Commonwealth Consolidated Acts Commonwealth Consolidated ActsPart 1 -- Miscellaneous amendments
Agricultural and Veterinary Chemical Products (Collection of Levy) Act 1994
1 Subsection 3(1) (definition of prescribed date for payment )
Repeal the definition, substitute:
"prescribed date for payment" , in relation to any levy that is payable, means:
(a) if levy is payable because of an assessment that has been made--the date stated in the notice of assessment to be the date by which the levy is to be paid; or
(b) in any other case--the next 31 December following the end of the relevant financial year.
Note: As the levy is paid in arrears, levy might be payable in respect of a chemical product whose registration has ceased.
2 Subsection 3(1) (definition of rate of levy )
Repeal the definition, substitute:
"rate of levy" has the meaning given by section 12C.
3 Subsection 3(1) (definition of registered )
Repeal the definition, substitute:
"registered" , in relation to a jurisdiction, means registered under a registration law of the jurisdiction.
4 Subsection 3(1) ( paragraph ( a) of the definition of registration law )
Omit "or 2A".
5 Subsection 3(1) (definition of relevant calendar year )
Repeal the definition.
6 Division 1 of Part 2
Repeal the Division.
7 Subsection 12C(1)
Omit "(1)".
8 Subsections 12C(2) and (3)
Repeal the subsections.
9 Subsection 20(1)
Omit "(other than section 9)".
10 Section 36 (heading)
Repeal the heading, substitute:
11 Subsection 36(1)
Omit "or the renewal of registration,", substitute "renewal of registration or re - registration".
12 Subsection 39(2)
Omit "11, 12 or".
Agricultural and Veterinary Chemicals Act 1994
13 Subsection 7(4)
Repeal the subsection.
14 After section 8
Insert:
8A Application of legislative instruments in the participating Territories
Legislative instruments in force for the time being under the Agricultural and Veterinary Chemicals Code Act 1994 apply as legislative instruments in force for the purposes of the Agvet Code of the participating Territories.
15 Subsection 23(1)
Omit "may determine", substitute "may, by legislative instrument, determine".
16 Subsection 23(1)
Omit "written".
17 Subsection 23(3)
Repeal the subsection, substitute:
(3) Despite subsection 44(1) of the Legislative Instruments Act 2003 , section 42 (disallowance) of that Act applies to a legislative instrument made under subsection ( 1) of this section.
Agricultural and Veterinary Chemicals (Administration) Act 1992
18 Paragraph 7(1A)(b)
Omit "registered listed chemical products,".
19 Subsection 8(1)
Omit "persons, bodies or Governments", substitute "persons or bodies".
20 After paragraph 8(1)(b)
Insert:
(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
21 Subsection 8(1A)
Omit "person, body or Government", substitute "person or body".
22 Subsection 8A(2)
Omit "or listed registration" (wherever occurring).
23 Paragraph 55(2)(a)
Omit "goals", substitute "objectives".
24 At the end of subsection 55(2)
Add:
; and (c) include such other information (if any) as is prescribed by the regulations.
25 Paragraph 61(2)(c)
Repeal the paragraph, substitute:
(c) an evaluation of its overall performance during that year against:
(i) the performance indicators set out in the corporate plan applicable to the period and the annual operational plan; and
(ii) the performance indicators (if any) prescribed by the regulations for the purposes of this subparagraph;
26 Subparagraph 69B(1)(a)(ii)
Omit "a registered listed chemical product,".
27 Section 69EZB
Omit "subsection 58(1)", insert "subsection 6C(1)".
28 Paragraph 69H(1)(b)
Omit ", a registered listed chemical product".
29 Paragraph 69H(1)(e)
Omit "listed registration," (wherever occurring).
30 Paragraph 69H(2)(ba)
Repeal the paragraph.
31 Subsection 69H(2)
Omit "granted listed registration to the product,".
32 Subparagraph 70(1)(b)(iii)
Omit ", a registered listed chemical product".
33 After section 71
Insert:
72 R eview 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 ;
(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.
34 Section 77
Repeal the section.
Agricultural and Veterinary Chemicals Code Act 1994
34A Paragraph 6(2)(a)
Omit all the words after "approval of standards", substitute:
for:
(i) constituents for chemical products; and
(ii) chemical products; and
(iii) labels for containers for chemical products; or
35 Subsection 7(1)
Omit "signed writing", substitute "legislative instrument".
36 Subsections 7(3) to (5)
Repeal the subsections, substitute:
(3) Despite subsection 44(1) of the Legislative Instruments Act 2003 , section 42 of that Act applies to a legislative instrument made under subsection ( 1) of this section.
37 Paragraph 7(6)(b)
Repeal the paragraph, substitute:
(b) the fact that section 42 of the Legislative Instruments Act 2003 would apply in relation to the order because of subsection ( 3) of this section.
38 Section 9
Repeal the section.
39 Schedule (table of contents)
Repeal the table of contents.
40 Schedule (list of terms defined by section 3)
Repeal the list.
41 Subsection 3(1) of the Code set out in the Schedule
Omit "(1)".
42 Subsection 3(1) of the Code set out in the Schedule (definition of material safety data sheet )
Repeal the definition.
43 Subsection 3(2) of the Code set out in the Schedule
Repeal the subsection.
44 After section 163 of the Code set out in the Schedule
Insert:
163A Legislative instruments to be disallowable
(1) Despite subsection 44(1) of the Legislative Instruments Act 2003 but subject to subsection ( 2) of this section, section 42 of that Act applies to a legislative instrument made under this Code.
(2) However, subsection ( 1) does not apply to a legislative instrument made under section 5B or 8B of this Code.
163B Certain provisions to have effect as part of this Code
If a law amends this Code, any provision of that law , or of any other instrument made under that law , has effect, to the extent that it deals with matters of a transitional, application or savings nature relating to the amendment, as if it were part of this Code.
45 Section s 173 , 175, 177 , 179 and 182 of the Code set out in the Schedule
Repeal the sections.
Part 2 -- Transitional, application and savings provisions
46 Definitions
In this Part:
agvet law means:
(a) the Agvet Code of this, or another, jurisdiction; or
(b) the Agricultural and Veterinary Chemical Products (Collection of Levy) Act 1994 ; or
(c) the Agricultural and Veterinary Chemicals (Administration) Act 1992 .
commencement time means the time when item 1 of Schedule 1 to this Act commences.
new Code means the following as in force on and after the commencement of this Schedule:
(a) the Code set out in the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994 ;
(b) the regulations made under the Code;
(c) any instruments made under the Code or the regulations .
old Code means the following as in force immediately before the commencement of this Schedule:
(a) the Code set out in the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994 ;
(b) the regulations made under the Code;
(c) any instruments made under the Code or the regulations .
47 Applications made and reconsiderations commenced
(1) For the first 12 months after the commencement time, the old Code continues to apply for the purposes of:
(a) determining an application lodged with the APVMA before the commencement time ; and
(b) completing a reconsideration begun under Division 4 of Part 2 before the commencement time .
(2) Paragraph ( 1)(a) does not apply in relation to an application made under section 10 or 27 of the old Code if notice under section 11A of that Code in relation to the application has not been given to an approved person before the commencement time .
(3) For the purposes of paragraph ( 1)(b), a reconsideration begins when the period within which a submission in relation to the reconsideration must be given to the APVMA under paragraph 32(1)(b) or 32(2)(c) of the old Code ends.
48 Saving of regulations and other instruments
(1) If:
(a) regulations (the existing regulations ) were made under a provision of the old Code; and
(b) a provision (the corresponding provision ) of the new Code provides for regulations to be made for the same, or substantially the same , purpose;
the existing regulations have effect, to the extent that they could have been made under the corresponding provision, as if they were so made.
(2) If:
(a) an instrument other than a regulation (the existing instrument ) was made under a provision of the old Code; and
(b) a provision (the corresponding provision ) of the new Code provides for an instrument to be made for the same, or substantially the same , purpose;
the existing instrument has effect, to the extent that it could have been made under the corresponding provision, as if it were so made.
49 Saving of approvals, registrations, permits and licences
(1) Despite the amendments made by this Act, an approval, registration, permit or licence that was in force under the old Code immediately before the commencement time continues in force on and after that time as if it had been given, made or issued under the new Code.
(2) This item does not prevent:
(a) the suspension or cancellation of an approval, registration, permit or licence; or
(b) the variation of the relevant particulars or conditions of an approval or registration; or
(c) the variation of the conditions of a licence or permit.
50 Existing conditions continue to apply
To avoid doubt, the amendments made by this Act do not remove or invalidate a condition of an approval, registration, permit or licence that was imposed by the APVMA under the old Code.
52 Saving p rotection for information given under Division 4A of Part 2 of the old Code
(1) Despite the amendments made by this Act , Division 4A of Part 2 of the old Code continues to apply, after the commencement time, in relation to the following information given as mentioned in section 34C of the old Code:
(a) information given, whether before or after the commencement time, in connection with an application lodged before the commencement time;
(b) any other information given before the commencement time .
(2) Paragraph ( 1)(a) does not apply in relation to an application made under section 10 or 27 of the old Code if notice under section 11A of that Code in relation to the application has not been given to an approved person before the commencement time.
(3 ) For the purposes of its operation after the commencement time, Division 4A of Part 2 of the old Code appl ies with such modifications as are necessary to provide for its operation to be equivalent to its operation immediately before the commencement time.
53 Saving protection for information given under Part 3 of the old Code
(1) Despite the amendments made by this Act , Part 3 of the old Code continues to apply after the commencement time in relation to information given before the commencement time as mentioned in subsection 59(1) of the old Code.
(2) For the purposes of its operation after the commencement time, Part 3 of the old Code applies with such modifications as are necessary to provide for its operation to be equivalent to its operation immediately before the commencement time.
54 Cancellation of permits and licences for convictions etc.
Paragraph s 119(4)(b) and 127(1)(a) of the new Code apply only in relation to a permit or licence that is issued on or after the commencement time.
55 Time for bringing proceedings
Section 147 of the new Code applies only in relation to acts or omissions that occur on or after the commencement time.
56 Recovery of costs
Section 149A of the new Code applies only in relation to acts or omissions that occur on or after the commencement time.
57 R egulat ions for this Part
The Governor - General may make regulations prescribing matters:
(a) required or permitted by this Part to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Part.
58 Regulations may deal with transitional, application and savings matters
( 1 ) The regulations may deal with matters of a transitional, application or savings nature relating to the amendments made by this Act.
( 2 ) Regulations made for the purposes of subitem ( 1 ) have effect despite anything else in this Part .
( 3 ) Despite subsection 12(2) of the Legislative Instruments Act 2003 but subject to subitem ( 4 ), regulations made for the purposes of subitem ( 1 ) may be expressed to take effect from a date before the regulations are registered under that Act.
( 4 ) If:
(a) regulations are expressed to take effect from a date (the registration date ) before the regulations are registered under the Legislative Instruments Act 2003 ; and
(b) a person engaged in conduct before the registration date; and
(c) but for the retrospective effect of the regulations, the conduct would not have contravened a provision of the agvet law;
then a court must not convict the person of an offence, or order the person to pay a pecuniary penalty, in relation to the conduct on the grounds that it contravened that provision.
59 Regulations may end reconsiderations
(1) The regulation s may provide for one or more reconsiderations begun under Division 4 of Part 2 of the old Code to end 12 months after the commencement time if they have not already done so.
(2) A regulation under subitem ( 1) must not be made after that period of 12 months.
(3) If a reconsideration ends by force of a regulation made under subitem ( 1), the decision on the reconsideration is taken to be a decision to affirm the approval or registration concerned.