Commonwealth Consolidated Acts

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

  (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:

  (a)   is a Board member 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.