Prepared by the Office of Parliamentary Counsel, Canberra
Agricultural and Veterinary Chemicals
(Administration) Act 1992
No. 262 of 1992
Compilation No. 34
Compilation date: 21 October 2016
Includes amendments up to: Act No. 61, 2016
Registered: 28 October 2016
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About this compilation
This compilation
This is a compilation of the Agricultural and Veterinary Chemicals
(Administration) Act 1992 that shows the text of the law as amended and in
force on 21 October 2016 (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. Any uncommenced amendments affecting the law are accessible
on the Legislation Register (www.legislation.gov.au). The details of
amendments made up to, but not commenced at, the compilation date are
underlined in the endnotes. For more information on any uncommenced
amendments, see the series page on the Legislation Register for the compiled
law.
Application, saving and transitional provisions for provisions and
amendments
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.
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. For
more information on any modifications, see the series page on the Legislation
Register for the compiled law.
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If a provision of the compiled law has been repealed in accordance with a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.
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Contents
Part 1—Preliminary 1 1 Short title ...........................................................................................1
2 Commencement.................................................................................1
3 Object ................................................................................................1
4 Interpretation .....................................................................................1
5 Extension to external Territories .......................................................5
5A Application of the Criminal Code .....................................................5
Part 2—Establishment, functions and powers of APVMA 6 6 Australian Pesticides and Veterinary Medicines Authority ...............6
7 Functions and powers ........................................................................6
7A Annual publication of standards for certain residues of
chemical products..............................................................................8
8 Consultation.......................................................................................9
8A Consultation with Gene Technology Regulator...............................10
9 Agreements and arrangements.........................................................11
9A APVMA to comply with policies of Governments of
Commonwealth, States and participating Territories.......................12
10 Minister may give directions ...........................................................12
10A Chief Executive Officer not subject to direction on certain
matters .............................................................................................13
11 Delegation by APVMA ...................................................................13
Part 3—Constitution of APVMA and Advisory Board 14
Division 1—Constitution of APVMA 14
12 APVMA is body corporate etc. .......................................................14
13 Constitution of APVMA..................................................................14
Division 2—The Advisory Board 15
14 Establishment ..................................................................................15
15 Membership.....................................................................................15
16 Function of Advisory Board ............................................................15
Division 3—Appointment etc. of members of Advisory Board 16
17 Appointment....................................................................................16
18 Term of appointment .......................................................................17
19 Remuneration and allowances .........................................................17
21 Leave of absence .............................................................................18
22 Resignation......................................................................................18
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23 Disclosure of interests .....................................................................18
24 Termination of appointment ............................................................19
25 Terms and conditions of appointment not provided for by
Act ...................................................................................................19
25A Board members are officials of the APVMA...................................19
Division 4—Advisory Board procedures 20
26 Meetings between the Chief Executive Officer and the
Advisory Board ...............................................................................20
27 Meetings of the Advisory Board......................................................21
Division 5—Committees 23
28 Establishment of committees ...........................................................23
29 Meetings of committees...................................................................23
29A Remuneration and allowances of committee members....................24
30 Arrangements relating to staff etc....................................................25
Part 4—Chief Executive Officer 26 31 Chief Executive Officer...................................................................26
32 Duties ..............................................................................................26
32A Working with the Advisory Board ..................................................26
33 Appointment....................................................................................27
34 Term of appointment .......................................................................27
35 Remuneration and allowances .........................................................27
37 Terms and conditions of appointment .............................................27
38 Chief Executive Officer not to engage in other paid
employment .....................................................................................28
39 Leave of absence for recreation .......................................................28
40 Leave of absence for other purposes................................................28
41 Resignation......................................................................................28
41A Termination of appointment ............................................................28
42 Disclosure of interests .....................................................................29
43 Acting Chief Executive Officer .......................................................29
44 Delegation by the Chief Executive Officer......................................30
Part 5—Staff and consultants 31 45 Staff .................................................................................................31
46 Staff to be made available to the APVMA ......................................31
47 Consultants ......................................................................................32
Part 6—Corporate and annual operational plans 33 51 Approval of corporate plan..............................................................33
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52 Variation of corporate plan..............................................................33
55 Development of annual operational plan .........................................34
56 Approval of annual operational plan ...............................................34
57 Variation of annual operational plan ...............................................35
Part 7—Finance and reporting requirements 36
Division 1—Finance 36
58 Money payable to the APVMA .......................................................36
59 Application of money by the APVMA ............................................37
Division 2—Reporting requirements 38
61 Annual report...................................................................................38
Division 3—Exemption from taxation 39
62 Exemption from taxation .................................................................39
Part 7A—Importation, manufacture and exportation of
chemicals 40
Division 1—Interpretation 40
69A Interpretation ...................................................................................40
Division 2—Importation, manufacture and exportation 41
Subdivision A—Importation 41
69B Importation offence .........................................................................41
Subdivision B—Provision of information 43
69CA Providing information about certain chemical products etc.
to comply with international agreements .........................................43
69CB Providing information about certain chemical products etc.
under international consideration.....................................................44
69CC Relevant agency to provide information to other countries .............46
69CD Contraventions relating to providing information under
sections 69CA and 69CB.................................................................47
Subdivision C—Chemical products etc. subject to international
agreements 49
69C Prohibition on import, manufacture, use or export of certain
chemical products etc. under international agreements ...................49
Subdivision D—Exportation 50
69D Export of chemical products............................................................50
Subdivision E—Miscellaneous 52
69E Annual returns .................................................................................52
69EA Keeping of records ..........................................................................53
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69EAA Definitions.......................................................................................54
Part 7AA—Investigative powers 55
Division 1—Monitoring 55
Subdivision A—Monitoring powers etc. 55
69EAB Powers available to inspectors for monitoring compliance .............55
69EAC Monitoring powers—with consent or with warrant .........................56
69EAD Operating electronic equipment.......................................................57
69EAE Securing evidence of the contravention of a related provision ........58
69EAF Persons assisting inspectors.............................................................59
69EAG Use of force in executing a monitoring warrant ..............................60
Subdivision B—Powers of inspectors to ask questions and seek
production of documents 60
69EAH Inspector may ask questions and seek production of
documents........................................................................................60
69EAJ Copying of documents.....................................................................61
Division 2—Investigation 62
Subdivision A—Investigation powers 62
69EB Powers available to inspectors to investigate potential
breaches of this Act and the Collection Act.....................................62
69EBA Investigation powers........................................................................62
69EBB Operating electronic equipment.......................................................64
69EBC Seizing evidence of related offences and civil penalty
provisions ........................................................................................65
69EBD Persons assisting inspectors.............................................................67
69EBE Use of force in executing an investigation warrant..........................67
Subdivision B—Powers of inspectors to ask questions and seek
production of documents 68
69EC Inspector may ask questions and seek production of
documents........................................................................................68
69ECA Copying of documents.....................................................................68
Division 3—Obligations and incidental powers of inspectors 69
69ED Consent............................................................................................69
69EDA Announcement before entry under warrant .....................................69
69EDB Inspector to be in possession of warrant ..........................................70
69EDC Details of warrant etc. to be given to occupier ................................70
69EDD Expert assistance to operate electronic equipment...........................71
69EDE Compensation for damage to electronic equipment.........................72
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Division 4—Execution of an investigation warrant interrupted 74
69EE Completing execution of an investigation warrant after
temporary cessation .........................................................................74
69EEA Completing execution of an investigation warrant stopped by
court order .......................................................................................75
Division 5—Occupier’s rights and responsibilities 76
69EF Occupier entitled to observe execution of warrant ..........................76
69EFA Occupier to provide inspector with facilities and assistance............76
Division 6—General provisions relating to seizure 77
69EG Copies of seized things to be provided ............................................77
69EGA Receipts for seized things ................................................................77
69EGB Return of seized things ....................................................................77
69EGC Magistrate may permit a thing to be kept ........................................78
69EGD Disposal of things ............................................................................79
Division 7—Applying for warrants etc. 80
69EH Monitoring warrants ........................................................................80
69EHA Investigation warrants .....................................................................81
69EHB Warrants by telephone, fax etc. .......................................................83
69EHC Authority of warrant ........................................................................84
69EHD Offence relating to warrants by telephone, fax etc. .........................85
Division 8—Powers of magistrates 86
69EI Powers of issuing officers................................................................86
Part 7AB—Enforcement 87
Division 1—Civil penalty orders 87
Subdivision A—Obtaining a civil penalty order 87
69EJ Civil penalty orders .........................................................................87
69EJA Maximum penalties for contravention of civil penalty
provisions ........................................................................................88
69EJB Civil enforcement of penalty ...........................................................89
69EJC Conduct contravening more than one civil penalty provision..........89
69EJD Multiple contraventions...................................................................89
69EJE Proceedings may be heard together .................................................90
69EJF Civil evidence and procedure rules for civil penalty orders.............90
69EJG Contravening a civil penalty provision is not an offence.................90
Subdivision B—Civil proceedings and criminal proceedings 90
69EJH Civil proceedings after criminal proceedings ..................................90
69EJI Criminal proceedings during civil proceedings ...............................90
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69EJJ Criminal proceedings after civil proceedings ..................................91
69EJK Evidence given in civil proceedings not admissible in
criminal proceedings .......................................................................91
Subdivision C—Miscellaneous 91
69EJL Continuing contraventions of civil penalty provisions ....................91
69EJM Ancillary contravention of civil penalty provisions.........................92
69EJN Mistake of fact.................................................................................92
69EJO State of mind ...................................................................................93
69EJP Evidential burden for exceptions .....................................................94
69EJQ Liability of body corporate for actions by employees, agents
or officers ........................................................................................94
69EJR Liability of executive officers..........................................................94
69EJS Establishing whether an executive officer took reasonable
steps to prevent the contravention of a civil penalty provision ........95
Division 2—Infringement notices 96
69EK When an infringement notice may be given ....................................96
69EKA Matters to be included in an infringement notice.............................96
69EKB Extension of time to pay amount .....................................................97
69EKC Withdrawal of an infringement notice .............................................98
69EKD Effect of payment of amount ...........................................................99
69EKE Effect of this Division ...................................................................100
Division 3—Enforceable undertakings 101
69EL Acceptance of undertakings...........................................................101
69ELA Enforcement of undertakings.........................................................102
Division 4—Injunctions 103
69EM Grant of injunctions.......................................................................103
69EMA Discharging or varying injunctions................................................104
69EMB Certain limits on granting injunctions not to apply........................104
69EMC Other powers of a court unaffected................................................105
Division 5—Substantiation notices 106
69EN APVMA may require claims to be substantiated etc. ....................106
69ENA Compliance with substantiation notices.........................................107
69ENB Failure to comply with substantiation notice .................................107
Division 6—Formal warnings 109
69EO APVMA may issue a formal warning............................................109
Division 7—Miscellaneous 110
69EP Hearings ........................................................................................110
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69EQ Self-incrimination to be a reasonable excuse for
non-compliance with requirement .................................................111
69ER False or misleading information or document ...............................111
69ES Evidential certificates ....................................................................112
69ET Forfeiture.......................................................................................113
69EU Conduct by directors, employees and agents .................................114
Part 7B—Modification of the Agvet Codes for the purpose of
giving effect to paragraph 3 of Article 39 of the TRIPS
Agreement 116 69EV Definitions.....................................................................................116
69EW Modification of Agvet Codes ........................................................116
69EX Application of Part ........................................................................117
69EY APVMA not to grant current application except in certain
circumstances ................................................................................117
69EZ Approval given in contravention of section 69EY is not
invalid but is to be cancelled .........................................................118
69EZA Power of APVMA to grant multiple approvals to be subject
to section 69EY .............................................................................118
69EZB Power of APVMA to use information obtained by it for other
purposes not to be affected ............................................................118
Part 8—Miscellaneous 119 69F Appointment of inspectors.............................................................119
69G Approval of analysts......................................................................120
69H Exemptions from liability for damages .........................................120
69HA Protection of inspectors etc............................................................123
69J Documents or substances held by APVMA at
commencement of Agvet Codes ....................................................123
70 Acts done by APVMA...................................................................123
71 Delegation by Minister ..................................................................124
72 Review of Agvet Scheme every 10 years ......................................124
73 Regulations....................................................................................125
Part 9—Transitional provisions 126 74 Staff ...............................................................................................126
75 Transfers of certain assets to APVMA ..........................................126
76 Agreements etc.—Minister may make arrangements ....................127
78 Money paid in advance to Commonwealth ...................................127
79 Rights in respect of services and facilities formerly provided
by Department ...............................................................................128
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80 Delegations....................................................................................129
Endnotes 130
Endnote 1—About the endnotes 130
Endnote 2—Abbreviation key 132
Endnote 3—Legislation history 133
Endnote 4—Amendment history 139
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Preliminary Part 1
Section 1
Agricultural and Veterinary Chemicals (Administration) Act 1992 1
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An Act to establish an authority for the registration
of agricultural and veterinary chemicals, and for
related purposes
Part 1—Preliminary
1 Short title
This Act may be cited as the Agricultural and Veterinary
Chemicals (Administration) Act 1992.
2 Commencement
(1) Subject to subsection (2), this Act commences on a day to be fixed
by Proclamation.
(2) If this Act does not commence under subsection (1) within the
period of 6 months beginning on the day on which it receives the
Royal Assent, it commences on the first day after the end of that
period.
3 Object
The object of this Act is to establish a national registration
authority to administer such laws of the Commonwealth or of the
States and Territories relating to agricultural and veterinary
chemical products as confer functions and powers on the
Authority.
4 Interpretation
In this Act, unless the contrary intention appears:
Advisory Board means the Advisory Board of the APVMA
established by section 14.
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Section 4
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APVMA means the Australian Pesticides and Veterinary
Medicines Authority continued in existence by section 6.
Board member means a member of the Advisory Board appointed
in accordance with section 17 (including the Chair).
Chair means the Chair of the Advisory Board.
chemical product has the same meaning as in the Agvet Code of
the participating Territories.
Chief Executive Officer means the Chief Executive Officer
appointed in accordance with section 33.
civil penalty order has the meaning given by subsection 69EJ(4).
civil penalty provision means a provision declared by this Act or
the Collection Act to be a civil penalty provision.
Collection Act means the Agricultural and Veterinary Chemical
Products (Collection of Levy) Act 1994.
committee means a committee established under section 28.
confidential commercial information has the same meaning as in
the Code set out in the Schedule to the Agricultural and Veterinary
Chemicals Code Act 1994.
copy, in relation to a warrant issued under section 69EH or 69EHA
(or a form of warrant completed under subsection 69EHB(6)),
includes:
(a) a copy sent by fax or other electronic means; or
(b) a copy of a copy so sent.
damage has the same meaning as in the Code set out in the
Schedule to the Agricultural and Veterinary Chemicals Code Act
1994.
data has the same meaning as in the Code set out in the Schedule
to the Agricultural and Veterinary Chemicals Code Act 1994.
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Section 4
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evidential burden, in relation to a matter, means the burden of
adducing or pointing to evidence that suggests a reasonable
possibility that the matter exists or does not exist.
evidential material means any of the following:
(a) a thing with respect to which an offence against this Act or
the Collection Act has been committed or is suspected, on
reasonable grounds, to have been committed;
(b) a thing with respect to which a civil penalty provision has
been contravened or is suspected, on reasonable grounds, to
have been contravened;
(c) a thing that there are reasonable grounds for suspecting will
afford evidence as to the commission of such an offence or
contravention of such a civil penalty provision;
(d) a thing that there are reasonable grounds for suspecting is
intended to be used for the purpose of committing such an
offence or contravening such a civil penalty provision.
executive officer of a body corporate means a person, by whatever
name called and whether or not a director of the body, who is
concerned in, or takes part in, the management of the body.
Finance Minister means the Minister who administers the Public
Governance, Performance and Accountability Act 2013.
Gene Technology Regulator has the same meaning as in the Gene
Technology Act 2000.
GM product has the same meaning as in the Gene Technology Act
2000.
industry means the agricultural and veterinary chemicals industry.
inspector means:
(a) a person appointed as an inspector for the purposes of this
Act under subsection 69F(1); or
(b) a person to whom an authorisation referred to in
subsection 69F(2) applies for the purposes of this Act.
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Section 4
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investigation powers has the meaning given by sections 69EBA,
69EBB and 69EBC.
investigation warrant means:
(a) a warrant issued under section 69EHA; or
(b) a warrant signed by a magistrate under section 69EHB, being
a warrant of the same kind as would have been issued under
section 69EHA.
member of the staff, in relation to the APVMA, means:
(a) a person referred to in subsection 45(1); or
(b) a person whose services are made available to the APVMA
under paragraph 46(1)(a) or under arrangements made under
subsection 46(2).
monitoring powers has the meaning given by sections 69EAC,
69EAD and 69EAE.
monitoring warrant means:
(a) a warrant issued under section 69EH; or
(b) a warrant signed by a magistrate under section 69EHB, being
a warrant of the same kind as would have been issued under
section 69EH.
occupier has the same meaning as in the Code set out in the
Schedule to the Agricultural and Veterinary Chemicals Code Act
1994.
participating Territory has the same meaning as in the
Agricultural and Veterinary Chemicals Act 1994.
person assisting an inspector:
(a) in relation to the exercise of monitoring powers—has the
meaning given by section 69EAF; and
(b) in relation to the exercise of investigation powers—has the
meaning given by section 69EBD.
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premises has the same meaning as in the Code set out in the
Schedule to the Agricultural and Veterinary Chemicals Code Act
1994.
prescribed civil penalty provision means a civil penalty provision
that is prescribed by the regulations.
relevant data means information relevant to determining whether:
(a) this Act, or the Collection Act, has been, or is being,
complied with; or
(b) information provided under this Act, or the Collection Act, is
correct; or
(c) levy is payable under the Collection Act.
State includes the Northern Territory.
Territory does not include the Northern Territory.
warrant means a monitoring warrant or an investigation warrant.
5 Extension to external Territories
This Act extends to every external Territory that is a participating
Territory.
5A Application of the Criminal Code
Chapter 2 (other than Part 2.5) of the Criminal Code applies to all
offences against this Act.
Note: Chapter 2 of the Criminal Code sets out the general principles of
criminal responsibility.
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Section 6
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Part 2—Establishment, functions and powers of
APVMA
6 Australian Pesticides and Veterinary Medicines Authority
The body known immediately before the commencement of this
section as the National Registration Authority for Agricultural and
Veterinary Chemicals is continued in existence with the new name,
Australian Pesticides and Veterinary Medicines Authority.
7 Functions and powers
(1) The APVMA has any functions and powers that are conferred on it
by or under this Act or the Agvet Code, or the Agvet Regulations,
of the participating Territories.
(1A) The functions of the APVMA include the following:
(a) to assess the suitability for sale in Australia of active
constituents for proposed or existing chemical products,
chemical products and labels for containers for chemical
products;
(b) to provide information to the Governments and authorities of
the Commonwealth, the States and the participating
Territories about approved active constituents for proposed
or existing chemical products, registered chemical products,
reserved chemical products and approved labels for
containers for chemical products and to co-operate with those
Governments and authorities on matters relating to the
management and control of chemical products;
(c) to keep records and statistics of approvals and registrations
granted, and permits and licences issued, by it under the
Agvet Codes;
(d) to evaluate the effects of the use of chemical products in the
States and participating Territories;
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(e) to co-operate with Governments and authorities of the
Commonwealth, the States and the participating Territories
for the purpose of facilitating a consistent approach to the
assessment and control of chemicals;
(f) in co-operation with Governments and authorities of the
Commonwealth, the States and the participating Territories,
to develop codes of practice, standards and guidelines for,
and to recommend precautions to be taken in connection
with, the manufacture, export, import, sale, handling,
possession, storage, disposal and use of chemical products in
the States and participating Territories;
(g) to collect, interpret, disseminate and publish information
relating to chemical products and their use;
(h) to encourage and facilitate the application and use of results
of evaluation and testing of chemical products;
(i) to exchange information relating to chemical products and
their use with overseas and international bodies having
functions similar to the APVMA’s functions;
(j) when requested by the Minister, or on its own initiative, to
report to or advise the Minister on any matter relating to
chemical products or arising in the course of the performance
of its functions;
(k) to encourage and facilitate the introduction of uniform
national procedures for control of the use of chemical
products;
(l) to fund, and co-operate in, a program designed to ensure that
active constituents for proposed or existing chemical
products, chemical products, and labels for containers for
chemical products, comply with the Agvet Codes and the
Agvet Regulations.
(1B) Expressions used in subsection (1A) have the same meanings as in
the Code set out in the Schedule to the Agricultural and Veterinary
Chemicals Code Act 1994.
(1C) The APVMA has any functions and powers that are conferred on it
by Division 2A of Part 3 of the Food Standards Australia New
Zealand Act 1991.
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(2) The APVMA has any functions and powers that are expressed to
be conferred on it by a law of a State.
(3) The APVMA has power to do all things necessary or convenient to
be done in connection with the performance of its functions and, in
particular, may:
(a) enter into contracts; and
(b) acquire, hold and dispose of real and personal property; and
(c) occupy, use and control any land or building owned or held
under lease by the Commonwealth, a State or a Territory and
made available for the purposes of the APVMA; and
(d) appoint agents and attorneys, and act as agent for other
persons; and
(da) make available to the public, either without charge or upon
payment of a fee to the APVMA, manuals, reports, lists of
requirements and other documents; and
(e) do anything incidental to any of its powers.
(4) In the performance of its functions and the exercise of its powers,
the APVMA is to have regard to the Commonwealth
Government’s policy in relation to the principle of ecologically
sustainable development and, in particular, to the need to use,
conserve and enhance the community’s resources so that ecological
processes, on which life depends, are maintained, and the total
quality of life, now and in the future, can be increased.
7A Annual publication of standards for certain residues of chemical
products
(1) The APVMA must publish, in an appropriate manner, in each
calendar year approved standards for residues of chemical products
in protected commodities.
(2) In this section:
protected commodity has the same meaning as in the Agvet Code.
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8 Consultation
(1) The APVMA, for the purpose of considering any matter, or
obtaining information or advice, relating to the performance of its
functions, may consult with persons or bodies, including:
(a) persons or bodies involved in the industry; and
(b) the Commonwealth Government or State Governments or
Commonwealth or State authorities having functions relating
to agricultural or veterinary chemicals; and
(ba) a national regulatory authority of a foreign country that has
national responsibility relating to the evaluation, registration
or control of agricultural or veterinary chemical products;
and
(c) persons (including members of the scientific community)
having a particular interest in matters associated with the
industry; and
(d) persons or bodies having a particular interest in the
protection of the interests of consumers or in the protection
of the environment.
(1A) If the matter that is being considered by the APVMA, or in respect
of which the APVMA is seeking information or advice, relates to
an active constituent for a proposed or existing chemical product, a
chemical product, or a label for containers for a chemical product,
the APVMA may make available to the person or body concerned:
(a) information obtained by it with respect to the constituent,
product or label; and
(b) samples of the constituent, of any of the active constituents
of the product, or of the product, or samples or copies of the
label, as the case may be.
(2) The APVMA may:
(a) pay travel expenses reasonably incurred by a person in
connection with consultations by the APVMA; and
(b) subject to written guidelines given to the APVMA by the
Minister, pay expenses (other than travel expenses)
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reasonably incurred by a body or person in connection with
consultations by the APVMA.
(3) To avoid doubt, the APVMA does not consult the Advisory Board
for the purposes of this section when the Chief Executive Officer
requests advice from the Board.
8A Consultation with Gene Technology Regulator
(1) This section applies to the following:
(a) an active constituent for a proposed or existing chemical
product, being an active constituent that is or contains a GM
product;
(b) a proposed or existing chemical product that is or contains a
GM product.
(2) The APVMA must consult the Gene Technology Regulator in
accordance with this section for the purposes of the following:
(a) deciding whether to grant an application under the Code in
relation to any of the following:
(i) approval of the active constituent;
(ii) registration of the chemical product;
(iii) approval of a label for containers for the chemical
product;
(b) deciding whether to grant an application under the Code in
relation to a variation of any of the following:
(i) the approval of the active constituent;
(ii) the registration of the chemical product;
(iii) the approval of a label for containers for the chemical
product;
if the variation may affect the GM product;
(c) reconsidering any of the following:
(i) the approval of the active constituent;
(ii) the registration of the chemical product;
(iii) the approval of a label for containers for the chemical
product;
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(d) deciding whether to issue a permit in respect of:
(i) the active constituent; or
(ii) the chemical product.
(3) If the APVMA is required to consult the Gene Technology
Regulator under subsection (2), the APVMA must give written
notice to the Gene Technology Regulator:
(a) stating that the application has been made, the
reconsideration is to be undertaken, or the issue of the permit
is being considered; and
(b) requesting the Gene Technology Regulator to give advice
about the application, reconsideration, or issue.
(4) If the APVMA gives the Gene Technology Regulator a notice
under subsection (3), the Gene Technology Regulator may give
written advice to the APVMA about the application,
reconsideration, or issue.
(5) The advice is to be given within the period specified in the notice.
(6) If the APVMA receives advice from the Gene Technology
Regulator in response to a notice under this section within the
period specified in the notice, the APVMA must:
(a) ensure that the advice is taken into account in making a
decision on the application, reconsideration, or issue to which
the notice relates; and
(b) inform the Gene Technology Regulator of the decision.
(7) Unless the contrary intention appears, expressions used in this
section have the same meanings as in the Agricultural and
Veterinary Chemicals Code Act 1994.
9 Agreements and arrangements
(1) The Minister, or a person authorised in writing by the Minister,
may enter into an agreement or arrangement with a Minister of a
State for the performance of functions or the exercise of powers by
the APVMA as an agent of the State.
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(2) The APVMA has such functions and powers as are referred to in
such an agreement or arrangement.
9A APVMA to comply with policies of Governments of
Commonwealth, States and participating Territories
If there is an agreement in force between the Government of the
Commonwealth and the Governments of all or any of the States
and participating Territories for the purposes of this Act and the
Agvet Codes, the APVMA must, in the performance of its
functions and the exercise of its powers, comply with any policies
of those Governments determined under the agreement.
10 Minister may give directions
(1) Subject to subsection (2), the Minister may give written directions
to the APVMA concerning the performance of its functions or the
exercise of its powers, and the APVMA must comply with any
such direction.
(2) The Minister must not give a direction to the APVMA unless:
(a) the Minister is satisfied that it is necessary to give the
direction to the APVMA in order to ensure that, in
performing its functions, or exercising its powers, the
APVMA complies with policies referred to in section 9A;
and
(b) the Minister has given to the APVMA a written notice stating
that the Minister is considering giving the direction; and
(c) the Minister has given to the Chief Executive Officer an
adequate opportunity to discuss with the Minister the need
for the proposed direction.
(3) Subject to subsection (4), if the Minister gives a direction to the
APVMA, the Minister must:
(a) cause a notice setting out particulars of the direction to be
published in the Gazette as soon as practicable after giving
the direction; and
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(b) cause a copy of that notice to be laid before each House of
the Parliament within 15 sitting days of that House after the
publication of the notice in the Gazette.
(4) Subsection (3) does not apply in relation to a particular direction if
the Minister determines, in writing, that compliance with the
subsection is undesirable because it would, or would be likely to,
be prejudicial to the national interest of Australia.
(5) A direction under subsection (1) is not a legislative instrument.
10A Chief Executive Officer not subject to direction on certain
matters
To avoid doubt, section 10 does not empower the Minister to direct
the Chief Executive Officer in relation to the Chief Executive
Officer’s performance of functions, or exercise of powers, under
the Public Governance, Performance and Accountability Act 2013
or as an Agency Head under the Public Service Act 1999.
11 Delegation by APVMA
(1) The APVMA may, by writing under its common seal, delegate to:
(b) a committee; or
(c) a member of the staff of the APVMA; or
(d) an authority of the Commonwealth; or
(e) a person appointed or engaged under the Public Service Act
1999;
all or any of the APVMA’s powers and functions.
(1A) The APVMA may only delegate its powers under section 130 or
section 131AA of the Code set out in the Schedule to the
Agricultural and Veterinary Chemicals Code Act 1994 to a
member of staff who is an SES, or acting SES, employee.
(2) A delegate of the APVMA is, in the exercise of the delegate’s
delegated powers and functions, subject to the APVMA’s
directions.
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Part 3—Constitution of APVMA and Advisory
Board
Division 1—Constitution of APVMA
12 APVMA is body corporate etc.
(1) The APVMA:
(a) is a body corporate with perpetual succession; and
(b) is to have a common seal; and
(c) may sue and be sued in its corporate name.
(2) The common seal of the APVMA must be kept in such custody as
the APVMA directs and must not be used except as authorised by
the APVMA.
(3) All courts, judges and persons acting judicially must take judicial
notice of the imprint of the common seal of the APVMA appearing
on a document and must presume that it was duly affixed.
13 Constitution of APVMA
(1) The APVMA consists of the Chief Executive Officer.
(2) The performance of a function or the exercise of a power of the
APVMA is not affected by a vacancy in the office of the Chief
Executive Officer.
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Division 2—The Advisory Board
14 Establishment
The Advisory Board of the APVMA is established by this section.
15 Membership
The Advisory Board consists of up to 9 Board members.
16 Function of Advisory Board
(1) The Advisory Board’s function is, either on its own initiative or at
the request of the Chief Executive Officer, to provide advice and
make recommendations to the Chief Executive Officer in relation
to the performance of a function or the exercise of a power of the
APVMA.
(2) The Advisory Board has power to do all things necessary or
convenient to be done for or in connection with the performance of
its function.
(3) To avoid doubt, the Advisory Board cannot give any directions to
the Chief Executive Officer.
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Division 3—Appointment etc. of members of Advisory
Board
17 Appointment
(1) A Board member is to be appointed by the Minister by written
instrument, on a part-time basis.
(2) When appointing Board members, the Minister must ensure that:
(a) two Board members have experience in the regulation, under
State or Territory law, of chemical products; and
(b) one Board member has experience in the agricultural
chemical industry; and
(c) one Board member has experience in the veterinary chemical
industry; and
(d) one Board member has experience in primary production;
and
(e) one Board member has experience in environmental
toxicology, including knowledge of the effect of chemicals in
ecosystems; and
(f) one Board member has experience in protecting consumer
interests; and
(g) one Board member has experience in public health and
occupational health and safety; and
(h) if the Minister considers it necessary—one Board member
has experience in a field relevant to the APVMA’s functions.
(3) The Minister must appoint one of the Board members to be the
Chair.
(4) The Minister must consult the Chief Executive Officer before
appointing a person as a Board member or as the Chair.
(5) A person’s appointment as a Board member is not invalid because
of a defect or irregularity in connection with the person’s
appointment.
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18 Term of appointment
A Board member holds office for the period specified in the
instrument of appointment. The period must not exceed 3 years.
Note: A Board member is eligible for reappointment: see section 33AA of
the Acts Interpretation Act 1901.
19 Remuneration and allowances
(1) A Board member is to be paid such remuneration as is determined
by the Remuneration Tribunal. If no determination of that
remuneration is in operation, the Board member is to be paid such
remuneration as is prescribed.
(2) A Board member is to be paid the allowances that are prescribed.
(3) If a person who is a Board member:
(a) is a member of the Parliament of a State; or
(b) is a candidate for election to the Parliament of a State and,
under the law of the State, would not be eligible to be elected
as a member of that Parliament if the person were entitled to
remuneration or allowances under this Act; or
(c) is in service or employment of a State, or of an authority of a
State, on a full-time basis; or
(d) holds or performs the duties of an office or position
established by or under a law of a State on a full-time basis;
the person must not be paid remuneration or allowances under this
Act, but is to be reimbursed the expenses that the person
reasonably incurs in performing duties under this Act.
(4) This section has effect subject to the Remuneration Tribunal Act
1973.
(5) In this section:
Parliament of a State:
(a) in relation to the Australian Capital Territory—means the
Legislative Assembly for the Australian Capital Territory; or
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(b) in relation to the Northern Territory—means the Legislative
Assembly of the Northern Territory.
State includes the Australian Capital Territory and the Northern
Territory.
21 Leave of absence
(1) The Minister may grant leave of absence to the Chair on the terms
and conditions that the Minister determines.
(2) The Chair may grant leave of absence to another Board member on
the terms and conditions that the Chair determines.
22 Resignation
(1) A Board member may resign by giving to the Minister a signed
notice of resignation.
(2) The Chair may resign his or her appointment as the Chair without
resigning his or her appointment as a Board member.
23 Disclosure of interests
(1) A disclosure by a Board member under section 29 of the Public
Governance, Performance and Accountability Act 2013 (which
deals with the duty to disclose interests) must be made to:
(a) the Minister; and
(b) the Chief Executive Officer, if a meeting under section 26 of
this Act is considering, or is about to consider, a matter to
which the disclosure would be relevant.
(2) Subsection (1) applies in addition to any rules made for the
purposes of section 29 of the Public Governance, Performance and
Accountability Act 2013.
(3) For the purposes of this Act and the Public Governance,
Performance and Accountability Act 2013, the Board member is
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taken not to have complied with section 29 of that Act if the Board
member does not comply with subsection (1) of this section.
24 Termination of appointment
The Minister may terminate the appointment of a Board member.
25 Terms and conditions of appointment not provided for by Act
A Board member holds office on such terms and conditions (if
any) in relation to matters not provided for by this Act as are
determined, in writing, by the Minister.
25A Board members are officials of the APVMA
For the purposes of the Public Governance, Performance and
Accountability Act 2013, a Board member is an official (within the
meaning of that Act) of the APVMA.
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Division 4—Advisory Board procedures
26 Meetings between the Chief Executive Officer and the Advisory
Board
Holding meetings
(1) The Chief Executive Officer must hold such meetings with the
Advisory Board as are necessary for the efficient performance of
the APVMA’s functions.
(2) Meetings are to be held at the times and places that the Chief
Executive Officer determines.
Note: Section 33B of the Acts Interpretation Act 1901 provides for
participation in meetings by telephone, etc.
Presiding at meetings
(3) The Chief Executive Officer, or a person directed by the Chief
Executive Officer, is to preside at meetings.
Procedure of meetings
(4) The Chief Executive Officer may determine the procedure to be
followed at or in relation to meetings, including matters with
respect to:
(a) holding meetings; and
(b) the quorum for meetings (including requirements that
particular Board members be present); and
(c) regulating the way in which meetings are conducted.
(5) The Chief Executive Officer must ensure that minutes of meetings
are kept.
Attendance by the Secretary
(6) The Secretary, or a person authorised by the Secretary, may attend
meetings.
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Attendance by non-Board members
(7) The Chief Executive Officer may invite a person, other than a
Board member or the Secretary, to attend a meeting for the purpose
of advising or informing it on any matter and may pay expenses
incurred by the person in attending the meeting.
(8) The minutes of a meeting under this section must record:
(a) any disclosure referred to in paragraph 23(1)(b) relevant to a
matter considered, or about to be considered, at the meeting;
and
(b) any decision made by the Chief Executive Officer in relation
to the disclosure.
Hearings held by the APVMA
(10) Subsections (1) to (4) apply to a hearing held by the APVMA as if
it were a meeting held by the Chief Executive Officer with the
Advisory Board.
27 Meetings of the Advisory Board
Holding meetings
(1) The Chair of the Advisory Board may hold such meetings of the
Advisory Board as are necessary for the efficient performance of
the Advisory Board’s function.
Procedure of meetings
(2) Subject to subsection (4), the Chief Executive Officer may, by
writing, determine matters relating to the operation of the Advisory
Board.
(3) Subject to subsection (4), if no determination is in force for the
purposes of subsection (2), the Advisory Board may operate in the
way it determines.
(4) The Chair must ensure that minutes of meetings are kept.
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Attendance by Chief Executive Officer
(7) The Chair of the Advisory Board may invite the Chief Executive
Officer to attend all or part of an Advisory Board meeting.
Determination not a legislative instrument
(8) A determination made under subsection (2) is not a legislative
instrument.
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Division 5—Committees
28 Establishment of committees
(1) The APVMA may establish committees to assist it in the
performance of its functions and the exercise of its powers, and
may abolish any such committee.
(2) A committee is to consist of such persons (whether Board members
or not) as the APVMA determines.
29 Meetings of committees
(1) The APVMA may determine:
(a) the manner in which a committee is to perform its functions;
and
(b) the procedure to be followed at or in relation to the meetings
of a committee, including matters with respect to:
(i) the convening of meetings; and
(ii) the number of members of the committee who are to
form a quorum; and
(iii) the selection of a member of the committee to be the
Chairperson of the committee; and
(iv) the manner in which questions arising at a meeting are
to be decided.
(2) If a member of a committee has a direct or indirect financial
interest in a matter being considered, or about to be considered, by
the committee, the member must, as soon as practicable after the
member becomes aware of the relevant facts, disclose the nature of
the interest at a meeting of the committee.
(3) A disclosure under subsection (2) must be recorded in the minutes
of the meeting and the member must not, unless the APVMA
otherwise determines:
(a) be present during any deliberation of the committee with
respect to that matter; or
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(b) take part in any decision of the committee with respect to that
matter.
29A Remuneration and allowances of committee members
(1) A member of a committee (other than a Board member) is to be
paid such remuneration as is determined by the Remuneration
Tribunal but, if no determination is in operation, the member is to
be paid such remuneration as is prescribed.
(2) A member of a committee (other than a Board member) is to be
paid such allowances as are prescribed.
(3) If a person who is a member of a committee:
(a) is a member of the Parliament of a State; or
(b) is a candidate for election to the Parliament of a State and,
under the law of the State, would not be eligible to be elected
as a member of that Parliament if the person were entitled to
remuneration or allowances under this Act; or
(c) is in service or employment of a State, or of an authority of a
State, on a full-time basis; or
(d) holds or performs the duties of an office or position
established by or under a law of a State on a full-time basis;
the person must not be paid remuneration or allowances under this
Act, but is to be reimbursed the expenses that the person
reasonably incurs in performing duties under this Act.
(4) This section has effect subject to the Remuneration Tribunal Act
1973.
(5) In this section:
Parliament of a State:
(a) in relation to the Australian Capital Territory—means the
Legislative Assembly for the Australian Capital Territory; or
(b) in relation to the Northern Territory—means the Legislative
Assembly of the Northern Territory.
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State includes the Australian Capital Territory and the Northern
Territory.
30 Arrangements relating to staff etc.
The Chairperson of a committee is to arrange with the Chief
Executive Officer for the services of employees of, and consultants
to, the APVMA, and for facilities of the APVMA, to be made
available to the committee.
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Part 4—Chief Executive Officer
31 Chief Executive Officer
There is to be a Chief Executive Officer of the APVMA.
32 Duties
(1) The Chief Executive Officer is to manage the affairs of the
APVMA and in doing so, may exercise any of the powers and
perform any of the functions of the APVMA.
(3) All acts and things done in the name of, or on behalf of, the
APVMA by the Chief Executive Officer are taken to have been
done by the APVMA.
32A Working with the Advisory Board
(1) In managing the affairs of the APVMA, the Chief Executive
Officer must have regard to the advice and recommendations given
to him or her by the Advisory Board (whether or not the advice and
recommendations were given in response to a request).
(2) The Chief Executive Officer must:
(a) keep the Advisory Board informed of the performance of the
APVMA’s functions; and
(b) give the Advisory Board such reports, documents and
information in relation to the APVMA’s functions as the
Chair of the Advisory Board requires for the performance of
the Advisory Board’s function.
(3) The Chief Executive Officer may attend Advisory Board meetings
if invited by the Chair of the Advisory Board to do so.
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33 Appointment
(1) The Chief Executive Officer is to be appointed by the Minister by
written instrument, on a full-time basis.
(2) A Board member is not eligible for appointment as the Chief
Executive Officer.
(3) The appointment of a person as Chief Executive Officer is not
invalid because of a defect or irregularity in connection with the
person’s appointment.
34 Term of appointment
The Chief Executive Officer holds office for such period not
exceeding 5 years as is agreed in writing between the Minister and
the Chief Executive Officer, but is eligible for re-appointment.
35 Remuneration and allowances
(1) The Chief Executive Officer is to be paid the remuneration that is
determined by the Remuneration Tribunal. If no determination of
that remuneration by the Tribunal is in operation, the Chief
Executive Officer is to be paid the remuneration that is determined
by the Minister in writing.
(2) The Chief Executive Officer is to be paid the allowances that are
determined by the Minister in writing.
(3) Subsections (1) and (2) have effect subject to the Remuneration
Tribunal Act 1973.
37 Terms and conditions of appointment
The Chief Executive Officer holds office on such terms and
conditions in relation to matters not provided for by this Act as are
determined by the Minister in writing.
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38 Chief Executive Officer not to engage in other paid employment
The Chief Executive Officer must not engage in paid employment
outside the duties of his or her office except with the approval of
the Minister.
39 Leave of absence for recreation
The Chief Executive Officer has such recreation leave entitlements
as are determined by the Remuneration Tribunal.
40 Leave of absence for other purposes
The Minister may grant to the Chief Executive Officer leave of
absence, other than recreation leave, on such terms and conditions
as to remuneration or otherwise as the Minister determines in
writing.
41 Resignation
The Chief Executive Officer may resign by giving to the Minister a
signed notice of resignation.
41A Termination of appointment
The Minister may terminate the appointment of the Chief
Executive Officer:
(a) for misbehaviour or physical or mental incapacity; or
(b) if the Chief Executive Officer:
(i) becomes bankrupt; or
(ii) applies to take the benefit of any law for the relief of
bankrupt or insolvent debtors; or
(iii) compounds with his or her creditors; or
(iv) makes an assignment of his or her remuneration for the
benefit of his or her creditors; or
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(c) if the Chief Executive Officer is absent, except on leave of
absence, for 14 consecutive days or for 28 days in any 12
months; or
(d) if the Chief Executive Officer engages, except with the
Minister’s approval, in paid employment outside the duties of
his or her office; or
(e) if the Chief Executive Officer fails, without reasonable
excuse, to comply with subsection 42(1); or
(f) if the Minister is satisfied that the Chief Executive Officer’s
performance has been unsatisfactory.
Note: The appointment of the Chief Executive Officer may also be
terminated under section 30 of the Public Governance, Performance
and Accountability Act 2013 (which deals with terminating the
appointment of an accountable authority, or a member of an
accountable authority, for contravening general duties of officials).
42 Disclosure of interests
(1) The Chief Executive Officer must give written notice to the
Minister of all direct or indirect financial interests that the Chief
Executive Officer has or acquires in any business or in any body
corporate carrying on any business.
(2) Subsection (1) applies in addition to section 29 of the Public
Governance, Performance and Accountability Act 2013 (which
deals with the duty to disclose interests).
43 Acting Chief Executive Officer
(1) The Minister may appoint a person to act as Chief Executive
Officer:
(a) during a vacancy in the office of Chief Executive Officer,
whether or not an appointment has previously been made to
that office; or
(b) during any period, or during all periods, when the Chief
Executive Officer is absent from duty or from Australia or is,
for any other reason, unable to perform the duties of the
office of Chief Executive Officer.
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Note: For rules that apply to acting appointments, see section 33A of the
Acts Interpretation Act 1901.
(4) Unless the contrary intention appears, a reference in this Act other
than this section, to the Chief Executive Officer is taken, if a
person is acting as Chief Executive Officer, to be a reference to the
person so acting.
44 Delegation by the Chief Executive Officer
The Chief Executive Officer may, by signed writing, delegate to a
member of the staff of the APVMA all or any of the powers and
functions of the Chief Executive Officer under this Act including,
to avoid doubt, any powers and functions of the Chief Executive
Officer under subsection 32(1).
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Part 5—Staff and consultants
45 Staff
(1) The staff of the APVMA are to be persons engaged under the
Public Service Act 1999.
(2) For the purposes of the Public Service Act 1999:
(a) the Chief Executive Officer and the staff of the APVMA
together constitute a Statutory Agency; and
(b) the Chief Executive Officer is the Head of that Statutory
Agency.
46 Staff to be made available to the APVMA
(1) The APVMA is to be assisted by:
(a) officers and employees of Agencies (within the meaning of
the Public Service Act 1999), and of authorities of the
Commonwealth, whose services are made available to the
APVMA in connection with the performance or exercise of
any of its functions or powers; and
(b) persons whose services are so made available under
arrangements made under subsection (2).
(2) The APVMA may make an arrangement with:
(a) the appropriate authority or officer of:
(i) the Government of a State or Territory or of a foreign
country; or
(ii) an authority of such a Government; or
(iii) an organisation; or
(b) another person;
under which the Government, authority, organisation or person
may make officers or employees available to the APVMA to
perform services in connection with the performance or exercise of
any of its functions or powers.
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Section 47
32 Agricultural and Veterinary Chemicals (Administration) Act 1992
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(3) In the performance of services for the APVMA under this section,
a person is subject to the directions of the Chief Executive Officer.
47 Consultants
(1) The APVMA may engage persons having suitable qualifications
and experience as consultants to the APVMA.
(2) The terms and conditions of engagement are to be determined by
the APVMA.
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Corporate and annual operational plans Part 6
Section 51
Agricultural and Veterinary Chemicals (Administration) Act 1992 33
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Part 6—Corporate and annual operational plans
51 Approval of corporate plan
(1) The Chief Executive Officer must give a corporate plan, prepared
under section 35 of the Public Governance, Performance and
Accountability Act 2013, to the Minister for approval on or before:
(a) 1 June in each calendar year; or
(b) a later day in a particular calendar year, as allowed by the
Minister;
unless the Minister determines otherwise.
(2) The plan comes into force on the later of:
(a) if approval is required under subsection (1)—the day it is
approved by the Minister; and
(b) the first day of the period to which it relates.
(3) Subsection 35(3) of the Public Governance, Performance and
Accountability Act 2013 (which deals with the Australian
Government’s key priorities and objectives) does not apply to a
corporate plan prepared by the Chief Executive Officer.
52 Variation of corporate plan
(1) The Chief Executive Officer may, at any time, review a corporate
plan and consider whether a variation to the plan is necessary.
(2) The Chief Executive Officer must, if requested by the Minister,
vary a corporate plan and give the variation to the Minister for
approval.
(3) The Chief Executive Officer may, with the approval of the
Minister, vary a corporate plan.
(4) A variation of a plan already in force takes effect on the day the
variation is approved.
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Section 55
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(5) Despite subsection (3), the Minister’s approval is not required for a
minor variation of the plan. A minor variation of a plan already in
force takes effect on the day the variation is made.
55 Development of annual operational plan
(1) The Chief Executive Officer must, on or before 1 June (or such
later day as the Minister in a particular calendar year allows) in
each calendar year, give to the Minister an annual operational plan
relating to the period of 12 months beginning on 1 July in that
calendar year.
(2) An annual operational plan must:
(a) set out particulars of the action that the APVMA intends to
take in order to give effect to, or further, during the period to
which the plan relates, the objectives set out in the corporate
plan applicable to the period; and
(b) include such performance indicators as the Chief Executive
Officer considers appropriate against which the APVMA’s
performance can be assessed during the period to which the
plan relates; and
(c) include such other information (if any) as is prescribed by the
regulations.
56 Approval of annual operational plan
(1) The Minister may, by written notice given to the Chief Executive
Officer:
(a) approve an annual operational plan; or
(b) if the Minister thinks that the plan is inconsistent with the
provisions of the relevant corporate plan—request the Chief
Executive Officer to revise the annual operational plan
appropriately.
(2) If the Minister makes a request under paragraph (1)(b), the
Minister is to set out the reasons for the request in the notice.
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(3) The Chief Executive Officer must consider a request under
paragraph (1)(b) and the statement of reasons, make such revision
of the annual operational plan as he or she considers appropriate
and submit the revised plan to the Minister for approval.
(4) An annual operational plan comes into force:
(a) at the beginning of the period to which the plan relates; or
(b) on the day on which the Chief Executive Officer receives
written notice of the Minister’s approval;
whichever is the later.
57 Variation of annual operational plan
(1) Section 52 applies to annual operational plans in the same way as it
applies to corporate plans.
(2) When submitting to the Minister proposals for variation of a
corporate plan, the Chief Executive Officer must also submit to the
Minister proposals for any consequential variations of a relevant
annual operational plan.
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Part 7 Finance and reporting requirements
Division 1 Finance
Section 58
36 Agricultural and Veterinary Chemicals (Administration) Act 1992
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Part 7—Finance and reporting requirements
Division 1—Finance
58 Money payable to the APVMA
(1) The Commonwealth must pay to the APVMA amounts equal to:
(a) such money as is appropriated by the Parliament for the
purposes of the APVMA; and
(b) fees received by the Commonwealth under this Act, the
Agvet Codes or the Agvet Regulations; and
(c) any amounts of levy, late payment penalty or understatement
penalty paid to the Commonwealth under any Act providing
for the collection of a levy imposed in respect of the disposal
of chemical products; and
(d) any amounts paid by a State or a participating Territory to the
Commonwealth for the purposes of the APVMA.
(2) The Finance Minister may give directions about the amounts in
which, and the times at which, money payable under
paragraph (1)(a) is to be paid to the APVMA.
(3) If a direction under subsection (2) is given in writing, the direction
is not a legislative instrument.
(4) If an amount referred to in any of paragraphs (1)(b) to (d) is
refunded by the Commonwealth, the APVMA must pay to the
Commonwealth an amount equal to the refund.
(5) The Minister may, on behalf of the Commonwealth, set off an
amount payable by the APVMA under subsection (4) against an
amount that is payable to the APVMA under subsection (1).
(6) Amounts payable under paragraphs (1)(b) to (d) are to be paid out
of the Consolidated Revenue Fund, which is appropriated
accordingly.
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(7) In this section:
Finance Minister means the Minister administering the Public
Governance, Performance and Accountability Act 2013.
59 Application of money by the APVMA
(1) The money of the APVMA is to be applied only:
(a) in payment or discharge of the costs, expenses and other
obligations incurred by the APVMA in the performance of its
functions and the exercise of its powers; and
(b) in payment of any remuneration or allowances payable under
this Act; and
(c) in making any other payments that the APVMA is authorised
or required to make by or under any law of the
Commonwealth, a State or a Territory that confers functions
or powers on the APVMA.
(2) Subsection (1) does not prevent investment, under section 59 of the
Public Governance, Performance and Accountability Act 2013, of
money that is not immediately required for the purposes of the
APVMA.
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Division 2 Reporting requirements
Section 61
38 Agricultural and Veterinary Chemicals (Administration) Act 1992
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Division 2—Reporting requirements
61 Annual report
The annual report prepared by the Chief Executive Officer and
given to the Minister under section 46 of the Public Governance,
Performance and Accountability Act 2013 for a period must
include particulars of:
(a) an assessment of the extent to which the APVMA’s
operations during that period have contributed to the
objectives set out in the annual operational plan for that
period; and
(b) an evaluation of the APVMA’s overall performance during
that period against:
(i) the performance indicators set out in the annual
operational plan for that period; and
(ii) the performance indicators (if any) prescribed by the
regulations for the purposes of this subparagraph; and
(c) any exercise of powers under section 131AA of the Code set
out in the Schedule to the Agricultural and Veterinary
Chemicals Code Act 1994 during that period; and
(d) variations (if any) of the annual operational plan taking effect
during that period; and
(e) significant purchases and disposals of real property by the
APVMA during that period; and
(f) any directions given to the APVMA by the Minister during
that period to which subsection 10(3) applies and the impact
of the directions on the operations of the APVMA.
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Section 62
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Division 3—Exemption from taxation
62 Exemption from taxation
The APVMA is not subject to taxation under the laws of the
Commonwealth or of a State or Territory.
Note: Despite this section, the APVMA may be subject to taxation under
certain laws. See, for example, section 177-5 of the A New Tax System
(Goods and Services Tax) Act 1999.
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Part 7A Importation, manufacture and exportation of chemicals
Division 1 Interpretation
Section 69A
40 Agricultural and Veterinary Chemicals (Administration) Act 1992
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Part 7A—Importation, manufacture and
exportation of chemicals
Division 1—Interpretation
69A Interpretation
Unless the contrary intention appears, expressions used in this Part
have the same meanings as in the Code set out in the Schedule to
the Agricultural and Veterinary Chemicals Code Act 1994.
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Division 2—Importation, manufacture and exportation
Subdivision A—Importation
69B Importation offence
(1) A person must not:
(a) import into Australia:
(i) an active constituent for a proposed or existing chemical
product that is neither an approved active constituent
nor an exempt active constituent; or
(ii) a chemical product that is not a registered chemical
product, a reserved chemical product or an exempt
chemical product; or
(b) arrange for the importation into Australia, on behalf of
another person who, at the time of the arrangements, is
neither a resident of, nor carrying on business in, Australia,
of such an active constituent or chemical product.
(1AA) A person commits an offence if the person contravenes
subsection (1).
Penalty: 300 penalty units.
(1A) Subsection (1AA) does not apply if the person has a reasonable
excuse.
Note: The defendant bears an evidential burden in relation to the matter in
subsection (1A). See subsection 13.3(3) of the Criminal Code.
(1B) Subsection (1AA) does not apply if the person has the APVMA’s
written consent.
Note: The defendant bears an evidential burden in relation to the matter in
subsection (1B). See subsection 13.3(3) of the Criminal Code.
(1C) For the purposes of subsection (1AA), strict liability applies to the
physical element of circumstance in subparagraph (1)(a)(i), that the
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active constituent is neither an approved active constituent nor an
exempt active constituent.
Note: For strict liability, see section 6.1 of the Criminal Code.
(1D) For the purposes of subsection (1AA), strict liability applies to the
physical element of circumstance in subparagraph (1)(a)(ii), that
the chemical product is neither a registered chemical product nor
an exempt chemical product.
Note: For strict liability, see section 6.1 of the Criminal Code.
(1E) Subsection (1) is a civil penalty provision.
Note 1: Part 7AB provides for pecuniary penalties for contraventions of civil
penalty provisions.
Note 2: For the evidential burden in civil penalty proceedings in relation to the
matters in subsection (1B), see section 69EJP.
(2) In subsection (1):
exempt active constituent means an active constituent that is
exempted by the APVMA from the operation of that subsection.
exempt chemical product means a chemical product that is
exempted by the APVMA from the operation of that subsection.
(3) The APVMA may, by writing, exempt an active constituent for a
proposed or existing chemical product, or exempt a chemical
product, from the operation of subsection (1).
(3A) A consent given under subsection (1B) may be subject to any
conditions that the APVMA thinks appropriate.
(3B) The APVMA may impose a condition, by writing, on a consent at
any time while the consent is in force.
(4) If:
(a) the importation of an active constituent for a proposed or
existing chemical product, or of a chemical product, is
prohibited under subsection (1); and
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(b) the APVMA notifies the Comptroller-General of Customs
(within the meaning of the Customs Act 1901) in writing that
the APVMA wishes the Customs Act 1901 to apply to that
importation;
the Customs Act 1901 has effect as if the constituent or product
included in that importation were goods described as forfeited to
the Crown under section 229 of that Act because they were
prohibited imports within the meaning of that Act.
Subdivision B—Provision of information
69CA Providing information about certain chemical products etc. to
comply with international agreements
Regulations may prescribe international agreements
(1) The regulations may prescribe an international agreement or
arrangement for the purposes of this section.
Regulations may prescribe information about import etc. of certain
chemicals
(2) For the purposes of complying with a prescribed agreement or
arrangement, the regulations may prescribe the following
information in respect of a prescribed active constituent for a
proposed or existing chemical product, or a prescribed chemical
product:
(a) information about the import of the constituent or product
into Australia;
(b) information about the manufacture or use of the constituent
or product in Australia;
(c) information about other dealings with the constituent or
product in Australia;
(d) information about the export of the constituent or product
from Australia.
(3) For each constituent or product, the regulations must identify the
relevant international agreement or arrangement.
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Section 69CB
44 Agricultural and Veterinary Chemicals (Administration) Act 1992
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A person must provide prescribed information about prescribed
constituents or products
(4) A person must provide any relevant prescribed information in
respect of a prescribed constituent or product if the person imports,
manufactures, uses, deals with or exports the constituent or
product.
Note 1: A person who fails to provide the information or who provides false or
misleading information may commit an offence against section 69CD.
Note 2: Section 69C might prohibit or restrict the import, manufacture, use,
dealing or export of a prescribed constituent or product.
(5) The information must be provided to the relevant agency in an
approved form within the period prescribed for the constituent or
product in the regulations.
Commencement of regulations
(6) A regulation made for the purposes of this section in respect of a
constituent or product may be expressed to come into force when
the relevant international agreement or arrangement enters into
force for Australia, but must not be expressed to come into force
before that time.
69CB Providing information about certain chemical products etc.
under international consideration
Regulations may prescribe constituents and products
(1) The regulations may prescribe the following active constituents for
a proposed or existing chemical product, or the following chemical
products, for the purposes of this section:
(a) a constituent or product that is the subject of an international
agreement or arrangement that has not entered into force for
Australia;
(b) a constituent or product that is the subject of consideration:
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(i) by an international organisation, or by an organ of or a
body established by an international organisation, or by
Australia together with any other country; and
(ii) in relation to an international agreement or arrangement
(including one that has not entered into force for
Australia) or in relation to negotiations for an
international agreement or arrangement.
Regulations may prescribe information about import etc. of such
constituents or products
(2) The regulations may prescribe the following information in respect
of a prescribed constituent or product:
(a) information about the import of the constituent or product
into Australia;
(b) information about the manufacture or use of the constituent
or product in Australia;
(c) information about other dealings with the constituent or
product in Australia;
(d) information about the export of the constituent or product
from Australia.
Constitutional basis for this section
(3) The reference in paragraphs (2)(b) and (c) to the manufacture or
use of, or other dealings with, a constituent or product in Australia
is confined to the following:
(a) the manufacture or use of, or other dealings with, the
constituent or product in Australia by trading corporations
formed within the limits of the Commonwealth, or foreign
corporations, within the meaning of paragraph 51(xx) of the
Constitution;
(b) the manufacture or use of, or other dealings with, the
constituent or product in Australia for supply in the course of
trade and commerce:
(i) with other countries; or
(ii) among the States; or
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(iii) within a Territory; or
(iv) between a State and a Territory or between 2
Territories;
(c) the manufacture or use of, or other dealings with, the
constituent or product in Australia for supply to, or to an
authority or instrumentality of, the Commonwealth or a
Territory;
(d) the manufacture or use of, or other dealings with, the
constituent or product in a Territory.
A person must provide prescribed information about prescribed
constituents or products
(4) A person must provide any relevant prescribed information in
respect of a prescribed constituent or product if the person imports,
manufactures, uses, deals with or exports the constituent or product
in the circumstances mentioned in subsection (3).
Note: A person who fails to provide the information or who provides false or
misleading information may commit an offence against section 69CD.
(5) The information must be provided to the relevant agency in an
approved form within the period prescribed for the constituent or
product in the regulations.
69CC Relevant agency to provide information to other countries
(1) A relevant agency may inform a country, the appropriate authority
of a country or a relevant international organisation regarding the
following:
(a) the movements into or out of Australia of an active
constituent or chemical product prescribed in regulations
made under section 69CA or 69CB;
(b) the manufacture or use of such a constituent or product in
Australia;
(c) any other dealing with such a constituent or product in
Australia.
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Section 69CD
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(2) A relevant agency may provide the information in such terms and
on such conditions as the agency thinks fit, having regard to:
(a) the terms of any relevant international agreement or
arrangement; and
(b) the interest of any person in maintaining confidentiality in
relation to movements, manufacture or use of, or other
dealings with, the constituent or product.
69CD Contraventions relating to providing information under
sections 69CA and 69CB
Offence for failing to provide information
(1) A person commits an offence if:
(a) the person is required to provide information under
section 69CA or 69CB; and
(b) the person fails to provide the information under that section.
Penalty: 50 penalty units.
(2) In subsection (1), strict liability applies to the physical element of
circumstance that the information is required to be provided under
section 69CA or 69CB.
Note: For strict liability, see section 6.1 of the Criminal Code.
Civil penalty provision
(2A) A person contravenes this subsection if:
(a) the person is required to provide information under
section 69CA or 69CB; and
(b) the person fails to provide the information under that section.
(2B) Subsection (2A) is a civil penalty provision.
Note: Part 7AB provides for pecuniary penalties for contraventions of civil
penalty provisions.
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Offence for false or misleading information
(3) A person commits an offence if:
(a) the person provides information (whether orally or in
writing) to a relevant agency under section 69CA or 69CB;
and
(b) the person knows that the information is false or misleading
in a material particular; and
(c) the information is provided:
(i) without the person indicating to the agency that it is
false or misleading; and
(ii) without the person indicating how it is false or
misleading; and
(iii) without the person providing to the agency correct
information that the person possesses or can reasonably
acquire.
Penalty: 300 penalty units.
(4) The fault element for paragraph (3)(c) is recklessness.
Note: For recklessness, see section 5.4 of the Criminal Code.
(5) In subsection (3), strict liability applies to the physical element of
circumstance that the information is provided under section 69CA
or 69CB.
Note: For strict liability, see section 6.1 of the Criminal Code.
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Section 69C
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Subdivision C—Chemical products etc. subject to international
agreements
69C Prohibition on import, manufacture, use or export of certain
chemical products etc. under international agreements
Regulations may prohibit import etc. of certain chemical products
under international agreements
(1) If an active constituent for a proposed or existing chemical
product, or a chemical product, is the subject of an international
agreement or arrangement prescribed for the purposes of this
section, the regulations may prohibit any one or more of the
following:
(a) the import of the constituent or product into Australia;
(b) the manufacture or use of the constituent or product in
Australia;
(c) any other dealing with the constituent or product in Australia;
(d) the export of the constituent or product from Australia.
The prohibition may be either absolute or subject to such
conditions or restrictions as are prescribed.
Requirements for making regulations
(2) A regulation prescribing conditions or restrictions for the purposes
of subsection (1) must not be made unless:
(a) a relevant agency has published in the Gazette, and in any
other manner that it thinks appropriate, a notice:
(i) identifying the agreement or arrangement; and
(ii) listing the name or names by which the constituent or
product is known to the public; and
(b) a period of 30 days has elapsed since the notice was
published.
(2A) A regulation made for the purposes of subsection (1) in respect of a
constituent or product may be expressed to come into force when
the relevant international agreement or arrangement enters into
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force for Australia, but must not be expressed to come into force
before that time.
Offence for contravening conditions or restrictions
(5) A person must not import, manufacture, use, deal with or export an
active constituent for a proposed or existing chemical product, or a
chemical product, in contravention of a condition or restriction
prescribed by a regulation made for the purposes of subsection (1).
Penalty: 300 penalty units.
(5A) Subsection (5) does not apply if the person has a reasonable
excuse.
Note: The defendant bears an evidential burden in relation to the matter in
subsection (5A). See subsection 13.3(3) of the Criminal Code.
(5B) In subsection (5), strict liability applies to the physical element of
circumstance, that the condition or restriction that the conduct
contravenes is a condition or restriction prescribed by a regulation
made for the purposes of subsection (1).
Note: For strict liability, see section 6.1 of the Criminal Code.
Subdivision D—Exportation
69D Export of chemical products
(1) The APVMA may, upon the written application of a person
wishing to export a chemical product to a foreign country and upon
payment of the prescribed fee (if any), give to the person or to the
government of that country or to any authority of that country
named by the person, a certificate setting out the findings (if any)
of the APVMA in relation to any matters relating to the chemical
product that are required to be established for the purposes of its
export.
(1A) If the APVMA refuses to give a certificate under subsection (1), it
must:
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(a) give written notice of its refusal to the person who applied
for the certificate; and
(b) include in the notice the reasons for the refusal.
(1B) Application may be made to the Administrative Appeals Tribunal
for review of a decision of the APVMA refusing to give a
certificate under subsection (1).
(1C) A notice given under subsection (1A) must include a statement to
the effect that:
(a) subject to the Administrative Appeals Tribunal Act 1975,
application may be made by or on behalf of a person whose
interests are affected by the decision to the Administrative
Appeals Tribunal for a review of the decision to which the
notice relates; and
(b) unless subsection 28(4) of that Act applies, application may
be made in accordance with section 28 of that Act by or on
behalf of a person whose interests are affected by the
decision for a statement in writing setting out the findings on
material questions of fact, referring to the evidence or other
material on which those findings were based and giving the
reasons for the decision.
(1D) A failure to comply with subsection (1C) in relation to a decision
does not affect the validity of the decision.
(2) If the APVMA becomes aware that a chemical product:
(a) in respect of which an application for registration has been
refused; or
(b) the registration of which has been suspended or cancelled; or
(c) the registration of which is subject to conditions significantly
limiting the use of the product;
is proposed to be exported to a foreign country, the APVMA may,
on its own initiative, tell a body established in that country and
having functions similar to its own functions that the application
has been so refused, that the registration has been so suspended or
cancelled or that the registration of the product has been made
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Section 69E
52 Agricultural and Veterinary Chemicals (Administration) Act 1992
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subject to those conditions, as the case may be, and the reasons for
that refusal, suspension, cancellation or imposition of conditions.
Subdivision E—Miscellaneous
69E Annual returns
(1) Subject to subsection (2), a person who imports into, manufactures
in, or exports from, Australia:
(a) active constituents for proposed or existing chemical
products; or
(b) chemical products;
during the year ending on 30 June 1995 or a later year must give to
the APVMA, not later than 3 months after the end of the year
concerned, a return setting out the respective quantities of those
active constituents, or of the active constituents contained in those
products, as the case may be, that were so imported, manufactured
or exported during that year.
(2) Subsection (1) does not apply:
(a) in relation to an active constituent or chemical product
prescribed by the regulations; or
(b) to a person in respect of a particular year ending on 30 June
if the total quantity of the active constituents that were, or
were included in chemical products that were, imported,
manufactured or exported by the person during that year was
not greater than a quantity prescribed by the regulations for
the purposes of this section.
(2A) A person commits an offence of strict liability if the person
contravenes subsection (1).
Penalty: 50 penalty units.
Note 1: For strict liability, see section 6.1 of the Criminal Code.
Note 2: A defendant bears an evidential burden in relation to the matters in
subsection (2). See subsection 13.3(3) of the Criminal Code.
(2B) Subsection (1) is a civil penalty provision.
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Section 69EA
Agricultural and Veterinary Chemicals (Administration) Act 1992 53
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Note 1: Part 7AB provides for pecuniary penalties for contraventions of civil
penalty provisions.
Note 2: For the evidential burden in civil penalty proceedings in relation to the
matters in subsection (2), see section 69EJP.
(3) From the returns given to the APVMA in relation to a year ending
on 30 June, the APVMA must prepare a statement or statements
setting out the total quantities of each active constituent that were
imported into, manufactured in, or exported from, Australia by all
persons during the year and give the statement or statements to the
Department.
69EA Keeping of records
Records relating to compliance with sections 69B, 69C and 69E
(1) A person who imports into, manufactures in, or exports from,
Australia an active constituent for a proposed or existing chemical
product, or a chemical product, must:
(a) keep any records relating to the importation, manufacture or
exportation that are reasonably necessary to enable the
APVMA to find out whether sections 69B, 69C and 69E
have been complied with; and
(b) retain those records for 6 years.
(1AA) A person commits an offence of strict liability if the person
contravenes subsection (1).
Penalty: 50 penalty units.
Note: For strict liability, see section 6.1 of the Criminal Code.
(1AB) Subsection (1) is a civil penalty provision.
Note: Part 7AB provides for pecuniary penalties for contraventions of civil
penalty provisions.
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Section 69EAA
54 Agricultural and Veterinary Chemicals (Administration) Act 1992
Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16
Records relating to import etc. of chemical products prescribed
under section 69CA, 69CB or 69C
(1A) A person who imports into Australia, manufactures, uses or deals
with in Australia, or exports from Australia, an active constituent
or chemical product prescribed in regulations made under
section 69CA, 69CB or 69C must:
(a) keep any records relating to the import, manufacture, use,
dealing or export that are reasonably necessary to enable the
Department to find out whether those sections have been
complied with; and
(b) retain those records for 6 years.
(2) A person commits an offence of strict liability if the person
contravenes subsection (1A).
Penalty: 50 penalty units.
Note: For strict liability, see section 6.1 of the Criminal Code.
(3) Subsection (1A) is a civil penalty provision.
Note: Part 7AB provides for pecuniary penalties for contraventions of civil
penalty provisions.
69EAA Definitions
In this Division:
approved form means a form approved by the Secretary or
prescribed by the regulations.
deal with, in relation to an active constituent for a proposed or
existing chemical product, or in relation to a chemical product,
includes supply or otherwise dispose of the constituent or product.
relevant agency means the Department or the APVMA.
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Section 69EAB
Agricultural and Veterinary Chemicals (Administration) Act 1992 55
Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16
Part 7AA—Investigative powers
Division 1—Monitoring
Subdivision A—Monitoring powers etc.
69EAB Powers available to inspectors for monitoring compliance
(1) Subject to subsections (2) and (3), for the purpose of finding out
whether this Act or the Collection Act has been, or is being,
complied with, or of assessing the correctness of information
provided under this Act or the Collection Act, or of finding out
whether levy is payable under the Collection Act, an inspector
may:
(a) enter any premises; and
(b) exercise the monitoring powers.
(2) If premises mentioned in paragraph (1)(a) are a residence, an
inspector may only enter the premises if:
(a) the premises are used for commercial purposes in relation to
active constituents or chemical products, in addition to
residential purposes; and
(b) paragraph (3)(a) or (b) is satisfied.
(3) An inspector is not authorised to enter premises under
subsection (1) unless:
(a) the occupier of the premises has consented to the entry and
the inspector has shown his or her identity card if required by
the occupier; or
(b) the entry is made under a monitoring warrant.
Note: If entry to the premises is with the occupier’s consent, the inspector
must leave the premises if the consent ceases to have effect. See
section 69ED.
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Section 69EAC
56 Agricultural and Veterinary Chemicals (Administration) Act 1992
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69EAC Monitoring powers—with consent or with warrant
(1) The following are the monitoring powers that an inspector may
exercise in relation to premises:
(a) the power to search the premises and any thing on the
premises;
(b) the power to examine or observe any activity conducted on
the premises;
(c) the power to inspect, examine, take measurements of or
conduct tests on any thing on the premises;
(d) the power to make any still or moving image or any
recording of the premises or any thing on the premises;
(e) the power to inspect any document on the premises;
(f) the power to take extracts from, or make copies of, any such
document;
(g) the power to take and keep samples of any thing on the
premises;
(h) the power to open any container at the premises for the
purpose of inspecting, or taking a sample of, its contents
provided that the container is resealed after the inspection is
made or the sample is taken;
(i) the power to give directions for dealing with a container, or a
label on a container, that has been opened or sampled in
accordance with paragraph (h);
(j) the power to destroy or make harmless, or give directions for
the destruction or making harmless of, a chemical product at
the premises;
(k) the power to take onto the premises such equipment and
materials as the inspector requires for the purpose of
exercising powers in relation to the premises;
(l) the powers set out in subsections 69EAD(1) and (3) and
69EAE(1).
(2) A person who is given a direction under subsection (1) must
comply with the direction.
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Section 69EAD
Agricultural and Veterinary Chemicals (Administration) Act 1992 57
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(3) A person commits an offence of strict liability if the person
contravenes subsection (2).
Penalty: 30 penalty units.
Note: For strict liability, see section 6.1 of the Criminal Code.
(4) Subsection (2) is a civil penalty provision.
Note: Part 7AB provides for pecuniary penalties for contraventions of civil
penalty provisions.
69EAD Operating electronic equipment
(1) The monitoring powers include the power to:
(a) operate electronic equipment on the premises; and
(b) use a disk, tape or other storage device that:
(i) is on the premises; and
(ii) can be used with the equipment or is associated with it.
(2) The monitoring powers include the powers mentioned in
subsection (3) if relevant data is found in the exercise of the power
under subsection (1).
(3) The powers are as follows:
(a) the power to operate electronic equipment on the premises to
put the relevant data in documentary form and remove the
documents so produced from the premises;
(b) the power to operate electronic equipment on the premises to
transfer the relevant data to a disk, tape or other storage
device that:
(i) is brought to the premises for the exercise of the power;
or
(ii) is on the premises and the use of which for that purpose
has been agreed in writing by the occupier of the
premises;
and remove the disk, tape or other storage device from the
premises.
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Section 69EAE
58 Agricultural and Veterinary Chemicals (Administration) Act 1992
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(4) An inspector may operate electronic equipment as mentioned in
subsection (1) or (3) only if the inspector believes on reasonable
grounds that the operation of the equipment can be carried out
without damage to the equipment.
Note: For compensation for damage to electronic equipment, see
section 69EDE.
69EAE Securing evidence of the contravention of a related provision
(1) The monitoring powers include the power to secure a thing for a
period not exceeding 7 days if:
(a) the thing is found during the exercise of monitoring powers
on the premises; and
(b) an inspector believes on reasonable grounds that the thing
affords evidence of one or more of the following:
(i) the commission of an offence against this Act or the
Collection Act;
(ii) the contravention of a civil penalty provision;
(iii) an offence against the Crimes Act 1914 or the Criminal
Code that relates to this Act or the Collection Act; and
(c) the inspector believes on reasonable grounds that:
(i) it is necessary to secure the thing in order to prevent it
from being concealed, lost or destroyed before a warrant
to seize the thing is obtained; and
(ii) it is necessary to secure the thing without a warrant
because the circumstances are serious and urgent.
The thing may be secured by locking it up, placing a guard or any
other means.
(2) If an inspector believes on reasonable grounds that the thing needs
to be secured for more than 7 days, the inspector may apply to a
magistrate for an extension of that period.
(3) The inspector must give notice to the occupier of the premises, or
another person who apparently represents the occupier, of his or
her intention to apply for an extension. The occupier or other
person is entitled to be heard in relation to that application.
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Section 69EAF
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(4) The provisions of this Part relating to the issue of monitoring
warrants apply, with such modifications as are necessary, to the
issue of an extension.
(5) The 7 day period may be extended more than once.
69EAF Persons assisting inspectors
Inspectors may be assisted by other persons
(1) When exercising monitoring powers, an inspector may be assisted
by other persons in exercising powers or performing functions or
duties under this Part, if that assistance is necessary and
reasonable. A person giving such assistance is a person assisting
the inspector.
Powers, functions and duties of a person assisting the inspector
(2) A person assisting the inspector:
(a) may enter the premises; and
(b) may exercise powers and perform functions and duties under
this Part for the purposes of assisting the inspector to
determine whether:
(i) this Act, or the Collection Act, has been, or is being,
complied with; or
(ii) information provided under this Act, or the Collection
Act, is correct; or
(iii) levy is payable under the Collection Act; and
(c) must do so in accordance with a direction given to the person
assisting by the inspector.
(3) A power exercised by a person assisting the inspector as mentioned
in subsection (2) is taken for all purposes to have been exercised by
the inspector.
(4) A function or duty performed by a person assisting the inspector as
mentioned in subsection (2) is taken for all purposes to have been
performed by the inspector.
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Section 69EAG
60 Agricultural and Veterinary Chemicals (Administration) Act 1992
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(5) If a direction is given under paragraph (2)(c) in writing, the
direction is not a legislative instrument.
69EAG Use of force in executing a monitoring warrant
In executing a monitoring warrant, an inspector and a person
assisting the inspector may use such force against things as is
necessary and reasonable in the circumstances.
Subdivision B—Powers of inspectors to ask questions and seek
production of documents
69EAH Inspector may ask questions and seek production of
documents
(1) This section applies if an inspector enters premises for the purposes
of determining whether:
(a) this Act, or the Collection Act, has been, or is being,
complied with; or
(b) information provided under this Act, or the Collection Act, is
correct; or
(c) levy is payable under the Collection Act.
(2) If the entry is authorised because the occupier of the premises
consented to the entry, the inspector may ask the occupier to
answer any questions, and produce any document, relating to:
(a) the operation of this Act or the Collection Act; or
(b) the information.
(3) If the entry is authorised by a monitoring warrant, the inspector
may require any person on the premises to answer any questions,
and produce any document, relating to:
(a) the operation of this Act or the Collection Act; or
(b) the information.
Offence
(4) A person commits an offence if:
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(a) the person is subject to a requirement under subsection (3);
and
(b) the person fails to comply with the requirement.
Penalty for contravention of this subsection:50 penalty units.
69EAJ Copying of documents
If a person produces a document to an inspector in accordance with
a requirement under section 69EAH, the inspector may make
copies of, or take extracts from, the document.
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Section 69EB
62 Agricultural and Veterinary Chemicals (Administration) Act 1992
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Division 2—Investigation
Subdivision A—Investigation powers
69EB Powers available to inspectors to investigate potential
breaches of this Act and the Collection Act
(1) Subject to subsections (2) and (3), if an inspector has reasonable
grounds for suspecting that there may be evidential material on any
premises, the inspector may:
(a) enter the premises; and
(b) exercise the investigation powers.
(2) If premises mentioned in paragraph (1)(a) are a residence, an
inspector may only enter the premises if:
(a) the premises are used for commercial purposes in relation to
active constituents or chemical products, in addition to
residential purposes; and
(b) paragraph (3)(a) or (b) is satisfied.
(3) An inspector is not authorised to enter the premises unless:
(a) the occupier of the premises has consented to the entry and
the inspector has shown his or her identity card if required by
the occupier; or
(b) the entry is made under an investigation warrant.
Note: If entry to the premises is with the occupier’s consent, the inspector
must leave the premises if the consent ceases to have effect. See
section 69ED.
69EBA Investigation powers
(1) The following are the investigation powers that an inspector may
exercise in relation to premises under section 69EB:
(a) if entry to the premises is with the occupier’s consent—the
power to search the premises and any thing on the premises
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for the evidential material the inspector has reasonable
grounds for suspecting may be on the premises;
(b) if entry to the premises is under an investigation warrant:
(i) the power to search the premises and any thing on the
premises for the kind of evidential material specified in
the warrant; and
(ii) the power to seize evidential material of that kind if the
inspector finds it on the premises;
(c) the power to inspect, examine, take measurements of, and
conduct tests on evidential material referred to in
paragraph (a) or (b);
(d) the power to make any still or moving image or any
recording of the premises or evidential material referred to in
paragraph (a) or (b);
(e) the power to inspect any document on the premises;
(f) the power to take extracts from, or make copies of, any such
document;
(g) the power to take and keep samples of any thing on the
premises;
(h) the power to open any container at the premises for the
purpose of inspecting, or taking a sample of, its contents
provided that the container is resealed after the inspection is
made or the sample is taken;
(i) the power to give directions for dealing with a container, or a
label on a container, that has been opened or sampled in
accordance with paragraph (h);
(j) the power to destroy or make harmless, or give directions for
the destruction or making harmless of, a chemical product at
the premises;
(k) the power to take onto the premises such equipment and
materials as the inspector requires for the purpose of
exercising powers in relation to the premises;
(l) the powers set out in subsections 69EBB(1) and (2) and
subsections 69EBC(2) and (3).
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Section 69EBB
64 Agricultural and Veterinary Chemicals (Administration) Act 1992
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(2) A person who is given a direction under subsection (1) must
comply with the direction.
(3) A person commits an offence of strict liability if the person
contravenes subsection (2).
Penalty: 30 penalty units.
Note: For strict liability, see section 6.1 of the Criminal Code.
(4) Subsection (2) is a civil penalty provision.
Note: Part 7AB provides for pecuniary penalties for contraventions of civil
penalty provisions.
69EBB Operating electronic equipment
(1) The investigation powers include the power to:
(a) operate electronic equipment on the premises; and
(b) use a disk, tape or other storage device that:
(i) is on the premises; and
(ii) can be used with the equipment or is associated with it;
if an inspector has reasonable grounds for suspecting that the
electronic equipment, disk, tape or other storage device is or
contains evidential material.
(2) The investigation powers include the following powers in relation
to evidential material found in the exercise of the power under
subsection (1):
(a) if entry to the premises is under an investigation warrant—
the power to seize the equipment and the disk, tape or other
storage device referred to in that subsection;
(b) the power to operate electronic equipment on the premises to
put the evidential material in documentary form and remove
the documents so produced from the premises;
(c) the power to operate electronic equipment on the premises to
transfer the evidential material to a disk, tape or other storage
device that:
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(i) is brought to the premises for the exercise of the power;
or
(ii) is on the premises and the use of which for that purpose
has been agreed in writing by the occupier of the
premises;
and remove the disk, tape or other storage device from the
premises.
(3) An inspector may operate electronic equipment as mentioned in
subsection (1) or (2) only if the inspector believes on reasonable
grounds that the operation of the equipment can be carried out
without damage to the equipment.
Note: For compensation for damage to electronic equipment, see
section 69EDE.
(4) An inspector may seize equipment or a disk, tape or other storage
device as mentioned in paragraph (2)(a) only if:
(a) it is not practicable to put the evidential material in
documentary form as mentioned in paragraph (2)(b) or to
transfer the evidential material as mentioned in
paragraph (2)(c); or
(b) possession of the equipment or the disk, tape or other storage
device by the occupier could constitute an offence against a
law of the Commonwealth.
69EBC Seizing evidence of related offences and civil penalty
provisions
(1) This section applies if an inspector enters premises under an
investigation warrant to search for evidential material.
(2) The investigation powers include seizing a thing that is not
evidential material of the kind specified in the warrant if:
(a) in the course of searching for the kind of evidential material
specified in the warrant, the inspector finds the thing; and
(b) the inspector believes on reasonable grounds that the thing
affords evidence of one or more of the following:
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66 Agricultural and Veterinary Chemicals (Administration) Act 1992
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(i) the commission of an offence against this Act or the
Collection Act;
(ii) the contravention of a civil penalty provision;
(iii) an offence against the Crimes Act 1914 or the Criminal
Code that relates to this Act or the Collection Act; and
(c) the inspector believes on reasonable grounds that it is
necessary to seize the thing in order to prevent its
concealment, loss or destruction or to protect the health of
the public or of any person.
(3) If an inspector seizes a thing as mentioned in subsection (2), the
investigation powers include:
(a) the power to direct the occupier of the premises or the owner
of the thing to keep it at the premises, or at other premises
under the control of the occupier or owner that will, in the
opinion of the inspector, cause least danger to the health of
the public or of any person; and
(b) the power to give any other directions for, or with respect to,
the detention of the thing.
(4) A person who is given a direction under subsection (3) must
comply with the direction.
(5) A person commits an offence of strict liability if the person
contravenes subsection (4).
Penalty: 30 penalty units.
Note: For strict liability, see section 6.1 of the Criminal Code.
(6) Subsection (4) is a civil penalty provision.
Note: Part 7AB provides for pecuniary penalties for contraventions of civil
penalty provisions.
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69EBD Persons assisting inspectors
Inspectors may be assisted by other persons
(1) When exercising investigation powers, an inspector may be
assisted by other persons in exercising powers or performing
functions or duties under this Part, if that assistance is necessary
and reasonable. A person giving such assistance is a person
assisting the inspector.
Powers, functions and duties of a person assisting the inspector
(2) A person assisting the inspector:
(a) may enter premises; and
(b) may exercise powers and perform functions and duties under
this Part in relation to evidential material; and
(c) must do so in accordance with a direction given to the person
assisting by the inspector.
(3) A power exercised by a person assisting the inspector as mentioned
in subsection (2) is taken for all purposes to have been exercised by
the inspector.
(4) A function or duty performed by a person assisting the inspector as
mentioned in subsection (2) is taken for all purposes to have been
performed by the inspector.
(5) If a direction is given under paragraph (2)(c) in writing, the
direction is not a legislative instrument.
69EBE Use of force in executing an investigation warrant
In executing an investigation warrant, an inspector and a person
assisting the inspector may use such force against things as is
necessary and reasonable in the circumstances.
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Section 69EC
68 Agricultural and Veterinary Chemicals (Administration) Act 1992
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Subdivision B—Powers of inspectors to ask questions and seek
production of documents
69EC Inspector may ask questions and seek production of
documents
(1) This section applies if an inspector enters premises to search for
evidential material.
(2) If the entry is authorised because the occupier of the premises
consented to the entry, the inspector may ask the occupier to
answer any questions, and produce any document, relating to
evidential material.
(3) If the entry is authorised by an investigation warrant, the inspector
may require any person on the premises to answer any questions,
and produce any document, relating to evidential material of the
kind specified in the warrant.
(4) A person commits an offence if:
(a) the person is subject to a requirement under subsection (3);
and
(b) the person fails to comply with the requirement.
Penalty for contravention of this subsection:50 penalty units.
69ECA Copying of documents
If a person produces a document to an inspector in accordance with
a requirement under section 69EC, the inspector may make copies
of, or take extracts from, the document.
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Section 69ED
Agricultural and Veterinary Chemicals (Administration) Act 1992 69
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Division 3—Obligations and incidental powers of
inspectors
69ED Consent
(1) Before obtaining the consent of an occupier of premises for the
purposes of paragraph 69EAB(3)(a) or 69EB(3)(a), an inspector
must inform the occupier that the occupier may refuse consent.
(2) A consent has no effect unless the consent is voluntary.
(3) A consent may be expressed to be limited to entry during a
particular period. If so, the consent has effect for that period unless
the consent is withdrawn before the end of that period.
(4) A consent that is not limited as mentioned in subsection (3) has
effect until the consent is withdrawn.
(5) If an inspector entered premises because of the consent of the
occupier of the premises, the inspector, and any person assisting
the inspector, must leave the premises if the consent ceases to have
effect.
69EDA Announcement before entry under warrant
(1) Before entering premises under a warrant, an inspector must:
(a) announce that:
(i) he or she is authorised to enter the premises; and
(ii) any person assisting the inspector is authorised to enter
the premises; and
(b) show his or her identity card to the occupier of the premises,
or to another person who apparently represents the occupier,
if the occupier or other person is present at the premises; and
(c) give any person at the premises an opportunity to allow entry
to the premises.
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Section 69EDB
70 Agricultural and Veterinary Chemicals (Administration) Act 1992
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(2) However, an inspector is not required to comply with
subsection (1) if the inspector believes on reasonable grounds that
immediate entry to the premises is required:
(a) to ensure the safety of a person; or
(b) to ensure that the effective execution of the warrant is not
frustrated.
(3) If:
(a) an inspector does not comply with subsection (1) because of
subsection (2); and
(b) the occupier of the premises, or another person who
apparently represents the occupier, is present at the premises;
the inspector must, as soon as practicable after entering the
premises, show his or her identity card to the occupier or other
person.
69EDB Inspector to be in possession of warrant
An inspector executing a warrant must be in possession of:
(a) the warrant issued by the magistrate under section 69EH or
69EHA, or a copy of the warrant as so issued; or
(b) the form of warrant completed under subsection 69EHB(6),
or a copy of the form as so completed.
69EDC Details of warrant etc. to be given to occupier
(1) An inspector must comply with subsection (2) if:
(a) a warrant is being executed in relation to premises; and
(b) the occupier of the premises, or another person who
apparently represents the occupier, is present at the premises.
(2) The inspector executing the warrant must, as soon as practicable:
(a) do one of the following:
(i) if the warrant was issued under section 69EH or
69EHA—make a copy of the warrant available to the
occupier or other person (which need not include the
signature of the magistrate who issued it);
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Agricultural and Veterinary Chemicals (Administration) Act 1992 71
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(ii) if the warrant was signed by a magistrate under
section 69EHB—make a copy of the form of warrant
completed under subsection 69EHB(6) available to the
occupier or other person; and
(b) inform the occupier or other person of the rights and
responsibilities of the occupier or other person under
Division 5 of this Part.
69EDD Expert assistance to operate electronic equipment
(1) This section applies if an inspector enters premises under a
warrant.
Securing equipment
(2) An inspector may do whatever is necessary to secure any electronic
equipment that is on the premises if the inspector believes on
reasonable grounds that:
(a) in the case of a monitoring warrant:
(i) there is relevant data on the premises; and
(ii) the relevant data may be accessible by operating the
equipment; and
(iii) expert assistance is required to operate the equipment;
and
(iv) the relevant data may be destroyed, altered or otherwise
interfered with, if the inspector does not take action
under this subsection; and
(b) in the case of an investigation warrant:
(i) there is evidential material of the kind specified in the
warrant on the premises; and
(ii) the evidential material may be accessible by operating
the electronic equipment; and
(iii) expert assistance is required to operate the equipment;
and
(iv) the evidential material may be destroyed, altered or
otherwise interfered with, if the inspector does not take
action under this subsection.
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Division 3 Obligations and incidental powers of inspectors
Section 69EDE
72 Agricultural and Veterinary Chemicals (Administration) Act 1992
Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16
The equipment may be secured by locking it up, placing a guard or
any other means.
(3) The inspector must give notice to the occupier of the premises, or
another person who apparently represents the occupier, of:
(a) the inspector’s intention to secure the equipment; and
(b) the fact that the equipment may be secured for up to 72
hours.
Period equipment may be secured
(4) The equipment may be secured until the earlier of the following
happens:
(a) the 72-hour period ends;
(b) the equipment has been operated by the expert.
Note: For compensation for damage to electronic equipment, see
section 69EDE.
Extensions
(5) The inspector may apply to a magistrate for an extension of the
72-hour period, if the inspector believes on reasonable grounds that
the equipment needs to be secured for a longer period.
(6) Before making the application, the inspector must give notice to
the occupier of the premises, or another person who apparently
represents the occupier, of the inspector’s intention to apply for an
extension. The occupier or other person is entitled to be heard in
relation to that application.
(7) The provisions of this Part relating to the issue of a warrant apply,
with such modifications as are necessary, to the issue of an
extension.
(8) The 72-hour period may be extended more than once.
69EDE Compensation for damage to electronic equipment
(1) This section applies if:
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Section 69EDE
Agricultural and Veterinary Chemicals (Administration) Act 1992 73
Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16
(a) as a result of equipment being operated as mentioned in this
Part:
(i) damage is caused to the equipment; or
(ii) the data recorded on the equipment is damaged; or
(iii) programs associated with the use of the equipment, or
with the use of the data, are damaged or corrupted; and
(b) the damage or corruption occurs because:
(i) insufficient care was exercised in selecting the person
who was to operate the equipment; or
(ii) insufficient care was exercised by the person operating
the equipment.
(2) The APVMA must pay the owner of the equipment, or the user of
the data or programs, such reasonable compensation for the
damage or corruption as the APVMA and the owner or user agree
on.
(3) However, if the owner or user and the APVMA fail to agree, the
owner or user may institute proceedings in a court of competent
jurisdiction for such reasonable amount of compensation as the
court determines.
(4) In determining the amount of compensation payable, regard is to
be had to whether the occupier of the premises, or the occupier’s
employees or agents, if they were available at the time, provided
any appropriate warning or guidance on the operation of the
equipment.
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Division 4 Execution of an investigation warrant interrupted
Section 69EE
74 Agricultural and Veterinary Chemicals (Administration) Act 1992
Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16
Division 4—Execution of an investigation warrant
interrupted
69EE Completing execution of an investigation warrant after
temporary cessation
(1) This section applies if an inspector, and all persons assisting, who
are executing an investigation warrant in relation to premises
temporarily cease its execution and leave the premises.
(2) The inspector, and persons assisting, may complete the execution
of the warrant if:
(a) the warrant is still in force; and
(b) the inspector and persons assisting are absent from the
premises:
(i) for not more than 1 hour; or
(ii) if there is an emergency situation, for not more than 12
hours or such longer period as allowed by a magistrate
under subsection (5); or
(iii) for a longer period if the occupier of the premises
consents in writing.
Application for extension in emergency situation
(3) An inspector, or person assisting, may apply to a magistrate for an
extension of the 12-hour period mentioned in
subparagraph (2)(b)(ii) if:
(a) there is an emergency situation; and
(b) the inspector or person assisting believes on reasonable
grounds that the inspector and the persons assisting will not
be able to return to the premises within that period.
(4) If it is practicable to do so, before making the application, the
inspector or person assisting must give notice to the occupier of the
premises of his or her intention to apply for an extension.
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Section 69EEA
Agricultural and Veterinary Chemicals (Administration) Act 1992 75
Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16
Extension in emergency situation
(5) A magistrate may extend the period during which the inspector and
persons assisting may be away from the premises if:
(a) an application is made under subsection (3); and
(b) the magistrate is satisfied, by information on oath or
affirmation, that there are exceptional circumstances that
justify the extension; and
(c) the extension would not result in the period ending after the
warrant ceases to be in force.
69EEA Completing execution of an investigation warrant stopped
by court order
An inspector, and any persons assisting, may complete the
execution of an investigation warrant that has been stopped by an
order of a court if:
(a) the order is later revoked or reversed on appeal; and
(b) the warrant is still in force when the order is revoked or
reversed.
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Division 5 Occupier’s rights and responsibilities
Section 69EF
76 Agricultural and Veterinary Chemicals (Administration) Act 1992
Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16
Division 5—Occupier’s rights and responsibilities
69EF Occupier entitled to observe execution of warrant
(1) The occupier of premises to which a warrant relates, or another
person who apparently represents the occupier, is entitled to
observe the execution of the warrant if the occupier or other person
is present at the premises while the warrant is being executed.
(2) The right to observe the execution of the warrant ceases if the
occupier or other person impedes that execution.
(3) This section does not prevent the execution of the warrant in 2 or
more areas of the premises at the same time.
69EFA Occupier to provide inspector with facilities and assistance
(1) The occupier of premises to which a warrant relates, or another
person who apparently represents the occupier, must provide:
(a) an inspector executing the warrant; and
(b) any person assisting;
with all reasonable facilities and assistance for the effective
exercise of their powers.
(2) A person commits an offence if:
(a) the person is subject to subsection (1); and
(b) the person fails to comply with that subsection.
Penalty for contravention of this subsection:30 penalty units.
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General provisions relating to seizure Division 6
Section 69EG
Agricultural and Veterinary Chemicals (Administration) Act 1992 77
Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16
Division 6—General provisions relating to seizure
69EG Copies of seized things to be provided
(1) Subject to subsection (2), if an inspector who has entered premises
under an investigation warrant seizes:
(a) a document, film, computer file or other thing that can be
readily copied; or
(b) a storage device the information in which can be readily
copied;
the inspector must, if asked to do so by the occupier of the
premises or another person who apparently represents the occupier
and is present when the seizure takes place, give a copy of the
thing or the information to the occupier or other person as soon as
practicable after the seizure.
(2) However, the inspector is not required to comply with the request
if possession of the document, film, computer file, thing or
information by the occupier or other person could constitute an
offence against a law of the Commonwealth.
69EGA Receipts for seized things
(1) An inspector must provide a receipt for a thing that is seized under
an investigation warrant.
(2) One receipt may cover 2 or more things seized.
69EGB Return of seized things
(1) An inspector must take reasonable steps to return a thing seized
under an investigation warrant when the earliest of the following
happens:
(a) the reason for the thing’s seizure no longer exists;
(b) it is decided that the thing is not to be used in evidence;
(c) the period of 60 days after the thing’s seizure ends.
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Division 6 General provisions relating to seizure
Section 69EGC
78 Agricultural and Veterinary Chemicals (Administration) Act 1992
Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16
Exceptions
(2) Subsection (1):
(a) is subject to any contrary order of a court; and
(b) does not apply if the thing:
(i) is forfeited or forfeitable to the APVMA (see
section 69ET); or
(ii) is the subject of a dispute as to ownership.
(3) The inspector is not required to take reasonable steps to return a
thing because of paragraph (1)(c) if:
(a) proceedings in which the thing may be used in evidence were
begun before the end of the 60 days and have not been
completed (including an appeal to a court in relation to those
proceedings); or
(b) the inspector may keep the thing because of an order under
section 69EGC; or
(c) the inspector is authorised by this Part or by an order of a
court to keep, destroy or dispose of the thing.
69EGC Magistrate may permit a thing to be kept
(1) If:
(a) before the end of 60 days after an inspector seizes a thing
under an investigation warrant; or
(b) before the end of a period previously stated in an order under
this section in respect of a thing seized by an inspector as
mentioned in paragraph (a);
proceedings in which the thing may be used in evidence have not
been brought, the inspector may apply to a magistrate for an order
that he or she may keep the thing for a further period.
(2) Before making the application, the inspector must:
(a) take reasonable steps to discover who has an interest in the
retention of the thing; and
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Section 69EGD
Agricultural and Veterinary Chemicals (Administration) Act 1992 79
Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16
(b) if it is practicable to do so, notify each person who the
inspector believes has such an interest of the proposed
application.
Order to retain thing
(3) A magistrate may order that the thing may continue to be retained
for a period specified in the order if the magistrate is satisfied that
it is necessary for the thing to continue to be retained:
(a) for the purposes of an investigation as to whether:
(i) an offence against this Act or the Collection Act has
been committed; or
(ii) a civil penalty provision has been contravened; or
(b) for the purposes of an investigation as to whether an offence
against the Crimes Act 1914 or the Criminal Code that relates
to this Act or the Collection Act has been committed; or
(c) to enable evidence of:
(i) an offence mentioned in paragraph (a) or (b) to be
secured for the purposes of a prosecution; or
(ii) a contravention mentioned in paragraph (a) to be
secured for the purposes of proceedings for a civil
penalty order.
(4) The period specified must not exceed 3 years.
69EGD Disposal of things
(1) The APVMA may dispose of a thing seized under an investigation
warrant if:
(a) an inspector has taken reasonable steps to return the thing to
a person; and
(b) either:
(i) the inspector has been unable to locate the person; or
(ii) the person has refused to take possession of the thing.
(2) The APVMA may dispose of the thing in such manner as it
considers appropriate.
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Division 7 Applying for warrants etc.
Section 69EH
80 Agricultural and Veterinary Chemicals (Administration) Act 1992
Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16
Division 7—Applying for warrants etc.
69EH Monitoring warrants
Application for warrant
(1) An inspector may apply to a magistrate for a monitoring warrant
under this section in relation to premises.
Issue of warrant
(2) The magistrate may issue the warrant if the magistrate is satisfied,
by information on oath or affirmation, that it is reasonably
necessary that one or more inspectors should have access to the
premises for the purpose of determining whether:
(a) this Act, or the Collection Act, has been, or is being,
complied with; or
(b) information provided under this Act, or the Collection Act, is
correct; or
(c) levy is payable under the Collection Act.
(3) However, the magistrate must not issue the warrant unless the
inspector or some other person has given to the magistrate, either
orally or by affidavit, such further information (if any) as the
magistrate requires concerning the grounds on which the issue of
the monitoring warrant is being sought.
Content of warrant
(4) The monitoring warrant must:
(a) describe the premises to which the warrant relates; and
(b) state that the warrant is issued under this section; and
(c) state the purpose for which the warrant is issued; and
(d) authorise one or more inspectors (whether or not named in
the warrant) from time to time while the warrant remains in
force:
(i) to enter the premises; and
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Section 69EHA
Agricultural and Veterinary Chemicals (Administration) Act 1992 81
Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16
(ii) to exercise the monitoring powers in relation to the
premises; and
(e) state whether entry is authorised to be made at any time of
the day or during specified hours of the day; and
(f) specify the day (not more than 6 months after the issue of the
warrant) the warrant ceases to be in force.
(5) If the application for the warrant is made under section 69EHB,
this section applies as if paragraph (4)(f) required the warrant to
specify the period for which the warrant is to remain in force,
which must not be more than 48 hours.
69EHA Investigation warrants
Application for warrant
(1) An inspector may apply to a magistrate for an investigation warrant
under this section in relation to premises.
Issue of warrant
(2) The magistrate may issue the investigation warrant if the
magistrate is satisfied, by information on oath or affirmation, that
there are reasonable grounds for suspecting that there is, or there
may be within the next 72 hours, evidential material on the
premises.
(3) However, the magistrate must not issue the investigation warrant
unless the inspector or some other person has given to the
magistrate, either orally or by affidavit, such further information (if
any) as the magistrate requires concerning the grounds on which
the issue of the warrant is being sought.
Content of warrant
(4) The investigation warrant must:
(a) state the offence or offences, or civil penalty provision or
civil penalty provisions, to which the warrant relates; and
(b) describe the premises to which the warrant relates; and
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Division 7 Applying for warrants etc.
Section 69EHB
82 Agricultural and Veterinary Chemicals (Administration) Act 1992
Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16
(c) state that the warrant is issued under this section; and
(d) specify the kinds of evidential material that are to be
searched for under the warrant; and
(e) state that the evidential material specified may be seized
under the warrant; and
(f) state that any thing found in the course of executing the
warrant that the person executing the warrant believes on
reasonable grounds to be evidence of one or more of the
following:
(i) the commission of an offence against this Act or the
Collection Act;
(ii) the contravention of a civil penalty provision;
(iii) an offence against the Crimes Act 1914 or the Criminal
Code that relates to this Act or the Collection Act;
may be seized under the warrant; and
(g) name one or more inspectors; and
(h) authorise the inspectors named in the warrant:
(i) to enter the premises; and
(ii) to exercise the powers set out in Divisions 2, 3 and 4 of
this Part in relation to the premises; and
(i) state whether entry is authorised to be made at any time of
the day or during specified hours of the day; and
(j) specify the day (not more than 1 week after the issue of the
warrant) the warrant ceases to be in force.
(5) If the application for the warrant is made under section 69EHB,
this section applies as if:
(a) subsection (2) referred to 48 hours rather than 72 hours; and
(b) paragraph (4)(j) required the warrant to specify the period for
which the warrant is to remain in force, which must not be
more than 48 hours.
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Section 69EHB
Agricultural and Veterinary Chemicals (Administration) Act 1992 83
Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16
69EHB Warrants by telephone, fax etc.
Application for warrant
(1) An inspector may apply to a magistrate by telephone, fax or other
electronic means for a warrant in relation to premises:
(a) in an urgent case; or
(b) if the delay that would occur if an application were made in
person would frustrate the effective execution of the warrant.
(2) The magistrate may require communication by voice to the extent
that it is practicable in the circumstances.
(3) Before applying for a warrant, the inspector must:
(a) in the case of a monitoring warrant—prepare an information
of the kind mentioned in subsection 69EH(2); and
(b) in the case of an investigation warrant—prepare an
information of the kind mentioned in subsection 69EHA(2);
in relation to the premises that sets out the grounds on which the
warrant is sought. If it is necessary to do so, the inspector may
apply for the warrant before the information is sworn or affirmed.
Magistrate may complete and sign warrant
(4) The magistrate may complete and sign the same warrant that would
have been issued under section 69EH or 69EHA if the magistrate is
satisfied that there are reasonable grounds for doing so:
(a) after considering the terms of the information; and
(b) after receiving such further information (if any) as the
magistrate requires concerning the grounds on which the
issue of the warrant is being sought.
(5) After completing and signing the warrant, the magistrate must
inform the inspector, by telephone, fax or other electronic means,
of:
(a) the terms of the warrant; and
(b) the day and time the warrant was signed.
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Division 7 Applying for warrants etc.
Section 69EHC
84 Agricultural and Veterinary Chemicals (Administration) Act 1992
Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16
Obligations on inspector
(6) The inspector must then do the following:
(a) complete and sign a form of warrant in the same terms as the
warrant completed and signed by the magistrate;
(b) state on the form the following:
(i) the name of the magistrate;
(ii) the day and time the warrant was signed by the
magistrate;
(c) send the following to the magistrate:
(i) the form of warrant completed by the inspector;
(ii) the information referred to in subsection (3), which
must have been duly sworn or affirmed.
(7) The inspector must comply with paragraph (6)(c) by the end of the
day after the earlier of the following:
(a) the day the warrant ceases to be in force;
(b) the day the warrant is executed.
Magistrate to attach documents together
(8) The magistrate must attach the documents provided under
paragraph (6)(c) to the warrant signed by the magistrate.
69EHC Authority of warrant
(1) A form of warrant duly completed under subsection 69EHB(6) is
authority for the same powers as are authorised by the warrant
signed by the magistrate under subsection 69EHB(4).
(2) In any proceedings, a court is to assume (unless the contrary is
proved) that an exercise of power was not authorised by a warrant
under section 69EHB if:
(a) it is material, in those proceedings, for the court to be
satisfied that the exercise of power was authorised by that
section; and
(b) the warrant signed by the inspector authorising the exercise
of the power is not produced in evidence.
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Section 69EHD
Agricultural and Veterinary Chemicals (Administration) Act 1992 85
Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16
69EHD Offence relating to warrants by telephone, fax etc.
An inspector must not:
(a) state in a document that purports to be a form of warrant
under section 69EHB the name of a magistrate unless that
magistrate signed the warrant; or
(b) state on a form of warrant under that section a matter that, to
the inspector’s knowledge, departs in a material particular
from the terms of the warrant signed by the magistrate under
that section; or
(c) purport to execute, or present to another person, a document
that purports to be a form of warrant under that section that
the inspector knows departs in a material particular from the
terms of a warrant signed by a magistrate under that section;
or
(d) purport to execute, or present to another person, a document
that purports to be a form of warrant under that section where
the inspector knows that no warrant in the terms of the form
of warrant has been completed and signed by a magistrate; or
(e) give to a magistrate a form of warrant under that section that
is not the form of warrant that the inspector purported to
execute.
Penalty: Imprisonment for 2 years.
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Division 8 Powers of magistrates
Section 69EI
86 Agricultural and Veterinary Chemicals (Administration) Act 1992
Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16
Division 8—Powers of magistrates
69EI Powers of issuing officers
Powers conferred personally
(1) A power conferred on a magistrate by this Part is conferred on the
magistrate:
(a) in a personal capacity; and
(b) not as a court or a member of a court.
Powers need not be accepted
(2) The magistrate need not accept the power conferred.
Protection and immunity
(3) A magistrate exercising a power conferred by this Part has the
same protection and immunity as if the magistrate were exercising
the power:
(a) as the court of which the magistrate is a member; or
(b) as a member of the court of which the magistrate is a
member.
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Enforcement Part 7AB
Civil penalty orders Division 1
Section 69EJ
Agricultural and Veterinary Chemicals (Administration) Act 1992 87
Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16
Part 7AB—Enforcement
Division 1—Civil penalty orders
Subdivision A—Obtaining a civil penalty order
69EJ Civil penalty orders
Application for order
(1) The APVMA may, on behalf of the Commonwealth, apply to a
court of competent jurisdiction for an order that a person, who is
alleged to have contravened a civil penalty provision, pay the
Commonwealth a pecuniary penalty.
(2) The APVMA must make the application within 6 years of the
alleged contravention.
Court may order person to pay pecuniary penalty
(3) If the court is satisfied that the person has contravened the civil
penalty provision, the court may order the person to pay to the
Commonwealth such pecuniary penalty for the contravention as the
court determines to be appropriate.
Note: Section 69EJA sets out the maximum penalty that the court may order
the person to pay.
(4) An order under subsection (3) is a civil penalty order.
Determining pecuniary penalty
(5) In determining the pecuniary penalty, the court may take into
account all relevant matters, including:
(a) the nature and extent of the contravention; and
(b) the nature and extent of any loss or damage suffered because
of the contravention; and
(c) the circumstances in which the contravention took place; and
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Division 1 Civil penalty orders
Section 69EJA
88 Agricultural and Veterinary Chemicals (Administration) Act 1992
Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16
(d) whether the person has previously been found by a court to
have engaged in any similar conduct; and
(e) the extent to which the person has cooperated with the
authorities; and
(f) if the person is a body corporate:
(i) the level of the employees, officers or agents of the
body corporate involved in the contravention; and
(ii) whether the body corporate exercised due diligence to
avoid the contravention; and
(iii) whether the body corporate had a corporate culture
conducive to compliance.
69EJA Maximum penalties for contravention of civil penalty
provisions
Penalty for body corporate
(1) The pecuniary penalty for a contravention of a civil penalty
provision by a body corporate must not exceed 5 times the amount
of the maximum monetary penalty that could be imposed by a
court if the body corporate were convicted of an offence
constituted by conduct that is the same as the conduct constituting
the contravention.
Penalty for individuals
(2) The pecuniary penalty for a contravention of a civil penalty
provision by an individual must not exceed 3 times the amount of
the maximum monetary penalty that could be imposed by a court if
the person were convicted of an offence constituted by conduct that
is the same as the conduct constituting the contravention.
Penalty for contravention of subsection 69EJR(1)
(3) The pecuniary penalty for a contravention, by an executive officer
of a body corporate, of subsection 69EJR(1) in relation to the
contravention by the body corporate of a civil penalty provision
must not exceed 12% of the amount of the maximum monetary
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Civil penalty orders Division 1
Section 69EJB
Agricultural and Veterinary Chemicals (Administration) Act 1992 89
Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16
penalty that could be imposed on the body corporate for the
contravention.
69EJB Civil enforcement of penalty
(1) A pecuniary penalty is a debt payable to the Commonwealth.
(2) The Commonwealth may enforce a civil penalty order as if it were
an order made in civil proceedings against a person to recover a
debt due by the person. The debt arising from the order is taken to
be a judgement debt.
69EJC Conduct contravening more than one civil penalty provision
(1) If conduct constitutes a contravention of 2 or more civil penalty
provisions, proceedings may be instituted under this Division
against a person in relation to the contravention of any one or more
of those provisions.
(2) However, the person is not liable to more than one pecuniary
penalty under this Division in relation to the same conduct.
69EJD Multiple contraventions
(1) A court may make a single civil penalty order against a person for
multiple contraventions of a civil penalty provision if proceedings
for the contraventions are founded on the same facts, or if the
contraventions form, or are part of, a series of contraventions of the
same or a similar character.
Note: For continuing contraventions of civil penalty provisions, see
section 69EJL.
(2) However, the penalty must not exceed the sum of the maximum
penalties that could be ordered if a separate penalty were ordered
for each of the contraventions.
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Division 1 Civil penalty orders
Section 69EJE
90 Agricultural and Veterinary Chemicals (Administration) Act 1992
Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16
69EJE Proceedings may be heard together
A court may direct that 2 or more proceedings for civil penalty
orders be heard together.
69EJF Civil evidence and procedure rules for civil penalty orders
A court must apply the rules of evidence and procedure for civil
matters when hearing and determining an application for a civil
penalty order.
69EJG Contravening a civil penalty provision is not an offence
A contravention of a civil penalty provision is not an offence.
Subdivision B—Civil proceedings and criminal proceedings
69EJH Civil proceedings after criminal proceedings
A court may not make a civil penalty order against a person for a
contravention of a civil penalty provision if the person has been
convicted of an offence constituted by conduct that is the same, or
substantially the same, as the conduct constituting the
contravention.
69EJI Criminal proceedings during civil proceedings
(1) Proceedings for a civil penalty order against a person for a
contravention of a civil penalty provision are stayed if:
(a) criminal proceedings are commenced or have already been
commenced against the person for an offence; and
(b) the offence is constituted by conduct that is the same, or
substantially the same, as the conduct alleged to constitute
the contravention.
(2) The proceedings for the order (the civil proceedings) may be
resumed if the person is not convicted of the offence. Otherwise,
the civil proceedings are dismissed.
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Section 69EJJ
Agricultural and Veterinary Chemicals (Administration) Act 1992 91
Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16
69EJJ Criminal proceedings after civil proceedings
Criminal proceedings may be commenced against a person for
conduct that is the same, or substantially the same, as conduct that
would constitute a contravention of a civil penalty provision
regardless of whether a civil penalty order has been made against
the person in relation to the contravention.
69EJK Evidence given in civil proceedings not admissible in
criminal proceedings
(1) Evidence of information given, or evidence of production of
documents, by an individual is not admissible in criminal
proceedings against the individual for an offence if:
(a) the individual previously gave the evidence or produced the
documents in proceedings for a civil penalty order against the
individual for an alleged contravention of a civil penalty
provision (whether or not the order was made); and
(b) the conduct alleged to constitute the offence is the same, or
substantially the same, as the conduct alleged to constitute
the contravention.
(2) However, subsection (1) does not apply to criminal proceedings in
relation to the falsity of the evidence given by the individual in the
proceedings for the civil penalty order.
Subdivision C—Miscellaneous
69EJL Continuing contraventions of civil penalty provisions
(1) If an act or thing is required under a civil penalty provision to be
done:
(a) within a particular period; or
(b) before a particular time;
then the obligation to do that act or thing continues until the act or
thing is done (even if the period has expired or the time has
passed).
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Division 1 Civil penalty orders
Section 69EJM
92 Agricultural and Veterinary Chemicals (Administration) Act 1992
Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16
(2) A person who contravenes a civil penalty provision that requires an
act or thing to be done:
(a) within a particular period; or
(b) before a particular time;
commits a separate contravention of that provision in respect of
each day during which the contravention occurs (including the day
the relevant civil penalty order is made or any later day).
69EJM Ancillary contravention of civil penalty provisions
(1) A person must not:
(a) attempt to contravene a civil penalty provision; or
(b) aid, abet, counsel or procure a contravention of a civil
penalty provision; or
(c) induce (by threats, promises or otherwise) a contravention of
a civil penalty provision; or
(d) be in any way, directly or indirectly, knowingly concerned in,
or party to, a contravention of a civil penalty provision; or
(e) conspire with others to effect a contravention of a civil
penalty provision.
Civil penalty
(2) A person who contravenes subsection (1) in relation to a civil
penalty provision is taken to have contravened the provision.
Note: Section 69EJO (which provides that a person’s state of mind does not
need to be proven in relation to a civil penalty provision) does not
apply to the extent that proceedings relate to the contravention of
subsection (1).
69EJN Mistake of fact
(1) A person is not liable to have a civil penalty order made against the
person for a contravention of a civil penalty provision if:
(a) at or before the time of the conduct constituting the
contravention, the person:
(i) considered whether or not facts existed; and
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Section 69EJO
Agricultural and Veterinary Chemicals (Administration) Act 1992 93
Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16
(ii) was under a mistaken but reasonable belief about those
facts; and
(b) had those facts existed, the conduct would not have
constituted a contravention of the civil penalty provision.
(2) For the purposes of subsection (1), a person may be regarded as
having considered whether or not facts existed if:
(a) the person had considered, on a previous occasion, whether
those facts existed in the circumstances surrounding that
occasion; and
(b) the person honestly and reasonably believed that the
circumstances surrounding the present occasion were the
same, or substantially the same, as those surrounding the
previous occasion.
(3) A person who wishes to rely on subsection (1) or (2) in
proceedings for a civil penalty order bears an evidential burden in
relation to that matter.
69EJO State of mind
(1) In proceedings for a civil penalty order against a person for a
contravention of a civil penalty provision, it is not necessary to
prove:
(a) the person’s intention; or
(b) the person’s knowledge; or
(c) the person’s recklessness; or
(d) the person’s negligence; or
(e) any other state of mind of the person.
(2) Subsection (1) does not apply to the extent that the proceedings
relate to a contravention of subsection 69EJM(1) (which is about
ancillary contraventions of civil penalty provisions).
(3) Subsection (1) does not affect the operation of section 69EJN
(which is about mistake of fact).
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Division 1 Civil penalty orders
Section 69EJP
94 Agricultural and Veterinary Chemicals (Administration) Act 1992
Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16
(4) Subsection (1) does not apply to the extent that the civil penalty
provision, or a provision that relates to the civil penalty provision,
expressly provides otherwise.
69EJP Evidential burden for exceptions
In proceedings for a civil penalty order, a person who wishes to
rely on any exception, exemption, excuse, qualification or
justification in relation to a civil penalty provision bears an
evidential burden in relation to that matter.
69EJQ Liability of body corporate for actions by employees, agents
or officers
If an element of a civil penalty provision is done by an employee,
agent or officer of a body corporate acting within the actual or
apparent scope of his or her employment, or within his or her
actual or apparent authority, the element must also be attributed to
the body corporate.
69EJR Liability of executive officers
(1) An executive officer of a body corporate contravenes this
subsection if:
(a) the body corporate contravenes a civil penalty provision; and
(b) the officer knew that the contravention would occur; and
(c) the officer was in a position to influence the conduct of the
body in relation to the contravention; and
(d) the officer failed to take all reasonable steps to prevent the
contravention.
(2) Subsection (1) is a civil penalty provision.
Note: Subdivision A of this Division provides for pecuniary penalties for
contraventions of civil penalty provisions.
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Section 69EJS
Agricultural and Veterinary Chemicals (Administration) Act 1992 95
Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16
69EJS Establishing whether an executive officer took reasonable
steps to prevent the contravention of a civil penalty
provision
(1) For the purposes of section 69EJR, in determining whether an
executive officer of a body corporate failed to take all reasonable
steps to prevent the contravention of a civil penalty provision, a
court is to have regard to:
(a) what action (if any) the officer took towards ensuring that the
body’s employees, agents and contractors have a reasonable
knowledge and understanding of the requirements to comply
with this Act or the Collection Act, in so far as those
requirements affect the employees, agents or contractors
concerned; and
(b) what action (if any) the officer took when he or she became
aware that the body was contravening this Act or the
Collection Act.
(2) This section does not, by implication, limit the generality of
section 69EJR.
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Division 2 Infringement notices
Section 69EK
96 Agricultural and Veterinary Chemicals (Administration) Act 1992
Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16
Division 2—Infringement notices
69EK When an infringement notice may be given
(1) If an inspector has reasonable grounds to believe that a person has
contravened a prescribed civil penalty provision, the inspector may
give the person an infringement notice for the alleged
contravention.
(2) The infringement notice must be given within 12 months after the
day the contravention is alleged to have taken place.
(3) A single infringement notice must relate only to a single
contravention of a single prescribed civil penalty provision.
69EKA Matters to be included in an infringement notice
(1) An infringement notice must:
(a) be identified by a unique number; and
(b) state the day it is given; and
(c) state the name of the person to whom the notice is given; and
(d) state the name of the person who gave the notice; and
(e) give brief details of the alleged contravention, including:
(i) the provision that was allegedly contravened; and
(ii) the maximum penalty that a court could impose for the
contravention; and
(iii) the time (if known) and day of, and the place of, the
alleged contravention; and
(f) state the amount that is payable under the notice; and
(g) give an explanation of how payment of the amount is to be
made; and
(h) state that, if the person to whom the notice is given pays the
amount within 28 days after the day the notice is given, then
(unless the notice is withdrawn) proceedings seeking a civil
penalty order will not be brought in relation to the alleged
contravention; and
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Section 69EKB
Agricultural and Veterinary Chemicals (Administration) Act 1992 97
Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16
(i) state that payment of the amount is not an admission of
liability; and
(j) state that the person may apply to the APVMA to have the
period in which to pay the amount extended; and
(k) state that the person may choose not to pay the amount and,
if the person does so, proceedings seeking a civil penalty
order may be brought in relation to the alleged contravention;
and
(l) set out how the notice can be withdrawn; and
(m) state that if the notice is withdrawn proceedings seeking a
civil penalty order may be brought in relation to the alleged
contravention; and
(n) state that the person may make written representations to the
APVMA seeking the withdrawal of the notice.
(2) For the purposes of paragraph (1)(f), the amount to be stated in the
notice for the alleged contravention of the provision must not
exceed one-fifth of the maximum penalty that a court could impose
on the person for that contravention.
(3) The regulations may, subject to subsection (2), provide for a scale
of amounts that may apply for an alleged contravention.
69EKB Extension of time to pay amount
(1) A person to whom an infringement notice has been given may
apply to the APVMA for an extension of the period referred to in
paragraph 69EKA(1)(h).
(2) If the application is made before the end of that period, the
APVMA may, in writing, extend that period. The APVMA may do
so before or after the end of that period.
(3) If the APVMA extends that period, a reference in this Division to
the period referred to in paragraph 69EKA(1)(h) is taken to be a
reference to that period so extended.
(4) If the APVMA does not extend that period, a reference in this
Division to the period referred to in paragraph 69EKA(1)(h) is
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Section 69EKC
98 Agricultural and Veterinary Chemicals (Administration) Act 1992
Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16
taken to be a reference to the period that ends on the later of the
following days:
(a) the day that is the last day of the period referred to in
paragraph 69EKA(1)(h);
(b) the day that is 7 days after the day the person was given
notice of the APVMA’s decision not to extend.
(5) The APVMA may extend the period more than once under
subsection (2).
69EKC Withdrawal of an infringement notice
Representations seeking withdrawal of notice
(1) A person to whom an infringement notice has been given may
make written representations to the APVMA seeking the
withdrawal of the notice.
Withdrawal of notice
(2) The APVMA may withdraw an infringement notice given to a
person (whether or not the person has made written representations
seeking the withdrawal).
(3) When deciding whether or not to withdraw an infringement notice
(the relevant infringement notice), the APVMA:
(a) must take into account any written representations seeking
the withdrawal that were given by the person to the APVMA;
and
(b) may take into account the following:
(i) whether a court has previously imposed a penalty on the
person for a contravention of a prescribed civil penalty
provision if the contravention is constituted by conduct
that is the same, or substantially the same, as the
conduct alleged to constitute the contravention in the
relevant infringement notice;
(ii) the circumstances of the alleged contravention;
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Section 69EKD
Agricultural and Veterinary Chemicals (Administration) Act 1992 99
Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16
(iii) whether the person has paid an amount, stated in an
earlier infringement notice, for a contravention of a
prescribed civil penalty provision if the contravention is
constituted by conduct that is the same, or substantially
the same, as the conduct alleged to constitute the
contravention in the relevant infringement notice;
(iv) any other matter the APVMA considers relevant.
Notice of withdrawal
(4) Notice of the withdrawal of the infringement notice must be given
to the person. The withdrawal notice must state:
(a) the person’s name and address; and
(b) the day the infringement notice was given; and
(c) the identifying number of the infringement notice; and
(d) that the infringement notice is withdrawn; and
(e) that proceedings seeking a civil penalty order may be brought
in relation to the alleged contravention.
Refund of amount if infringement notice withdrawn
(5) If:
(a) the APVMA withdraws the infringement notice; and
(b) the person has already paid the amount stated in the notice;
the Commonwealth must refund to the person an amount equal to
the amount paid.
69EKD Effect of payment of amount
(1) If the person to whom an infringement notice for an alleged
contravention of a provision is given pays the amount stated in the
notice before the end of the period referred to in
paragraph 69EKA(1)(h):
(a) any liability of the person for the alleged contravention is
discharged; and
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Section 69EKE
100 Agricultural and Veterinary Chemicals (Administration) Act 1992
Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16
(b) proceedings seeking a civil penalty order may not be brought
against the person in relation to the alleged contravention;
and
(c) the person is not regarded as having admitted liability for the
alleged contravention.
(2) Subsection (1) does not apply if the notice has been withdrawn.
69EKE Effect of this Division
This Division does not:
(a) require an infringement notice to be given to a person for an
alleged contravention of a prescribed civil penalty provision;
or
(b) affect the liability of a person for an alleged contravention of
a prescribed civil penalty provision if:
(i) the person does not comply with an infringement notice
given to the person for the contravention; or
(ii) an infringement notice is not given to the person for the
contravention; or
(iii) an infringement notice is given to the person for the
contravention and is subsequently withdrawn; or
(c) prevent the giving of 2 or more infringement notices to a
person for an alleged contravention of a prescribed civil
penalty provision; or
(d) limit a court’s discretion to determine the amount of a
penalty to be imposed on a person who is found to have
contravened a prescribed civil penalty provision.
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Enforceable undertakings Division 3
Section 69EL
Agricultural and Veterinary Chemicals (Administration) Act 1992 101
Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16
Division 3—Enforceable undertakings
69EL Acceptance of undertakings
(1) The APVMA may accept any of the following undertakings:
(a) a written undertaking given by a person that the person will,
in order to comply with a provision of this Act or the
Collection Act, take specified action;
(b) a written undertaking given by a person that the person will,
in order to comply with a provision of this Act or the
Collection Act, refrain from taking specified action;
(c) a written undertaking given by a person that the person will
take specified action directed towards ensuring one or more
of the following:
(i) that the person does not commit an offence against this
Act or the Collection Act;
(ii) that the person does not contravene a civil penalty
provision;
(iii) that the person is unlikely to commit an offence against
this Act or the Collection Act, or to contravene a civil
penalty provision, in the future.
(2) The undertaking must be expressed to be an undertaking under this
section.
(3) The person may withdraw or vary the undertaking at any time, but
only with the written consent of the APVMA.
(4) The APVMA’s consent is not a legislative instrument.
(5) The APVMA may, by written notice given to the person, cancel
the undertaking.
(6) The APVMA must publish the undertaking on the APVMA’s
website.
(7) However, the APVMA is not required to publish so much of the
undertaking that the APVMA is satisfied:
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Section 69ELA
102 Agricultural and Veterinary Chemicals (Administration) Act 1992
Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16
(a) is confidential commercial information; or
(b) is personal information (within the meaning of the Privacy
Act 1988); or
(c) should not be disclosed because it would be against the
public interest to do so.
69ELA Enforcement of undertakings
(1) If:
(a) a person has given an undertaking under section 69EL; and
(b) the undertaking has not been withdrawn or cancelled; and
(c) the APVMA considers that the person has breached the
undertaking;
the APVMA may, on behalf of the Commonwealth, apply to a
court of competent jurisdiction for an order under subsection (2).
(2) If the court is satisfied that the person has breached the
undertaking, the court may make any or all of the following orders:
(a) an order directing the person to comply with the undertaking;
(b) an order directing the person to pay to the Commonwealth an
amount up to the amount of any financial benefit that the
person has obtained directly or indirectly and that is
reasonably attributable to the breach;
(c) any order that the court considers appropriate directing the
person to compensate any other person who has suffered loss
or damage as a result of the breach;
(d) any other order that the court considers appropriate.
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Injunctions Division 4
Section 69EM
Agricultural and Veterinary Chemicals (Administration) Act 1992 103
Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16
Division 4—Injunctions
69EM Grant of injunctions
Restraining injunctions
(1) If a person has engaged, is engaging or is proposing to engage, in
conduct that constitutes an offence against this Act or the
Collection Act or a contravention of a civil penalty provision, a
court of competent jurisdiction may, on application by any person,
grant an injunction:
(a) restraining the first-mentioned person from engaging in the
conduct; and
(b) if, in the court’s opinion, it is desirable to do so—requiring
the first-mentioned person to do a thing.
Performance injunctions
(2) If:
(a) a person has refused or failed, or is refusing or failing, or is
proposing to refuse or fail, to do a thing; and
(b) the refusal or failure was, is or would be, an offence against
this Act or the Collection Act or a contravention of a civil
penalty provision;
the court may, on application by any person, grant an injunction
requiring the first-mentioned person to do that thing.
Grant of interim injunctions
(3) Before deciding an application for an injunction under this section,
the court may grant an interim injunction:
(a) restraining a person from engaging in conduct; or
(b) requiring a person to do a thing.
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Division 4 Injunctions
Section 69EMA
104 Agricultural and Veterinary Chemicals (Administration) Act 1992
Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16
69EMA Discharging or varying injunctions
A court may discharge or vary an injunction granted by that court
under this Division.
69EMB Certain limits on granting injunctions not to apply
Restraining injunctions
(1) The power of a court under this Division to grant an injunction
restraining a person from engaging in conduct may be exercised:
(a) whether or not it appears to the court that the person intends
to engage again, or to continue to engage, in conduct of that
kind; and
(b) whether or not the person has previously engaged in conduct
of that kind; and
(c) whether or not the conduct involves a serious and immediate
risk of:
(i) an effect that is harmful to human beings; or
(ii) an unintended effect that is harmful to animals, plants or
things, or to the environment.
Performance injunctions
(2) The power of a court under this Division to grant an injunction
requiring a person to do a thing may be exercised:
(a) whether or not it appears to the court that the person intends
to refuse or fail again, or to continue to refuse or fail, to do
that thing; and
(b) whether or not the person has previously refused or failed to
do that thing; and
(c) whether or not the conduct involves a serious and immediate
risk of:
(i) an effect that is harmful to human beings; or
(ii) an unintended effect that is harmful to animals, plants or
things, or to the environment.
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Injunctions Division 4
Section 69EMC
Agricultural and Veterinary Chemicals (Administration) Act 1992 105
Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16
69EMC Other powers of a court unaffected
The powers conferred on a court under this Division are in addition
to, and not instead of, any other powers of the court, whether
conferred by this Act or otherwise.
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Division 5 Substantiation notices
Section 69EN
106 Agricultural and Veterinary Chemicals (Administration) Act 1992
Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16
Division 5—Substantiation notices
69EN APVMA may require claims to be substantiated etc.
(1) This section applies if a person has made a claim or representation
in relation to:
(a) the import, or possible import, of a chemical product by the
person or another person; or
(b) the export of a chemical product by the person or another
person.
(2) The APVMA may give the person who made the claim or
representation a written notice that requires the person to do either
or both of the following:
(a) give information or produce documents to the APVMA that
could be capable of substantiating or supporting the claim or
representation;
(b) give information or produce documents to the APVMA that
are of a kind specified in the notice;
within 21 days after the notice is given to the person who made the
claim or representation.
(3) Any kind of information or documents that the APVMA specifies
under paragraph (2)(b) must be a kind that the APVMA is satisfied
is relevant to substantiating or supporting the claim or
representation.
(4) The notice must:
(a) name the person to whom it is given; and
(b) specify the claim or representation to which it relates; and
(c) explain the effect of sections 69ENA and 69ENB.
(5) The notice may relate to more than one claim or representation that
the person has made.
(6) This section does not apply to a person who made the claim or
representation if the person:
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Section 69ENA
Agricultural and Veterinary Chemicals (Administration) Act 1992 107
Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16
(a) made the claim or representation by publishing it on behalf of
another person in the course of carrying on a business of
providing information; and
(b) does not have a commercial relationship with the other
person other than for the purpose of:
(i) publishing claims or representations promoting, or
apparently intended to promote, the other person’s
business or other activities; or
(ii) the other person supplying goods or services.
69ENA Compliance with substantiation notices
(1) A person given a substantiation notice under section 69EN must
comply with the notice:
(a) within the period specified in the notice; or
(b) within such further time as the APVMA allows under
subsection (3).
(2) A person given a substantiation notice under section 69EN may
apply to the APVMA for further time to comply with the notice.
An application must be in writing and made within 21 days after
the notice is given to the person.
(3) The APVMA may, by written notice given to the person, extend
the period within which the person must comply with the notice.
(4) Despite subsection (1), an individual may refuse or fail to give
particular information or produce a particular document in
compliance with a substantiation notice on the ground that the
information, or production of the document, might tend to
incriminate the individual or to expose the individual to a penalty.
69ENB Failure to comply with substantiation notice
(1) A person contravenes this section if:
(a) the person is given a notice under section 69EN; and
(b) the person fails to comply with the notice:
(i) within the period specified in the notice; or
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Division 5 Substantiation notices
Section 69ENB
108 Agricultural and Veterinary Chemicals (Administration) Act 1992
Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16
(ii) if the APVMA has allowed the person further time
under subsection 69ENA(3)—within such further time.
(2) Subsection (1) does not apply if:
(a) the person is an individual; and
(b) the person refuses or fails to give particular information or
produce a particular document in compliance with a
substantiation notice; and
(c) the information, or production of the document, might tend to
incriminate the individual or to expose the individual to a
penalty.
(3) A person commits an offence if the person contravenes
subsection (1).
Penalty: 50 penalty units.
Note: A defendant bears an evidential burden in relation to the matter in
subsection (2). See subsection 13.3(3) of the Criminal Code.
(4) Subsection (1) is a civil penalty provision.
Note 1: Division 1 of this Part provides for pecuniary penalties for
contraventions of civil penalty provisions.
Note 2: For the evidential burden in civil penalty proceedings in relation to the
matter in subsection (2), see section 69EJP.
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Formal warnings Division 6
Section 69EO
Agricultural and Veterinary Chemicals (Administration) Act 1992 109
Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16
Division 6—Formal warnings
69EO APVMA may issue a formal warning
(1) The APVMA may, by written notice, issue a formal warning to a
person if the APVMA has reasonable grounds to suspect that the
person may have contravened this Act or the Collection Act.
(2) A formal warning under subsection (1) is not a legislative
instrument.
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Section 69EP
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69EP Hearings
(1) The APVMA may hold hearings for the purposes of the
performance or exercise of any of its functions or powers.
(2) Before holding a hearing, the APVMA must cause to be published
in the Gazette, and in any other manner that it thinks appropriate, a
notice setting out the place and time for the hearing.
(3) Subject to subsection (4), a hearing is to be held in public.
(4) The APVMA, having regard to the confidential nature of any
submissions or evidence or for any other reason, may direct that a
part of a hearing be in private and may determine who may be
present.
(5) The APVMA may give directions prohibiting or restricting the
publication of submissions or evidence given at a hearing, whether
in public or in private, or of matters contained in such submissions
or evidence or in documents produced at such a hearing.
(6) A person must not contravene a direction given under
subsection (5).
Penalty: 50 penalty units.
(6A) Subsection (6) does not apply if the person has a reasonable
excuse.
Note: The defendant bears an evidential burden in relation to the matter in
subsection (6A). See subsection 13.3(3) of the Criminal Code.
(6B) An offence under subsection (6) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
(7) If the APVMA directs that a part of a hearing be in private, a
person must not be present at that part of the hearing unless he or
she:
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(a) is a Board member, or the Chief Executive Officer, of the
APVMA; or
(b) is a member of the staff of the APVMA that the APVMA has
authorised to be present; or
(c) is entitled to be present because of a determination under
subsection (4).
Penalty: 50 penalty units.
(7A) Subsection (7) does not apply if the person has a reasonable
excuse.
Note: The defendant bears an evidential burden in relation to the matter in
subsection (7A). See subsection 13.3(3) of the Criminal Code.
(8) At a hearing the APVMA may receive submissions or evidence, in
a form determined by it, from persons who, in its opinion, are
likely to be able to help it in the performance or exercise of the
functions or powers to which the hearing relates.
(9) A hearing is to be conducted with as little formality and
technicality as is practicable and the APVMA is not bound by the
rules of evidence.
69EQ Self-incrimination to be a reasonable excuse for
non-compliance with requirement
It is a reasonable excuse for a person to refuse or fail to give
information, produce a document or do any other thing that the
person is required to do by or under Part 7A, 7AA or this Part that
the information, the production of the document or the doing of
that other thing would tend to incriminate the person.
69ER False or misleading information or document
(1) A person commits an offence if, for the purposes of, or in
connection with, the making of a decision by the APVMA as to
whether it should give a consent under section 69B, the person:
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(a) gives information (whether orally or in writing) that the
person knows to be false or misleading in a material
particular; or
(b) produces a document that the person knows to be false or
misleading in a material particular without:
(i) indicating to the person to whom the document is
produced that it is false or misleading and the respect in
which it is false or misleading; and
(ii) providing correct information to that person if the
person producing the document is in possession of, or
can reasonably acquire, the correct information.
Penalty: 300 penalty units.
(2) A person commits an offence if, in compliance or purported
compliance with a requirement made by an inspector under
Part 7A, Part 7AA or this Part or for the purposes of, or in
connection with, any provision of Part 7A (other than section 69B),
Part 7AA or this Part, the person:
(a) gives information (whether orally or in writing) that the
person knows to be false or misleading in a material
particular; or
(b) produces a document that the person knows to be false or
misleading in a material particular without:
(i) indicating to the person to whom the document is
produced that it is false or misleading and the respect in
which it is false or misleading; and
(ii) providing correct information to that person if the
person producing the document is in possession of, or
can reasonably acquire, the correct information.
Penalty: 60 penalty units.
69ES Evidential certificates
(1) This section has effect for the purposes of any proceeding before a
court or tribunal or an authority or person having power to require
the production of documents or the answering of questions, other
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than a proceeding for an offence that is directly punishable by
imprisonment.
(2) A certificate that states a matter referred to in subsection (3) is
prima facie evidence of that matter if it is signed by the Chief
Executive Officer of the APVMA, or by a member of the staff of
the APVMA whom the APVMA has authorised to give certificates
under this section.
(3) The matters that may be stated in a certificate referred to in
subsection (2) are as follows:
(a) that a substance referred to in the certificate was, or was not,
at a particular time, or during a particular period, an active
constituent, or an approved active constituent, for a proposed
or existing chemical product;
(b) that a chemical product referred to in the certificate was, or
was not, at a particular time, or during a particular period, a
chemical product or a registered chemical product;
(c) that a person named in the certificate was an inspector at a
particular time or during a particular period;
(d) that a notice, direction or requirement referred to in the
certificate was given at a particular time to a particular
person under this Part;
(e) any matter that could be stated in a certificate given under
section 149 of any of the Agvet Codes.
(4) Unless the contrary is proved, a document purporting to be a
certificate referred to in subsection (2) is taken to be such a
certificate and to have been duly given.
69ET Forfeiture
(1) If a person is convicted of an offence against Part 7A, 7AA or this
Part in respect of a thing that the court finds to be the property of
that person, the court may order all or any part of the thing to be
forfeited to the APVMA.
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(2) If the court makes an order under subsection (1) in respect of, or in
respect of part of, a thing, the thing, or that part of the thing, as the
case may be, becomes the property of the APVMA and may be
dealt with or disposed of in any manner that the APVMA considers
appropriate.
69EU Conduct by directors, employees and agents
(1) Subject to subsection (2), in proceedings against a body corporate
for an offence against Part 7A, 7AA or this Part:
(a) any conduct engaged in by a director, employee or agent of
the body corporate within the actual or apparent scope of his
or her employment or within his or her actual or apparent
authority is taken to have been engaged in also by the body
corporate; and
(b) it is taken to be established that conduct (the relevant
conduct) was engaged in by the body corporate intentionally,
knowingly or recklessly if it is proved:
(i) that the directors of the body corporate intentionally,
knowingly or recklessly engaged in the relevant conduct
or expressly, tacitly or impliedly authorised or permitted
the relevant conduct to be engaged in; or
(ii) that an employee or agent of the body corporate with
duties of such responsibility that his or her conduct may
fairly be assumed to represent the policy of the body
corporate intentionally, knowingly or recklessly
engaged in the relevant conduct or expressly, tacitly or
impliedly authorised or permitted the relevant conduct
to be engaged in.
(2) Subparagraph (1)(b)(ii) does not apply if the body corporate proves
that it exercised due diligence to prevent the relevant conduct.
(3) Subject to subsection (4), in proceedings against an individual for
an offence against Part 7A, 7AA or this Part:
(a) any conduct engaged in by an employee or agent of the
individual within the actual or apparent scope of his or her
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employment or within his or her actual or apparent authority
is taken to have been engaged in also by the individual; and
(b) it is taken to be established that conduct (the relevant
conduct) was engaged in by the individual intentionally,
knowingly or recklessly if it is proved that an employee or
agent of the individual with duties of such responsibility that
his or her conduct may fairly be assumed to represent the
policy of the individual intentionally, knowingly or
recklessly engaged in the relevant conduct or expressly,
tacitly or impliedly authorised or permitted the relevant
conduct to be engaged in.
(4) Paragraph (3)(b) does not apply if the individual proves that he or
she exercised due diligence to prevent the relevant conduct.
(5) If:
(a) an individual is convicted of an offence against Part 7A, 7AA
or this Part; and
(b) the individual would not have been convicted of that offence
if subsections (3) and (4) had not been enacted;
the individual is not liable to be punished by imprisonment for that
offence.
(6) A reference in this section to engaging in conduct includes a
reference to failing or refusing to engage in conduct.
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3 of Article 39 of the TRIPS Agreement
Section 69EV
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Part 7B—Modification of the Agvet Codes for the
purpose of giving effect to paragraph 3 of
Article 39 of the TRIPS Agreement
69EV Definitions
(1) In this Part:
current application has the meaning given by section 69EX.
information includes, but is not limited to, information obtained
from trials or laboratory experiments.
previous application has the meaning given by section 69EX.
relevant information has the meaning given by section 69EX.
(2) Expressions used in this Part that are defined or otherwise used in
the Code set out in the Schedule to the Agricultural and Veterinary
Chemicals Code Act 1994 have the same meanings as in that Code.
69EW Modification of Agvet Codes
(1) This Part modifies the Agvet Codes for the purpose of giving effect
to Australia’s obligations under paragraph 3 of Article 39 of the
Agreement on Trade-Related Aspects of Intellectual Property
Rights set out in Annex 1C to the Marrakesh Agreement
establishing the World Trade Organization, done at Marrakesh on
15 April 1994.
Note: The English text of the Marrakesh Agreement establishing the World
Trade Organization is set out in Australian Treaty Series 1995 No. 8.
(2) The Agvet Codes have effect subject to this Part.
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Section 69EX
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69EX Application of Part
This Part applies to an application (the current application) made
to the APVMA after the commencement of this Part for approval
of an active constituent for a proposed or existing chemical product
where:
(a) the APVMA cannot grant the application without using
information (the relevant information) given to the APVMA
in connection with a previous application (the previous
application) made to the APVMA (other than a previous
application made before the commencement of this Part or
after the commencement of Division 4A of Part 2 of the
Code set out in the Schedule to the Agricultural and
Veterinary Chemicals Code Act 1994) for approval of an
active constituent for a proposed or existing chemical
product; and
(b) the relevant information has not been made publicly available
in Australia; and
(c) at the time immediately before the previous application was
made, no application had been made to the APVMA for
approval of the active constituent to which that application
related.
69EY APVMA not to grant current application except in certain
circumstances
The APVMA must not grant the current application unless:
(a) the person who made that application:
(i) has given to the APVMA information that makes it
unnecessary for the APVMA to use the relevant
information in connection with that application; or
(ii) has given to the APVMA evidence that satisfies the
APVMA that the person who made the previous
application has consented to the APVMA using the
relevant information in connection with the current
application; or
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(b) at least 5 years have elapsed since the previous application
was determined by the APVMA or was withdrawn, as the
case may be.
69EZ Approval given in contravention of section 69EY is not invalid
but is to be cancelled
(1) If:
(a) the APVMA approves an active constituent for a proposed or
existing chemical product; and
(b) the APVMA was prohibited by section 69EY from giving the
approval;
the approval is not invalid.
(2) However, the APVMA must cancel the approval when it finds out
that the giving of the approval was prohibited by section 69EY.
69EZA Power of APVMA to grant multiple approvals to be subject
to section 69EY
The power of the APVMA under subsection 16(1) of the Agvet
Codes to approve the same active constituent for a proposed or
existing chemical product on applications made by different
persons is subject to section 69EY.
69EZB Power of APVMA to use information obtained by it for
other purposes not to be affected
Except as provided by section 69EY, the power of the APVMA
under subsection 6C(1) of the Agvet Codes to use information
obtained by it from any source for the purpose of performing any
of its functions or exercising any of its powers under those Codes
is not affected.
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Section 69F
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69F Appointment of inspectors
(1) The APVMA may, by writing, appoint members of its staff,
persons engaged under the Public Service Act 1999, or other
persons having appropriate qualifications, to be inspectors for the
purposes of a relevant law referred to in the document of
appointment.
(2) If:
(a) a Department of State of a State; or
(b) a Department or administrative unit of the Public Service of a
participating Territory; or
(c) an authority of a State or of a participating Territory;
has functions relating to agricultural or veterinary chemicals, the
Chief Executive Officer may, by signed writing, authorise officers
of the Department, administrative unit or authority to exercise the
powers and perform the functions of inspectors for the purposes of
a relevant law.
(3) An inspector is a Commonwealth officer for the purposes of
section 70 of the Crimes Act 1914.
(4) The APVMA must cause to be issued to each person who is an
inspector for the purposes of a relevant law an identity card which
states the name of the person and the fact that the person is an
inspector for the purposes of that law and to which is attached a
photograph of the person taken within the 3 years before the
identity card is issued.
(5) A person must, within 14 days of ceasing to be an inspector, return
to the APVMA the identity card issued to him or her under this
section.
Penalty: One penalty unit.
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(5A) Subsection (5) does not apply if the person has a reasonable
excuse.
Note: The defendant bears an evidential burden in relation to the matter in
subsection (5A). See subsection 13.3(3) of the Criminal Code.
(5B) An offence under subsection (5) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
(6) In this section:
relevant law means:
(a) this Act; or
(b) the Agvet Codes; or
(c) any other Act providing for the collection of a levy imposed
in respect of the disposal of chemical products.
69G Approval of analysts
(1) The APVMA may, by writing, appoint persons whom it considers
to have appropriate qualifications and experience to be approved
analysts for the purposes of the Agvet Codes.
(2) The APVMA must cause the name, and the address of the place of
business, of each approved analyst to be published in the Gazette.
69H Exemptions from liability for damages
(1) Subject to subsection (3), no action, suit or other proceeding for
damages lies against the Commonwealth, the APVMA, or any
other Commonwealth authority, or a person who is or has been an
officer or employee of the Commonwealth, of the APVMA or of
any other Commonwealth authority, or is or has been a delegate of
the APVMA, a director of the APVMA, a consultant to the
APVMA, an inspector, or a mediator or arbitrator appointed by the
APVMA under any of the Agvet Codes, for any loss or injury
directly or indirectly suffered as a result of:
(a) the handling of an approved active constituent for a proposed
or existing chemical product; or
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(b) the handling of a registered chemical product or a reserved
chemical product; or
(c) the handling of an active constituent for a proposed or
existing chemical product, or of a chemical product, in
respect of which a permit or exemption has been issued or
given by the APVMA; or
(d) an inability to use, or to use in a particular manner, an active
constituent for a proposed or existing chemical product:
(i) because an approval, permit or exemption permitting its
use, or permitting its use in that manner, has been
refused by the APVMA or such an approval, permit or
exemption that was previously granted by the APVMA
has been suspended or cancelled; or
(ii) because its use, or its use in that manner, is precluded
by the conditions of an approval, permit or exemption;
or
(e) an inability to use, or to use in a particular manner, a
chemical product:
(i) because a registration, permit or exemption permitting
its use, or permitting its use in that manner, has been
refused by the APVMA or such a registration, permit or
exemption that was previously granted by the APVMA
has been suspended or cancelled; or
(ii) because its use, or its use in that manner, is precluded
by the conditions of a registration, permit or exemption;
or
(f) the carrying out of a step in the manufacture of a chemical
product in respect of which a licence has been issued by the
APVMA; or
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(g) an inability to carry out, or to carry out in a particular manner
or at particular premises, a step in the manufacture of a
chemical product:
(i) because a licence to carry out that step, or to carry out
that step in that manner or at those premises, has been
refused by the APVMA or such a licence that was
previously granted by the APVMA has been suspended
or cancelled; or
(ii) because the carrying out of that step, or the carrying out
of that step in that manner or at those premises, is
precluded by the conditions of a licence.
(2) If an action, suit or other proceeding is brought against a person
responsible for the importation, manufacture, supply or handling
of:
(a) an approved active constituent for a proposed or existing
chemical product; or
(b) a registered chemical product; or
(c) an active constituent for a proposed or existing chemical
product, or a chemical product, in respect of which the
APVMA has issued a permit or given an exemption; or
(d) a chemical product in respect of a step in the manufacture of
which the APVMA has issued a licence;
in relation to any loss or injury directly or indirectly suffered
because of the importation, manufacture, supply or handling of the
constituent or product, it is not a defence to that action, suit or
other proceeding that the APVMA had approved the constituent,
registered the product, issued a permit or given an exemption in
relation to the constituent or the product, or issued a licence in
relation to a step in the manufacture of the product.
(3) This section does not affect section 148 of Schedule 2 to the
Competition and Consumer Act 2010, as that section applies as a
law of the Commonwealth.
(4) Expressions used in this section have the same meanings as in the
Code set out in the Schedule to the Agricultural and Veterinary
Chemicals Code Act 1994.
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69HA Protection of inspectors etc.
An inspector, a person assisting an inspector, or other member of
the staff of the APVMA, is not liable to any proceedings relating to
an act done, or omitted to be done, in good faith in the performance
or purported performance of a function, or in the exercise or
purported exercise of a power, conferred on the inspector, person
or member by this Act or the Code set out in the Schedule to the
Agricultural and Veterinary Chemicals Code Act 1994.
69J Documents or substances held by APVMA at commencement of
Agvet Codes
Any documents or substances that were in the possession or
custody of the APVMA under the Agricultural and Veterinary
Chemicals Act 1988 immediately before the repeal of that Act are
taken to be in the possession or custody of the APVMA under the
Agvet Codes.
70 Acts done by APVMA
(1) A certificate that:
(a) purports to be signed by:
(ii) the Chief Executive Officer; or
(iii) another person authorised by the APVMA to sign
certificates for the purposes of this subsection; and
(b) states any of the following:
(i) that the APVMA has done any act or thing or formed
any opinion;
(ii) that a substance referred to in a certificate was, or was
not, at a particular time, or during a particular period, an
active constituent, or an approved active constituent, for
a proposed or existing chemical product;
(iii) that a chemical product referred to in the certificate was,
or was not, at a particular time, or during a particular
period, a chemical product, a registered chemical
product or a reserved chemical product;
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is, upon mere production, receivable as prima facie evidence of the
matters stated in the certificate.
(2) A certificate that:
(a) purports to be signed by the Chief Executive Officer; and
(b) states that a named person is authorised by the APVMA to
sign certificates for the purposes of subsection (1);
is, upon mere production, receivable as prima facie evidence that
the person is so authorised.
71 Delegation by Minister
(1) The Minister may, by signed writing, delegate to an officer of, or
person employed in, the Department all or any of:
(a) the powers conferred on the Minister under this Act, the
Agricultural and Veterinary Chemicals Act 1994, the
Agricultural and Veterinary Chemicals Code Act 1994 or the
Agvet Codes or the Agvet Regulations; or
(b) the powers expressed to be conferred on the Minister under a
law of a State relating to agricultural or veterinary chemicals.
(2) A delegate of the Minister is, in the exercise of the delegate’s
delegated powers, subject to the Minister’s directions.
72 Review of Agvet Scheme every 10 years
(1) The Minister must ensure that, at least every 10 years, there is a
review of the operation of the following Acts, and any instruments
made under those Acts:
(a) the Agricultural and Veterinary Chemical Products
(Collection of Levy) Act 1994;
(b) the Agricultural and Veterinary Chemical Products Levy
Imposition (Customs) Act 1994;
(c) the Agricultural and Veterinary Chemical Products Levy
Imposition (Excise) Act 1994;
(d) the Agricultural and Veterinary Chemical Products Levy
Imposition (General) Act 1994;
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(e) the Agricultural and Veterinary Chemicals Act 1994;
(f) the Agricultural and Veterinary Chemicals (Administration)
Act 1992;
(g) the Agricultural and Veterinary Chemicals Code Act 1994.
(2) The Minister may include any related matter in the review.
(3) At least one of the persons conducting the review must not be
otherwise appointed, employed or engaged by the Commonwealth.
(4) The review must include a request for, and consideration of,
submissions from members of the public.
(5) The Minister must cause a written report of the review to be laid
before each House of the Parliament within 15 sitting days of the
House after:
(a) for the first review under this section—the tenth anniversary
of the commencement of this section; and
(b) for later reviews—the tenth anniversary of the day on which
the written report of the immediately preceding review was
laid before each House of the Parliament.
73 Regulations
The Governor-General may make regulations prescribing all
matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or
giving effect to this Act.
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Part 9—Transitional provisions
74 Staff
(1) A person who:
(a) immediately before the commencement of this Act was an
officer or temporary employee under the Public Service Act
1922; and
(b) from and including that commencement is employed by the
APVMA;
is taken, subject to any determination or determinations made by
the APVMA under subsection 45(2), to be engaged on the same
terms and conditions, and to be subject to the same industrial
award, as in force from time to time, as applied to the person
immediately before that commencement.
(2) Before making a determination under subsection 45(2) affecting
persons mentioned in subsection (1) of this section, the APVMA
must consult fully with organisations representing such persons for
industrial relations purposes.
75 Transfers of certain assets to APVMA
(1) The Minister may cause to be transfered to the APVMA any assets
held by the Commonwealth that the Minister considers appropriate
to be transferred to the APVMA for the performance of its
functions and the exercise of its powers.
(2) Subsection (1) does not prevent the Commonwealth from
transferring any asset to the APVMA otherwise than under that
subsection.
(3) If, immediately before the transfer:
(a) a right of the Commonwealth arising out of a debt, liability or
obligation of any other person in favour of the
Commonwealth existed in respect of the assets; or
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(b) a debt, liability or obligation of the Commonwealth existed in
respect of the assets;
the right, debt, liability or obligation, as the case may be, of the
Commonwealth is, by force of this section, transferred to the
APVMA.
(4) If, immediately before the transfer:
(a) proceedings by the Commonwealth were pending in a court;
and
(b) the proceedings related to such a debt, liability or obligation;
then, to the extent that the proceedings so relate, they may be
continued by the APVMA and the APVMA is to be substituted for
the Commonwealth.
76 Agreements etc.—Minister may make arrangements
The Minister may, by signed writing, declare that a specified
agreement or a specified instrument:
(a) to which the Commonwealth or the Commonwealth
Government is a party; and
(b) that immediately before the commencement of this Act
related to chemical products;
has effect, after that commencement, as if:
(c) the APVMA were substituted for the Commonwealth or the
Commonwealth Government, as the case may be, as a party
to the agreement or instrument; and
(d) any reference in the agreement or instrument to the
Commonwealth or the Commonwealth Government were
(except in relation to matters that occurred before that
commencement) a reference to the APVMA;
and, if the Minister makes such a declaration, it has effect
accordingly.
78 Money paid in advance to Commonwealth
If:
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Part 9 Transitional provisions
Section 79
128 Agricultural and Veterinary Chemicals (Administration) Act 1992
Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16
(a) a function of the APVMA was formerly performed by the
Department; and
(b) an amount received by the Commonwealth is or includes an
amount paid in advance on account of anything to be done by
the Commonwealth under that function; and
(c) that thing was not done by the Commonwealth before the
commencement of this Act;
there is payable to the APVMA by the Commonwealth an amount
that the Minister, having regard to all matters that he or she
considers relevant, determines in writing as being payable because
of the receipt of the first-mentioned amount.
79 Rights in respect of services and facilities formerly provided by
Department
(1) If, immediately before the commencement of this Act:
(a) a function of the APVMA was being performed by the
Department; and
(b) a right of the Commonwealth existed, arising out of a debt,
liability or obligation of any other person in favour of the
Commonwealth in respect of a service or facility provided by
the Department in the performance of that function;
the right of the Commonwealth is transferred to the APVMA, by
force of this section, to the extent determined in writing by the
Minister and the Minister for Finance.
(2) If, immediately before the commencement of this Act:
(a) proceedings by the Commonwealth were pending in a court;
and
(b) the proceedings related to such a debt, liability or obligation;
then, to the extent to which the proceedings so relate, they may be
continued by the APVMA and the APVMA is to be substituted for
the Commonwealth.
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Transitional provisions Part 9
Section 80
Agricultural and Veterinary Chemicals (Administration) Act 1992 129
Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16
(3) In subsection (1):
liability includes liability to pay a fee under the Agricultural and
Veterinary Chemicals Act 1988, whether or not an invoice was
issued, or a demand made, in respect of the fee before the
commencement of this Act.
80 Delegations
A delegation made by the Australian Agricultural and Veterinary
Chemicals Council to a person of all or any of its powers or
functions under the Agricultural and Veterinary Chemicals Act
1988 that was in force immediately before the commencement of
this Act is taken to be a delegation duly made by the APVMA to
that person under section 11 of this Act of the corresponding
powers or functions of the APVMA.
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Endnotes
Endnote 1—About the endnotes
130 Agricultural and Veterinary Chemicals (Administration) Act 1992
Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16
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—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 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
the amendment to be made. If, despite the misdescription, the amendment can
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Endnotes
Endnote 1—About the endnotes
Agricultural and Veterinary Chemicals (Administration) Act 1992 131
Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16
be given effect as intended, the amendment is incorporated into the compiled
law and the abbreviation “(md)” added to the details of the amendment included
in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the
abbreviation “(md not incorp)” is added to the details of the amendment
included in the amendment history.
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Endnotes
Endnote 2—Abbreviation key
132 Agricultural and Veterinary Chemicals (Administration) Act 1992
Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16
Endnote 2—Abbreviation key
ad = added or inserted o = order(s)
am = amended Ord = Ordinance
amdt = amendment orig = original
c = clause(s) par = paragraph(s)/subparagraph(s)
C[x] = Compilation No. x /sub-subparagraph(s)
Ch = Chapter(s) pres = present
def = definition(s) prev = previous
Dict = Dictionary (prev…) = previously
disallowed = disallowed by Parliament Pt = Part(s)
Div = Division(s) r = regulation(s)/rule(s)
ed = editorial change reloc = relocated
exp = expires/expired or ceases/ceased to have renum = renumbered
effect rep = repealed
F = Federal Register of Legislation rs = repealed and substituted
gaz = gazette s = section(s)/subsection(s)
LA = Legislation Act 2003 Sch = Schedule(s)
LIA = Legislative Instruments Act 2003 Sdiv = Subdivision(s)
(md) = misdescribed amendment can be given SLI = Select Legislative Instrument
effect SR = Statutory Rules
(md not incorp) = misdescribed amendment Sub-Ch = Sub-Chapter(s)
cannot be given effect SubPt = Subpart(s)
mod = modified/modification underlining = whole or part not
No. = Number(s) commenced or to be commenced
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Endnotes
Endnote 3—Legislation history
Agricultural and Veterinary Chemicals (Administration) Act 1992 133
Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16
Endnote 3—Legislation history
Act Number
and year
Assent Commencement Application,
saving and
transitional
provisions
Agricultural and
Veterinary Chemicals
(Administration) Act 1992
262, 1992 24 Dec
1992
15 June 1993 (see
Gazette 1993, No.
GN22)
Primary Industries and
Energy Legislation
Amendment Act 1993
94, 1993 16 Dec
1993
Parts 11 and 12 (ss. 47–
65): 1 Jan 1994
s. 69(1)(b):
1 July 1989
Remainder: Royal
Assent
—
Agricultural and
Veterinary Chemicals
(Consequential
Amendments) Act 1994
37, 1994 15 Mar
1994
15 Mar 1995 (see s. 2) —
Agricultural and
Veterinary Chemicals
(Administration)
Amendment Act 1994
76, 1994 21 June
1994
1 July 1994 (see s. 2(1)
and Gazette 1994, No.
S222)
—
Primary Industries and
Energy Legislation
Amendment Act 1994
94, 1994 29 June
1994
s. 11: (a) —
Customs, Excise and
Bounty Legislation
Amendment Act 1995
85, 1995 1 July 1995 s. 12: 1 July 1995 (b) —
Primary Industries and
Energy Legislation
Amendment Act (No. 2)
1996
59, 1996 20 Nov
1996
Schedule 2: Royal
Assent
—
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Endnotes
Endnote 3—Legislation history
134 Agricultural and Veterinary Chemicals (Administration) Act 1992
Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16
Act Number
and year
Assent Commencement Application,
saving and
transitional
provisions
Audit (Transitional and
Miscellaneous)
Amendment Act 1997
152, 1997 24 Oct
1997
Schedule 2 (items 142–
151): 1 Jan 1998 (see
Gazette 1997, No.
GN49) (c)
—
Primary Industries and
Energy Legislation
Amendment Act (No. 1)
1998
102, 1998 30 July
1998
Schedule 1 (items 1, 2):
30 July 1998
—
Agriculture, Fisheries and
Forestry Legislation
Amendment Act (No. 1)
1999
4, 1999 31 Mar
1999
31 Mar 1999 —
Public Employment
(Consequential and
Transitional) Amendment
Act 1999
146, 1999 11 Nov
1999
Schedule 1 (items 58–
61): 5 Dec 1999 (see
Gazette 1999, No. S584)
(d)
—
Corporate Law Economic
Reform Program Act 1999
156, 1999 24 Nov
1999
Schedule 10 (item 12):
13 Mar 2000 (see
Gazette 2000, No. S114)
(e)
—
Criminal Code
Amendment (Theft, Fraud,
Bribery and Related
Offences) Act 2000
137, 2000 24 Nov
2000
Sch 2 (items 22, 418,
419): 24 May 2001 (s
2(3))
Sch. 2
(items 418,
419)
Gene Technology
(Consequential
Amendments) Act 2000
170, 2000 21 Dec
2000
22 June 2001 (see s. 2) —
Agriculture, Fisheries and
Forestry Legislation
Amendment (Application
of Criminal Code) Act
2001
115, 2001 18 Sept
2001
16 Oct 2001 s. 4
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Endnotes
Endnote 3—Legislation history
Agricultural and Veterinary Chemicals (Administration) Act 1992 135
Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16
Act Number
and year
Assent Commencement Application,
saving and
transitional
provisions
Agricultural and
Veterinary Chemicals
Legislation Amendment
Act 2003
13, 2003 8 Apr 2003 s. 4 and Schedule 2:
8 Oct 2003
Sch. 2
(items 6, 8)
Agricultural and
Veterinary Chemicals
(Administration)
Amendment Act 2004
12, 2004 11 Mar
2004
12 Mar 2004 —
Agricultural and
Veterinary Chemicals
Legislation Amendment
(Name Change) Act 2004
79, 2004 23 June
2004
Schedule 1 (items 7–
131): 30 July 2004 (see
Gazette 2004, No.
GN30)
—
US Free Trade Agreement
Implementation Act 2004
120, 2004 16 Aug
2004
Schedule 2 (item 2): 1
Jan 2005
—
Financial Framework
Legislation Amendment
Act 2005
8, 2005 22 Feb
2005
s. 4, Schedule 1
(items 72, 73, 496) and
Schedule 2 (items 13–20,
174): Royal Assent
s. 4, Sch. 1
(item 496)
and Sch. 2
(item 174)
Agricultural and
Veterinary Chemicals
Legislation Amendment
(Levy and Fees) Act 2005
42, 2005 1 Apr 2005 Schedule 1 (items 41,
42): Royal Assent
—
Agricultural and
Veterinary Chemicals
(Administration)
Amendment Act 2007
90, 2007 22 June
2007
Schedules 1 and 2:
1 July 2007
Remainder: Royal
Assent
Sch. 2
(items 1–21)
Statute Law Revision Act
2008
73, 2008 3 July 2008 Sch 1 (item 4): 1 July
2007 (s 2(1) item 5)
—
Trade Practices
Amendment (Australian
Consumer Law) Act
(No. 2) 2010
103, 2010 13 July
2010
Schedule 6 (item 152):
1 Jan 2011
—
Food Standards Australia 121, 2010 17 Nov Schedule 1 (item 1): 1 —
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Endnotes
Endnote 3—Legislation history
136 Agricultural and Veterinary Chemicals (Administration) Act 1992
Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16
Act Number
and year
Assent Commencement Application,
saving and
transitional
provisions
New Zealand Amendment
Act 2010
2010 Mar 2011 (see
F2011L00312)
Acts Interpretation
Amendment Act 2011
46, 2011 27 June
2011
Sch 2 (items 46–48) and
Sch 3 (items 10, 11):
27 Dec 2011
Sch 3
(items 10, 11)
Agricultural and
Veterinary Chemicals
Legislation Amendment
Act 2013
125, 2013 29 June
2013
Sch 3 (items 18–74) and
Sch 6 (items 18–34):
1 July 2014
—
Public Governance,
Performance and
Accountability
(Consequential and
Transitional Provisions)
Act 2014
62, 2014 30 June
2014
Sch 5 (items 63–66), Sch
7 (items 80–95), Sch 13
(items 3, 4) and Sch 14:
1 July 2014 (s 2(1)
items 4, 6, 7, 14)
Sch 5
(item 66)
Sch 14
as amended by
Public Governance and
Resources Legislation
Amendment Act (No. 1)
2015
36, 2015 13 Apr
2015
Sch 2 (item 7) and Sch 7:
14 Apr 2015 (s 2)
Sch 7
as amended by
Acts and Instruments
(Framework Reform)
(Consequential
Provisions) Act 2015
126, 2015 10 Sept
2015
Sch 1 (item 486): 5 Mar
2016 (s 2(1) item 2)
—
Acts and Instruments
(Framework Reform)
(Consequential
Provisions) Act 2015
126, 2015 10 Sept
2015
Sch 1 (item 495): 5 Mar
2016 (s 2(1) item 2)
—
Statute Law Revision Act
(No. 1) 2015
5, 2015 25 Feb
2015
Sch 3 (items 12–15): 25
Mar 2015 (s 2(1)
item 10)
—
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Endnotes
Endnote 3—Legislation history
Agricultural and Veterinary Chemicals (Administration) Act 1992 137
Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16
Act Number
and year
Assent Commencement Application,
saving and
transitional
provisions
Public Governance and
Resources Legislation
Amendment Act (No. 1)
2015
36, 2015 13 Apr
2015
Sch 5 (items 1, 74–77)
and Sch 7 (items 1, 2):
14 Apr 2015 (s 2)
Sch 5
(items 74–77)
and Sch 7
(items 1, 2)
Customs and Other
Legislation Amendment
(Australian Border Force)
Act 2015
41, 2015 20 May
2015
Sch 7 (item 1) and Sch 9:
1 July 2015 (s 2(1)
items 2, 7)
Sch 9
Statute Update Act 2016 61, 2016 23 Sept
2016
Sch 3 (item 1): 21 Oct
2016 (s 2(1) item 1)
—
(a) The Agricultural and Veterinary Chemicals (Administration) Act 1992 was
amended by section 11 only of the Primary Industries and Energy Legislation
Amendment Act 1994, subsection 2(3) of which provides as follows:
(3) The amendment of the Agricultural and Veterinary Chemicals
(Administration) Act 1992 made by the Schedule commences or is taken
to have commenced immediately after the commencement of the
Agricultural and Veterinary Chemicals (Consequential Amendments) Act
1994.
The Agricultural and Veterinary Chemicals (Consequential Amendments) Act
1994 came into operation on 15 March 1995.
(b) The Agricultural and Veterinary Chemicals (Administration) Act 1992 was
amended by section 12 only of the Customs, Excise and Bounty Legislation
Amendment Act 1995, subsection 2(5) of which provides as follows:
(5) Schedules 2 and 3, items 1, 26 to 45, 49 to 53 and 56 and 67 of
Schedule 4, Schedule 6, items 6 to 11 of Schedule 7 and Schedules 8 and
10 commence on 1 July 1995.
(c) The Agricultural and Veterinary Chemicals (Administration) Act 1992 was
amended by Schedule 2 (items 142–151) only of the Audit (Transitional and
Miscellaneous) Amendment Act 1997, subsection 2(2) of which provides as
follows:
(2) Schedules 1, 2 and 4 commence on the same day as the Financial
Management and Accountability Act 1997.
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Endnotes
Endnote 3—Legislation history
138 Agricultural and Veterinary Chemicals (Administration) Act 1992
Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16
(d) The Agricultural and Veterinary Chemicals (Administration) Act 1992 was
amended by Schedule 1 (items 58–61) only of the Public Employment
(Consequential and Transitional) Amendment Act 1999, subsections 2(1) and
(2) of which provide as follows:
(1) In this Act, commencing time means the time when the Public Service
Act 1999 commences.
(2) Subject to this section, this Act commences at the commencing time.
(e) The Agricultural and Veterinary Chemicals (Administration) Act 1992 was
amended by Schedule 10 (item 12) only of the Corporate Law Economic
Reform Program Act 1999, subsection 2(2) of which provides as follows:
(2) The following provisions commence on a day or days to be fixed by
Proclamation:
(a) section 3;
(b) the items in Schedules 1 to 7 (other than item 18 of Schedule 7);
(c) the items in Schedules 10, 11 and 12.
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Endnotes
Endnote 4—Amendment history
Agricultural and Veterinary Chemicals (Administration) Act 1992 139
Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16
Endnote 4—Amendment history
Provision affected How affected
Title ...............................................rs No. 79, 2004
Part 1
s 3 ..................................................am No. 79, 2004
s 4 ..................................................am No. 37, 1994; No 170, 2000; No 79, 2004; No 8, 2005; No 90,
2007; No 125, 2013; No 62, 2014
s 5 ..................................................rs. No 37, 1994
s 5A................................................ad. No 115, 2001
Part 2
Heading to Part 2 ...........................rs. No 79, 2004
s 6 ..................................................rs. No 79, 2004
s 7 ..................................................am Nos. 37 and 94, 1994; No 13, 2003; No 79, 2004; No 121, 2010;
No 125, 2013
Note to s. 7(3) ...............................ad No 90, 2007
rep No 62, 2014
s 7AA.............................................ad No 90, 2007
rep No 62, 2014
s 7AB.............................................ad No 90, 2007
rep No 62, 2014
s 7A................................................ad No 37, 1994
am No 13, 2003; No 79, 2004
s 8 ..................................................am No 37, 1994; No 79, 2004; No 90, 2007; No 125, 2013
s 8A................................................ad No 170, 2000
am No 13, 2003; No 79, 2004; No 125, 2013
s 9 ..................................................am No 79, 2004
Heading to s 9A .............................am No 79, 2004
s 9A................................................ad No 37, 1994
rs No 59, 1996
am No 79, 2004
s 10 ................................................am No 37, 1994; No 59, 1996; No 152, 1997; No 79, 2004; No 90,
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Endnotes
Endnote 4—Amendment history
140 Agricultural and Veterinary Chemicals (Administration) Act 1992
Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16
Provision affected How affected
2007
s. 10A.............................................ad No 90, 2007
am No 62, 2014
Heading to s. 11 .............................am No 79, 2004
s 11 ................................................am No. 146, 1999; No 79, 2004; No 90, 2007; No 125, 2013
Part 3
Heading to Part 3 ...........................rs No. 79, 2004; No 90, 2007
Division 1
Heading to Div. 1 of Part 3 ............ad No 90, 2007
Heading to s. 12 .............................am No 79, 2004
s 12 ................................................am No 79, 2004
Note to s 12(1) ..............................ad No 152, 1997
am No 79, 2004
rep No 90, 2007
Heading to s. 13 .............................am No 79, 2004
s. 13 ...............................................am No 102, 1998; No 79, 2004
rs No 90, 2007
Division 2
Heading to Div. 2 of Part 3 ............ad No 90, 2007
s 14 ................................................am No 102, 1998
rs No. 90, 2007
s 15 ................................................am No 79, 2004
rs No 90, 2007
s. 16 ...............................................rs No 90, 2007
Division 3
Heading to Div. 3 of Part 3 ............ad No 90, 2007
s 17 ................................................rs No 90, 2007
s 18 ................................................rs No 90, 2007
Note to s 18....................................am No 46, 2011
s 19 ................................................rs No 90, 2007
s 20 ................................................rep No 90, 2007
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Endnotes
Endnote 4—Amendment history
Agricultural and Veterinary Chemicals (Administration) Act 1992 141
Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16
Provision affected How affected
s 21, 22...........................................rs No 90, 2007
Heading to s. 23 .............................am No 152, 1997
rs No 90, 2007
s 23 ................................................am No 152, 1997; No 79, 2004
rs No 90, 2007; No 62, 2014
s 24 ............................................... .am No 152, 1997; No 156, 1999; No 79, 2004
rs No 90, 2007
s 25 ................................................am No 90, 2007
s 25A..............................................ad No 36, 2015
Division 4
Heading to Div. 4 of Part 3 ............ad No. 90, 2007
Heading to s. 26 .............................am No. 79, 2004
rs No. 90, 2007
s. 26 ...............................................am No 37, 1994; No. 79, 2004
rs No 90, 2007
am No 62, 2014
s. 27 ...............................................am No 79, 2004
rs No 90, 2007
am No 62, 2014
Division 5
Heading to Div. 5 of Part 3 ............ad No 90, 2007
s. 28 ...............................................am No 79, 2004; No 90, 2007
s. 29 ...............................................am. No 79, 2004
s. 29A.............................................ad. No 90, 2007
s. 30 ...............................................am No 79, 2004; No 90, 2007
Part 4
s. 31 ...............................................am No 79, 2004
s. 32 ...............................................am No 37, 1994; No 79, 2004; No 90, 2007
s. 32A.............................................ad. No. 90, 2007
s. 33 ...............................................am. No. 79, 2004
rs. No. 90, 2007
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Endnotes
Endnote 4—Amendment history
142 Agricultural and Veterinary Chemicals (Administration) Act 1992
Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16
Provision affected How affected
s. 34 ...............................................am. No. 79, 2004; No. 90, 2007
s. 35 ...............................................am. No. 79, 2004
rs. No. 90, 2007
s. 36 ...............................................am. No. 79, 2004
rep. No. 90, 2007
ss. 37, 38 ........................................am. No. 79, 2004; No. 90, 2007
s. 39 ...............................................am. No. 146, 1999
s. 40 ...............................................am. No. 79, 2004
rs. No. 90, 2007
s. 41 ...............................................am. No. 90, 2007
s. 41A.............................................ad. No. 90, 2007
am No 62, 2014
Note to s 41A.................................ad No 62, 2014
s. 42 ...............................................am. No. 90, 2007; No 62, 2014
s. 43 ...............................................am. No. 13, 2003; No. 79, 2004; No. 90, 2007; No. 46, 2011
Note to s. 43(1) .............................ad. No. 46, 2011
s. 44 ...............................................am. No. 37, 1994; No. 79, 2004
Part 5
Heading to Part 5 ...........................rs. No. 90, 2007
s. 45 ...............................................am. No. 79, 2004
rs. No. 90, 2007
Heading to s. 46 .............................am. No. 79, 2004
s. 46 ...............................................am. No. 37, 1994; No. 146, 1999; No. 79, 2004
s. 47 ...............................................am. No. 79, 2004
s. 48 ...............................................am. No. 79, 2004
rep. No. 90, 2007
s. 49 ...............................................rep. No. 90, 2007
Part 6
s. 50 ...............................................am. No. 13, 2003; No. 79, 2004
rs. No. 90, 2007
rep No 62, 2014
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Endnotes
Endnote 4—Amendment history
Agricultural and Veterinary Chemicals (Administration) Act 1992 143
Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16
Provision affected How affected
s. 51 ...............................................am. No. 37, 1994; No. 79, 2004
rs. No. 90, 2007; No 62, 2014
Heading to s. 52 .............................am. No. 79, 2004
rs. No. 90, 2007; No 62, 2014
s. 52 ...............................................am. No. 79, 2004
rs. No. 90, 2007; No 62, 2014
ss. 53, 54 ........................................am. No. 79, 2004
rep. No. 90, 2007
s. 55 ...............................................am. No. 13, 2003; No. 79, 2004; No. 90, 2007; No 125, 2013; No 62,
2014
s. 56 ...............................................am. No. 79, 2004; No 62, 2014
s. 57 ...............................................am. No. 79, 2004; No. 90, 2007; No. 73, 2008
Part 7
Part 7..............................................rs. No. 90, 2007
Division 1
Div 1 of Pt 7...................................rs No 62, 2014
s. 58 ...............................................am. Nos. 37 and 76, 1994; No. 59, 1996; No. 79, 2004; Nos. 8 and 42,
2005
rs. No. 90, 2007; No 62, 2014
Heading to s. 59 .............................am. No. 79, 2004
rs. No. 90, 2007; No 62, 2014
s. 59 ...............................................am. No. 79, 2004; No. 8, 2005
rs. No. 90, 2007
am No 125, 2013
rs No 62, 2014
Heading to s. 59A ..........................am. No. 79, 2004
rep. No. 90, 2007
s. 59A.............................................ad. No. 94, 1993
am. No. 79, 2004
rep. No. 90, 2007
Heading to s. 60 .............................am. No. 79, 2004
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Endnotes
Endnote 4—Amendment history
144 Agricultural and Veterinary Chemicals (Administration) Act 1992
Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16
Provision affected How affected
rs. No. 90, 2007
rep No 62, 2014
s. 60 ...............................................am. No. 79, 2004; No. 8, 2005
rs. No. 90, 2007
rep No 62, 2014
Division 2
s. 61 ...............................................rep. No. 152, 1997
ad. No. 90, 2007
am No 125, 2013
rs No 62, 2014
Division 3
Heading to s. 62 .............................am. No. 79, 2004
rs. No. 90, 2007
s. 62 ...............................................am. No. 152, 1997; No. 79, 2004
rs. No. 90, 2007
ss. 63, 64 ........................................am. No. 79, 2004; No. 8, 2005
rep. No. 90, 2007
s. 65 ...............................................am. No. 79, 2004
rep. No. 90, 2007
Heading to s. 66 .............................am. No. 79, 2004
rep. No. 90, 2007
ss. 66, 67 ........................................am. No. 79, 2004
rep. No. 90, 2007
Heading to s. 68 .............................am. No. 79, 2004
rep. No. 90, 2007
ss. 68, 69 ........................................am. No. 152, 1997; No. 79, 2004
rep. No. 90, 2007
s. 69AA..........................................ad. No. 8, 2005
rep. No. 90, 2007
Part 7A
Part 7A ..........................................ad. No. 37, 1994
Authorised Version C2016C01012 registered 28/10/2016
Endnotes
Endnote 4—Amendment history
Agricultural and Veterinary Chemicals (Administration) Act 1992 145
Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16
Provision affected How affected
Division 1
s. 69A.............................................ad. No. 37, 1994
am No 125, 2013
Division 2
Sdiv A
hdg to Sdiv A of Div 2 ..................
of Pt 7A
ad No 125, 2013
s. 69B.............................................ad. No. 37, 1994
am. No. 85, 1995; No. 115, 2001; No. 13, 2003; No. 79, 2004; No 125,
2013; No 41, 2015
Sdiv B
hdg to Sdiv B of Div 2 ..................
of Pt 7A
ad No 125, 2013
s. 69CA..........................................ad. No. 12, 2004
s. 69CB ..........................................ad. No. 12, 2004
s. 69CC ..........................................ad. No. 12, 2004
hdg to s 69CD................................rs No 125, 2013
s. 69CD..........................................ad. No. 12, 2004
am No 125, 2013
Sdiv C
hdg to Sdiv C of Div 2 ..................
of Pt 7A
ad No 125, 2013
Heading to s. 69C...........................am. No. 59, 1996
rs. No. 12, 2004
Subhead. to s. 69C(2) ....................ad. No. 12, 2004
Subhead. to s. 69C(5) ....................ad. No. 12, 2004
s. 69C.............................................ad. No. 37, 1994
am. No. 59, 1996; No. 115, 2001; No. 12, 2004
Sdiv D
hdg to Sdiv D of Div 2 ..................
of Pt 7A
ad No 125, 2013
s. 69D.............................................ad. No. 37, 1994
Authorised Version C2016C01012 registered 28/10/2016
Endnotes
Endnote 4—Amendment history
146 Agricultural and Veterinary Chemicals (Administration) Act 1992
Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16
Provision affected How affected
am. No. 59, 1996; No. 79, 2004; No 125, 2013
Sdiv E
hdg to Sdiv E of Div 2 ..................
of Pt 7A
ad No 125, 2013
s. 69E.............................................ad. No. 37, 1994
am. No. 59, 1996; No. 115, 2001; No. 79, 2004; No 125, 2013
Subheads. to s. 69EA(1), (2) .........ad. No. 12, 2004
s. 69EA ..........................................ad. No. 37, 1994
am. No. 115, 2001; Nos. 12 and 79, 2004; No 125, 2013
s. 69EAA .......................................ad. No. 12, 2004
am. No. 79, 2004
Div 3 of Pt 7A................................rep No 125, 2013
hdg to Div 4 of Pt 7A.....................rep No 125, 2013
Pt 7AA
Pt 7AA...........................................ad No 125, 2013
Div 1
Sdiv A
s 69EAB.........................................ad No 125, 2013
s 69EAC.........................................ad No 125, 2013
s 69EAD ........................................ad No 125, 2013
s 69EAE.........................................ad No 125, 2013
s 69EAF.........................................ad No 125, 2013
s 69EAG ........................................ad No 125, 2013
Sdiv B
s 69EAH ........................................ad No 125, 2013
s 69EAJ..........................................ad No 125, 2013
Div 2
Sdiv A
s. 69EB ..........................................ad. No. 37, 1994
am. No. 115, 2001
rs No 125, 2013
Authorised Version C2016C01012 registered 28/10/2016
Endnotes
Endnote 4—Amendment history
Agricultural and Veterinary Chemicals (Administration) Act 1992 147
Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16
Provision affected How affected
s 69EBA.........................................ad No 125, 2013
s 69EBB.........................................ad No 125, 2013
s 69EBC.........................................ad No 125, 2013
s 69EBD.........................................ad No 125, 2013
s 69EBE.........................................ad No 125, 2013
Sdiv B
s 69EC ...........................................ad. No. 37, 1994
rs No 125, 2013
s 69ECA.........................................ad No 125, 2013
Div 3
s 69ED ...........................................ad. No. 37, 1994
rs No 125, 2013
s 69EDA ........................................ad No 125, 2013
s 69EDB.........................................ad No 125, 2013
s 69EDC.........................................ad No 125, 2013
s 69EDD ........................................ad No 125, 2013
s 69EDE.........................................ad No 125, 2013
Div 4
s 69EE............................................ad. No. 37, 1994
rs No 125, 2013
s 69EEA.........................................ad No 125, 2013
Div 5
s 69EF............................................ad. No. 37, 1994
rs No 125, 2013
s 69EFA.........................................ad No 125, 2013
Div 6
s 69EG ...........................................ad. No. 37, 1994
rs No 125, 2013
s 69EGA ........................................ad No 125, 2013
s 69EGB.........................................ad No 125, 2013
am No 62, 2014
Authorised Version C2016C01012 registered 28/10/2016
Endnotes
Endnote 4—Amendment history
148 Agricultural and Veterinary Chemicals (Administration) Act 1992
Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16
Provision affected How affected
s 69EGC.........................................ad No 125, 2013
s 69EGD ........................................ad No 125, 2013
Div 7
s 69EH ...........................................ad. No. 37, 1994
rs No 125, 2013
s 69EHA ........................................ad No 125, 2013
s 69EHB.........................................ad No 125, 2013
s 69EHC.........................................ad No 125, 2013
s 69EHD ........................................ad No 125, 2013
Div 8
s 69EI.............................................ad. No. 37, 1994
am. No. 79, 2004
rs No 125, 2013
Pt 7AB
hdg to Pt 7AB ................................ad No 125, 2013
Div 1
Div 1 of Pt 7AB .............................ad No 125, 2013
Sdiv A
Sdiv A of Div 1 of Pt 7AB.............ad No 125, 2013
ss. 69EJ..........................................ad. No. 37, 1994
rs No 125, 2013
s 69EJA..........................................ad No 125, 2013
s 69EJB..........................................ad No 125, 2013
s 69EJC..........................................ad No 125, 2013
s 69EJD..........................................ad No 125, 2013
s 69EJE ..........................................ad No 125, 2013
s 69EJF ..........................................ad No 125, 2013
s 69EJG..........................................ad No 125, 2013
Sdiv B
Sdiv B of Div 1 of Pt 7AB .............ad No 125, 2013
s 69EJH..........................................ad No 125, 2013
Authorised Version C2016C01012 registered 28/10/2016
Endnotes
Endnote 4—Amendment history
Agricultural and Veterinary Chemicals (Administration) Act 1992 149
Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16
Provision affected How affected
s 69EJI ...........................................ad No 125, 2013
s 69EJJ...........................................ad No 125, 2013
s 69EJK..........................................ad No 125, 2013
Sdiv C
Sdiv C of Div 1 of Pt 7AB .............ad No 125, 2013
s 69EJL ..........................................ad No 125, 2013
s 69EJM.........................................ad No 125, 2013
s 69EJN..........................................ad No 125, 2013
s 69EJO..........................................ad No 125, 2013
s 69EJP ..........................................ad No 125, 2013
s 69EJQ..........................................ad No 125, 2013
s 69EJR..........................................ad No 125, 2013
s 69EJS ..........................................ad No 125, 2013
Div 2
Div 2 of Pt 7AB .............................ad No 125, 2013
ss. 69EK.........................................ad No 37, 1994
rs No 125, 2013
s 69EKA ........................................ad No 125, 2013
s 69EKB.........................................ad No 125, 2013
s 69EKC.........................................ad No 125, 2013
s 69EKD ........................................ad No 125, 2013
s 69EKE.........................................ad No 125, 2013
Div 3
Div 3 of Pt 7AB .............................ad No 125, 2013
ss. 69EL.........................................ad. No. 37, 1994
rs No 125, 2013
s 69ELA.........................................ad No 125, 2013
Div 4
Div 4 of Pt 7AB .............................ad No 125, 2013
ss. 69EM........................................ad. No. 37, 1994
rs No 125, 2013
Authorised Version C2016C01012 registered 28/10/2016
Endnotes
Endnote 4—Amendment history
150 Agricultural and Veterinary Chemicals (Administration) Act 1992
Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16
Provision affected How affected
s 69EMA........................................ad No 125, 2013
s 69EMB........................................ad No 125, 2013
s 69EMC........................................ad No 125, 2013
Div 5
Div 5 of Pt 7AB .............................ad No 125, 2013
s. 69EN ..........................................ad. No. 37, 1994
am. No. 115, 2001
rs No 125, 2013
s 69ENA ........................................ad No 125, 2013
s 69ENB.........................................ad No 125, 2013
Div 6
Div 6 of Pt 7AB .............................ad No 125, 2013
s. 69EO ..........................................ad. No. 37, 1994
rs. No. 13, 2003
am. No. 79, 2004
rs No 125, 2013
Div 7
hdg to Div 7 of Pt 7AB ..................ad No 125, 2013
s. 69EP...........................................ad. No. 37, 1994
am. No. 115, 2001; No. 79, 2004; No. 90, 2007; No 125, 2013
s. 69EQ ..........................................ad. No. 37, 1994
am No 125, 2013
s. 69ER ..........................................ad. No. 37, 1994
rs No 125, 2013
s. 69ES...........................................ad. No. 37, 1994
am. No. 13, 2003; No. 79, 2004; No 61, 2016
s. 69ET...........................................ad. No. 37, 1994
am. No. 79, 2004; No 125, 2013
s. 69EU ..........................................ad. No. 37, 1994
am No 125, 2013; No 5, 2015
Part 7B
Authorised Version C2016C01012 registered 28/10/2016
Endnotes
Endnote 4—Amendment history
Agricultural and Veterinary Chemicals (Administration) Act 1992 151
Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16
Provision affected How affected
Part 7B...........................................ad. No. 4, 1999
ss. 69EV–69EW.............................ad. No. 4, 1999
s. 69EX ..........................................ad. No. 4, 1999
am. Nos. 79 and 120, 2004
Heading to s. 69EY........................am. No. 79, 2004
ss. 69EY, 69EZ..............................ad. No. 4, 1999
am. No. 79, 2004
Heading to s. 69EZA .....................am. No. 79, 2004
s. 69EZA........................................ad. No. 4, 1999
am. No. 79, 2004
Heading to s. 69EZB......................am. No. 79, 2004
s. 69EZB........................................ad. No. 4, 1999
am. No. 79, 2004; No 125, 2013
Part 8
s. 69F .............................................ad. No. 37, 1994
am. No. 146, 1999; No. 137, 2000; No. 115, 2001; No. 79, 2004; No
125, 2013
s. 69G.............................................ad. No. 37, 1994
am. No. 79, 2004
s. 69H.............................................ad. No. 37, 1994
am. No. 13, 2003; No. 79, 2004; No. 103, 2010; No 125, 2013
s 69HA...........................................ad No 125, 2013
Heading to s. 69J............................am. No. 79, 2004
s. 69J..............................................ad. No. 37, 1994
am. No. 79, 2004
Heading to s. 70 .............................am. No. 79, 2004
s. 70 ...............................................am. No. 13, 2003; No. 79, 2004; No. 90, 2007; No 125, 2013
s. 71 ...............................................am. No. 37, 1994
s. 72 ...............................................rep No. 8, 2005
ad No 125, 2013
Part 9
Authorised Version C2016C01012 registered 28/10/2016
Endnotes
Endnote 4—Amendment history
152 Agricultural and Veterinary Chemicals (Administration) Act 1992
Compilation No. 34 Compilation date: 21/10/16 Registered: 28/10/16
Provision affected How affected
s. 74 ...............................................am No. 94, 1993; No 79, 2004
Heading to s. 75 .............................am No. 79, 2004
s. 75 ...............................................am No 79, 2004
s. 76 ...............................................am No. 37, 1994; No 79, 2004
s 77 ................................................rep No 125, 2013
ss. 78–80........................................am No 79, 2004
s. 81 ...............................................rep No 152, 1997
Authorised Version C2016C01012 registered 28/10/2016