{"id":"agricultural-and-veterinary-chemicals-south-australia-act-1994","name":"Agricultural and Veterinary Chemicals (South Australia) Act 1994","slug":"agricultural-and-veterinary-chemicals-south-australia-act-1994","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31502,"registerId":"sa-agricultural-and-veterinary-chemicals-south-australia-act-1994-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Agricultural and Veterinary Chemicals (South Australia) Act 1994","content":"South Australia\nAgricultural and Veterinary Chemicals (South Australia) Act 1994\nAn Act to apply certain laws of the Commonwealth relating to agricultural and veterinary chemical products as laws of South Australia; and for other purposes.\n\nContents\nPreamble\nPart 1—Preliminary\n1\tShort title\n3\tDefinitions\n4\tJervis Bay Territory\nPart 2—The Agvet Code, and the Agvet Regulations, of this jurisdiction\n5\tApplication of Agvet Code in this jurisdiction\n6\tApplication of Agvet Regulations in this jurisdiction\n7\tInterpretation of Agvet Code and Agvet Regulations of this jurisdiction\n8\tAncillary offences (aiding, abetting, accessories, attempts, incitement or conspiracy)\nPart 3—Citing the Agvet Codes, and the Agvet Regulations, of other jurisdictions\n9\tReferences to Agvet Codes and Agvet Regulations of other jurisdictions\n10\tReferences to Agvet Codes and Agvet Regulations\nPart 4—Application of Agvet Codes to the Crown\n11\tAgvet Code of this jurisdiction\n12\tAgvet Code of other jurisdictions\n13\tCrown not liable to prosecution\n14\tThis Part overrides the prerogative\nPart 5—Application of Commonwealth administrative laws to Agvet Code and Agvet Regulations of this jurisdiction\n15\tObject\n16\tApplication of Commonwealth administrative laws in relation to applicable provisions\n17\tFunctions and powers conferred on Commonwealth officers and authorities\n18\tReference in Commonwealth administrative law to a provision of another law\n18A\tConstruction of references to Part 7 of Administrative Review Tribunal Act (Cwth)\nPart 7—The National Registration Authority for Agricultural and Veterinary Chemicals\n21\tConferral of functions and powers on NRA\n22\tAgreements and arrangements\n23\tConferral of other functions and powers for purposes of law in this jurisdiction\n23A\tConsultation with Gene Technology Regulator\n24\tCommonwealth Minister may give directions in exceptional circumstances\nPart 8—Miscellaneous\n25\tOrders\n26\tManufacturing principles\n27\tDelegation\n28\tConferral of powers on State officers\n28A\tInspectors and analysts\n28B\tValidation of actions of inspectors and analysts\n29\tApplication of fees and taxes\n30\tDocuments or substances held by previous registering authority may be given to NRA\n31\tExemptions from liability for damages\n32\tRegulations\n33\tEligible laws\n33A\tTransitional provision—Agricultural and Veterinary Chemicals (South Australia) (Administrative Actions) Amendment Act 2002\nPart 9—Imposition of fees and taxes\n34\tFees (including taxes)\nPart 10—Conferral of functions on Commonwealth Director of Public Prosecutions\n35\tConferral of functions on Commonwealth Director of Public Prosecutions\nPart 11—Relationship with other State laws\n36\tRelationship with other State laws\nLegislative history\n\n\nPreamble\nRecognising:\n\t(a)\tthat the protection of the health and safety of human beings, animals and the environment is essential to the well-being of society and can be enhanced by putting in place a system to regulate agricultural chemical products and veterinary chemical products; and\n\t(b)\tthat the principle of ecologically sustainable development requires a regulatory system that is designed to ensure that the use of such products today will not impair the prospects of future generations; and\n\t(c)\tthat the furthering of trade and commerce between Australia and places outside Australia, and the present and future economic viability and competitiveness of primary industry and of a domestic industry for manufacturing and formulating such products, are essential for the well-being of the economy and require a system for regulating such products that is cost effective, efficient, predictable, adaptive and responsive; and\n\t(d)\tthat it is desirable to establish a regulatory system that is open and accountable and gives opportunity for public input with respect to the regulation of such products; and\n\t(e)\tthat the system should, so far as practicable, be uniform throughout Australia; and\n\t(f)\tthat uniformity could best be achieved by the enactment of legislation by the Parliament of the Commonwealth as a law for the government of the Australian Capital Territory and the adoption of that legislation by the Parliaments and legislatures of the States and the Northern Territory:\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the Agricultural and Veterinary Chemicals (South Australia) Act 1994.\n3—Definitions\n\t(1)\tIn this Act—\nAgricultural and Veterinary Chemicals Act means the Agricultural and Veterinary Chemicals Act 1994 of the Commonwealth;\nAgricultural and Veterinary Chemicals (Administration) Act means the Agricultural and Veterinary Chemicals (Administration) Act 1992 of the Commonwealth;\nAgricultural and Veterinary Chemicals Code Act means the Agricultural and Veterinary Chemicals Code Act 1994 of the Commonwealth;\nAgvet Code of South Australia means the provisions applying because of section 5;\nAgvet Regulations of South Australia means the provisions applying because of section 6;\napplicable provision, in relation to a jurisdiction, means a provision of—\n\t(a)\tthe Agvet Code of that jurisdiction; or\n\t(b)\tthe Agvet Regulations of that jurisdiction; or\n\t(c)\ta law of the Commonwealth that applies in that jurisdiction in relation to a provision of or offence against the Agvet Code or Agvet Regulations of that jurisdiction;\nauthority, in relation to the Commonwealth, has the meaning given in the Agricultural and Veterinary Chemicals Act;\nCommonwealth administrative laws means—\n\t(a)\tthe following Acts:\n\t(i)\tthe Administrative Review Tribunal Act 2024 of the Commonwealth (excluding Part 7);\n\t(iii)\tthe Freedom of Information Act 1982 of the Commonwealth;\n\t(iv)\tthe Ombudsman Act 1976 of the Commonwealth;\n\t(v)\tthe Privacy Act 1988 of the Commonwealth; and\n\t(b)\tthe regulations in force under those Acts;\nCommonwealth ancillary criminal laws has the meaning given by section 8;\nCommonwealth Minister means the Minister within the meaning of the Agvet Code of the participating Territories;\nconfer includes impose;\ncorresponding Act means an Act of another jurisdiction that corresponds to this Act;\ncorresponding law means—\n\t(a)\ta corresponding Act; or\n\t(b)\tregulations made under a corresponding Act; or\n\t(c)\tthe Agvet Code, Agvet Regulations, or another applicable provision, of another jurisdiction; or\n\t(d)\trules of court made under a corresponding Act;\nfunction includes a duty;\ninstrument means any document whatever, including—\n\t(a)\tan Act or an instrument made under an Act; or\n\t(b)\ta law of this jurisdiction or an instrument made under such a law; or\n\t(c)\tan award or other industrial determination or order, or an industrial agreement; or\n\t(d)\tany other order (whether executive, judicial or otherwise); or\n\t(e)\ta notice, certificate or licence; or\n\t(f)\tan agreement; or\n\t(g)\tan application made, information or complaint laid, affidavit sworn, or warrant issued, for any purpose; or\n\t(h)\tan indictment, presentment, summons or writ; or\n\t(i)\tany other pleading in, or process issued in connection with, a legal or other proceeding;\njurisdiction means a State or the participating Territories;\nlaw, in relation to a participating Territory, means a law of, or in force in, that Territory;\nNRA means the National Registration Authority for Agricultural and Veterinary Chemicals established by the Agricultural and Veterinary Chemicals (Administration) Act;\nofficer, in relation to the Commonwealth, has the meaning given in the Agricultural and Veterinary Chemicals Act;\nparticipating Territory means—\n\t(a)\tthe Australian Capital Territory; or\n\t(b)\tanother Territory that is declared by regulations in force under section 25 of the Agricultural and Veterinary Chemicals Act to be a participating Territory;\nState includes the Northern Territory of Australia;\nTerritory means a Territory referred to in section 122 of the Constitution of the Commonwealth, other than the Northern Territory of Australia, Norfolk Island, the Territory of Christmas Island or the Territory of Cocos (Keeling) Islands;\nthis jurisdiction means South Australia.\n\t(2)\tIn this Act, a reference to a Commonwealth Act includes a reference to—\n\t(a)\tthat Commonwealth Act as amended and in force for the time being; and\n\t(b)\tan Act enacted in substitution for that Act.\n4—Jervis Bay Territory\nFor the purposes of this Act, and the Agvet Code and the Agvet Regulations of this jurisdiction, the Jervis Bay Territory is taken to be part of the Australian Capital Territory.\nPart 2—The Agvet Code, and the Agvet Regulations, of this jurisdiction\n5—Application of Agvet Code in this jurisdiction\nThe Code set out in the Schedule to the Agricultural and Veterinary Chemicals Code Act as in force for the time being—\n\t(a)\tapplies as a law of South Australia; and\n\t(b)\tas so applying, may be cited as the Agvet Code of South Australia.\n6—Application of Agvet Regulations in this jurisdiction\nThe regulations in force for the time being under section 6 of the Agricultural and Veterinary Chemicals Code Act—\n\t(a)\tapply as regulations in force for the purposes of the Agvet Code of South Australia; and\n\t(b)\tas so applying, may be referred to as the Agvet Regulations of South Australia.\n7—Interpretation of Agvet Code and Agvet Regulations of this jurisdiction\n\t(1)\tIn the Agvet Code, and the Agvet Regulations, of this jurisdiction—\nthe Minister for this jurisdiction means the Minister;\nthis jurisdiction means South Australia.\n\t(2)\tSubject to Part 1 of the Agvet Code of this jurisdiction, the Acts Interpretation Act 1901 of the Commonwealth as in force for the time being applies as a law of this jurisdiction to—\n\t(a)\tthe Agvet Code, and the Agvet Regulations, of this jurisdiction; and\n\t(b)\tany instrument made, granted or issued under that Code or those Regulations.\n\t(3)\tFor the purposes of subsection (2), the Commonwealth Act mentioned in that subsection applies as if—\n\t(a)\tthe Agvet Code of this jurisdiction were a Commonwealth Act; and\n\t(b)\tthe Agvet Regulations of this jurisdiction or instruments mentioned in that subsection were regulations or instruments made under a Commonwealth Act.\n\t(4)\tThe Acts Interpretation Act 1915 does not apply to—\n\t(a)\tthe Agvet Code, or the Agvet Regulations, of South Australia; or\n\t(b)\tany instrument made, granted or issued under that Code or those Regulations.\n8—Ancillary offences (aiding, abetting, accessories, attempts, incitement or conspiracy)\n\t(1)\tIn this section—\nCommonwealth ancillary criminal laws means—\n\t(a)\tsection 5, 6, 7 or 7A of the Crimes Act 1914 of the Commonwealth; or\n\t(b)\tsection 86(1) of that Act.\n\t(2)\tThe Commonwealth ancillary criminal laws apply as laws of this jurisdiction in relation to an offence against the Agvet Code, or the Agvet Regulations, of this jurisdiction, and so apply—\n\t(a)\tas if a reference in the laws to a law of the Commonwealth were a reference to that Code or those Regulations; and\n\t(b)\tto the exclusion of laws of this jurisdiction to the same or a similar effect.\n\t(3)\tIn the Agvet Code, or the Agvet Regulations, of this jurisdiction, a reference to an offence against that Code or those Regulations includes a reference to a related offence against the Commonwealth ancillary criminal laws.\nPart 3—Citing the Agvet Codes, and the Agvet Regulations, of other jurisdictions\n9—References to Agvet Codes and Agvet Regulations of other jurisdictions\n\t(1)\tThis section has effect for the purposes of an Act, a law of this jurisdiction or an instrument made under an Act or such a law.\n\t(2)\tIf 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 that jurisdiction, the Agvet Code of that jurisdiction is the Agvet Code so set out, applying as a law of that jurisdiction.\n\t(3)\tIf a law of a jurisdiction other than this jurisdiction provides that the regulations in force for the time being under section 6 of the Agricultural and Veterinary Chemicals Code Act apply as regulations in force for the purposes of the Agvet Code of that jurisdiction, the Agvet Regulations of that jurisdiction are those regulations as so applying.\n10—References to Agvet Codes and Agvet Regulations\n\t(1)\tThe object of this section is to help ensure that the Agvet Code of this jurisdiction can operate, in appropriate circumstances, as if that Code, together with the Agvet Code of each other jurisdiction, constituted a single national Agvet Code applying throughout Australia.\n\t(2)\tSubject to this section, a reference in an instrument to the Agvet Codes, or to the Agvet Regulations, is taken, for the purposes of the laws of this jurisdiction—\n\t(a)\tto be a reference to the Agvet Code, or to the Agvet Regulations, of this jurisdiction; and\n\t(b)\tto include a separate reference to the Agvet Code, or to the Agvet Regulations, of each other jurisdiction.\n\t(3)\tSubsection (2) has effect except so far as the contrary intention appears in the instrument or the context of the reference otherwise requires.\nPart 4—Application of Agvet Codes to the Crown\n11—Agvet Code of this jurisdiction\nThe Agvet Code of this jurisdiction binds the Crown in right of this jurisdiction and, so far as the legislative power of Parliament permits, the Crown in all its other capacities.\n12—Agvet Code of other jurisdictions\nThe Agvet Code of each jurisdiction other than this jurisdiction binds the Crown in right of this jurisdiction.\n13—Crown not liable to prosecution\nNothing in this Part, or in the Agvet Code of this jurisdiction, renders the Crown in any capacity liable to be prosecuted for an offence.\n14—This Part overrides the prerogative\nIf, because of this Part, a provision of the law of another jurisdiction binds the Crown in right of this jurisdiction, the Crown in that right is subject to that provision despite any prerogative right or privilege.\nPart 5—Application of Commonwealth administrative laws to Agvet Code and Agvet Regulations of this jurisdiction\n15—Object\nThe object of this Part is to help ensure that the Agvet Code of this jurisdiction and the Agvet Code of each other jurisdiction are administered on a uniform basis.\n16—Application of Commonwealth administrative laws in relation to applicable provisions\n\t(1)\tThe Commonwealth administrative laws apply as laws of this jurisdiction to any matter arising in relation to the applicable provisions of this jurisdiction as if those provisions were laws of the Commonwealth and were not laws of this jurisdiction.\n\t(2)\tThe provisions of the Agvet Code of this jurisdiction that require the NRA to give brief particulars of reasons for decisions do not affect the obligations of the NRA under section 268 of the Administrative Review Tribunal Act 2024 of the Commonwealth as that section applies as a law of this jurisdiction under subsection (1) of this section.\n\t(3)\tThe 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 of the Commonwealth as that Act applies as a law of this jurisdiction under subsection (1) of this section.\n\t(4)\tFor the purposes of a law of this jurisdiction, a matter arising in relation to the applicable provisions of this jurisdiction—\n\t(a)\tis taken to be a matter arising in relation to laws of the Commonwealth in the same way as if those provisions were laws of the Commonwealth; and\n\t(b)\tis taken not to be a matter arising in relation to laws of this jurisdiction.\n\t(5)\tSubsection (4) has effect for the purposes of a law of this jurisdiction except as prescribed by regulations under section 32.\n17—Functions and powers conferred on Commonwealth officers and authorities\n\t(1)\tA 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\t(2)\tIn performing a function or exercising a power conferred by 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.\n18—Reference in Commonwealth administrative law to a provision of another law\nFor the purposes of 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 that provision as applying because of that section.\n18A—Construction of references to Part 7 of Administrative Review Tribunal Act (Cwth)\nFor the purposes of section 16, a reference in a provision of the Administrative Review Tribunal Act 2024 of the Commonwealth (as that provision applies as a law of this jurisdiction) to the whole or any part of Part 7 of that Act is taken to be a reference to the whole or any part of that Part as it has effect as a law of the Commonwealth.\nPart 7—The National Registration Authority for Agricultural and Veterinary Chemicals\n21—Conferral of functions and powers on NRA\n\t(1)\tThe NRA has the functions and powers conferred or expressed to be conferred on it under this Act or the Agvet Code of this jurisdiction.\n\t(2)\tIn addition to the powers mentioned in subsection (1), the NRA has power to do all things necessary or convenient to be done in connection with the performance of the functions referred to in subsection (1) and, in particular may—\n\t(a)\tenter into contracts; and\n\t(b)\tacquire, hold and dispose of real and personal property; and\n\t(c)\toccupy, 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 NRA; and\n\t(d)\tappoint agents and attorneys, and act as agent for other persons; and\n\t(e)\tdo anything incidental to any of its powers.\n22—Agreements and arrangements\n\t(1)\tThe 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 NRA as an agent of the State.\n\t(2)\tThe NRA has the functions and powers mentioned in the agreement or arrangement.\n23—Conferral of other functions and powers for purposes of law in this jurisdiction\nThe NRA has power to do acts in this jurisdiction in the performance or exercise of any function or power—\n\t(a)\texpressed 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\t(b)\treferred to in an agreement or arrangement made under a provision of an Act of a jurisdiction other than this jurisdiction corresponding to section 22.\n23A—Consultation with Gene Technology Regulator\n\t(1)\tA duty imposed or a function or power conferred on the NRA under section 8A of the Agricultural and Veterinary Chemicals (Administration) Act in respect of 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 that section applies accordingly.\n\t(2)\tIf the NRA gives the Regulator within the meaning of the Gene Technology Act 2001 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 NRA about the application, reconsideration or issue.\n\t(3)\tThe advice is to be given within the period specified in the notice.\n\t(4)\tA 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.\n24—Commonwealth Minister may give directions in exceptional circumstances\nThe power of the Commonwealth Minister to give directions to the NRA under section 10 of the Agricultural and Veterinary Chemicals (Administration) Act extends to giving directions in relation to functions and powers of the NRA conferred under the applicable provisions of this jurisdiction, and the section applies accordingly.\nPart 8—Miscellaneous\n25—Orders\nOrders in force for the time being under section 7 of the Agricultural and Veterinary Chemicals Code Act 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.\n26—Manufacturing principles\nSubject to the Agvet Code, and the Agvet Regulations, of this jurisdiction, the manufacturing principles in force for the time being under section 23 of the Agricultural and Veterinary Chemicals Act also have effect for the purposes of Part 8 of that Code.\n27—Delegation\nThe power of delegation of the Commonwealth Minister under section 71 of the Agricultural and Veterinary Chemicals (Administration) Act extends to the powers that are expressed to be conferred on the Commonwealth Minister under this Act or the Agvet Code of this jurisdiction, and the section applies accordingly.\n28—Conferral of powers on State officers\n\t(1)\tIf an officer of a Department, administrative unit or authority is authorised, under section 69F of the Agricultural and Veterinary Chemicals (Administration) Act, by the Chief Executive Officer of the NRA to exercise the powers or perform the functions of an inspector for the purposes of a particular relevant law those powers and functions are conferred on that officer.\n\t(2)\tPowers and functions conferred as referred to in subsection (1) are to be exercised or performed in accordance with 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\t(3)\tWords and expressions used in this section have the same meanings as they have in section 69F of the Agricultural and Veterinary Chemicals (Administration) Act.\n28A—Inspectors and analysts\n\t(1)\tIn this section—\nofficer means—\n\t(a)\tan inspector appointed under section 69F(1) of the Agricultural and Veterinary Chemicals (Administration) Act; or\n\t(b)\tan analyst approved under section 69G of the Agricultural and Veterinary Chemicals (Administration) Act.\n\t(2)\tAn officer has, in respect of 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.\n28B—Validation of actions of inspectors and analysts\n\t(1)\tIn this section—\nofficer has the same meaning as in section 28A;\nrelevant provision means section 5 of the Agricultural and Veterinary Chemicals (South Australia) (Administrative Actions) Amendment Act 2002;\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.\n\t(2)\tAnything done or omitted to be done by an officer before the commencement of the relevant provision that would have been validly done or omitted had the relevant provision commenced 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 provision had commenced before the relevant time.\n\t(3)\tPart 2 of the Co-operative Schemes (Administrative Actions) Act 2001 applies to administrative actions taken by an officer as affected by this section.\n29—Application of fees and taxes\nAll fees, taxes and other money (other than penalties and fines) that, under the applicable provisions of this jurisdiction, are authorised or directed to be payable by or imposed on any person must be paid to the Commonwealth.\n30—Documents or substances held by previous registering authority may be given to NRA\nDespite anything in any other law of this jurisdiction, any authority of this jurisdiction that, immediately before the commencement of this Act, 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 NRA any documents or substances in its possession or custody that were received by it in the performance of those functions or otherwise relate to the performance of those functions.\n31—Exemptions from liability for damages\n\t(1)\tNo action, suit or other proceeding for damages lies against the State or a person who is or has been a co-ordinator of this jurisdiction for any loss or injury directly or indirectly suffered as a result of—\n\t(a)\tthe handling of an approved active constituent for a proposed or existing chemical product; or\n\t(b)\tthe handling of a registered chemical product; or\n\t(c)\tthe handling of an active constituent for a proposed or existing chemical product, or of a chemical product, in respect of which a permit or exemption has been issued or given by the NRA; or\n\t(d)\tan inability to use, or to use in a particular manner, an active constituent for a proposed or existing chemical product—\n\t(i)\tbecause an approval, permit or exemption permitting its use, or permitting its use in that manner, has been refused by the NRA or such an approval, permit or exemption that was previously granted by the NRA has been suspended or cancelled; or\n\t(ii)\tbecause its use, or its use in that manner, is precluded by the conditions of an approval, permit or exemption; or\n\t(e)\tan inability to use, or to use in a particular manner, a chemical product—\n\t(i)\tbecause a registration, permit or exemption permitting its use, or permitting its use in that manner, has been refused by the NRA or such a registration, permit or exemption that was previously granted by the NRA has been suspended or cancelled; or\n\t(ii)\tbecause its use, or its use in that manner, is precluded by the conditions of a registration, permit or exemption; or\n\t(f)\tthe carrying out of a step in the manufacture of a chemical product in respect of which a licence has been issued by the NRA; or\n\t(g)\tan inability to carry out, or to carry out in a particular manner or at particular premises, a step in the manufacture of a chemical product—\n\t(i)\tbecause a licence to carry out that step, or to carry out that step in that manner or at those premises, has been refused by the NRA or such a licence that was previously granted by the NRA has been suspended or cancelled; or\n\t(ii)\tbecause the carrying out of that step, or the carrying out of that step in that manner or at those premises, is precluded by the conditions of a licence.\n\t(2)\tIf an action, suit or other proceeding is brought against a person responsible for the importation, manufacture, supply or handling of—\n\t(a)\tan approved active constituent for a proposed or existing chemical product; or\n\t(b)\ta registered chemical product; or\n\t(c)\tan active constituent for a proposed or existing chemical product, or a chemical product, in respect of which the NRA has issued a permit or given an exemption; or\n\t(d)\ta chemical product in respect of a step in the manufacture of which the NRA has issued a licence,\nin relation to any loss or injury directly or indirectly suffered because of the importation, manufacture, supply or handling of the constituent or product, it is not a defence to that action, suit or other proceeding that the NRA had approved the constituent, registered the product, issued a permit or given an exemption in relation to the constituent or the product, or issued a licence in relation to a step in the manufacture of the product.\n\t(3)\tExpressions used in this section have the same meanings as in the Agvet Code of this jurisdiction.\n32—Regulations\nThe Governor may make regulations for or with respect to any matter that is required or permitted by this Act to be prescribed.\n33—Eligible laws\nThe regulations may—\n\t(a)\tdeclare a law, or a provision of a law, to be an eligible law for the purposes of the definition of permit in section 109 of the Agvet Code of this jurisdiction; and\n\t(b)\tpermit the holder of such a permit to do or to refrain from doing something that would otherwise be an offence against an eligible law.\n33A—Transitional provision—Agricultural and Veterinary Chemicals (South Australia) (Administrative Actions) Amendment Act 2002\n\t(1)\tIn this section—\nsubstitution provision means section 4 of the Agricultural and Veterinary Chemicals (South Australia) (Administrative Actions) Amendment Act 2002.\n\t(2)\tPart 5 of this Act, as substituted by the substitution provision, 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 in respect of such matters, before, on or after the commencement of the substitution provision.\nPart 9—Imposition of fees and taxes\n34—Fees (including taxes)\nThis section imposes the fees (including fees that are taxes) that the Agvet Regulations of this jurisdiction prescribe.\nPart 10—Conferral of functions on Commonwealth Director of Public Prosecutions\n35—Conferral of functions on Commonwealth Director of Public Prosecutions\nThe Director of Public Prosecutions of the Commonwealth (the Director) may—\n\t(a)\tinstitute prosecutions on indictment for indictable offences against the Agvet Code, or the Agvet Regulations, of this jurisdiction; and\n\t(b)\tcarry on prosecutions of the kind referred to in paragraph (a) (except prosecutions instituted by the Attorney-General or the Director of Public Prosecutions of the State), whether or not instituted by the Director; and\n\t(c)\tif the Attorney-General or the Director of Public Prosecutions of the State requests the Director in writing to carry on a prosecution of the kind referred to in paragraph (a) that was instituted by the Attorney-General or the Director of Public Prosecutions of the State—carry on the prosecution; and\n\t(d)\tinstitute proceedings for the commitment of persons for trial in respect of indictable offences against the Agvet Code, or the Agvet Regulations, of this jurisdiction; and\n\t(e)\tinstitute proceedings for the summary conviction of persons in respect of offences against the Agvet Code, or the Agvet Regulations, of this jurisdiction; and\n\t(f)\tcarry on proceedings of a kind referred to in paragraph (d) or (e) (whether or not instituted by the Director); and\n\t(g)\tdo anything incidental or conducive to the performance of any of the functions referred to in paragraphs (a) to (f).\nPart 11—Relationship with other State laws\n36—Relationship with other State laws\n\t(1)\tIn this section—\nAgvet Code means the Agvet Code of this jurisdiction and includes the Agvet Regulations of this jurisdiction.\n\t(2)\tDespite any other provision of this Act or the Agvet Code, the regulations may provide—\n\t(a)\tthat a specified law of the State has effect despite the Agvet Code, or a specified provision of the Agvet Code; or\n\t(b)\tthat the Agvet Code, or a specified provision of the Agvet Code, applies as a law of South Australia with modifications prescribed by the regulations; or\n\t(c)\tthat a specified provision of the Agvet Code that would otherwise apply by virtue of Part 2 does not apply as a law of the State.\n\t(3)\tA regulation under subsection (2)(b) or (c) may, if the regulation so provides, have retrospective effect from the day on which the relevant provision of the Agvet Code applied (or would otherwise apply) in South Australia.\n\t(4)\tHowever, to the extent that a regulation takes effect under subsection (3) from a date that is earlier than the date of its publication in the Gazette, the regulation does not operate so as—\n\t(a)\tto affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication; or\n\t(b)\tto impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of the publication.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation amended by principal Act\nThe Agricultural and Veterinary Chemicals (South Australia) Act 1994 amended the following:\nAgricultural Chemicals Act 1955\nStock Foods Act 1941\nStock Medicines Act 1939\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n1994\n47\nAgricultural and Veterinary Chemicals (South Australia) Act 1994\n9.6.1994\n1.7.1994 (Gazette 30.6.1994 p1841) except ss 3—36 and Sch cll 1(a), 2 & 3—15.3.1995 (Gazette 23.2.1995 p674)\n2000\n74\nStatutes Amendment (Federal Courts—State Jurisdiction) Act 2000\n14.12.2000\nPt 2 (ss 4—8)—28.1.2001 (Gazette 25.1.2001 p301)\n2001\n62\nGene Technology Act 2001\n6.12.2001\n1.2.2002 (Gazette 15.1.2002 p184)\n2002\n3\nAgricultural and Veterinary Chemicals (South Australia) (Administrative Actions) Amendment Act 2002\n25.7.2002\n30.8.2002 (Gazette 22.8.2002 p3100)\n2002\n9\nAgricultural and Veterinary Products (Control of Use) Act 2002\n29.8.2002\nSch (cl 4)—29.8.2004 (s 7(5) Acts Interpretation Act 1915)\n2025\n54\nStatutes Amendment (Administrative Review Tribunal) Act 2025\n20.11.2025\nPt 2 (ss 3 to 5)—20.11.2025: s 2\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nPt 1\n\n\ns 2\nomitted under Legislation Revision and Publication Act 2002\n29.8.2004\ns 3\n\n\ns 3(1)\n\n\nCommonwealth administrative laws\namended by 74/2000 s 4(a)\n28.1.2001\n\n(a)(ii) deleted by 74/2000 s 4(b)\n28.1.2001\n\namended by 54/2025 s 3\n20.11.2025\nconfer\ninserted by 3/2002 s 3(a)\n30.8.2002\nfunction\ninserted by 3/2002 s 3(b)\n30.8.2002\nPt 2\n\n\ns 8\n\n\ns 8(1)\namended by 74/2000 s 5\n28.1.2001\nPt 5\namended by 74/2000 ss 6, 7\n28.1.2001\n\nsubstituted by 3/2002 s 4\n30.8.2002\ns 16\n\n\ns 16(2)\namended by 54/2025 s 4\n20.11.2025\ns 18A\nsubstituted by 54/2025 s 5\n20.11.2025\nPt 6\ndeleted by 74/2000 s 8\n28.1.2001\nPt 7\n\n\ns 23A\ninserted by 62/2001 Sch\n1.2.2002\nPt 8\n\n\nss 28A and 28B\ninserted by 3/2002 s 5\n30.8.2002\ns 33\nsubstituted by 9/2002 Sch cl 4\n29.8.2004\ns 33A\ninserted by 3/2002 s 6\n30.8.2002\nSch\nomitted under Legislation Revision and Publication Act 2002\n29.8.2004\nHistorical versions\nReprint No 1—28.1.2001\n\nReprint No 2—1.2.2002\n\nReprint No 3—30.8.2002\n\n29.8.2004\n\n","sortOrder":0}],"analysis":{"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on general knowledge, this Act has remained consistent with its original purpose as a referral mechanism to enable the national agricultural and veterinary chemicals regulatory scheme to operate in South Australia. No scope change can be confirmed or denied from the retrieved content, as the text was unavailable."},"complexity_factors":["Actual legislative text was not retrievable due to a broken URL — full complexity cannot be properly assessed","The Act is generally understood to be a short referral statute, delegating regulatory power to the Commonwealth rather than establishing its own detailed regime","Referral mechanisms in cooperative Commonwealth-State schemes can involve some constitutional complexity, but the operative provisions of this type of Act are typically brief","The substantive complexity lies in the Commonwealth agvet chemicals legislation (APVMA framework), not this Act itself"],"plain_english_summary":"The Agricultural and Veterinary Chemicals (South Australia) Act 1994 is a referral law that hands South Australia’s regulatory power over pesticides, herbicides and veterinary medicines to the Commonwealth. That means agvet chemicals in SA are governed by the national scheme administered by the APVMA rather than a separate state system.\n\nIt affects farmers, veterinarians, suppliers and businesses that manufacture, import or sell agvet chemicals in South Australia."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act's scope has been modified by later amendments that reshaped administrative procedures and inter‑governmental links. Key changes include substitution of Part 5 to change how Commonwealth administrative laws apply (Agricultural and Veterinary Chemicals (South Australia) (Administrative Actions) Amendment Act 2002; see legislative history and s16), insertion of consultation with the Gene Technology Regulator (s23A, inserted 2001), addition and validation of inspector/analyst powers (ss28A–28B, inserted 2002), and updates to the list and construction of Commonwealth administrative laws (amendments noted 2000 and 2025 in the legislative history and s3/s16/s18A). These amendments broadened Commonwealth procedural control and added transitional and validation provisions."},"complexity_factors":["Incorporation by reference of a separate Commonwealth Code and Regulations into state law, creating many cross-references (ss5–6,9–10).","Application of Commonwealth administrative laws to state matters, treating Agvet matters as if Commonwealth laws (s16) and conferring corresponding powers (s17).","Conferral of extensive operational powers on the NRA and ability to enter agreements with Commonwealth Ministers, expanding non-state decision‑makers' roles (ss21–22).","Overlap between state Crown binding and retained Crown immunity from prosecution, plus override of prerogative rights (ss11–14).","Financial routing: fees and taxes authorised under the Agvet provisions are payable to the Commonwealth, not the State (ss29,34).","Inspection, analyst powers and retrospective validation of past actions (ss28,28A,28B).","Delegation and direction powers enabling Commonwealth Ministerial directions in exceptional circumstances (s24) and delegation regimes (s27).","Conferral of prosecutorial functions on the Commonwealth DPP for state Agvet offences (s35).","Regulation‑making powers that may modify or displace parts of the Agvet Code for the State, including possible retrospective effect subject to limits (s32,36).","Multiple amendment history items that alter core administrative arrangements (legislative history and notes)."],"plain_english_summary":"This Act adopts the Commonwealth Agricultural and Veterinary Chemicals Code and its regulations as laws of South Australia, so national registration, permits, manufacturing standards and enforcement operate under the Agvet Code and the National Registration Authority (NRA) (ss5–6,21). It applies Commonwealth administrative procedures to Agvet decisions (s16), requires fees and taxes under the Agvet regime to be paid to the Commonwealth (ss29,34), and authorises Commonwealth ministers, the NRA and the Commonwealth DPP to exercise powers and bring prosecutions in South Australia (ss24,21,35)."},"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"},"issue_detection":{"absurdities":[],"contradictions":[]},"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 national agvet chemicals regulatory scheme. While it has been amended over time (notably to update administrative review mechanisms and add gene technology consultation requirements), these changes reflect evolutionary updates to the national scheme rather than scope creep. The core function—applying Commonwealth chemical regulation as state law—has remained consistent since 1994."},"complexity_factors":["Extensive cross-referencing to multiple Commonwealth Acts (Agricultural and Veterinary Chemicals Act 1994, Agricultural and Veterinary Chemicals (Administration) Act 1992, Agricultural and Veterinary Chemicals Code Act 1994, plus administrative laws like the Administrative Review Tribunal Act 2024)","Application of external codes and regulations that are not contained within the Act itself but are 'picked up' and applied as state law","Complex machinery provisions for binding the Crown across different jurisdictions and capacities","Multiple layers of delegation and conferral of functions between state and Commonwealth officers","Retrospective validation provisions (section 28B) and transitional provisions (section 33A) that create temporal complexity","Conditional application of laws with exceptions (e.g., section 36 allows regulations to override or modify the Agvet Code)","Dual application of criminal law (Commonwealth ancillary criminal laws applied as state law with specific modifications)","Interaction with gene technology regulation (section 23A) creating cross-regulatory complexity"],"plain_english_summary":"This Act is South Australia's piece of a national puzzle. It adopts Commonwealth laws about agricultural and veterinary chemicals—things like pesticides, herbicides, and animal medicines—and makes them apply in South Australia as if they were state laws.\n\n**What it does:**\n- **Adopts the national code**: It applies the Commonwealth's 'Agvet Code' (a detailed set of rules about registering, manufacturing, and supplying agvet chemicals) as a law of South Australia.\n- **Creates a single national system**: Instead of each state having different rules, this Act helps create one uniform system across Australia. Chemicals registered under this system can be used nationwide.\n- **Brings in Commonwealth administrative laws**: It applies federal laws about freedom of information, privacy, and review of government decisions to how the chemical regulator (the NRA—now called the Australian Pesticides and Veterinary Medicines Authority or APVMA) operates in SA.\n- **Sets up enforcement**: It allows Commonwealth prosecutors to handle serious criminal cases, and lets state officers act as inspectors.\n- **Protects the government from being sued**: It shields the state and its officials from being sued for damages if someone is harmed by an approved chemical, while making clear that NRA approval doesn't protect chemical companies from being sued.\n\n**Who it affects:**\n- Farmers and primary producers who use pesticides and veterinary medicines\n- Chemical manufacturers and suppliers\n- The APVMA (the national regulator that assesses and approves these products)\n- Anyone seeking review of regulatory decisions about chemical approvals\n\n**Why it matters:**\nBefore this system, each state had its own chemical registration process. This was expensive for businesses and created trade barriers. This Act is part of a national scheme that means a chemical approved in one state is approved in all, while still allowing South Australia to maintain some local control through regulations that can modify how the code applies locally."}},"importantCases":[],"_links":{"self":"/api/acts/agricultural-and-veterinary-chemicals-south-australia-act-1994","history":"/api/acts/agricultural-and-veterinary-chemicals-south-australia-act-1994/history","analysis":"/api/acts/agricultural-and-veterinary-chemicals-south-australia-act-1994/analysis","conflicts":"/api/acts/agricultural-and-veterinary-chemicals-south-australia-act-1994/conflicts","importantCases":"/api/acts/agricultural-and-veterinary-chemicals-south-australia-act-1994/important-cases","documents":"/api/acts/agricultural-and-veterinary-chemicals-south-australia-act-1994/documents"}}