Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) In this Act, unless the contrary intention appears:
"active constituent" has the same meaning as in the Agricultural and Veterinary Chemicals Code set out in the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994 .
"Agency" has the same meaning as Commonwealth entity in the Public Governance, Performance and Accountability Act 2013 .
"agricultural chemical product" has the same meaning as in the Agricultural and Veterinary Chemicals Code set out in the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994 .
"APVMA" means the Australian Pesticides and Veterinary Medicines Authority continued in existence by section 6 of the Agricultural and Veterinary Chemicals (Administration) Act 1992 .
"assessment" means an assessment under section 16.
"Australia" includes any external Territories that are participating Territories.
"Australian product" means a chemical product that has been manufactured in Australia, but does not include an imported product.
"chemical product" means an agricultural chemical product or a veterinary chemical product but does not include such a product that, under the regulations, is exempt from levy.
"civil penalty order" has the same meaning as in the Agricultural and Veterinary Chemicals (Administration) Act 1992 .
"civil penalty provision" means a provision declared by this Act to be a civil penalty provision.
"collecting agency" means:
(a) if an Agency is specified by instrument under section 3A to be the collecting agency--the Agency; or
(b) if paragraph (a) does not apply--the APVMA.
"give information" includes make a statement.
"imported product" means a chemical product that has been imported into Australia (whether or not the product was manufactured in Australia).
"inspector" means:
(a) a person appointed as an inspector for the purposes of this Act under subsection 69F(1) of the Agricultural and Veterinary Chemicals (Administration) Act 1992 ; or
(b) an officer of the Public Service of a State or Territory to whom an arrangement referred to in subsection 69F(2) of that Act applies for the purposes of this Act.
"interested person" , in relation to a registered chemical product, means:
(a) subject to paragraphs (b), (c) and (d), the person (the original applicant ) who applied for the registration or, in the case of a chemical product whose registration has been renewed, applied for the renewal, or the last renewal, as the case may be, of the registration; or
(b) subject to paragraphs (c) and (d), if the original applicant has entered into a contract with another person in relation to the product under which, or as a result of which, the other person will or may apply to the APVMA to have the other person's name entered in the relevant particulars in relation to the product, or to have a label approved in relation to containers for the product, and the other person's name is entered in those relevant particulars, or such a label is approved, on the application of the other person--the other person; or
(c) if the person who, apart from this paragraph, would be the interested person because of paragraph (a) or (b), was an individual who has died or is an individual whose affairs are being lawfully administered by another person--the legal personal representative of the individual or the person administering his or her affairs, as the case may be; or
(d) if the person who, apart from this paragraph, would be the interested person because of paragraph (a) or (b), was a body corporate--a successor in law of that body corporate.
"jurisdiction" means:
(a) a State; or
(b) the participating Territories.
"late payment penalty" means late payment penalty payable under section 14.
"leviable disposal" , in relation to a chemical product, means:
(a) if the product is an Australian product:
(i) if the product is disposed of in Australia by the manufacturer--that disposal of the product; or
(ii) if the product is applied by the manufacturer to the manufacturer's own use--that application of the product; or
(b) if the product is an imported product:
(i) if the product is disposed of in Australia by the importer--that disposal of the product; or
(ii) if the product is applied by the importer to the importer's own use--that application of the product.
"leviable value" , in relation to a leviable disposal of a chemical product, means:
(a) if the leviable disposal was a sale by wholesale of the product by the manufacturer or importer and the parties to the sale were dealing at arm's length--the amount received by the manufacturer or importer in respect of the sale; or
(b) otherwise--the notional wholesale value of the product at the time of the disposal.
"levy" means levy, imposed by any Act, that is payable under this Act.
"manufacture" includes formulate.
"notional wholesale value" , in relation to a chemical product at a particular time, means the amount that the collecting agency determines would have been received:
(a) if the product is an Australian product--by the manufacturer; or
(b) if the product is an imported product--by the importer;
in respect of the product if, at that time, the product had been sold by the manufacturer or importer, as the case may be, by wholesale to a person with whom the manufacturer or importer was dealing at arm's length.
"participating Territory" has the same meaning as in the Agricultural and Veterinary Chemicals Act 1994 .
"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.
"rate of levy" has the meaning given by section 12C.
"registered" , in relation to a jurisdiction, means registered under a registration law of the jurisdiction.
"registration law" , in relation to a jurisdiction, means:
(a) if there is an Agvet Code of the jurisdiction that is in force--Part 2 of that Code, including (to avoid doubt) Part 2 of that Code as it has effect because of the operation of Part 11 of that Code; or
(b) otherwise--a prescribed law of the jurisdiction;
and also has an extended meaning as mentioned in subsections (2) and (2A).
"relevant financial year" means the financial year in which the leviable disposals in respect of which the levy is payable took place.
"relevant particulars" , in relation to a registered chemical product, has the same meaning as in the Agricultural and Veterinary Chemicals Code set out in the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994 .
"State" includes the Northern Territory.
"thing" includes a document.
"total leviable value" , in relation to a chemical product for a particular period, means the sum of the leviable values in respect of the leviable disposals of the product that took place anywhere in Australia during that period.
"understatement penalty" means understatement penalty payable under section 14A .
"veterinary chemical product" has the same meaning as in the Agricultural and Veterinary Chemicals Code set out in the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994 .
(2) If, at any time or during any period, a permit is in force in respect of a chemical product under Part 7 of the Agvet Code of a State or of the participating Territories (including, to avoid doubt, a permit that is taken to be in force under Part 7 of such a Code because of the operation of Part 11 of the Code), this Act has effect as if:
(a) the product were registered under Part 2 of the Code at that time or during that period; and
(b) a reference to the person who applied for the registration of the product were a reference to the person who applied for the permit.
(2A) If, at any time or during any period, a permit is in force in respect of a chemical product under a prescribed law referred to in paragraph (b) of the definition of registration law in subsection (1), this Act has effect as if:
(a) the product were registered under that law at that time or during that period; and
(b) a reference to the person who applied for the registration of the product were a reference to the person who applied for the permit.
(2B) If:
(a) a chemical product was registered at a particular time or during a particular period under a law that is prescribed for the purposes of paragraph (b) of the definition of registration law in subsection (1); and
(b) the product is declared by the regulations to have been, or to be, an excluded chemical product for the purposes of this Act from a time referred to in the regulations that is earlier than that particular time or earlier than the commencement of that particular period;
the product is taken, for the purposes of this Act, not to have been registered under that law at that time or during that period, as the case may be.
(3) If a change occurs in the legal or equitable ownership of a chemical product, the product is taken to be disposed of at the time of the change by the person who was the legal owner of the product immediately before the change.
(4) If a chemical product is applied by a person to the person's own use, the product is taken to be disposed of by the person when it is so applied.