permits 29

3.335 When multiple exit export permits may be granted—general 29

3.340 Grant of multiple exit export permits in special circumstances 30

3.345 Annual reports 30

3.350 Period of validity and renewal of permit 30

Division 3.8—Conditions or restrictions of permissions or multiple permits 32

3.405 Conditions 32

3.410 Revocation etc of permission or multiple permits 32

Division 3.9—Review of decisions 33

3.505 Notice of authorised officer’s decision 33

3.510 Reconsideration of decisions by Minister 33

3.515 Notice of Minister’s decision 33

3.520 Review of decisions by Administrative Review Tribunal 34

3.550 Export of chemical products—fees for certificates 34

Part 3A—Infringement notices 35

3A.01 Infringement notices 35

Part 4—Miscellaneous 36

4.15 Method of securing samples 36

4.20 Reconsideration participation review 36

Part 5—Application, saving and transitional provisions 38

Division 1—Amendments made by the Minamata Convention on Mercury (Consequential Amendments) Regulations 2021 38

5.05 Amendments made by the Minamata Convention on Mercury (Consequential Amendments) Regulations 2021 38

Division 2—Amendments made by the Agricultural and Veterinary Chemicals Legislation Amendment (Improvements) Regulations 2021 39

5.10 Saving provisions relating to the Agricultural and Veterinary Chemicals Legislation Amendment (Improvements) Regulations 2021 39

Division 3—Amendments made by the Agricultural and Veterinary Chemicals Legislation Amendment (Infringement Notices) Regulations 2025 40

5.15 Amendments made by the Agricultural and Veterinary Chemicals Legislation Amendment (Infringement Notices) Regulations 2025 40

Schedule 1—Chemicals 41

Part 1—Reading this Schedule 41

Part 2—Chemical products defined in terms of a single active constituent 43

Part 3—Chemical products defined in terms of 2 or more active constituents 68

Schedules 2 to 4 69

Schedule 5—Infringement notices 70

Endnotes 72

Endnote 1—About the endnotes 72

Endnote 2—Abbreviation key 73

Endnote 3—Legislation history 74

Endnote 4—Amendment history 76

1 Preliminary

1.1 Name of Regulations

These Regulations are the Agricultural and Veterinary Chemicals (Administration) Regulations 1995.

1.3 Interpretation 1

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 (b) published by the Service in the journal Chemical Abstracts.

assigned to the chemical by the Chemical Abstracts Service, Columbus, Ohio, United States of America; and

(b) 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.

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.

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;

iii

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.

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.

Note: The Convention could in 2021 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).

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 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.

Secretariat means:

Note: In 2012, the text of the Convention was available at www.pic.int.

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).

veterinary chemical product has the same meaning as in the Agvet Code of the participating Territories.

Note: In 2012, the text of the Convention was available at www.pops.int.

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.

(3) A reference in these Regulations to an active constituent is a reference to an active constituent for a proposed or existing chemical product.

1.3A Meaning of controlled chemical 1

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.

1.4 Meaning of authorised officer

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.

1.5 Meaning of generic information about a person 1

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.

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.

1A Annual operational plan and annual report

1A.1 Information for inclusion in annual report

The APVMA must include in its annual report a list of:

(a) the standards made under Agricultural and Veterinary Chemicals Code Act 1994 during the period to which the annual report relates; andsection 6E of the Schedule to the

the standards made under section 6E that were varied by the APVMA during the period to which the annual report relates.

1A.3 Performance indicators for inclusion in annual report

For the purposes of paragraph 61(b) of the Act, the following performance indicators are prescribed:

(a) the number of reconsiderations commenced by the APVMA under Agricultural and Veterinary Chemicals Code Act 1994 (the Agvet Code Act) during the period to which the annual report relates;section 31 of the Schedule to the

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;

(d) the number of applications mentioned in each item of Agricultural and Veterinary Chemicals Code Regulations 1995 that were:Part 2 of Schedule 6 of the

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;

iii

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.

Note: Adverse experience reports are received under the Adverse Experience Reporting Program (AERP) which is a post-registration quality assurance program established by the APVMA.

2 Providing information about certain active constituents and chemical products

2.05 Prescribed international agreements (Act s 69CA(1))

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.

2.10 Prescribed chemicals (Act s 69CA(2))

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.

Note: For each constituent or product, the relevant item identifies the relevant international agreement or arrangement (see the Act, subsection 69CA(3)).

2.15 Prescribed chemicals (Act s 69CB(1))

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.

2.20 Prescribed information—import (Act ss 69CA(2)(a) and 69CB(2)(a))

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.

2.25 Prescribed information—manufacture (Act ss 69CA(2)(b) and 69CB(2)(b))

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.

2.30 Prescribed information—use (Act ss 69CA2)(b) or 69CB(2)(b))

Note: This regulation is reserved for information that may be prescribed for the purposes of paragraph 69CA(2)(b) or 69CB(2)(b) of the Act.

2.35 Prescribed information—other dealings (Act ss 69CA(2)(c) or 69CB(2)(c))

Note: This regulation is reserved for information that may be prescribed for the purposes of paragraph 69CA(2)(c) or 69CB(2)(c) of the Act.

2.40 Prescribed information—export (Act ss 69CA(2)(d) and 69CB(2)(d))

The following information about the export from Australia of a prescribed chemical is prescribed for the purposes of paragraphs 69CA(2)(d) and 69CB(2)(d) of the Act:

generic information about the exporter;

the technical name and common name of the chemical;

the name of importing country or countries;

the total quantity of the prescribed chemical exported in any calendar year or part of any calendar year, specifying the quantity exported to each named importing country;

any additional information specified in the relevant item in Schedule 1.

2.45 Prescribed period for giving prescribed information (Act ss 69CA(5) and 69CB(5)) 1

Subject to subregulation (2), for the purposes of subsections 69CA(5) and 69CB(5) of the Act, the period within which relevant prescribed information in respect of a prescribed chemical must be provided:

starts on the date when a notice setting out:

the obligation to provide information to the Department; and

the address where the information must be sent;

is published in the Gazette; and

ends 30 days after that date.

For the purposes of subsections 69CA(5) and 69CB(5) of the Act, the following prescribed information must be given to the Department by an importer, exporter or manufacturer on or before 28 February following the calendar year to which it relates:

the total quantity of the prescribed chemical imported in a calendar year, specifying the quantity imported from each named exporting country;

the total quantity of the prescribed chemical exported in a calendar year, specifying the quantity exported to each named importing country;

the total quantity of the prescribed chemical manufactured in a calendar year;

generic information about the importer, exporter or manufacturer.

3 Prohibition on import, manufacture etc of certain active constituents and chemical products 3.1 General

3.05 Prescribed international agreements (Act, s 69C)

Each of the following is a prescribed international agreement for the purposes of section 69C of the Act:

the Minamata Convention;

the Rotterdam Convention;

the Stockholm Convention.

3.10 Effect of grant of permissions or multiple permits

The grant of a permission or multiple permit under this Part does not excuse the holder from compliance with other requirements in the Act, in these Regulations and in other Commonwealth, State or Territory legislation relating to the controlled chemical to which the permission or permit relates.

3.15 Notice to be given if additional information required 1

An authorised officer or the Minister may, by written notice, require an applicant to give additional information in relation to the applicant’s application.

The notice must include a statement to the effect that:

the application will not be considered further until the applicant gives to the authorised officer or Minister the information; and

the application will be taken to have been withdrawn if the applicant does not give the information within 28 days after the day on which the notice is received by the applicant or within such further period as the authorised officer or Minister allows in writing.

If an applicant does not give the additional information within the required period, the application is taken to have been withdrawn.

In this regulation:

applicant means:

an applicant for a permission or multiple permit under this Part; or

an applicant for reconsideration under regulation 3.510.

3.20 Matters that may be considered when making decision

In making a decision whether to grant an application for a permission or multiple permit under this Part, the authorised officer may take into consideration:

whether the applicant has previously been granted a permission or permit of that kind; and

whether the applicant complied with any conditions or restrictions specified in the permission or permit; and

whether the applicant has failed to comply with any of the following:

the Act;

these Regulations;

iii

(iii) the Agricultural and Veterinary Chemicals Act 1994;

(iv) the Agricultural and Veterinary Chemicals Code Act 1994;

any Act relating to the collection of a levy on agricultural and veterinary chemical products;

(vi) the Industrial Chemicals (Notification and Assessment) Act 1989;

vii

regulations under any Act mentioned or referred to in subparagraphs (iii) to (vi).

3.2 Import 3.2.1 Absolute prohibition

3.45 Prohibited importation

Importation of controlled chemicals other than mercury-added products

The importation into Australia of a controlled chemical is prohibited if the relevant item in Schedule 1 states that its importation is prohibited in all cases.

Importation of controlled chemicals that are mercury-added products

The importation into Australia of a controlled chemical that is a mercury-added product is prohibited in all cases.

Prescribed condition

For the purposes of subsection 69C(1) of the Act, the condition that a person must not import a chemical in contravention of subregulation (1) or (1A) is prescribed.

3.2.2 Prohibition subject to conditions

3.50 Chemicals to which this Subdivision applies

Controlled chemicals other than mercury

This Subdivision applies to a controlled chemical if the relevant item in Schedule 1 states that its importation is prohibited except with written permission.

Controlled chemical that is mercury

Subject to subregulation (1B), this Subdivision also applies to a controlled chemical that is mercury.

This Subdivision does not apply to mercury that is imported from a Party to the Minamata Convention.

Import-prohibited chemicals

(2) In this Subdivision, a controlled chemical to which this Subdivision applies is called an import-prohibited chemical.

3.55 Prohibition 1

The importation into Australia of an import-prohibited chemical is prohibited unless:

an authorised officer or the Minister has given permission in writing to import the chemical; and

the permission is produced to a Collector; and

for a chemical listed in Schedule 1—any condition or restriction specified for the chemical in the relevant item in Schedule 1 is satisfied.

Note 1: The permission to import required under this regulation must be produced to a Collector for the purposes of complying with regulation 5I of the Customs (Prohibited Imports) Regulations 1956 in relation to the importation of chemicals under those Regulations that are active constituents or chemical products.

Note 2: A multiple entry import permit is a permission for purposes of this regulation (see subregulation 3.310(2)).

For the purposes of subsection 69C(1) of the Act, the following conditions or restrictions are prescribed for each such chemical:

a person must not import the chemical:

without the written permission of an authorised officer or the Minister; or

contrary to a condition or restriction specified in the permission;

a person who imports the chemical must not fail to produce the permission if asked to do so by a Collector;

for a chemical other than mercury—any condition or restriction specified for the chemical in the relevant item in Schedule 1.

Note: A person who imports such a chemical in contravention of a prescribed condition or restriction may be punished by a fine of up to 300 penalty units (see subsection 69C(5) of the Act).

This regulation applies despite:

the APVMA’s written consent to import referred to in subsection 69B(1B) of the Act; and

any approval to import under any other legislation.

3.60 Applications for permission to import import-prohibited chemicals 1

A person may apply to the Department for permission to import an import-prohibited chemical.

An application must be in the approved form and must include the following information:

generic information about the applicant;

the technical name, common name and CAS number (if known) of the chemical;

the quantity to be imported;

the name of the exporting country;

the intended use in Australia.

Note 1: The applicant may be required to give additional information (see regulation 3.15).

Note 2: An authorised officer must give written notice of his or her decision on the application (see regulation 3.505).

3.65 When permission may be granted

Permission to import an import-prohibited chemical other than mercury

An authorised officer may grant an application for permission to import an import-prohibited chemical specified in an item in Schedule 1 if the officer is satisfied that:

in the case of a chemical whose importation is stated in an item in Schedule 1 to be prohibited except with written permission under paragraph 3.65(1)(a)—the chemical is being imported for the purpose of environmentally sound disposal in accordance with paragraph (1)(d) of Article 6 of the Stockholm Convention; or

in any other case—the chemical is being imported for a use or purpose that is permitted under the relevant Convention.

Note: In deciding whether to grant the application, the officer may take into consideration the matters mentioned in regulation 3.20.

Permission to import an import-prohibited chemical that is mercury

(1A) An authorised officer may grant an application for permission to import an import-prohibited chemical that is mercury from a non-party (the exporting party) to the Minamata Convention only if the officer is satisfied that:

either:

Australia has provided the exporting party with written consent to the import; or

a general notification of consent is in force for Australia in accordance with paragraph 7 of Article 3 of the Minamata Convention; and

the exporting party has provided written certification that the mercury is neither sourced from primary mercury mining nor excess mercury from the decommissioning of chlor-alkali facilities.

Refusal to grant application

If the officer is not satisfied as to the matters mentioned in subregulation (1) or (1A), the officer must refuse to grant the application.

To avoid doubt, an authorised officer may refuse to grant an application despite the fact that the applicant has the APVMA’s written consent, referred to in subsection 69B(1B) of the Act, to import the import-prohibited chemical.

3.3 Manufacture 3.3.1 Absolute prohibition

3.100 Prohibited manufacture

Manufacture of controlled chemicals other than mercury-added products

The manufacture in Australia of a controlled chemical is prohibited if the relevant item in Schedule 1 states that its manufacture is prohibited in all cases.

Manufacture of controlled chemicals that are mercury-added products

The manufacture in Australia of a controlled chemical that is a mercury-added product is prohibited in all cases.

Prescribed condition

For the purposes of subsection 69C(1) of the Act, the condition that a person must not manufacture a chemical in contravention of subregulation (1) or (1A) is prescribed.

3.3.2 Prohibition subject to conditions

3.105 Chemicals to which this Subdivision applies 1

This Subdivision applies to a controlled chemical if the relevant item in Schedule 1 states that its manufacture is:

prohibited except with written permission; or

prohibited except if specified conditions are met.

(2) In this Subdivision, a controlled chemical to which this Subdivision applies is called a manufacture-prohibited chemical.

3.110 Prohibition 1

The manufacture in Australia of a manufacture-prohibited chemical is prohibited unless:

an authorised officer or the Minister has given permission in writing to manufacture the chemical (if such permission is required); and

any condition or restriction specified in the relevant item in Schedule 1 is satisfied.

For the purposes of subsection 69C(1) of the Act, the following conditions or restrictions are prescribed for each such chemical:

a person must not manufacture the chemical:

without the written permission of an authorised officer or the Minister (if such permission is required); or

contrary to a condition or restriction specified in the permission;

a person who manufactures the chemical must not fail to produce any required permission if asked to do so by:

an authorised officer; or

an officer of another Agency, or an officer or employee of a State or Territory government, authorised in writing by the Secretary for the purposes of this paragraph;

any condition or restriction specified in the relevant item in Schedule 1.

Note: A person who manufactures such a chemical in contravention of a prescribed condition or restriction may be punished by a fine of up to 300 penalty units (see subsection 69C(5) of the Act).

This regulation applies despite any approval to manufacture under any other legislation.

3.115 Applications for permission to manufacture manufacture-prohibited chemicals 1

A person may apply to the Department for permission to manufacture a manufacture-prohibited chemical.

An application must be in the approved form and must include the following information:

generic information about the applicant;

the technical name, common name and CAS number (if known) of the chemical;

the quantity to be manufactured.

Note 1: The applicant may be required to give additional information (see regulation 3.15).

Note 2: An authorised officer must give written notice of his or her decision on the application (see regulation 3.505).

3.120 When permission may be granted 1

An authorised officer may grant an application for permission to manufacture a manufacture-prohibited chemical if:

the manufacture of the chemical is stated in an item in Schedule 1 to be prohibited except with written permission under subregulation 3.120(1); and

the officer is satisfied that there is in effect for Australia a production-specific exemption for the chemical under Article 4 of the Stockholm Convention.

An authorised officer may grant an application for permission to manufacture a manufacture-prohibited chemical if:

the manufacture of the chemical is stated in an item in Schedule 1 to be prohibited except with written permission under subregulation 3.120(2); and

the officer is satisfied that, in accordance with paragraph 9 of Article 10 of the Rotterdam Convention, the chemical to be manufactured is to be exported and not used in Australia.

An authorised officer may grant an application for permission to manufacture a manufacture-prohibited chemical if:

neither subregulation (1) nor (2) applies; and

the chemical is to be manufactured for a use or purpose that is permitted under the relevant Convention.

Note: In deciding whether to grant the application, the officer may take into consideration the matters mentioned in regulation 3.20.

If the officer is not satisfied as to the matters mentioned in subregulation (1), (2) or (3), the officer must refuse to grant the application.

3.4 Use

3.145 Absolute prohibition 1

The use in Australia of a controlled chemical is prohibited if the relevant item in Schedule 1 states that its use is prohibited in all cases.

For the purposes of subsection 69C(1) of the Act, the condition that a person must not use a chemical in contravention of subregulation (1) is prescribed.

3.150 Prohibition subject to conditions 1

This regulation applies to a controlled chemical if:

the relevant item in Schedule 1 identifies the relevant international agreement or arrangement as the Stockholm Convention; and

that item states that use is prohibited unless paragraphs 3.150(2)(a) to (d) are complied with.

The use in Australia of a controlled chemical to which this regulation applies is prohibited unless:

the chemical is an approved active constituent or a registered chemical product; and

the use is in accordance with the instructions for its use that the APVMA has approved; and

the use is in accordance with a use-specific exemption that is in effect for Australia under Article 4 of the Stockholm Convention; and

the use is permitted under the law of the State or Territory in which the chemical is to be used.

3.5 Dealing with chemicals 3.5.1 Absolute prohibition

3.175 Prohibited dealing 1

Any dealing (other than importation, manufacture, use or exportation) in Australia of a controlled chemical is prohibited if the relevant item in Schedule 1 states that dealing in the chemical is prohibited in all cases.

For the purposes of subsection 69C(1) of the Act, the condition that a person must not deal in a chemical in contravention of subregulation (1) is prescribed.

3.5.2 Prohibition subject to conditions

3.180 Chemicals to which this Subdivision applies 1

This Subdivision applies to a controlled chemical if the relevant item in Schedule 1 states that Subdivision 3.5.2 applies to it.

(2) In this Subdivision, a controlled chemical to which this Subdivision applies is called a dealing-prohibited chemical.

3.185 Prohibition 1

Any dealing (other than importation, manufacture, use or exportation) of a dealing-prohibited chemical in Australia is prohibited unless an authorised officer or the Minister has given permission in writing to deal with the chemical in the relevant way.

For the purposes of subsection 69C(1) of the Act, the following conditions or restrictions are prescribed for each such chemical:

a person must not deal with the chemical:

without the written permission of an authorised officer or the Minister; or

contrary to a condition or restriction specified in the permission;

a person who deals with the chemical must not fail to produce the permission if asked to do so by:

an authorised officer; or

an officer of another Agency, or an officer or employee of a State or Territory government, authorised in writing by the Secretary for the purposes of this paragraph;

any condition or restriction specified in the relevant item in Schedule 1.

Note: A person who deals with such a chemical in contravention of a prescribed condition or restriction may be punished by a fine of up to 300 penalty units (see subsection 69C(5) of the Act).

This regulation applies despite any approval to deal with the chemical under any other legislation.

3.190 Applications for permission to deal with dealing-prohibited chemicals 1

A person may apply to the Department for permission to deal with a dealing-prohibited chemical.

An application to deal with a dealing-prohibited chemical must be in the approved form and must include the following information:

generic information about the applicant;

the technical name, common name and CAS number (if known) of the chemical;

information that the applicant considers supports the application.

Note 1: The applicant may be required to give additional information (see regulation 3.15).

Note 2: An authorised officer must give written notice of his or her decision on the application (see regulation 3.505).

3.195 When permission may be granted 1

An authorised officer may grant an application for permission to deal with a dealing-prohibited chemical if the officer is satisfied that the dealing is in accordance with Australia’s obligations under the relevant international agreement or arrangement.

Note: In deciding whether to grant the application, the officer may take into consideration the matters mentioned in regulation 3.20.

If the officer is not satisfied as to the matter mentioned in subregulation (1), the officer must refuse to grant the application.

3.6 Export 3.6.1 Absolute prohibition

3.200 Prohibited export

Export of controlled chemicals other than mercury-added products

The export from Australia of a controlled chemical is prohibited if the relevant item in Schedule 1 states that its export is prohibited in all cases.

Export of controlled chemicals that are mercury-added products

The export from Australia of a controlled chemical that is a mercury-added product is prohibited in all cases.

Prescribed condition

For the purposes of subsection 69C(1) of the Act, the condition that a person must not export a chemical in contravention of subregulation (1) or (1A) is prescribed.

3.6.2 Prohibition subject to conditions

3.205 Chemicals to which this Subdivision applies

Controlled chemicals other than mercury

This Subdivision applies to a controlled chemical if the relevant item in Schedule 1 states that its export is prohibited except with written permission.

Mercury and research mercury

This Subdivision also applies to:

a controlled chemical that is mercury; and

a chemical product that is research mercury.

Export-prohibited chemicals

In this Subdivision:

(a) a controlled chemical to which this Subdivision applies is called an export-prohibited chemical; and

(b) research mercury is also called an export-prohibited chemical.

3.210 Prohibition 1

The export from Australia of an export-prohibited chemical is prohibited unless:

an authorised officer or the Minister has given permission in writing to export the chemical; and

the permission is produced to a Collector; and

for a chemical that is listed in Schedule 1—any condition or restriction specified for the chemical in the relevant item in Schedule 1 is satisfied.

Note 1: The permission to export required under this regulation must be produced to a Collector for the purposes of complying with regulation 4A of the Customs (Prohibited Exports) Regulations 1958 in relation to the exportation of chemicals under those Regulations that are active constituents or chemical products.

Note 2: A multiple exit export permit is a permission for the purposes of this regulation (see subregulation 3.310(3)).

For the purposes of subsection 69C(1) of the Act, the following conditions or restrictions are prescribed for each such chemical:

a person must not export the chemical:

without the written permission of an authorised officer or the Minister; or

contrary to a condition or restriction specified in the permission;

a person who exports the chemical must not fail to produce the permission if asked to do so by a Collector;

for a chemical other than mercury—any condition or restriction specified for the chemical in the relevant item in Schedule 1.

Note: A person who exports such a chemical in contravention of a prescribed condition or restriction may be punished by a fine of up to 300 penalty units (see subsection 69C(5) of the Act).

This regulation applies despite:

the APVMA’s certificate setting out its findings (if any) in relation to the export of a chemical product under section 69D of the Act; and

any approval to export under any other legislation.

3.215 Applications for permission to export export-prohibited chemicals 1

A person may apply to the Department for permission to export an export-prohibited chemical.

An application must be in the approved form and must include the following information:

generic information about the applicant;

the technical name, common name and CAS number (if known) of the chemical;

the quantity to be exported;

the name of the importing country;

the name of any transit country (if known);

the intended use in the importing country.

Note 1: The applicant may be required to give additional information (see regulation 3.15).

Note 2: An authorised officer must give written notice of his or her decision on the application (see regulation 3.505).

3.220 Additional information required for certain exports 1

This regulation applies to an export-prohibited chemical if the relevant item in Schedule 1 states that the chemical is subject to a notification of final regulatory action by Australia under Article 5 of the Rotterdam Convention.

An application for permission to export a chemical to which this regulation applies must, in addition to the information required under regulation 3.215, include the following information:

expected date of export;

category (pesticide or industrial use) under which the chemical is being exported;

the name and address of the importer;

precautionary measures to reduce exposure to, and emission of, the chemical;

in the case of a mixture or preparation, the concentration of the prescribed active constituent or constituents.

Note The above information forms part of the export notification required under Article 12 of the Rotterdam Convention.

3.225 When permission must be granted 1

An authorised officer must grant an application for permission to export an export-prohibited chemical if:

the relevant item in Schedule 1 identifies the relevant international agreement or arrangement as the Rotterdam Convention; and

the export is to a non-party to that Convention.

An authorised officer must grant an application for permission to export research mercury if the export is to a non-party to the Rotterdam Convention.

3.230 When permission may be granted

Export-prohibited chemicals specified in Schedule 1—Stockholm Convention

An authorised officer may grant an application for permission to export an export-prohibited chemical whose export is stated in an item in Schedule 1 to be prohibited except with written permission under paragraph 3.230(1)(a), (b) or (c) if the officer is satisfied that the export is:

for the purpose of environmentally sound disposal in accordance with paragraph (1)(d) of Article 6 of the Stockholm Convention; or

to a party that is permitted to use the chemical under Annex A or B of the Stockholm Convention; or

to a State not Party to the Stockholm Convention (within the meaning of paragraph 2 of Article 3 of that Convention) that has provided an annual certification to Australia in accordance with that paragraph.

Note 1: The export of an active constituent or chemical product for the purpose of environmentally sound disposal must also comply with the Hazardous Waste (Regulation of Exports and Imports) Act 1989 and any regulations made under that Act.

Note 2: Under paragraph 2(b)(iii) of Article 3 of the Stockholm Convention, the annual certification of a non-party must:

specify the intended use of the chemical; and

include a statement that, with respect to that chemical, the importing State is committed to:

protect human health and the environment by taking the necessary measures to minimize or prevent releases;

comply with the provisions of paragraph 1 of Article 6; and

iii

comply, where appropriate, with the provisions of paragraph 2 of Part II of Annex B; and

include any appropriate supporting documentation, such as legislation, regulatory instruments, or administrative or policy guidelines.

Note 3: Paragraph 2(d) of Article 3 of the Stockholm Convention states:

‘For the purposes of this paragraph, the term “State not Party to this Convention” shall include with respect to a particular chemical, a State or regional economic integration organization that has not agreed to be bound by the Convention with respect to that chemical.’.

Export-prohibited chemicals specified in Schedule 1—Rotterdam Convention

An authorised officer may grant an application for permission to export an export-prohibited chemical if:

the relevant item in Schedule 1 identifies the relevant international agreement or arrangement as the Rotterdam Convention; and

the export is to a party to that Convention; and

the officer is satisfied that the export complies with the requirements of that Convention.

Export of export-prohibited chemical that is mercury to a Party to the Minamata Convention

(2A) An authorised officer may grant an application for permission to export an export-prohibited chemical that is mercury to a Party (the importing Party) to the Minamata Convention if the authorised officer is satisfied that:

the importing Party has provided its written consent to the export; and

the mercury is to be exported:

for a use allowed to the importing Party under the Minamata Convention; or

for environmentally sound interim storage as set out in Article 10 of the Minamata Convention.

Export of export-prohibited chemical that is mercury to a non-party to the Minamata Convention

(2B) An authorised officer may grant an application for permission to export an export-prohibited chemical that is mercury to a non-party (the importing party) to the Minamata Convention if the authorised officer is satisfied that the importing party has provided:

its written consent to the export; and

its written certification demonstrating that:

it has measures in place to ensure the protection of human health and the environment; and

it has measures in place to ensure compliance with Articles 10 and 11 of the Minamata Convention; and

iii

the mercury will be used only for a use allowed under the Minamata Convention to a Party to the Minamata Convention or for environmentally sound interim storage as set out in Article 10 of the Minamata Convention.

Export of export-prohibited chemical that is research mercury

An authorised officer may grant an application for permission to export an export-prohibited chemical that is research mercury if:

the export is to a Party to the Rotterdam Convention; and

the authorised officer is satisfied that the export complies with the requirements of that Convention.

Export of other export-prohibited chemicals

An authorised officer may grant an application for permission to export an export-prohibited chemical if:

none of subregulations (1) to (2C) apply; and

the chemical is being exported for a use or purpose in the importing country that is permitted under the relevant Convention.

Note: In deciding whether to grant the application, the officer may take into consideration the matters mentioned in regulation 3.20.

Refusal to grant application

To avoid doubt, an authorised officer may refuse to grant an application despite the fact that the APVMA has given a certificate setting out its findings (if any) in relation to the export of the chemical product under section 69D of the Act.

3.235 Required conditions 1

This regulation applies to the export of an export-prohibited chemical if:

either:

the relevant item in Schedule 1 identifies the relevant international agreement or arrangement as the Rotterdam Convention; or

the chemical is research mercury; and

the export is to a party to that Convention.

It is a condition of a permission for the export that the exporter will:

include the Harmonized System customs code for the chemical (if assigned) on shipping documentation; and

ensure that the labelling of the chemical complies with relevant international standards (including standards requiring information regarding risks and hazards to human health and the environment); and

if the chemical is to be used for occupational purposes, give to the importer a safety data sheet that:

is in accordance with an internationally recognised format; and

sets out up-to-date information; and

iii

if practicable, is in one of the official languages of the country to which the chemical is to be exported; and

give to the Department, on or before 28 February following each calendar year, a statement of the total quantity of the chemical exported in the calendar year, naming each importing country and specifying how much of the chemical was exported to each importing country.

3.240 Deciding application for permission to export when import decision available 1

This regulation applies to the export of an export-prohibited chemical if:

the relevant item in Schedule 1 identifies the relevant international agreement or arrangement as the Rotterdam Convention; or

the chemical is research mercury.

In making a decision whether to grant an application for permission to export the chemical to a party to the Convention, an authorised officer must take into consideration:

any import decision notified to the Secretariat by the party; and

if the chemical is described in the relevant item in Schedule 1 as a severely hazardous pesticide formulation, any applicable condition or restriction specified in that item; and

whether the applicant has provided any additional information required under regulation 3.220.

Note: Under Article 10 of the Convention, the Secretariat must, every 6 months, inform all parties of the import responses it has received. It does so by way of a six-monthly information circular.

3.245 Deciding application for permission to export when import decision not known 1

This regulation applies to the export of an export-prohibited chemical if:

either:

the relevant item in Schedule 1 identifies the relevant international agreement or arrangement as the Rotterdam Convention; or

the chemical is research mercury; and

the export is to a party to that Convention; and

the party’s import decision is not known.

An authorised officer must not grant an application for permission to export the chemical, unless he or she is satisfied that the export will not be in breach of Australia’s obligations under Article 11 of the Rotterdam Convention.

Note: The import decision of a party may not be known because:

the party failed to transmit to the Secretariat its decision; or

the party transmitted an import response stating that a final import decision is under consideration or requesting more information or assistance in making its decision (see paragraph 4 (b) of Article 10 of the Rotterdam Convention).

3.250 When permission must be refused 1

An authorised officer must refuse to grant an application mentioned in any of subregulations 3.230(1) to (3) for permission to export an export-prohibited chemical if the officer is not satisfied as to the matters mentioned in the relevant subregulation in relation to the application.

(2) An authorised officer must refuse an application for permission to export an export-prohibited chemical if:

either:

the relevant item in Schedule 1 identifies the relevant international agreement or arrangement as the Rotterdam Convention; or

the chemical is research mercury; and

the export is to a party to that Convention; and

any of the following applies:

the officer is not satisfied that the export complies with the Rotterdam Convention;

the party has notified to the Secretariat an import decision not to consent to the import;

iii

the party has notified to the Secretariat an import decision to consent to the import only subject to specified conditions and the authorised officer is not satisfied that those conditions have been met or will be met.

Note: A list of the parties to the Rotterdam Convention is available at http://www.pic.int.

An authorised officer must refuse to grant an application for permission to export an export-prohibited chemical if:

neither subregulation (1) nor (2) applies; and

the chemical is being exported for a use or purpose in the importing country that is not permitted under the relevant Convention.

3.7 Multiple entry import and multiple exit export permits

3.305 Definitions

In this Division:

export-prohibited chemical means a controlled chemical (other than mercury), and includes research mercury.

import-prohibited chemical means a controlled chemical (other than mercury) to which Subdivision 3.2.2 applies.

3.310 Purpose 1

(1) The purpose of this Division is to allow persons who from time to time import import-prohibited chemicals, or export export-prohibited chemicals, to apply for a permission to import (multiple entry import permit) or export (multiple exit export permit) those chemicals over a period of time, instead of having to apply for a permission for each import or export.

A multiple entry import permit is a permission for the purposes of regulation 3.55.

A multiple exit export permit is a permission for the purposes of regulation 3.210.

3.315 Fit and proper person 1

For the purposes of regulation 3.340, an authorised officer must have regard to the following matters in determining whether a person is a fit and proper person:

any conviction of the applicant for an offence against the Act or these Regulations;

if the applicant is an individual:

any conviction of the applicant for an offence under a law of the Commonwealth, of a State or of a Territory that is punishable by imprisonment for a period of one year or longer; and

whether the applicant is bankrupt;

if the applicant is a corporation:

any conviction of the applicant for an offence under a law of the Commonwealth, of a State or of a Territory that is punishable by a fine of 50 penalty units or more, being an offence committed at a time when a person who is a director, officer or shareholder of the company was a director, officer or shareholder of the company; and

(ii) whether the applicant is a Chapter 5 body corporate (within the meaning of the Corporations Act 2001);

whether the applicant has previously held a multiple permit or a permission under this Part;

whether the applicant complied with any conditions or restrictions specified in the permit or permission.

To avoid doubt, the matters mentioned in subregulation (1) are in addition to:

any matters that an authorised officer is required to take into consideration under a provision of this Division; and

any other matters that are relevant.

3.320 Multiple entry import permits

Note: Regulation 3.320 is reserved.

3.325 When multiple entry import permits may be granted

Note: Regulation 3.325 is reserved.

3.330 Multiple exit export permits 1

This regulation applies if:

the relevant item in Schedule 1 identifies the relevant international agreement or arrangement as the Rotterdam Convention; and

either:

the export is to a non-party to that Convention; or

the chemical to be exported is a severely hazardous pesticide formulation that is of a form different from, or is of a concentration lower than, the relevant formulation given in Schedule 1.

A person may apply to the Department for a multiple exit export permit.

An application must be in the approved form and must include generic information about the applicant and the following information in respect of each export-prohibited chemical to be exported under the permit:

the technical name, common name and CAS number (if known) of each chemical;

the non-parties to which exports are to be made (if applicable);

the formulation to be exported (if applicable);

the quantity of chemical to be exported under the permit or, if that quantity is not known, an estimate of the quantity to be exported.

3.335 When multiple exit export permits may be granted—general 1

An authorised officer may grant an application for a multiple exit export permit if the officer is satisfied that the exports to be made under the permit comply with the requirements of the Rotterdam Convention.

Note: In deciding whether to grant the application, the officer may take into consideration the matters mentioned in regulation 3.20.

An authorised officer must refuse to grant an application if:

the officer is not satisfied as to the matter mentioned in subregulation (1); or

the applicant has at any time failed to comply with any condition or restriction specified in a permission or permit.

3.340 Grant of multiple exit export permits in special circumstances

Despite any thing else in this Division, an authorised officer may grant a multiple exit export permit to a person if the authorised officer is satisfied that:

the relevant items in Schedule 1 for the export-prohibited chemicals to be exported under the permit identify the relevant international agreement or arrangement as the Rotterdam Convention; and

the person has, over an aggregate period of at least 1 year, exported export-prohibited chemicals; and

the person has complied with the requirements of the Act and these Regulations in relation to those exports; and

the person is a fit and proper person.

Note: In deciding whether to grant the permit, the officer may take into consideration the matters mentioned in regulation 3.20.

3.345 Annual reports 1

The holder of a multiple permit must give to the Department an annual report about imports or exports made under the permit.

The report:

must state the name of the holder, the identification number and date of issue, of the permit; and

must include the following information in respect of the chemicals imported or exported under the permit:

the technical name and common name of the chemical;

the name of the exporting or importing countries;

iii

the date of each import or export;

the name of any transit country (if known);

any additional information required as a condition or restriction specified on the permit;

the quantity of each kind of chemical imported from or exported to each named exporting or importing country; and

must be signed by the holder of the permit; and

must be given on or before 28 February of each year.

3.350 Period of validity and renewal of permit 1

A multiple permit is valid until the end of 31 March next occurring after the permit is granted.

An application for renewal of a permit may be made in writing by the holder of the permit not more than 60 days before the day on which the permit ceases to be valid under subregulation (1).

An authorised officer may grant an application for renewal if the authorised officer is satisfied that:

the holder has not imported or exported a chemical in contravention of the permit; and

the holder has complied with any conditions or restrictions specified in the permit; and

the holder continues to be a fit and proper person (if applicable); and

the holder has complied with the annual reporting requirements under regulation 3.345.

3.8 Conditions or restrictions of permissions or multiple permits

3.405 Conditions

A permission or multiple permit granted under this Part may specify conditions or restrictions to be complied with by the holder and may, in respect of any such condition or restriction, specify a time (being a time before or after the act permitted) at or before which the holder must comply with the condition or restriction.

3.410 Revocation etc of permission or multiple permits 1

An authorised officer may revoke, vary or suspend a permission or multiple permit granted under this Part.

The authorised officer must give to the holder of a permission or permit written notice of the revocation, variation or suspension of the permission or permit within 10 days after doing so.

The notice must include:

a brief statement of the reasons for the revocation, variation or suspension; and

a statement that the applicant may apply to the Minister for reconsideration of the decision.

A failure to comply with subregulation (2) or (3) does not affect the validity of the revocation, variation or suspension.

3.9 Review of decisions

3.505 Notice of authorised officer’s decision 1

An authorised officer must give, to an applicant for a permission or multiple permit under this Part, written notice of the officer’s decision on the application within 10 days after making the decision.

A notice of a decision to refuse to grant a permission or permit must include:

a brief statement of the reasons for the refusal; and

a statement that the applicant may apply to the Minister for reconsideration of the decision.

A failure to comply with subregulation (1) or (2) in relation to a decision does not affect the validity of the decision.

3.510 Reconsideration of decisions by Minister 1

An application for reconsideration of the following decisions may be made to the Minister by the applicant for, or the holder of, a permission or multiple permit:

an authorised officer’s decision to refuse to grant a permission or permit;

an authorised officer’s decision to revoke, vary or suspend a permission or permit.

The application must be made in writing within 15 days after the applicant receives notice of the decision.

The Minister may:

grant or refuse to grant a permission or permit; or

vary or affirm a decision to revoke, vary or suspend a permission or permit; or

set aside, and substitute his or her decision for, a decision to revoke, vary or suspend a permission or permit.

3.515 Notice of Minister’s decision 1

The Minister must give, to a person who applies for reconsideration of a decision, written notice of the Minister’s decision on the person’s application within 10 days after making the decision.

The notice must include a statement that the person may apply to the Administrative Review Tribunal for a review of the decision.

A failure to comply with subregulation (1) or (2) in relation to a decision does not affect the validity of the decision.

3.520 Review of decisions by Administrative Review Tribunal

An application may be made to the Administrative Review Tribunal for a review of the Minister’s decision on an application for reconsideration under this Division.

3.550 Export of chemical products—fees for certificates 1

Subject to subregulation (2), the following fees are prescribed for subsection 69D(1) of the Act:

$125 as the standard fee for a certificate;

if the certificate requires technical or scientific assessment to be undertaken by the APVMA, a further $105 for the assessment.

(2) No fee is payable for a certificate (the subsequent certificate) if an applicant applies for the subsequent certificate on the same day when the applicant applied for another certificate (the original certificate), and the original and subsequent certificates are:

the same in all respects; or

the same in all respects except for one or more of the following:

the addressee of the certificate;

the country to which the chemical product is to be exported;

iii

the authority of the country to which the chemical product is to be exported.

(3) For the purposes of subsection 69D(1) of the Act, a fee is prescribed if the applicant requires the APVMA to request the performance, in relation to a certificate (whether original or subsequent), of a consular act for which a fee (the consular fee):

(a) is imposed under the Consular Fees Act 1955; and

is payable by the APVMA.

The amount of the fee prescribed under subregulation (3) is an amount equal to the amount of the consular fee.

3A Infringement notices

3A.01 Infringement notices 1

(1) For the definition of prescribed civil penalty provision in section 4 of the Act, each civil penalty provision mentioned in Schedule 5 is prescribed.

For the purposes of subsection 69EKA(3) of the Act, Schedule 5 sets out:

a scale of amounts, being penalty units, for an alleged contravention by an individual of a civil penalty provision, covered by an item of the table in that Schedule, in the circumstances (if any) covered by that item; and

a scale of amounts, being penalty units, for an alleged contravention by a corporation of a civil penalty provision, covered by an item of the table in that Schedule, in the circumstances (if any) covered by that item.

4 Miscellaneous

4.15 Method of securing samples 1

This regulation applies to an inspector who exercises:

the monitoring power mentioned in paragraph 69EAC(1)(g) of the Act to take and keep samples of any thing on any premises; or

the investigation power mentioned in paragraph 69EBA(1)(g) of the Act to take a sample and keep samples of any thing on any premises.

The inspector must ensure that:

the sample is contained and sealed in an appropriate vessel or package; and

the vessel or package is so marked as to clearly identify the sample; and

the vessel or package cannot be opened, or the identification of the sample removed, without breaking the seal; and

the sample is stored and transported in such a way that the composition of the sample is not altered.

4.20 Reconsideration participation review 1

(1) The Minister must ensure that a review (a reconsideration participation review) is conducted in relation to strategies to encourage participation by industry in reconsiderations under Division 4 of Part 2 of the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994.

Terms of reference

The terms of reference for the reconsideration participation review must include terms that require the following:

the identification of any problems with the chemical industry and user industries participating in reconsiderations under that Division, including:

any obstacles or disincentives to the provision of information to support ongoing registration of chemical products under that Division; and

compensation for providers of information;

the identification of options for addressing any identified problems and for collaboratively generating information, including the following options:

the task force approach adopted by the United States Environmental Protection Agency;

other relevant approaches used in comparable markets outside Australia;

iii

other options to reduce the need for the generation and provision of information;

an analysis of the costs and benefits of identified options for addressing problems, including an analysis of the impacts of the options on:

different sectors of the chemical industry and user industries; and

the availability, and safe use, of chemical products;

the making of recommendations, relating to matters within the APVMA’s functions and powers, for preferred options to address any identified problems.

Persons conducting review

At least one of the persons conducting the review must not be otherwise appointed, employed or engaged in an ongoing capacity by the Commonwealth.

Use of external expertise

The persons conducting the review may draw on external expertise where necessary for the review.

Public consultation

The review must involve the publication of a public consultation document in relation to the review that includes a request for submissions in relation to the review from members of the public.

Submissions received in relation to the review must be:

considered by the persons conducting the review; and

made public, unless the person making the submission has requested that the submission, or a part of the submission, be kept confidential.

Time for completion of review

The review must be completed, and a written report of the review given to the Minister, no later than 30 June 2019.

Review report and response

The Minister must ensure that the report of the review is published on the Department’s website within 6 weeks of receiving the report.

The Minister must ensure that the Minister’s response to the report of the review is published on the Department’s website within 3 months of receiving the report.

5 Application, saving and transitional provisions 1 Amendments made by the Minamata Convention on Mercury (Consequential Amendments) Regulations 2021

5.05 Amendments made by the Minamata Convention on Mercury (Consequential Amendments) Regulations 2021

Application of amendments

(1) The amendments of these Regulations made by the Minamata Convention on Mercury (Consequential Amendments) Regulations 2021 apply in relation to the following:

the importation into, export from, or manufacture in, Australia of mercury or mercury-added products on or after the commencement of that instrument (whether any application for permission to do so was made before, on or after that commencement);

the export of research mercury from Australia on or after the commencement of that instrument (whether the application for permission to export was made before, on or after that commencement).

Pending applications for permissions to export mercury

If:

(a) an application was made before the commencement of the Minamata Convention on Mercury (Consequential Amendments) Regulations 2021 under regulation 3.215 of these Regulations for a permission to export mercury (within the meaning of these Regulations as amended by that instrument); and

as at immediately before the commencement of that instrument, no decision on the application had been made;

the application is taken, at the commencement of that instrument, never to have been made.

2 Amendments made by the Agricultural and Veterinary Chemicals Legislation Amendment (Improvements) Regulations 2021

5.10 Saving provisions relating to the Agricultural and Veterinary Chemicals Legislation Amendment (Improvements) Regulations 2021 1

(1) Despite the repeal of regulation 4.10 by the Agricultural and Veterinary Chemicals Legislation Amendment (Improvements) Regulations 2021, that regulation, as in force immediately before the commencement of this regulation, continues to apply on and after that commencement for the purposes of the continued application of section 69E of the Act as mentioned in subitem 35(1) of Schedule 1 to the Agricultural and Veterinary Chemicals Legislation Amendment (Australian Pesticides and Veterinary Medicines Authority Board and Other Improvements) Act 2021.

(2) Despite the repeal of item 8 of the table in Schedule 5 by the Agricultural and Veterinary Chemicals Legislation Amendment (Improvements) Regulations 2021, that item, as in force immediately before the commencement of this regulation, continues to apply on and after that commencement in relation to a contravention of subsection 69E(1) of the Act that occurs before, on or after that commencement.

3 Amendments made by the Agricultural and Veterinary Chemicals Legislation Amendment (Infringement Notices) Regulations 2025

5.15 Amendments made by the Agricultural and Veterinary Chemicals Legislation Amendment (Infringement Notices) Regulations 2025

The amendments of this instrument made by Agricultural and Veterinary Chemicals Legislation Amendment (Infringement Notices) Regulations 2025 apply in relation to an infringement notice given on or after the day on which this regulation commences, whether the alleged contravention occurred before, on or after that day.Part 1 of Schedule 1 to the

Chemicals

(regulation 1.3, definition of controlled chemical)

1 Description of chemicals 1

Each chemical dealt with in Part 2 or 3 of this Schedule is described in a separate item in the form of a small table, as follows:

in Part 2, which covers chemicals defined in terms of a single active constituent (whether or not at a concentration above a specified concentration):

the heading is the common name of the active constituent; and

the first row gives the active constituent’s IUPAC name; and

iii

the second row gives its CAS number; and

if the chemical is a prescribed active constituent or prescribed chemical product for the purposes of subsection 69CA(2) of the Act, the third row states that fact; and

the fourth row identifies, for subsection 69CA(3) of the Act, the relevant international agreement or arrangement; and

the fifth row sets out any conditions or restrictions applicable to the chemical;

in Part 3, which covers chemical products defined in terms of 2 or more active constituents (whether or not at concentrations above specified concentrations, and whether or not in a particular form):

the heading is or includes the common names of the active constituents in the chemical product, and may specify the concentration of 1 or more or them and a particular form; and

the first row gives the names of each chemical (including their IUPAC names and CAS numbers) and their concentration in the chemical product, and, if the item applies only to a particular form of the chemical product, that form; and

iii

the second row identifies, for subsection 69CA(3) of the Act, the relevant international agreement or arrangement; and

the third row sets out any conditions or restrictions applicable to the chemical product.

Note: The international agreement or arrangement so identified is also the agreement or arrangement under which the import, manufacture etc of the formulation may be prohibited (absolutely or subject to prescribed conditions or restrictions) under Part 3.

There may be 1 or more additional rows in a particular item giving or requiring additional information, and any information so given, or any such requirement, is part of the item.

2 References to controlled chemical in Regulations as applied to this Schedule

To avoid doubt, a reference in these Regulations to a relevant item in this Schedule for a controlled chemical includes (consistently with the definition of controlled chemical) a chemical product that contains the active constituent dealt with in the item.

1 2-(Acetoxymercuric)ethanol

2 2,4,5 - T and its salts and esters

Note: The CAS number refers to 2,4,5-T only.

2A Alachlor

2AA Aldicarb

3 Aldrin (HHDN)

3AA Azinphos - methyl

3A Binapacryl 4 Captafol 4A Carbofuran 5 Chlordane 6 Chlordimeform 7 Chlorobenzilate 8 Cyano(methylmercuric)guanidine 9 DDT (pp’-DDT) 10 Dieldrin (HEOD) 10A Dinitro-ortho-cresol (DNOC) and its salts

Note: The CAS number refers to DNOC only.

11 Dinoseb and its salts and esters

Note: The CAS number refers to Dinoseb only.

11A Endosulfan 13 Endrin 14 Ethylene dibromide (EDB) 14A Ethylene dichloride 14B Ethylene oxide 15 Fluoroacetamide 16 HCH (mixed isomers) (BHC) (HCH) (except gamma isomer) 17 Heptachlor 18 Hexachlorobenzene (HCB) 19 Hydroxymercuri-o-nitrophenol 20 Lindane (-BHC, -HCH) 21 Mercuric acetate 22 Mercuric chloride 23 Mercuric oxide 24 Mercurous chloride 26 Mercury naphthenate 27 Mercury oleate 28 Mercury pentanedione 29 Mercury phenate 30 Methamidophos 31 Methazole 32 Methylmercury 2,3-dihydroxypropyl mercaptide 33 Methylmercury 8-quinolinolate 34 Methylmercury acetate 35 Methylmercury benzoate 36 Methylmercury hydroxide 37 Methylmercury nitrite 38 Methylmercury propionate 39 Mirex 40 Monocrotophos 41 N-(phenylmercuric) urea 42 Parathion (ethyl) 43 Parathion-methyl 44 Pentachlorophenol and its salts and esters

Note: The CAS number refers to Pentachlorophenol only.

45 Phenylethylmercuric salicylate 46 Phenylmercuric acetate 47 Phenylmercuric ammonium acetate 48 Phenylmercuric ammonium propionate 49 Phenylmercuric borate 50 Phenylmercuric carbonate 51 Phenylmercuric chloride 52 Phenylmercuric dimethyldithiocarbamate 53 Phenylmercuric formamide 54 Phenylmercuric hydroxide 55 Phenylmercuric lactate 56 Phenylmercuric monoethanol ammonium acetate 57 Phenylmercuric monoethanol ammonium lactate 58 Phenylmercuric napthenate 59 Phenylmercuric nitrate 60 Phenylmercuric oleate 61 Phenylmercuric propionate 62 Phenylmercuric salicylate 63 Phenylmercuric thiocyanate 64 Phenylmercuric threthanol ammonium lactate 65 Phenylmercuric-2-ethylhexonate 66 Phenylmercuric-8-quinolinate 67 Phenyl mercury lauryl mercaptide 67A Phorate 68 Phosphamidon 69 Toxaphene (camphechlor) 70 Tribufos 71 Tributyltin compounds

Note: Tributyltin compounds are a class of chemicals. The structure of each chemical includes the tributyltin group, which on its own has a formula written as C₁₂H₂₇Sn or (C₄H₉)₃Sn. Items 72 to 78 are specific examples of this class.

72 Tributyltin benzoate 73 Tributyltin chloride 74 Tributyltin fluoride 75 Tributyltin linoleate 76 Tributyltin methacrylate 77 Tributyltin naphthenate 78 Tributyltin oxide 79 Trichlorfon 1 Benomyl/carbofuran/thiram dustable powder

Schedules 2 to 4

Note: Schedules 2 to 4 are reserved for future use.

Infringement notices

Note: See regulation 3A.01.

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