{"id":"qld:act-1994-078","name":"Agricultural and Veterinary Chemicals (Queensland) Act 1994","slug":"agricultural-and-veterinary-chemicals-queensland-act-1994","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"78 of 1994","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104742,"registerId":"qld-act-1994-078-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Agricultural and Veterinary Chemicals (Queensland) Act 1994 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act commences on a day to be fixed by proclamation.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Definitions","content":"### sec.3 Definitions\n\nThe dictionary in the schedule defines particular words used in this Act.\ns 3 amd 2001 No. 97 s 3 sch","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":"Jervis Bay Territory","content":"### sec.4 Jervis Bay Territory\n\nFor the purposes of this Act, and Agvet Code and Agvet Regulations of this jurisdiction, the Jervis Bay Territory is taken to be part of the Australian Capital Territory.","sortOrder":4},{"sectionNumber":"pt.2","sectionType":"part","heading":"The Agvet Code, and Agvet Regulations, of this jurisdiction","content":"# The Agvet Code, and Agvet Regulations, of this jurisdiction","sortOrder":5},{"sectionNumber":"sec.5","sectionType":"section","heading":"Application of Agvet Code in this jurisdiction","content":"### sec.5 Application of Agvet Code in this jurisdiction\n\nThe Code set out in the schedule to the Agricultural and Veterinary Chemicals Code Act —\napplies as a law of Queensland; and\nmay be cited as the Agvet Code of Queensland.\n- (a) applies as a law of Queensland; and\n- (b) may be cited as the Agvet Code of Queensland.","sortOrder":6},{"sectionNumber":"sec.6","sectionType":"section","heading":"Application of Agvet Regulations in this jurisdiction","content":"### sec.6 Application of Agvet Regulations in this jurisdiction\n\nThe regulations in force under the Agricultural and Veterinary Chemicals Code Act , section 6 —\napply as regulations in force for the purposes of the Agvet Code of Queensland; and\nmay be cited as the Agvet Regulations of Queensland.\n- (a) apply as regulations in force for the purposes of the Agvet Code of Queensland; and\n- (b) may be cited as the Agvet Regulations of Queensland.","sortOrder":7},{"sectionNumber":"sec.6A","sectionType":"section","heading":"Application of legislative instruments made under Agricultural and Veterinary Chemicals Code Act","content":"### sec.6A Application of legislative instruments made under Agricultural and Veterinary Chemicals Code Act\n\nA legislative instrument in force under the Agricultural and Veterinary Chemicals Code Act applies as a legislative instrument for the purposes of the Agvet Code of Queensland and the Agvet Regulations of Queensland.\nIn this section—\nlegislative instrument means a legislative instrument under the Acts Interpretation Act 1901 (Cwlth) , section 15AE .\ns 6A ins 2015 No. 15 s 4\n(sec.6A-ssec.1) A legislative instrument in force under the Agricultural and Veterinary Chemicals Code Act applies as a legislative instrument for the purposes of the Agvet Code of Queensland and the Agvet Regulations of Queensland.\n(sec.6A-ssec.2) In this section— legislative instrument means a legislative instrument under the Acts Interpretation Act 1901 (Cwlth) , section 15AE .","sortOrder":8},{"sectionNumber":"sec.7","sectionType":"section","heading":"Interpretation of Agvet Code and Agvet Regulations of this jurisdiction","content":"### sec.7 Interpretation of Agvet Code and Agvet Regulations of this jurisdiction\n\nIn the Agvet Code, and Agvet Regulations, of this jurisdiction—\nCommonwealth Interpretation Act means the Acts Interpretation Act 1901 (Cwlth) .\nthe Minister for this jurisdiction means the Minister.\nthis jurisdiction means Queensland.\nSubject to part 1 of the Agvet Code of this jurisdiction, the Commonwealth Interpretation Act applies as a law of this jurisdiction to—\nthe Agvet Code, and Agvet Regulations, of this jurisdiction; and\nany instrument made, granted or issued under the Code or Regulations.\nFor the purposes of subsection (2) , the Commonwealth Interpretation Act applies as if—\nthe Agvet Code of this jurisdiction were a Commonwealth Act; and\nthe Agvet Regulations of this jurisdiction or instruments mentioned in the subsection were regulations or instruments made under a Commonwealth Act.\nThe Acts Interpretation Act 1954 does not apply to—\nthe Agvet Code, or Agvet Regulations, of Queensland; or\nany instrument made, granted or issued under the Code or Regulations.\n(sec.7-ssec.1) In the Agvet Code, and Agvet Regulations, of this jurisdiction— Commonwealth Interpretation Act means the Acts Interpretation Act 1901 (Cwlth) . the Minister for this jurisdiction means the Minister. this jurisdiction means Queensland.\n(sec.7-ssec.2) Subject to part 1 of the Agvet Code of this jurisdiction, the Commonwealth Interpretation Act applies as a law of this jurisdiction to— the Agvet Code, and Agvet Regulations, of this jurisdiction; and any instrument made, granted or issued under the Code or Regulations.\n(sec.7-ssec.3) For the purposes of subsection (2) , the Commonwealth Interpretation Act applies as if— the Agvet Code of this jurisdiction were a Commonwealth Act; and the Agvet Regulations of this jurisdiction or instruments mentioned in the subsection were regulations or instruments made under a Commonwealth Act.\n(sec.7-ssec.4) The Acts Interpretation Act 1954 does not apply to— the Agvet Code, or Agvet Regulations, of Queensland; or any instrument made, granted or issued under the Code or Regulations.\n- (a) the Agvet Code, and Agvet Regulations, of this jurisdiction; and\n- (b) any instrument made, granted or issued under the Code or Regulations.\n- (a) the Agvet Code of this jurisdiction were a Commonwealth Act; and\n- (b) the Agvet Regulations of this jurisdiction or instruments mentioned in the subsection were regulations or instruments made under a Commonwealth Act.\n- (a) the Agvet Code, or Agvet Regulations, of Queensland; or\n- (b) any instrument made, granted or issued under the Code or Regulations.","sortOrder":9},{"sectionNumber":"sec.8","sectionType":"section","heading":"Ancillary offences (aiding, abetting, accessories, attempts, incitement or conspiracy)","content":"### sec.8 Ancillary offences (aiding, abetting, accessories, attempts, incitement or conspiracy)\n\nIn this section—\nCommonwealth ancillary criminal laws means—\nthe Crimes Act 1914 (Cwlth) , section 5 , 6 , 7 or 7A; or\nthe Crimes Act 1914 (Cwlth) , section 86 (1) .\nThe Commonwealth ancillary criminal laws apply as laws of this jurisdiction to an offence against the Agvet Code, or Agvet Regulations, of this jurisdiction—\nas if a reference in the laws to a law of the Commonwealth were a reference to the Code or Regulations; and\nto the exclusion of laws of this jurisdiction to the same or a similar effect.\nIn the Agvet Code, or Agvet Regulations, of this jurisdiction, a reference to an offence against the Code or Regulations includes a reference to a related offence against the Commonwealth ancillary criminal laws.\ns 8 amd 2001 No. 27 s 4\n(sec.8-ssec.1) In this section— Commonwealth ancillary criminal laws means— the Crimes Act 1914 (Cwlth) , section 5 , 6 , 7 or 7A; or the Crimes Act 1914 (Cwlth) , section 86 (1) .\n(sec.8-ssec.2) The Commonwealth ancillary criminal laws apply as laws of this jurisdiction to an offence against the Agvet Code, or Agvet Regulations, of this jurisdiction— as if a reference in the laws to a law of the Commonwealth were a reference to the Code or Regulations; and to the exclusion of laws of this jurisdiction to the same or a similar effect.\n(sec.8-ssec.3) In the Agvet Code, or Agvet Regulations, of this jurisdiction, a reference to an offence against the Code or Regulations includes a reference to a related offence against the Commonwealth ancillary criminal laws.\n- (a) the Crimes Act 1914 (Cwlth) , section 5 , 6 , 7 or 7A; or\n- (b) the Crimes Act 1914 (Cwlth) , section 86 (1) .\n- (a) as if a reference in the laws to a law of the Commonwealth were a reference to the Code or Regulations; and\n- (b) to the exclusion of laws of this jurisdiction to the same or a similar effect.","sortOrder":10},{"sectionNumber":"pt.3","sectionType":"part","heading":"Citing the Agvet Codes, and Agvet Regulations, of other jurisdictions","content":"# Citing the Agvet Codes, and Agvet Regulations, of other jurisdictions","sortOrder":11},{"sectionNumber":"sec.9","sectionType":"section","heading":"References to Agvet Codes and Agvet Regulations of other jurisdictions","content":"### sec.9 References to Agvet Codes and Agvet Regulations of other jurisdictions\n\nThis section has effect for the purposes of an Act, a law of this jurisdiction or an instrument made under an Act or law of this jurisdiction.\nIf a law of a jurisdiction other than this jurisdiction provides that the Code set out in the schedule to the Agricultural and Veterinary Chemicals Code Act as in force for the time being applies as a law of the jurisdiction, the Agvet Code of the jurisdiction is the Agvet Code so set out, applying as a law of the jurisdiction.\nIf a law of a jurisdiction other than this jurisdiction provides that the regulations in force for the time being under the Agricultural and Veterinary Chemicals Code Act , section 6 apply as regulations in force for the purposes of the Agvet Code of the jurisdiction, the Agvet Regulations of the jurisdiction are the regulations so applying.\n(sec.9-ssec.1) This section has effect for the purposes of an Act, a law of this jurisdiction or an instrument made under an Act or law of this jurisdiction.\n(sec.9-ssec.2) If a law of a jurisdiction other than this jurisdiction provides that the Code set out in the schedule to the Agricultural and Veterinary Chemicals Code Act as in force for the time being applies as a law of the jurisdiction, the Agvet Code of the jurisdiction is the Agvet Code so set out, applying as a law of the jurisdiction.\n(sec.9-ssec.3) If a law of a jurisdiction other than this jurisdiction provides that the regulations in force for the time being under the Agricultural and Veterinary Chemicals Code Act , section 6 apply as regulations in force for the purposes of the Agvet Code of the jurisdiction, the Agvet Regulations of the jurisdiction are the regulations so applying.","sortOrder":12},{"sectionNumber":"sec.10","sectionType":"section","heading":"References to Agvet Codes and Agvet Regulations","content":"### sec.10 References to Agvet Codes and Agvet Regulations\n\nThe object of this section is to help ensure the Agvet Code of this jurisdiction can operate, in appropriate circumstances, as if the Code, together with the Agvet Code of each other jurisdiction, made up a single national Agvet Code applying throughout Australia.\nA reference in an instrument to the Agvet Codes, or Agvet Regulations, is taken, for the purposes of the laws of this jurisdiction—\nto be a reference to the Agvet Code, or Agvet Regulations, of this jurisdiction; and\nto include a separate reference to the Agvet Code, or Agvet Regulations, of each other jurisdiction.\nSubsection (2) has effect except so far as the contrary intention appears in the instrument or the context of the reference otherwise requires.\n(sec.10-ssec.1) The object of this section is to help ensure the Agvet Code of this jurisdiction can operate, in appropriate circumstances, as if the Code, together with the Agvet Code of each other jurisdiction, made up a single national Agvet Code applying throughout Australia.\n(sec.10-ssec.2) A reference in an instrument to the Agvet Codes, or Agvet Regulations, is taken, for the purposes of the laws of this jurisdiction— to be a reference to the Agvet Code, or Agvet Regulations, of this jurisdiction; and to include a separate reference to the Agvet Code, or Agvet Regulations, of each other jurisdiction.\n(sec.10-ssec.3) Subsection (2) has effect except so far as the contrary intention appears in the instrument or the context of the reference otherwise requires.\n- (a) to be a reference to the Agvet Code, or Agvet Regulations, of this jurisdiction; and\n- (b) to include a separate reference to the Agvet Code, or Agvet Regulations, of each other jurisdiction.","sortOrder":13},{"sectionNumber":"pt.4","sectionType":"part","heading":"Application of Agvet Codes to the Commonwealth, States and Territories","content":"# Application of Agvet Codes to the Commonwealth, States and Territories","sortOrder":14},{"sectionNumber":"sec.11","sectionType":"section","heading":"Agvet Code of this jurisdiction","content":"### sec.11 Agvet Code of this jurisdiction\n\nThe Agvet Code of this jurisdiction binds the State and, so far as the legislative power of the Parliament permits, the Commonwealth, the other States and the Territories.","sortOrder":15},{"sectionNumber":"sec.12","sectionType":"section","heading":"Agvet Code of other jurisdictions","content":"### sec.12 Agvet Code of other jurisdictions\n\nThe Agvet Code of each jurisdiction other than this jurisdiction binds the State.","sortOrder":16},{"sectionNumber":"sec.13","sectionType":"section","heading":"No liability to prosecution","content":"### sec.13 No liability to prosecution\n\nNothing in this part, or the Agvet Code of this jurisdiction, makes the Commonwealth or a State or Territory liable to be prosecuted for an offence.","sortOrder":17},{"sectionNumber":"sec.14","sectionType":"section","heading":"Overriding the prerogative","content":"### sec.14 Overriding the prerogative\n\nIf, because of this part, a provision of the law of another jurisdiction binds the State, the State is subject to the provision despite any prerogative right or privilege.","sortOrder":18},{"sectionNumber":"pt.5","sectionType":"part","heading":"Application of Commonwealth administrative laws to Agvet Code and Agvet Regulations of this jurisdiction","content":"# Application of Commonwealth administrative laws to Agvet Code and Agvet Regulations of this jurisdiction","sortOrder":19},{"sectionNumber":"sec.15","sectionType":"section","heading":"Object of pt 5","content":"### sec.15 Object of pt 5\n\nThe object of this part is to help ensure the Agvet Code of this jurisdiction and the Agvet Code of each other jurisdiction are administered on a uniform basis.\ns 15 sub 2001 No. 97 s 5","sortOrder":20},{"sectionNumber":"sec.16","sectionType":"section","heading":"Application of Commonwealth administrative laws in relation to applicable provisions","content":"### sec.16 Application of Commonwealth administrative laws in relation to applicable provisions\n\nThe Commonwealth administrative laws apply as laws of this jurisdiction to any matter arising in relation to the applicable provisions of this jurisdiction as if the provisions were laws of the Commonwealth and were not laws of this jurisdiction.\nThe provisions of the Agvet Code of this jurisdiction that require the APVMA to give brief particulars of reasons for decisions do not affect the obligations of the APVMA under the Administrative Review Tribunal Act 2024 (Cwlth) , part 10 , division 3 , as that division applies as a law of this jurisdiction under subsection (1) .\nThe provisions of the Agvet Code of this jurisdiction that relate to the disclosure of confidential commercial information do not affect the operation of the Freedom of Information Act 1982 (Cwlth) as that Act applies as a law of this jurisdiction under subsection (1) .\nFor a law of this jurisdiction, a matter arising in relation to the applicable provisions of this jurisdiction is taken—\nto be a matter arising in relation to laws of the Commonwealth in the same way as if the provisions were laws of the Commonwealth; and\nnot to be a matter arising in relation to laws of this jurisdiction.\nSubsection (4) has effect except as prescribed by a regulation under section 32 .\ns 16 amd 2001 No. 27 s 5\nsub 2001 No. 97 s 5\namd 2006 No. 48 s 48 sch ; 2024 No. 47 s 78 sch 2\n(sec.16-ssec.1) The Commonwealth administrative laws apply as laws of this jurisdiction to any matter arising in relation to the applicable provisions of this jurisdiction as if the provisions were laws of the Commonwealth and were not laws of this jurisdiction.\n(sec.16-ssec.2) The provisions of the Agvet Code of this jurisdiction that require the APVMA to give brief particulars of reasons for decisions do not affect the obligations of the APVMA under the Administrative Review Tribunal Act 2024 (Cwlth) , part 10 , division 3 , as that division applies as a law of this jurisdiction under subsection (1) .\n(sec.16-ssec.3) The provisions of the Agvet Code of this jurisdiction that relate to the disclosure of confidential commercial information do not affect the operation of the Freedom of Information Act 1982 (Cwlth) as that Act applies as a law of this jurisdiction under subsection (1) .\n(sec.16-ssec.4) For a law of this jurisdiction, a matter arising in relation to the applicable provisions of this jurisdiction is taken— to be a matter arising in relation to laws of the Commonwealth in the same way as if the provisions were laws of the Commonwealth; and not to be a matter arising in relation to laws of this jurisdiction.\n(sec.16-ssec.5) Subsection (4) has effect except as prescribed by a regulation under section 32 .\n- (a) to be a matter arising in relation to laws of the Commonwealth in the same way as if the provisions were laws of the Commonwealth; and\n- (b) not to be a matter arising in relation to laws of this jurisdiction.","sortOrder":21},{"sectionNumber":"sec.17","sectionType":"section","heading":"Functions and powers conferred on Commonwealth officers and authorities","content":"### sec.17 Functions and powers conferred on Commonwealth officers and authorities\n\nA Commonwealth administrative law applying because of section 16 that confers on a Commonwealth officer or authority a function or power also confers on the officer or authority the same function or power in relation to a matter arising in relation to an applicable provision of this jurisdiction.\nIn performing a function or exercising a power conferred under subsection (1) , the Commonwealth officer or authority must act as nearly as practicable as the officer or authority would act in performing or exercising the same function or power under the Commonwealth administrative law.\ns 17 sub 2001 No. 97 s 5\n(sec.17-ssec.1) A Commonwealth administrative law applying because of section 16 that confers on a Commonwealth officer or authority a function or power also confers on the officer or authority the same function or power in relation to a matter arising in relation to an applicable provision of this jurisdiction.\n(sec.17-ssec.2) In performing a function or exercising a power conferred under subsection (1) , the Commonwealth officer or authority must act as nearly as practicable as the officer or authority would act in performing or exercising the same function or power under the Commonwealth administrative law.","sortOrder":22},{"sectionNumber":"sec.18","sectionType":"section","heading":"Reference in Commonwealth administrative law to a provision of another law","content":"### sec.18 Reference in Commonwealth administrative law to a provision of another law\n\nFor section 16 , a reference in a Commonwealth administrative law to a provision of that or another Commonwealth administrative law is taken to be a reference to the provision as applying because of section 16 .\ns 18 sub 2001 No. 97 s 5","sortOrder":23},{"sectionNumber":"sec.19","sectionType":"section","heading":"Construction of references to part 7 of Commonwealth Administrative Review Tribunal Act","content":"### sec.19 Construction of references to part 7 of Commonwealth Administrative Review Tribunal Act\n\nFor section 16 , a reference in a provision of the Administrative Review Tribunal Act 2024 (Cwlth) , as that provision applies as a law of this jurisdiction, to the whole or part of part 7 of that Act is taken to be a reference to the whole or part of that part as it has effect as a law of the Commonwealth.\ns 19 prev s 19 om 2001 No. 27 s 7\npres s 19 ins 2001 No. 27 s 6\nsub 2001 No. 97 s 5 ; 2024 No. 47 s 78 sch 2","sortOrder":24},{"sectionNumber":"pt.6","sectionType":"part","heading":null,"content":"","sortOrder":25},{"sectionNumber":"sec.20","sectionType":"section","heading":null,"content":"### Section sec.20\n\ns 20 om 2001 No. 27 s 7","sortOrder":26},{"sectionNumber":"pt.7","sectionType":"part","heading":"Australian Pesticides and Veterinary Medicines Authority","content":"# Australian Pesticides and Veterinary Medicines Authority","sortOrder":27},{"sectionNumber":"sec.21","sectionType":"section","heading":"Conferral of functions and powers on APVMA","content":"### sec.21 Conferral of functions and powers on APVMA\n\nThe APVMA has the functions and powers conferred or expressed to be conferred on it under this Act or the Agvet Code of this jurisdiction.\nBesides the powers mentioned in subsection (1) , the APVMA may do all things necessary or convenient to be done in performing its functions and, in particular, may—\nenter into contracts; and\nacquire, hold and dispose of real and personal property; and\noccupy, use and control any land or building owned or held under lease by the Commonwealth, a State or a Territory and made available for the purposes of the APVMA; and\nappoint agents and attorneys, and act as agent for other persons; and\ndo anything incidental to any of its powers.\ns 21 amd 2006 No. 48 s 48 sch\n(sec.21-ssec.1) The APVMA has the functions and powers conferred or expressed to be conferred on it under this Act or the Agvet Code of this jurisdiction.\n(sec.21-ssec.2) Besides the powers mentioned in subsection (1) , the APVMA may do all things necessary or convenient to be done in performing its functions and, in particular, may— enter into contracts; and acquire, hold and dispose of real and personal property; and occupy, use and control any land or building owned or held under lease by the Commonwealth, a State or a Territory and made available for the purposes of the APVMA; and appoint agents and attorneys, and act as agent for other persons; and do anything incidental to any of its powers.\n- (a) enter into contracts; and\n- (b) acquire, hold and dispose of real and personal property; and\n- (c) occupy, use and control any land or building owned or held under lease by the Commonwealth, a State or a Territory and made available for the purposes of the APVMA; and\n- (d) appoint agents and attorneys, and act as agent for other persons; and\n- (e) do anything incidental to any of its powers.","sortOrder":28},{"sectionNumber":"sec.22","sectionType":"section","heading":"Agreements and arrangements","content":"### sec.22 Agreements and arrangements\n\nThe Minister, or a person authorised in writing by the Minister, may enter into an agreement or arrangement with the Commonwealth Minister for the performance of functions or the exercise of powers by the APVMA as an agent of the State.\nThe APVMA has the functions and powers mentioned in the agreement or arrangement.\ns 22 amd 2006 No. 48 s 48 sch\n(sec.22-ssec.1) The Minister, or a person authorised in writing by the Minister, may enter into an agreement or arrangement with the Commonwealth Minister for the performance of functions or the exercise of powers by the APVMA as an agent of the State.\n(sec.22-ssec.2) The APVMA has the functions and powers mentioned in the agreement or arrangement.","sortOrder":29},{"sectionNumber":"sec.23","sectionType":"section","heading":"Conferral of other functions and powers for purposes of law in this jurisdiction","content":"### sec.23 Conferral of other functions and powers for purposes of law in this jurisdiction\n\nThe APVMA may do acts in this jurisdiction in the performance or exercise of any function or power—\nexpressed to be conferred on it by a law of a jurisdiction (other than this jurisdiction) that corresponds to this Act or the Agvet Code of this jurisdiction; or\nmentioned in an agreement or arrangement made under a provision of an Act of a jurisdiction other than this jurisdiction corresponding to section 22 .\ns 23 amd 2006 No. 48 s 48 sch\n- (a) expressed to be conferred on it by a law of a jurisdiction (other than this jurisdiction) that corresponds to this Act or the Agvet Code of this jurisdiction; or\n- (b) mentioned in an agreement or arrangement made under a provision of an Act of a jurisdiction other than this jurisdiction corresponding to section 22 .","sortOrder":30},{"sectionNumber":"sec.23A","sectionType":"section","heading":"Consultation with gene technology regulator","content":"### sec.23A Consultation with gene technology regulator\n\nA function or power conferred on the APVMA under section 8A of the Agricultural and Veterinary Chemicals (Administration) Act about any matter arising in relation to the Code set out in the schedule to the Agricultural and Veterinary Chemicals Code Act extends to any corresponding matter arising in relation to the applicable provisions of this jurisdiction, and the section applies accordingly.\nIf the APVMA gives the gene technology regulator a notice under section 8A (3) of the Agricultural and Veterinary Chemicals (Administration) Act (as that section applies by force of subsection (1) of this section), the regulator may give written advice to the APVMA about the application, reconsideration or issue.\nThe advice must be given within the period stated in the notice.\nA reference in the Agvet Code of this jurisdiction to a provision of section 8A of the Agricultural and Veterinary Chemicals (Administration) Act has effect as if it were a reference to that provision as applying by force of subsection (1) of this section.\nIn this section—\ngene technology regulator means the Gene Technology Regulator appointed under the Gene Technology Act 2000 (Cwlth) .\nThis section does not appear in the Commonwealth Act but is consistent with amendments to Commonwealth Acts made by the Gene Technology (Consequential Amendments) Act 2000 (Cwlth) , schedule 1 , items 1 to 7.\ns 23A ins 2001 No. 68 s 195 sch 2\namd 2006 No. 48 s 48 sch ; 2016 No. 54 s 54 sch 1\n(sec.23A-ssec.1) A function or power conferred on the APVMA under section 8A of the Agricultural and Veterinary Chemicals (Administration) Act about any matter arising in relation to the Code set out in the schedule to the Agricultural and Veterinary Chemicals Code Act extends to any corresponding matter arising in relation to the applicable provisions of this jurisdiction, and the section applies accordingly.\n(sec.23A-ssec.2) If the APVMA gives the gene technology regulator a notice under section 8A (3) of the Agricultural and Veterinary Chemicals (Administration) Act (as that section applies by force of subsection (1) of this section), the regulator may give written advice to the APVMA about the application, reconsideration or issue.\n(sec.23A-ssec.3) The advice must be given within the period stated in the notice.\n(sec.23A-ssec.4) A reference in the Agvet Code of this jurisdiction to a provision of section 8A of the Agricultural and Veterinary Chemicals (Administration) Act has effect as if it were a reference to that provision as applying by force of subsection (1) of this section.\n(sec.23A-ssec.5) In this section— gene technology regulator means the Gene Technology Regulator appointed under the Gene Technology Act 2000 (Cwlth) .","sortOrder":31},{"sectionNumber":"sec.24","sectionType":"section","heading":"Commonwealth Minister may give directions in exceptional circumstances","content":"### sec.24 Commonwealth Minister may give directions in exceptional circumstances\n\nThe power of the Commonwealth Minister to give directions to the APVMA under the Agricultural and Veterinary Chemicals (Administration) Act , section 10 extends to giving directions about functions and powers of the APVMA conferred under the applicable provisions of this jurisdiction, and the section applies accordingly.\ns 24 amd 2006 No. 48 s 48 sch","sortOrder":32},{"sectionNumber":"pt.8","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":33},{"sectionNumber":"sec.25","sectionType":"section","heading":"Orders","content":"### sec.25 Orders\n\nOrders in force for the time being under the Agricultural and Veterinary Chemicals Code Act , section 7 have the same effect for the purposes of the Agvet Code of this jurisdiction as they would have if they were provisions of the Agvet Regulations of this jurisdiction.","sortOrder":34},{"sectionNumber":"sec.26","sectionType":"section","heading":"Manufacturing principles","content":"### sec.26 Manufacturing principles\n\nSubject to the Agvet Code, and Agvet Regulations, of this jurisdiction, the manufacturing principles in force for the time being under the Agricultural and Veterinary Chemicals Act , section 23 also have effect for the purposes of part 8 of the Code.","sortOrder":35},{"sectionNumber":"sec.27","sectionType":"section","heading":"Delegation","content":"### sec.27 Delegation\n\nThe power of delegation of the Commonwealth Minister under the Agricultural and Veterinary Chemicals (Administration) Act , section 71 extends to the powers expressed to be conferred on the Commonwealth Minister under this Act or the Agvet Code of this jurisdiction, and the section applies accordingly.","sortOrder":36},{"sectionNumber":"sec.28","sectionType":"section","heading":"Conferral of powers on State officers","content":"### sec.28 Conferral of powers on State officers\n\nThis section applies if an officer of a department, administrative unit or authority is authorised, under the Agricultural and Veterinary Chemicals (Administration) Act , section 69F , by the chief executive officer of the APVMA to exercise the powers or perform the functions of an inspector for the purposes of a particular relevant law.\nThe powers and functions are conferred on the officer.\nThe powers and functions are to be exercised or performed under the authorisation but are taken to have been validly exercised or performed despite any failure to comply with a condition or restriction of the authorisation.\nWords and expressions used in this section have the same meanings as they have in the Agricultural and Veterinary Chemicals (Administration) Act , section 69F .\ns 28 amd 2006 No. 48 s 48 sch\n(sec.28-ssec.1) This section applies if an officer of a department, administrative unit or authority is authorised, under the Agricultural and Veterinary Chemicals (Administration) Act , section 69F , by the chief executive officer of the APVMA to exercise the powers or perform the functions of an inspector for the purposes of a particular relevant law.\n(sec.28-ssec.2) The powers and functions are conferred on the officer.\n(sec.28-ssec.3) The powers and functions are to be exercised or performed under the authorisation but are taken to have been validly exercised or performed despite any failure to comply with a condition or restriction of the authorisation.\n(sec.28-ssec.4) Words and expressions used in this section have the same meanings as they have in the Agricultural and Veterinary Chemicals (Administration) Act , section 69F .","sortOrder":37},{"sectionNumber":"sec.28A","sectionType":"section","heading":"Inspectors and analysts","content":"### sec.28A Inspectors and analysts\n\nThis section applies for each person as follows (an officer )—\nan inspector appointed under the Agricultural and Veterinary Chemicals (Administration) Act , section 69F (1) ;\nan analyst approved under the Agricultural and Veterinary Chemicals (Administration) Act , section 69G .\nAn officer has, for a matter arising in relation to an applicable provision of this jurisdiction, the functions and powers conferred or expressed to be conferred on him or her under the applicable provisions of this jurisdiction.\ns 28A ins 2001 No. 97 s 6\n(sec.28A-ssec.1) This section applies for each person as follows (an officer )— an inspector appointed under the Agricultural and Veterinary Chemicals (Administration) Act , section 69F (1) ; an analyst approved under the Agricultural and Veterinary Chemicals (Administration) Act , section 69G .\n(sec.28A-ssec.2) An officer has, for a matter arising in relation to an applicable provision of this jurisdiction, the functions and powers conferred or expressed to be conferred on him or her under the applicable provisions of this jurisdiction.\n- (a) an inspector appointed under the Agricultural and Veterinary Chemicals (Administration) Act , section 69F (1) ;\n- (b) an analyst approved under the Agricultural and Veterinary Chemicals (Administration) Act , section 69G .","sortOrder":38},{"sectionNumber":"sec.28B","sectionType":"section","heading":"Validation of actions of inspectors and analysts","content":"### sec.28B Validation of actions of inspectors and analysts\n\nIn this section—\nofficer means an officer as defined under section 28A .\nrelevant section means the Agricultural and Veterinary Chemicals (Queensland) Amendment Act 2001 , section 5 .\nrelevant time , in relation to a thing, means the time at which the thing was done or omitted to be done or purported to have been done or omitted to be done.\nAnything done or omitted to be done by an officer before the commencement of the relevant section that would have been validly done or omitted had the relevant section come into operation before the relevant time has, and is taken always to have had, the same force and effect as it would have had if the relevant section had come into operation before the relevant time.\nSee also the Co-operative Schemes (Administrative Actions) Act 2001 , part 2 (Validation of invalid administrative actions).\ns 28B ins 2001 No. 97 s 6\n(sec.28B-ssec.1) In this section— officer means an officer as defined under section 28A . relevant section means the Agricultural and Veterinary Chemicals (Queensland) Amendment Act 2001 , section 5 . relevant time , in relation to a thing, means the time at which the thing was done or omitted to be done or purported to have been done or omitted to be done.\n(sec.28B-ssec.2) Anything done or omitted to be done by an officer before the commencement of the relevant section that would have been validly done or omitted had the relevant section come into operation before the relevant time has, and is taken always to have had, the same force and effect as it would have had if the relevant section had come into operation before the relevant time. See also the Co-operative Schemes (Administrative Actions) Act 2001 , part 2 (Validation of invalid administrative actions).","sortOrder":39},{"sectionNumber":"sec.29","sectionType":"section","heading":"Application of fees and taxes","content":"### sec.29 Application of fees and taxes\n\nAll fees, taxes and other amounts (other than penalties and fines) that, under the applicable provisions of this jurisdiction, are authorised or directed to be payable by or imposed on a person must be paid to the Commonwealth.","sortOrder":40},{"sectionNumber":"sec.30","sectionType":"section","heading":"Documents or substances held by previous registering authority may be given to APVMA","content":"### sec.30 Documents or substances held by previous registering authority may be given to APVMA\n\nAn authority of this jurisdiction that, immediately before the commencement of this section, performed functions under a provision of the law of this jurisdiction that corresponded to a provision of the Agvet Code of this jurisdiction may give to the APVMA documents or substances in its possession or custody that were received by it in the performance of the functions or otherwise relate to the performance of the functions.\ns 30 amd 2006 No. 48 s 48 sch","sortOrder":41},{"sectionNumber":"sec.31","sectionType":"section","heading":"Section 30 has effect despite any other law","content":"### sec.31 Section 30 has effect despite any other law\n\nSection 30 has effect despite any other law of this jurisdiction, including, for example, the Public Records Act 2023 .\ns 31 amd 2002 No. 11 s 62 sch 1 ; 2023 No. 33 s 107 sch 4","sortOrder":42},{"sectionNumber":"sec.32","sectionType":"section","heading":"Regulation-making power","content":"### sec.32 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\ns 32 amd 2001 No. 97 sch","sortOrder":43},{"sectionNumber":"sec.33","sectionType":"section","heading":"Eligible laws","content":"### sec.33 Eligible laws\n\nA regulation may declare any law, or provision of a law, to be an eligible law for the purposes of the definition permit in section 109 of the Agvet Code of this jurisdiction.","sortOrder":44},{"sectionNumber":"pt.9","sectionType":"part","heading":"Imposition of fees and taxes","content":"# Imposition of fees and taxes","sortOrder":45},{"sectionNumber":"sec.34","sectionType":"section","heading":"Fees (including taxes)","content":"### sec.34 Fees (including taxes)\n\nThis section imposes the fees (including fees that are taxes) that the Agvet Regulations of this jurisdiction prescribe.","sortOrder":46},{"sectionNumber":"pt.10","sectionType":"part","heading":"Conferral of functions on Commonwealth Director of Public Prosecutions","content":"# Conferral of functions on Commonwealth Director of Public Prosecutions","sortOrder":47},{"sectionNumber":"sec.35","sectionType":"section","heading":"Conferral of functions on Commonwealth Director of Public Prosecutions","content":"### sec.35 Conferral of functions on Commonwealth Director of Public Prosecutions\n\nThe Commonwealth Director of Public Prosecutions (the Commonwealth Director ) may—\nstart prosecutions on indictment for indictable offences against the Agvet Code, or Agvet Regulations, of this jurisdiction; and\ncarry on prosecutions of the kind mentioned in paragraph (a) (other than prosecutions started by the Attorney-General or the Director of Prosecutions), whether or not started by the Commonwealth Director; and\nif the Attorney-General or Director of Prosecutions asks the Commonwealth Director in writing to carry on a prosecution of the kind mentioned in paragraph (a) that was started by the Attorney-General or Director of Prosecutions—carry on the prosecution; and\nstart proceedings for the commitment of persons for trial for indictable offences against the Agvet Code, or Agvet Regulations, of this jurisdiction; and\nstart proceedings for the summary conviction of persons for offences against the Agvet Code, or Agvet Regulations, of this jurisdiction; and\ncarry on proceedings of a kind mentioned in paragraph (d) or (e) (whether or not started by the Commonwealth Director); and\ndo anything incidental or conducive to the performance of any of the functions mentioned in paragraphs (a) to (f) .\n- (a) start prosecutions on indictment for indictable offences against the Agvet Code, or Agvet Regulations, of this jurisdiction; and\n- (b) carry on prosecutions of the kind mentioned in paragraph (a) (other than prosecutions started by the Attorney-General or the Director of Prosecutions), whether or not started by the Commonwealth Director; and\n- (c) if the Attorney-General or Director of Prosecutions asks the Commonwealth Director in writing to carry on a prosecution of the kind mentioned in paragraph (a) that was started by the Attorney-General or Director of Prosecutions—carry on the prosecution; and\n- (d) start proceedings for the commitment of persons for trial for indictable offences against the Agvet Code, or Agvet Regulations, of this jurisdiction; and\n- (e) start proceedings for the summary conviction of persons for offences against the Agvet Code, or Agvet Regulations, of this jurisdiction; and\n- (f) carry on proceedings of a kind mentioned in paragraph (d) or (e) (whether or not started by the Commonwealth Director); and\n- (g) do anything incidental or conducive to the performance of any of the functions mentioned in paragraphs (a) to (f) .","sortOrder":48},{"sectionNumber":"pt.11","sectionType":"part","heading":"Transitional provisions","content":"# Transitional provisions","sortOrder":49},{"sectionNumber":"sec.36","sectionType":"section","heading":"Transitional provision for Agricultural and Veterinary Chemicals (Queensland) Amendment Act 2001","content":"### sec.36 Transitional provision for Agricultural and Veterinary Chemicals (Queensland) Amendment Act 2001\n\nReplacement part 5 applies in relation to matters arising in relation to the applicable provisions of this jurisdiction, and decisions made or other things done or omitted to be done under the Commonwealth administrative laws relating to the matters, before, on or after the commencement of that part.\nIn this section—\nreplacement part 5 means part 5, as inserted by the Agricultural and Veterinary Chemicals (Queensland) Amendment Act 2001 .\ns 36 prev s 36 exp 15 March 1996 (see s 36(3))\npres s 36 ins 2001 No. 97 s 7\n(sec.36-ssec.1) Replacement part 5 applies in relation to matters arising in relation to the applicable provisions of this jurisdiction, and decisions made or other things done or omitted to be done under the Commonwealth administrative laws relating to the matters, before, on or after the commencement of that part.\n(sec.36-ssec.2) In this section— replacement part 5 means part 5, as inserted by the Agricultural and Veterinary Chemicals (Queensland) Amendment Act 2001 .","sortOrder":50}],"analysis":{"issue_detection":{"absurdities":[{"type":"other","section":"sec.4","severity":"medium","reasoning":"Section 4 declares that the Jervis Bay Territory is 'taken to be part of the Australian Capital Territory' for purposes of this Queensland Act and the Agvet Code and Agvet Regulations. The Jervis Bay Territory is a Commonwealth territory governed by the Jervis Bay Territory Acceptance Act 1915 (Cwlth). Queensland's Parliament has no constitutional authority to redefine the status or boundaries of a Commonwealth territory. While this provision mirrors identical provisions in other jurisdictions' mirror legislation (reflecting a cooperative scheme), as a standalone Queensland enactment it purports to alter Commonwealth territorial arrangements, which is beyond State legislative power.","confidence":0.62,"description":"A Queensland Act purports to determine the territorial classification of the Jervis Bay Territory — a Commonwealth territory — for purposes of the Agvet Code, yet Queensland has no legislative competence over Commonwealth territories."},{"type":"circular_definition","section":"sec.7 (subsections 2 and 3)","severity":"medium","reasoning":"Section 7(2) applies the Commonwealth Interpretation Act as a law of Queensland to the Agvet Code of Queensland. Section 7(3) then stipulates this occurs 'as if the Agvet Code of this jurisdiction were a Commonwealth Act.' The Agvet Code of Queensland is explicitly a law of Queensland (s 5), not Commonwealth law. The interpretive fiction requires treating a State law as Commonwealth law in order to apply Commonwealth interpretation rules to it as a State law — a circular and self-referential construct. While practically workable under cooperative federalism, it creates genuine logical tension: the instrument is simultaneously a Queensland law (s 5) and treated as a Commonwealth Act (s 7(3)) for interpretation purposes.","confidence":0.7,"description":"The Act applies the Commonwealth Acts Interpretation Act 1901 'as a law of this jurisdiction' by treating the Agvet Code as if it were a Commonwealth Act — meaning a State law interprets itself by pretending it is Commonwealth law, creating a fictional legal identity."},{"type":"self_contradicting","section":"sec.16 (subsections 1 and 4)","severity":"high","reasoning":"Section 16(1) applies Commonwealth administrative laws 'as if the provisions were laws of the Commonwealth and were not laws of this jurisdiction.' Section 16(4) then directs that for a law of this jurisdiction, the same matters are 'taken to be a matter arising in relation to laws of the Commonwealth' and 'not to be a matter arising in relation to laws of this jurisdiction.' Yet the Agvet Code of Queensland is enacted as a law of Queensland under s 5. The Act thus requires courts and administrators to treat Queensland law as not being Queensland law. This is not merely a legal fiction for limited purposes — s 16(4) applies broadly 'for a law of this jurisdiction,' creating a systemic contradiction in the legal status of the same instruments.","confidence":0.75,"description":"The Act simultaneously treats applicable provisions as laws of the Commonwealth (for Commonwealth administrative law purposes) and as laws of Queensland (being enacted State law), creating an irreconcilable dual legal identity."},{"type":"other","section":"sec.28 (subsection 3)","severity":"high","reasoning":"Section 28(3) provides that the powers and functions of authorised State officers 'are taken to have been validly exercised or performed despite any failure to comply with a condition or restriction of the authorisation.' An authorisation that contains conditions or restrictions defines the outer boundary of lawful exercise of power. Declaring that acts done in breach of those conditions are nonetheless valid effectively nullifies the conditions entirely, making the imposition of conditions meaningless. This is internally absurd: conditions are imposed to control the exercise of power, but their breach is irrelevant to validity. This also raises rule-of-law concerns about persons subject to exercises of power that exceeded the inspector's actual authority.","confidence":0.8,"description":"Officers are declared to have validly exercised powers 'despite any failure to comply with a condition or restriction of the authorisation' — meaning the Act validates exercises of power that were expressly unauthorised."},{"type":"retroactive_impossibility","section":"sec.28B (subsection 2)","severity":"medium","reasoning":"Section 28B(2) validates anything done by an officer before commencement of the relevant section 'that would have been validly done or omitted had the relevant section come into operation before the relevant time.' This requires a court to assess validity against a hypothetical legal framework that did not exist at the time — i.e., to evaluate past conduct against law that had not yet been enacted. While retrospective validation provisions are common in Australian legislation, this formulation introduces a counterfactual conditional that is logically impossible to apply with certainty: you cannot know what 'would have been' valid under a law that did not exist, particularly if that law interacted with other contemporaneous laws differently than the actual law did.","confidence":0.58,"description":"The retrospective validation provision purports to validate past acts by reference to a counterfactual (what would have been valid 'had the relevant section come into operation' earlier), creating an irresolvable retroactive impossibility."},{"type":"other","section":"sec.35 (paragraph b)","severity":"low","reasoning":"Section 35(b) allows the Commonwealth DPP to carry on prosecutions 'other than prosecutions started by the Attorney-General or the Director of Prosecutions, whether or not started by the Commonwealth Director.' This carve-out, combined with the paragraph (c) mechanism for the A-G or Director of Prosecutions to invite the Commonwealth DPP to take over, raises the question of who may carry on a prosecution started by a third party (neither the Commonwealth DPP, A-G nor Director of Prosecutions). The drafting does not clearly address this scenario, though the gap may be filled by general Queensland prosecution law.","confidence":0.45,"description":"The Commonwealth Director of Public Prosecutions is empowered to carry on prosecutions 'not started by the Commonwealth Director' but simultaneously excepted from carrying on prosecutions 'started by the Attorney-General or the Director of Prosecutions' — unless specifically asked — creating an undefined category of prosecutions."}],"contradictions":[{"severity":"high","section_a":"sec.5","section_b":"sec.16(1)","confidence":0.78,"description":"Section 5 enacts the Agvet Code as a law of Queensland. Section 16(1) then applies Commonwealth administrative laws to it 'as if the provisions were laws of the Commonwealth and were not laws of this jurisdiction' — directly contradicting the enacted Queensland status of the Code."},{"severity":"medium","section_a":"sec.7(2)-(3)","section_b":"sec.7(4)","confidence":0.7,"description":"Subsections (2)-(3) apply the Commonwealth Acts Interpretation Act 1901 as if the Agvet Code were a Commonwealth Act, while subsection (4) excludes the Queensland Acts Interpretation Act 1954. The combined effect is that Queensland legislation (the Agvet Code of Queensland) is interpreted exclusively under Commonwealth interpretation rules, potentially excluding Queensland-specific interpretive principles that would otherwise apply to all Queensland statutes, without any explicit constitutional authority for this exclusion."},{"severity":"medium","section_a":"sec.11","section_b":"sec.13","confidence":0.65,"description":"Section 11 binds the Commonwealth to the Agvet Code of Queensland 'so far as the legislative power of the Parliament permits.' Section 13 provides that nothing in Part 4 or the Agvet Code makes the Commonwealth liable to prosecution for an offence. These provisions are in tension: binding the Commonwealth to the Code (s 11) suggests substantive obligations, but immunity from prosecution (s 13) removes the primary enforcement mechanism, making the Commonwealth's binding largely unenforceable."},{"severity":"high","section_a":"sec.28(3)","section_b":"sec.28(1)","confidence":0.82,"description":"Section 28(1) conditions the application of the section on an officer being 'authorised... to exercise the powers or perform the functions of an inspector.' Section 28(3) then deems exercises of those powers valid 'despite any failure to comply with a condition or restriction of the authorisation.' This contradicts the foundational requirement of authorisation: if all non-compliance with conditions is validated, the authorisation's conditions (which define its scope) are rendered meaningless, undermining the premise of s 28(1)."},{"severity":"medium","section_a":"sec.16(4)","section_b":"sec.16(5)","confidence":0.6,"description":"Section 16(4) states that matters arising under the applicable provisions are taken to be matters arising under Commonwealth law and 'not to be a matter arising in relation to laws of this jurisdiction.' Section 16(5) then qualifies this with 'except as prescribed by a regulation under section 32.' Section 32 is a general regulation-making power with no specific guidance on when or how to prescribe exceptions. This means the fundamental legal characterisation of Queensland's own Agvet Code provisions (as Commonwealth or State law) can be altered by regulation without any legislative criteria, creating an open-ended and potentially unpredictable exception to a foundational legal fiction."},{"severity":"medium","section_a":"sec.29","section_b":"sec.34","confidence":0.63,"description":"Section 34 imposes fees (including fees that are taxes) prescribed by the Agvet Regulations of Queensland, asserting Queensland's power to impose such levies. Section 29 directs that all fees and taxes payable under the applicable provisions 'must be paid to the Commonwealth.' Queensland is thus imposing taxes under its legislative authority (s 34) but directing all revenue to the Commonwealth — raising questions about whether Queensland is validly imposing taxes it has no fiscal interest in, and whether this constitutes a Queensland law imposing a tax for Commonwealth benefit without Commonwealth authorisation."}]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose of adopting the Commonwealth agvet chemicals regime into Queensland law. While it has been amended multiple times (notably in 2001 to update the administrative law framework and in 2024 to reference the new Administrative Review Tribunal), these changes have been technical updates to maintain the cooperative scheme rather than expansions into new policy areas. The Act does not appear to have grown beyond its core function of providing the Queensland 'host' framework for the national chemicals regulation system."},"complexity_factors":["Extensive cross-referencing to external legislation – the Act imports the entire Agvet Code from the Commonwealth Agricultural and Veterinary Chemicals Code Act, plus regulations, manufacturing principles, and orders made under that Act","Multiple layers of adopted law – applies Commonwealth administrative laws (Administrative Review Tribunal Act, Freedom of Information Act, Crimes Act provisions) as Queensland law with modifications","Complex machinery provisions for national uniformity – sections 9-10 create intricate rules for treating references to 'Agvet Codes' across jurisdictions as references to a single national code","Nested definitions and conditional application – section 7 applies the Commonwealth Interpretation Act instead of Queensland's, but 'subject to Part 1 of the Agvet Code'","Multiple validation and transitional provisions – sections 28B and 36 validate past actions and apply new administrative law frameworks retrospectively","Conferral of functions on Commonwealth officers – sections 16-19, 21-24, 27-28 create parallel systems where Commonwealth officers exercise powers in Queensland","Gene technology integration – section 23A creates a specific interface between chemical regulation and gene technology regulation, requiring consultation between regulators"],"plain_english_summary":"This Queensland law is essentially a 'host' or 'vehicle' Act that adopts the Commonwealth's agricultural and veterinary chemicals regime into Queensland law. Here's what it does:\n\n**The big picture:**\nInstead of Queensland writing its own detailed rules about pesticides, herbicides, and veterinary medicines from scratch, this Act 'imports' the Commonwealth's Agricultural and Veterinary Chemicals Code (the 'Agvet Code') and makes it Queensland law. This creates a national, uniform system where the same rules apply across all states and territories.\n\n**Who it affects:**\n- **Farmers and primary producers** who use agricultural chemicals (pesticides, herbicides, fungicides)\n- **Veterinarians and pet owners** who use animal medicines\n- **Chemical manufacturers and suppliers** who must register products with the Australian Pesticides and Veterinary Medicines Authority (APVMA)\n- **The APVMA itself** – the Commonwealth agency that gets its powers extended to operate in Queensland\n\n**Key things the Act does:**\n- **Adopts the Commonwealth Code:** The detailed rules about registering, manufacturing, labelling, and supplying agvet chemicals are contained in a separate Commonwealth Act's schedule. This Queensland Act pulls those rules in and calls them the 'Agvet Code of Queensland'.\n- **Sets up the regulator:** It gives the APVMA (the national regulator) power to operate in Queensland – to approve products, inspect facilities, and enforce the rules.\n- **Applies Commonwealth administrative law:** It brings in Commonwealth laws about merits review (challenging decisions) and Freedom of Information, so people can appeal APVMA decisions using the same processes nationwide.\n- **Handles money:** Fees and taxes paid under the scheme go to the Commonwealth, not Queensland.\n- **Prosecution powers:** It lets the Commonwealth Director of Public Prosecutions handle criminal cases for breaches of the chemical laws in Queensland.\n\n**Why it matters:**\nThis is an example of 'cooperative federalism.' Rather than eight different sets of rules for chemicals across Australia, farmers and businesses deal with one national regulator and one set of rules, even though the law technically operates as Queensland law. It reduces red tape for businesses operating across state borders and ensures consistent safety standards for chemicals used in food production and animal health."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act has been amended to increase administrative integration with Commonwealth frameworks. Notable additions expand the application of Commonwealth legislative instruments (sec 6A), extend APVMA consultation with the Gene Technology Regulator (sec 23A), authorise inspectors and analysts and validate their prior actions (secs 28A–28B), and update application of Commonwealth administrative review provisions (sec 16). These amendments broaden the Act’s operational and procedural reach into Commonwealth administrative regimes (see secs 6A, 16, 23A, 28A–28B, 36)."},"complexity_factors":["Cross-jurisdictional incorporation: the Agvet Code and Agvet Regulations are applied as Queensland law, with interpretive rules treating them as if Commonwealth laws (secs 5–7, 10–12).","Application of Commonwealth administrative law and administrative review to state matters, including adjusted interaction with information disclosure and review statutes (secs 16–19).","Conferral and extension of APVMA functions and broad operational powers (contracts, property, agents) to operate in Queensland (secs 21–24).","Use of Commonwealth ancillary criminal laws to cover aiding/abetting and related offences for Agvet Code breaches (sec 8).","Delegation, agency and agreement mechanics allowing APVMA to act as agent of the State and for ministers to make arrangements (secs 22, 27).","Operational enforcement complexity from inspector/analyst authorisations, validation of past actions, and transfer/possession of regulatory records/substances (secs 28–31).","Financial flows centralised: fees, taxes and prescribed amounts under the applicable provisions are payable to the Commonwealth (secs 29, 34).","Interaction with other jurisdictions and national operation objective, including rules for citing other jurisdictions’ Agvet Codes and Regulations (secs 9–11, 13–14).","Regulation-making and instrument application, including incorporation of Commonwealth legislative instruments and manufacturing principles (secs 6A, 25–26, 32–33).","Transitional and amendment history complexity affecting scope and retrospective validation of administrative acts (sec 36; see secs 28B, 30–31)."],"plain_english_summary":"This Act makes the Commonwealth Agricultural and Veterinary Chemicals Code (the Agvet Code) and its regulations operate as the law in Queensland, gives the Australian Pesticides and Veterinary Medicines Authority (APVMA) power to administer and enforce that Code here, and applies Commonwealth administrative law and prosecutorial arrangements to those functions. It requires most fees to be paid to the Commonwealth and affects manufacturers, importers, sellers, inspectors and regulators by centralising approvals, enforcement and review under APVMA and Commonwealth processes."},"summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The Act has remained consistent with its original intent as a cooperative scheme enabling legislation. Amendments have updated references to reflect machinery-of-government changes (e.g., the new Administrative Review Tribunal replacing the Administrative Appeals Tribunal) and added provisions for gene technology consultation and legislative instruments, but these are incremental updates maintaining the same core purpose of adopting and applying the national Agvet Code as Queensland law."},"complexity_factors":["Multi-layered legal architecture: a state law that adopts and applies federal law as if it were state law, requiring readers to cross-reference multiple Commonwealth Acts","Requires understanding of cooperative federalism — how Commonwealth and State legislative powers interact and overlap","Multiple cross-references to external legislation (Agricultural and Veterinary Chemicals Code Act, Crimes Act 1914, Acts Interpretation Act 1901, Administrative Review Tribunal Act 2024, Gene Technology Act 2000, Freedom of Information Act 1982, etc.)","Unusual interpretive rules: Commonwealth interpretation principles apply instead of Queensland's own Acts Interpretation Act","Jurisdictional deeming provisions — treating state matters 'as if' they were Commonwealth matters for administrative law purposes","Ancillary criminal law provisions importing Commonwealth criminal ancillary offences (aiding, abetting, conspiracy) into state law","Historical amendment layers from 2001, 2006, 2015, 2016, 2023, and 2024 requiring tracking of what provisions were inserted, substituted, or omitted","The Jervis Bay Territory provision adds an unusual geographic quirk requiring specialist knowledge"],"plain_english_summary":"This Act makes Queensland adopt the Commonwealth Agvet Code so the national regulatory system for agricultural and veterinary chemicals (pesticides, herbicides, animal medicines) operates in Queensland. It gives the APVMA authority to assess, approve and regulate those products here.\n\nIt affects farmers, vets, manufacturers, suppliers and anyone who registers, sells or handles these chemicals — ensuring a uniform national regime, federal decision‑review rights, Commonwealth fee collection, and federal prosecution and gene‑technology processes apply in Queensland."}},"importantCases":[],"_links":{"self":"/api/acts/agricultural-and-veterinary-chemicals-queensland-act-1994","history":"/api/acts/agricultural-and-veterinary-chemicals-queensland-act-1994/history","analysis":"/api/acts/agricultural-and-veterinary-chemicals-queensland-act-1994/analysis","conflicts":"/api/acts/agricultural-and-veterinary-chemicals-queensland-act-1994/conflicts","importantCases":"/api/acts/agricultural-and-veterinary-chemicals-queensland-act-1994/important-cases","documents":"/api/acts/agricultural-and-veterinary-chemicals-queensland-act-1994/documents"}}