Commonwealth Consolidated Acts Commonwealth Consolidated ActsIn this Act, unless the contrary intention appears:
"appointed Board member" means a Board member other than the Chief Executive Officer.
"APVMA" means the Australian Pesticides and Veterinary Medicines Authority continued in existence by section 6.
"Board" means the Board of the APVMA established by section 14.
"Board member" means a member of the Board.
"Chair" means the Chair of the Board.
"chemical product" has the same meaning as in the Agvet Code of the participating Territories.
"Chief Executive Officer" means the Chief Executive Officer appointed in accordance with section 33.
"civil penalty order" has the meaning given by subsection 69EJ(4).
"civil penalty provision" means a provision declared by this Act or the Collection Act to be a civil penalty provision.
"Collection Act" means the Agricultural and Veterinary Chemical Products (Collection of Levy) Act 1994 .
"committee" means a committee established under section 28.
"confidential commercial information" has the same meaning as in the Code set out in the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994 .
"copy" , in relation to a warrant issued under section 69EH or 69EHA (or a form of warrant completed under subsection 69EHB(6)), includes:
(a) 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 .
"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.
"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 .
"paid work" means work for financial gain or reward (whether as an employee, a self - employed person or otherwise).
"participating Territory" has the same meaning as in the Agricultural and Veterinary Chemicals Act 1994 .
"person assisting" an inspector:
(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.
"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.