Commonwealth Consolidated Acts

AGRICULTURAL AND VETERINARY CHEMICALS (ADMINISTRATION) ACT 1992 - SECT 69C

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 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 .