{"id":"agricultural-and-veterinary-chemicals-victoria-act-1994","name":"Agricultural and Veterinary Chemicals (Victoria) Act 1994","slug":"agricultural-and-veterinary-chemicals-victoria-act-1994","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":28677,"registerId":"vic-agricultural-and-veterinary-chemicals-victoria-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 (Victoria) Act 1994","content":"Version No. 026\n\n**Agricultural and Veterinary Chemicals (Victoria) Act 1994**\n\n**No. 73 of 1994**\n\nVersion incorporating amendments as at  \n22 October 2025\n\n**table of provisions**\n\n*Section Page*\n\nPart 1—Preliminary 2\n\n1 Purpose 2\n\n2 Commencement 2\n\n3 Definitions 2\n\n4 Jervis Bay Territory 6\n\nPart 2—The Agvet Code, and the Agvet Regulations, of this jurisdiction 7\n\n5 Application of Agvet Code in this jurisdiction 7\n\n6 Application of Agvet Regulations in this jurisdiction 7\n\n7 Interpretation of Agvet Code and Agvet Regulations of this jurisdiction 7\n\n8 Ancillary offences (aiding, abetting, accessories, attempts, incitement or conspiracy) 8\n\nPart 3—Citing the Agvet Codes, and the Agvet Regulations, of other jurisdictions 10\n\n9 References to Agvet Codes and Agvet Regulations of other jurisdictions 10\n\n10 References to Agvet Codes and Agvet Regulations 10\n\nPart 4—Application of Agvet Codes to the Crown 12\n\n11 Agvet Code of this jurisdiction 12\n\n12 Agvet Code of other jurisdictions 12\n\n13 Crown not liable to prosecution 12\n\n14 This Part overrides the prerogative 12\n\nPart 5—Application of Commonwealth administrative laws to Agvet Code and Agvet Regulations of this jurisdiction 13\n\n15 Object 13\n\n16 Application of Commonwealth administrative laws in relation to applicable provisions 13\n\n17 Duties, functions and powers conferred on Commonwealth officers and authorities 14\n\n18 Reference in Commonwealth administrative law to a provision of another law 14\n\n18A Construction of references to Part 7 of Commonwealth ART Act 15\n\nPart 7—The National Registration Authority for Agricultural and Veterinary Chemicals 16\n\n21 Conferral of functions and powers on NRA 16\n\n22 Agreements and arrangements 16\n\n23 Conferral of other functions and powers for purposes of law in this jurisdiction 17\n\n23A Consultation with Gene Technology Regulator 17\n\n24 Commonwealth Minister may give directions in exceptional circumstances 18\n\nPart 8—Miscellaneous 19\n\n25 Orders 19\n\n26 Manufacturing principles 19\n\n27 Delegation 19\n\n28 Conferral of powers on State officers or employees 19\n\n28A Inspectors and analysts 20\n\n28B Validation of actions of inspectors and analysts 20\n\n29 Application of fees and taxes 21\n\n30 Documents or substances held by previous registering authority may be given to NRA 21\n\n31 Exemptions from liability for damages 22\n\n31A Supreme Court—limitation of jurisdiction 24\n\n32 Regulations 24\n\n33 Eligible laws 25\n\n33A Transitional provision—Agricultural and Veterinary Chemicals (Victoria) (Amendment) Act 2001 25\n\nPart 9—Imposition of fees and taxes 26\n\n34 Fees (including taxes) 26\n\nPart 10—Conferral of functions on Commonwealth Director of Public Prosecutions 27\n\n35 Conferral of functions on Commonwealth Director of Public Prosecutions 27\n\nPart 11—Relationship with other State laws 29\n\n36 Relationship with other State laws 29\n\nEndnotes 31\n\n1 General information 31\n\n2 Table of Amendments 33\n\n3 Explanatory details 35\n\n**Version No.** **026**\n\n**Agricultural and Veterinary Chemicals (Victoria) Act 1994**\n\n**No. 73 of 1994**\n\nVersion incorporating amendments as at  \n22 October 2025\n\n**Preamble**\n\nRecognising—\n\n(a) that 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\n(b) that 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\n(c) that 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\n(d) that 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\n(e) that the system should, so far as practicable, be uniform throughout Australia; and\n\n(f) that 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\n**The Parliament of Victoria therefore enacts as follows:**\n\nPart 1—Preliminary\n\n\t1 Purpose\n\nThe purpose of this Act is to apply certain laws of the Commonwealth relating to agricultural and veterinary chemical products as laws of Victoria.\n\n\t2 Commencement\n\n(1) Part 1 comes into operation on the day on which this Act receives the Royal Assent.\n\n(2) Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.\n\n(3) If a provision referred to in subsection (2) does not come into operation within the period of 12 months beginning on, and including, the day on which this Act receives the Royal Assent, it comes into operation on the first day after the end of that period.\n\n\t3 Definitions\n\n(1) In this Act—\n\n***Agricultural and Veterinary Chemicals Act*** means the Agricultural and Veterinary Chemicals Act 1994 of the Commonwealth;\n\n***Agricultural and Veterinary Chemicals (Administration) Act*** means the Agricultural and Veterinary Chemicals (Administration) Act 1992 of the Commonwealth;\n\n***Agricultural and Veterinary Chemicals Code Act*** means the Agricultural and Veterinary Chemicals Code Act 1994 of the Commonwealth;\n\n***Agvet Code of Victoria*** means the provisions applying because of section 5;\n\n***Agvet Regulations of Victoria*** means the provisions applying because of section 6;\n\n***applicable provision***, in relation to a jurisdiction, means a provision of—\n\n(a) the Agvet Code of that jurisdiction; or\n\n(b) the Agvet Regulations of that jurisdiction; or\n\n(c) a 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;\n\n***authority***, in relation to the Commonwealth, has the meaning given in the Agricultural and Veterinary Chemicals Act;\n\nS. 3(1) def. of *Common-wealth administrative laws* amended by Nos 22/2000 s. 3(1)(a)(b), 41/2025 s. 3(Sch. 1 item 4.1).\n\n***Commonwealth administrative laws*** means—\n\n(a) the following Acts—\n\n(i) the Administrative Review Tribunal Act 2024 of the Commonwealth (excluding Part 7);\n\n* * * * *\n\n(iii) the Freedom of Information Act 1982 of the Commonwealth;\n\n(iv) the Ombudsman Act 1976 of the Commonwealth;\n\n(v) the Privacy Act 1988 of the Commonwealth; and\n\n(b) the regulations in force under those Acts;\n\n***Commonwealth ancillary criminal laws*** has the meaning given by section 8;\n\n***Commonwealth Minister*** means ***the Minister*** within the meaning of the Agvet Code of the participating Territories;\n\nS. 3(1) def. of *confer* inserted by No. 39/2001 s. 4.\n\n***confer*** includes impose;\n\n***corresponding Act*** means an Act of another jurisdiction that corresponds to this Act;\n\n***corresponding law*** means—\n\n(a) a corresponding Act; or\n\n(b) regulations made under a corresponding Act; or\n\n(c) the Agvet Code, Agvet Regulations, or another applicable provision, of another jurisdiction; or\n\n(d) rules of court made under a corresponding Act;\n\nS. 3(1) def of *function* inserted by No. 39/2001 s. 4.\n\n***function*** includes a duty;\n\nS. 3(1) def. of *instrument* amended by Nos 68/2009 s. 97(Sch. item 6), 6/2018 s. 68(Sch. 2 item 4).\n\n***instrument*** means any document whatever, including—\n\n(a) an Act or an instrument made under an Act; or\n\n(b) a law of this jurisdiction or an instrument made under such a law; or\n\n(c) an award or other industrial determination or order, or an industrial agreement; or\n\n(d) any other order (whether executive, judicial or otherwise); or\n\n(e) a notice, certificate or licence; or\n\n(f) an agreement; or\n\n(g) an application made, information or complaint laid, charge-sheet filed, affidavit sworn or affirmed, or warrant issued, for any purpose; or\n\n(h) an indictment, summons or writ; or\n\n(i) any other pleading in, or process issued in connection with, a legal or other proceeding;\n\n***jurisdiction*** means a State or the participating Territories;\n\n***law***, in relation to a participating Territory, means a law of, or in force in, that Territory;\n\n***NRA*** means the National Registration Authority for Agricultural and Veterinary Chemicals established by the Agricultural and Veterinary Chemicals (Administration) Act;\n\n***officer***, in relation to the Commonwealth, has the meaning given in the Agricultural and Veterinary Chemicals Act;\n\n***participating Territory*** means—\n\n(a) the Australian Capital Territory; or\n\n(b) another Territory that is declared by regulations in force under section 25 of the Agricultural and Veterinary Chemicals Act to be a participating Territory;\n\n***State*** includes the Northern Territory of Australia;\n\n***Territory*** 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;\n\n***this jurisdiction*** means Victoria.\n\n(2) In this Act, a reference to a Commonwealth Act includes a reference to—\n\n(a) that Commonwealth Act as amended and in force for the time being; and\n\n(b) an Act enacted in substitution for that Act.\n\n\t4 Jervis Bay Territory\n\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.\n\nPart 2—The Agvet Code, and the Agvet Regulations, of this jurisdiction\n\n\t5 Application of Agvet Code in this jurisdiction\n\nThe Code set out in the Schedule to the Agricultural and Veterinary Chemicals Code Act as in force for the time being—\n\n(a) applies as a law of Victoria; and\n\n(b) as so applying, may be cited as the Agvet Code of Victoria.\n\n\t6 Application of Agvet Regulations in this jurisdiction\n\nThe regulations in force for the time being under section 6 of the Agricultural and Veterinary Chemicals Code Act—\n\n(a) apply as regulations in force for the purposes of the Agvet Code of Victoria; and\n\n(b) as so applying, may be referred to as the Agvet Regulations of Victoria.\n\n\t7 Interpretation of Agvet Code and Agvet Regulations of this jurisdiction\n\n(1) In the Agvet Code, and the Agvet Regulations, of this jurisdiction—\n\n***the Minister for this jurisdiction*** means the Minister;\n\n***this jurisdiction*** means Victoria.\n\n(2) Subject 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\n(a) the Agvet Code, and the Agvet Regulations, of this jurisdiction; and\n\n(b) any instrument made, granted or issued under that Code or those Regulations.\n\n(3) For the purposes of subsection (2), the Commonwealth Act mentioned in that subsection applies as if—\n\n(a) the Agvet Code of this jurisdiction were a Commonwealth Act; and\n\n(b) the Agvet Regulations of this jurisdiction or instruments mentioned in that subsection were regulations or instruments made under a Commonwealth Act.\n\n(4) The **Interpretation of Legislation Act 1984** does not apply to—\n\n(a) the Agvet Code, or the Agvet Regulations, of Victoria; or\n\n(b) any instrument made, granted or issued under that Code or those Regulations.\n\n\t8 Ancillary offences (aiding, abetting, accessories, attempts, incitement or conspiracy)\n\n(1) In this section, ***Commonwealth ancillary criminal laws*** means—\n\n(a) section 5, 6, 7 or 7A of the Crimes Act 1914 of the Commonwealth; or\n\nS. 8(1)(b) amended by No. 22/2000 s. 6.\n\n(b) section 86(1) of that Act.\n\n(2) The 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\n(a) as if a reference in the laws to a law of the Commonwealth were a reference to that Code or those Regulations; and\n\n(b) to the exclusion of laws of this jurisdiction to the same or a similar effect.\n\n(3) In 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.\n\nPart 3—Citing the Agvet Codes, and the Agvet Regulations, of other jurisdictions\n\n\t9 References to Agvet Codes and Agvet Regulations of other jurisdictions\n\n(1) This 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\n(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 that jurisdiction, the Agvet Code of that jurisdiction is the Agvet Code so set out, applying as a law of that jurisdiction.\n\n(3) If 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.\n\n\t10 References to Agvet Codes and Agvet Regulations\n\n(1) The 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\n(2) Subject 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\n(a) to be a reference to the Agvet Code, or to the Agvet Regulations, of this jurisdiction; and\n\n(b) to include a separate reference to the Agvet Code, or to the Agvet Regulations, of each other jurisdiction.\n\n(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\nPart 4—Application of Agvet Codes  \nto the Crown\n\n\t11 Agvet Code of this jurisdiction\n\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.\n\n\t12 Agvet Code of other jurisdictions\n\nThe Agvet Code of each jurisdiction other than this jurisdiction binds the Crown in right of this jurisdiction.\n\n\t13 Crown not liable to prosecution\n\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.\n\n\t14 This Part overrides the prerogative\n\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.\n\nPt 5  \n(Heading and ss 15–18) amended by No. 22/2000 ss 3(2), 4, substituted as Pt 5  \n(Heading and ss 15–18A) by No. 39/2001 s. 5.\n\nPart 5—Application of Commonwealth administrative laws to Agvet Code and Agvet Regulations of this jurisdiction\n\nS. 15  \nsubstituted by No. 39/2001 s. 5.\n\n\t15 Object\n\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.\n\nS. 16  \nsubstituted by No. 39/2001 s. 5.\n\n\t16 Application of Commonwealth administrative laws in relation to applicable provisions\n\n(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 those provisions were laws of the Commonwealth and were not laws of this jurisdiction.\n\nS. 16(2) amended by No. 41/2025 s. 3(Sch. 1 item 4.2).\n\n(2) The 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 269 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\n(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 of the Commonwealth as that Act applies as a law of this jurisdiction under subsection (1) of this section.\n\n(4) For the purposes of a law of this jurisdiction, a matter arising in relation to the applicable provisions of this jurisdiction—\n\n(a) is 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\n(b) is taken not to be a matter arising in relation to laws of this jurisdiction.\n\n(5) Subsection (4) has effect for the purposes of a law of this jurisdiction except as prescribed by regulations under section 32.\n\nS. 17  \nsubstituted by No. 39/2001 s. 5.\n\n\t17 Duties, functions and powers conferred on Commonwealth officers and authorities\n\n(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\n(2) In 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.\n\nS. 18  \nsubstituted by No. 39/2001 s. 5.\n\n\t18 Reference in Commonwealth administrative law to a provision of another law\n\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.\n\nS. 18A (Heading) amended by No. 41/2025 s. 3(Sch. 1 item 4.3).\n\nS. 18A  \nsubstituted by No. 39/2001 s. 5, amended by No. 41/2025 s. 3(Sch. 1 item 4.4).\n\n\t18A Construction of references to Part 7 of Commonwealth ART Act\n\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.\n\nPt 6  \n(Heading and ss 19, 20) repealed by No. 22/2000 s. 5.\n\n* * * * *\n\nPart 7—The National Registration Authority  \nfor Agricultural and Veterinary Chemicals\n\n\t21 Conferral of functions and powers on NRA\n\n(1) The 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\n(2) In 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\n(a) enter into contracts; and\n\n(b) acquire, hold and dispose of real and personal property; and\n\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 NRA; and\n\n(d) appoint agents and attorneys, and act as agent for other persons; and\n\n(e) do anything incidental to any of its powers.\n\n\t22 Agreements and arrangements\n\n(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 NRA as an agent of the State.\n\n(2) The NRA has the functions and powers mentioned in the agreement or arrangement.\n\n\t23 Conferral of other functions and powers for purposes of law in this jurisdiction\n\nThe NRA has power to do acts in this jurisdiction in the performance or exercise of any function or power—\n\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\n(b) referred to in an agreement or arrangement made under a provision of an Act of a jurisdiction other than this jurisdiction corresponding to section 22.\n\nS. 23A inserted by No. 67/2001 s. 195.\n\n\t23A Consultation with Gene Technology Regulator\n\n(1) A 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\n(2) If 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\n(3) The advice is to be given within the period specified in the notice.\n\n(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\n\t24 Commonwealth Minister may give directions in exceptional circumstances\n\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.\n\nPart 8—Miscellaneous\n\n\t25 Orders\n\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.\n\n\t26 Manufacturing principles\n\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.\n\n\t27 Delegation\n\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.\n\n\t28 Conferral of powers on State officers or employees\n\nS. 28(1) amended by Nos 46/1998 s. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 7).\n\n(1) If an employee in a public service body within the meaning of the **Public Administration Act 2004** or an officer or employee of an 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 or employee.\n\n(2) Powers 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\n(3) Words and expressions used in this section have the same meanings as they have in section 69F of the Agricultural and Veterinary Chemicals (Administration) Act.\n\nS. 28A inserted by No. 39/2001 s. 6.\n\n\t28A Inspectors and analysts\n\n(1) In this section—\n\n***officer*** means—\n\n(a) an inspector appointed under section 69F(1) of the Agricultural and Veterinary Chemicals (Administration) Act; or\n\n(b) an analyst approved under section 69G of the Agricultural and Veterinary Chemicals (Administration) Act.\n\n(2) An 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.\n\nS. 28B inserted by No. 39/2001 s. 6.\n\n\t28B Validation of actions of inspectors and analysts\n\n(1) In this section—\n\n***officer*** has the same meaning as in section 28A;\n\n***relevant section*** means section 6 of the **Agricultural and Veterinary Chemicals (Victoria) (Amendment) Act 2001**;\n\n***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\n(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 commenced before the relevant time has, and is deemed always to have had, the same force and effect as it would have had if the relevant section had commenced before the relevant time.\n\n**Note**\n\nPart 2 of the **Co-operative Schemes (Administrative Actions) Act 2001** applies to administrative actions taken by an officer as affected by this section.\n\n\t29 Application of fees and taxes\n\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.\n\n\t30 Documents or substances held by previous registering authority may be given to NRA\n\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.\n\n\t31 Exemptions from liability for damages\n\n(1) No 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\n(a) the handling of an approved active constituent for a proposed or existing chemical product; or\n\n(b) the handling of a registered chemical product; or\n\n(c) the 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\n(d) an inability to use, or to use in a particular manner, an active constituent for a proposed or existing chemical product—\n\n(i) because 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\n(ii) because its use, or its use in that manner, is precluded by the conditions of an approval, permit or exemption; or\n\n(e) an inability to use, or to use in a particular manner, a chemical product—\n\n(i) because 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\n(ii) because its use, or its use in that manner, is precluded by the conditions of a registration, permit or exemption; or\n\n(f) the 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\n(g) an 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\n(i) because 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\n(ii) because 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\n(2) If an action, suit or other proceeding is brought against a person responsible for the importation, manufacture, supply or handling of—\n\n(a) an approved active constituent for a proposed or existing chemical product; or\n\n(b) a registered chemical product; or\n\n(c) an 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\n(d) a chemical product in respect of a step in the manufacture of which the NRA has issued a licence—\n\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 has 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\n(3) Expressions used in this section have the same meanings as in the Agvet Code of this jurisdiction.\n\n(4) It is the intention of this section to alter or vary section 85 of the **Constitution Act 1975** to the extent necessary to prevent the bringing before the Supreme Court of any action, suit or proceeding referred to in subsection (1).\n\nS. 31A inserted by No. 39/2001 s. 7.\n\n\t31A Supreme Court—limitation of jurisdiction\n\nIt is the intention of section 28B to alter or vary section 85 of the **Constitution Act 1975**.\n\n\t32 Regulations\n\nThe Governor in Council may make regulations for or with respect to any matter or thing that is required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.\n\n\t33 Eligible laws\n\n(1) The following are declared to be eligible laws for the purposes of the definition of ***permit*** in section 109 of the Agvet Code of this jurisdiction—\n\nS. 33(1)(a) amended by No. 55/2001 s. 27.\n\n(a) sections 6(1)(a), 19(1), (3), (4) and (5) and 32 of the **Agricultural and Veterinary Chemicals (Control of Use) Act 1992**;\n\n(b) any other law, or a provision of a law, declared by the regulations to be an eligible law for the purposes of that definition.\n\n(2) The regulations may revoke the declaration of a law referred to in subsection (1)(a) or (b) as an eligible law.\n\nS. 33A inserted by No. 39/2001 s. 8.\n\n\t33A Transitional provision—Agricultural and Veterinary Chemicals (Victoria) (Amendment) Act 2001\n\nPart 5 of this Act, as substituted by section 5 of the **Agricultural and Veterinary Chemicals (Victoria) (Amendment) Act 2001**, 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 that section.\n\nPart 9—Imposition of fees and taxes\n\n\t34 Fees (including taxes)\n\nThis section imposes the fees (including fees that are taxes) that the Agvet Regulations of this jurisdiction prescribe.\n\nPart 10—Conferral of functions  \non Commonwealth Director of Public Prosecutions\n\n\t35 Conferral of functions on Commonwealth Director of Public Prosecutions\n\nThe Director of Public Prosecutions of the Commonwealth (***the Director***) may—\n\n(a) institute prosecutions on indictment for indictable offences against the Agvet Code, or the Agvet Regulations, of this jurisdiction; and\n\n(b) carry on prosecutions of the kind referred to in paragraph (a) (except prosecutions instituted by the Attorney-General), whether or not instituted by the Director; and\n\n(c) if the Attorney-General 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—carry on the prosecution; and\n\n(d) institute 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\n(e) institute proceedings for the summary conviction of persons in respect of offences against the Agvet Code, or the Agvet Regulations, of this jurisdiction; and\n\n(f) carry on proceedings of a kind referred to in paragraph (d) or (e) (whether or not instituted by the Director); and\n\n(g) do anything incidental or conducive to the performance of any of the functions referred to in paragraphs (a) to (f).\n\nPart 11—Relationship with other State laws\n\n\t36 Relationship with other State laws\n\n(1) In this section—\n\n***Agvet Code*** means the Agvet Code of this jurisdiction and includes the Agvet Regulations of this jurisdiction.\n\n(2) Despite any other provision of this Act or the Agvet Code, the regulations may provide—\n\n(a) that a specified law of the State has effect despite the Agvet Code, or a specified provision of the Agvet Code; or\n\n(b) that the Agvet Code, or a specified provision of the Agvet Code, applies as a law of Victoria with modifications prescribed by the regulations; or\n\n(c) that 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\n(3) A regulation under subsection (2)(b) or (c) may, if the regulations so provide, have retrospective effect from the day on which the relevant provision of the Agvet Code applied (or would otherwise apply) in Victoria.\n\n(4) However, to the extent that a regulation takes effect under subsection (3) from a date that is earlier than the date on which it is made, the regulation does not operate so as—\n\n(a) to 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\n(b) to 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.\n\nPt 12 (Heading and ss 37–56) repealed by No. 74/2000 s. 3(Sch. 1 item 6).\n\n* * * * *\n\n\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\n*Minister's second reading speech*—\n\n*Legislative Assembly: 8 September 1994*\n\n*Legislative Council: 11 October 1994*\n\nThe long title for the Bill for this Act was \"A Bill to apply certain laws of the Commonwealth relating to agricultural and veterinary chemical products as laws of Victoria, and for other purposes.\".\n\n**Constitution Act 1975**:\n\n*Section 85(5) statement:*\n\n*Legislative Assembly: 8 September 1994*\n\n*Legislative Council: 11 October 1994*\n\n*Absolute majorities:*\n\n*Legislative Assembly: 6 October 1994*\n\n*Legislative Council: 8 November 1994*\n\nThe **Agricultural and Veterinary Chemicals (Victoria) Act 1994** was assented to on 22 November 1994 and came into operation as follows:\n\nSections 1 to 4 on 22 November 1994: section 2(1); rest of Act (*except* sections 44 and 50(4)) on 15 March 1995: Government Gazette 9 March 1995 page 502.\n\nSections 44 and 50(4) on 22 November 1995: section 2(3).\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original section or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.  \nSee section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThis publication incorporates amendments made to the **Agricultural and Veterinary Chemicals (Victoria) Act 1994** by Acts and subordinate instruments.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n**Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998**\n\n| Assent Date: | 26.5.98 |\n| --- | --- |\n| Commencement Date: | S. 7(Sch. 1) on 1.7.98: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Agricultural and Veterinary Chemicals (Victoria) Act 1994** |\n\n\n**Federal Courts (Consequential Amendments) Act 2000, No. 22/2000**\n\n| Assent Date: | 16.5.00 |\n| --- | --- |\n| Commencement Date: | S. 6 on 17.5.00: s. 2(1); ss 3–5 on 1.7.00: Government Gazette 29.6.00 p. 1455 |\n| Current State: | This information relates only to the provision/s amending the **Agricultural and Veterinary Chemicals (Victoria) Act 1994** |\n\n\n**Statute Law Revision Act 2000, No. 74/2000**\n\n| Assent Date: | 21.11.00 |\n| --- | --- |\n| Commencement Date: | S. 3(Sch. 1 item 6) on 22.11.00: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Agricultural and Veterinary Chemicals (Victoria) Act 1994** |\n\n\n**Agricultural and Veterinary Chemicals (Victoria) (Amendment) Act 2001, No. 39/2001**\n\n| Assent Date: | 27.6.01 |\n| --- | --- |\n| Commencement Date: | 1.8.01: s. 2 |\n| Current State: | All of Act in operation |\n\n\n**Agricultural and Veterinary Chemicals (Control of Use) (Further Amendment) Act 2001, No. 55/2001**\n\n| Assent Date: | 16.10.01 |\n| --- | --- |\n| Commencement Date: | 17.10.01: s. 2 |\n| Current State: | All of Act in operation |\n\n\n**Gene Technology Act 2001, No. 67/2001**\n\n| Assent Date: | 30.10.01 |\n| --- | --- |\n| Commencement Date: | S. 195 on 1.12.01: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Agricultural and Veterinary Chemicals (Victoria) Act 1994** |\n\n\n**Public Administration Act 2004, No. 108/2004**\n\n| Assent Date: | 21.12.04 |\n| --- | --- |\n| Commencement Date: | S. 117(1)(Sch. 3 item 7) on 5.4.05: Government Gazette 31.3.05 p. 602 |\n| Current State: | This information relates only to the provision/s amending the **Agricultural and Veterinary Chemicals (Victoria) Act 1994** |\n\n\n**Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009**\n\n| Assent Date: | 24.11.09 |\n| --- | --- |\n| Commencement Date: | S. 97(Sch. item 6) on 1.1.10: Government Gazette 10.12.09 p. 3215 |\n| Current State: | This information relates only to the provision/s amending the **Agricultural and Veterinary Chemicals (Victoria) Act 1994** |\n\n\n**Oaths and Affirmations Act 2018, No. 6/2018**\n\n| Assent Date: | 27.2.18 |\n| --- | --- |\n| Commencement Date: | S. 68(Sch. 2 item 4) on 1.3.19: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Agricultural and Veterinary Chemicals (Victoria) Act 1994** |\n\n\n**Statute Law Revision Act 2025, No. 41/2025**\n\n| Assent Date: | 21.10.25 |\n| --- | --- |\n| Commencement Date: | S. 3(Sch. 1 item 4) on 22.10.25: s. 2 |\n| Current State: | This information relates only to the provision/s amending the **Agricultural and Veterinary Chemicals (Victoria) Act 1994** |\n\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Explanatory details\n\nNo entries at date of publication.","sortOrder":0}],"analysis":{"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 focused on its original purpose of adopting the Commonwealth Agvet Code as Victorian law. While it has been amended multiple times (26 versions) to update references to Commonwealth legislation (particularly the shift from AAT to Administrative Review Tribunal in 2024/2025) and to clarify administrative arrangements, the core scope of creating a uniform national chemical regulation scheme has not significantly expanded beyond the original intent described in the Preamble."},"complexity_factors":["Extensive cross-referencing to Commonwealth legislation (Agricultural and Veterinary Chemicals Act 1994, Agricultural and Veterinary Chemicals (Administration) Act 1992, Agricultural and Veterinary Chemicals Code Act 1994, and multiple administrative law Acts)","Application of external codes and regulations that are not fully reproduced in the Act itself (the 'Agvet Code' and 'Agvet Regulations' are incorporated by reference)","Complex machinery provisions for applying Commonwealth administrative laws (Part 5) including special rules for the Administrative Review Tribunal Act 2024","Multiple layers of definitions (27 defined terms in section 3 alone) with some definitions themselves referring to other Commonwealth Acts","Intergovernmental arrangements requiring coordination between State and Commonwealth officers (sections 16-18, 21-24)","Validation provisions with retrospective effect (section 28B) and savings provisions (section 33A)","Crown immunity provisions with exceptions (Part 4)","Complex liability shield provisions in section 31 with multiple nested subparagraphs covering different scenarios (approvals, registrations, permits, licences, suspensions, cancellations)","Relationship with other State laws provision (section 36) allowing regulations to modify or disapply the Code with potential retrospective effect"],"plain_english_summary":"This Act is Victoria's way of adopting a national system for regulating agricultural and veterinary chemicals (like pesticides, herbicides, and animal medicines). Instead of writing its own detailed rules from scratch, Victoria applies the Commonwealth's 'Agvet Code' as if it were Victorian law.\n\n**What it does:**\n- **Adopts Commonwealth law**: The main substance of the Act brings in the Commonwealth's Agricultural and Veterinary Chemicals Code and Regulations, making them apply in Victoria as the 'Agvet Code of Victoria' and 'Agvet Regulations of Victoria'.\n- **Creates a national scheme**: This allows chemicals to be registered and regulated consistently across Australia, rather than having different rules in each state.\n- **Sets up administration**: It gives powers to the National Registration Authority (NRA) — now known as the Australian Pesticides and Veterinary Medicines Authority (APVMA) — to register chemicals, issue permits, and enforce the rules in Victoria.\n- **Applies Commonwealth administrative laws**: It brings in Commonwealth laws about freedom of information, privacy, and tribunal review (originally the AAT, now the Administrative Review Tribunal) to apply to decisions made under this scheme.\n- **Protects the Crown**: It makes the rules bind the Victorian government (the Crown), but the government can't be criminally prosecuted — though it can be sued for civil matters.\n- **Shields regulators from liability**: It protects the State and officials from being sued for damages over approved chemicals, while making clear that NRA approval doesn't protect chemical companies from being sued if their products cause harm.\n\n**Who it affects:**\n- Farmers and primary producers who use agricultural chemicals\n- Veterinarians and animal owners using veterinary medicines\n- Chemical manufacturers and importers\n- The National Registration Authority/APVMA and its inspectors\n- Anyone seeking to review decisions about chemical registrations or permits\n\n**Why it matters:**\nThis Act ensures Victoria participates in a uniform national system for chemical safety. It means a chemical approved for use in Victoria is approved under the same standards as the rest of Australia, reducing red tape for businesses while maintaining safety standards for human health, animals, and the environment."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act’s core purpose — to apply Commonwealth Agvet law in Victoria — remains, but the statutory scope has been expanded and refined by later amendments.  Notable scope changes in the text supplied include substitution of Part 5 in 2001 to apply Commonwealth administrative laws and clarify their operation in Victoria (s 15–18A; see Table of Amendments: No. 39/2001), insertion of consultation requirements with the Gene Technology Regulator (s 23A; No. 67/2001), additions recognising and validating inspector/analyst actions and delegations (ss 28–28B; amendments noted), and a 2025 statutory revision updating references to Commonwealth administrative law instruments (Table of Amendments: No. 41/2025).  These changes increase the Act’s administrative‑law reach, strengthen the role of the NRA and Commonwealth processes in Victoria, and adjust litigation and liability exposure (notably s 31 and s 31A concerning limitations on damages and intended alteration of section 85 of the Constitution Act 1975)."},"complexity_factors":["Incorporation by reference of a Commonwealth Code and its regulations (ss 5–6) rather than separate State provisions — creates layered cross‑references","Application of Commonwealth administrative laws (including ART Act, FOI, Ombudsman and Privacy Acts) to State matters (ss 16–18A) — changes procedural and review landscape","Broad operational powers and external accountability of a single national regulator (NRA) acting in Victoria (ss 21–23, 24) — concentrates substantive discretion","Interplay between Crown binding (s 11) and Crown immunity from prosecution (s 13) combined with statutory exemption from damages (s 31) — creates legal tensions over remedies","Conferral of prosecutorial functions to the Commonwealth DPP (s 35) and application of Commonwealth ancillary criminal laws (s 8) — shifts enforcement fora and processes","Delegations, appointment of inspectors/analysts and validation of prior actions (ss 27–28B) — complicates timelines and evidentiary status of prior conduct","Power for Victorian regulations to modify, exclude or give retrospective effect to the Agvet Code in Victoria (s 36) — increases regulatory complexity and uncertainty","Monetary flows: fees and taxes payable to the Commonwealth (s 29; s 34) — affects financial administration and industry cash flows","Multiple amendments over time expressly incorporated (Table of Amendments) — statutory history requires checking versioning for current effect"],"plain_english_summary":"What this law does (mechanics)\n\n- This Act makes the Commonwealth's agricultural and veterinary chemicals code and its regulations (the “Agvet Code” and “Agvet Regulations”) operate in Victoria as Victorian law by applying them here rather than re‑creating separate State provisions (see ss 1, 5–7).  The Schedule to the Commonwealth Agricultural and Veterinary Chemicals Code Act is adopted as the Agvet Code of Victoria (s 5).  The regulations made under that Commonwealth Code operate here as the Agvet Regulations of Victoria (s 6).\n\n- The National Registration Authority for Agricultural and Veterinary Chemicals (NRA) is the operational regulator for matters under the Agvet Code in Victoria.  The NRA has the functions and powers given to it by this Act and the Agvet Code, and broad powers to do things necessary to perform those functions (contracts, property, agents, etc.) (s 21).  The NRA may act under agreements with the Commonwealth Minister as an agent of the State (s 22) and may perform functions arising from corresponding laws of other jurisdictions (s 23).  The NRA must consult the Gene Technology Regulator on specified matters where that duty exists under the Commonwealth Administration Act (s 23A).\n\n- Commonwealth administrative‑law mechanisms (for example, the Administrative Review Tribunal Act 2024, the Freedom of Information Act 1982, the Ombudsman Act 1976 and the Privacy Act 1988) apply in Victoria to matters arising under the applicable Agvet provisions as if those provisions were Commonwealth law (s 16; see definitions in s 3).  In practice this brings Commonwealth review, FOI, Ombudsman and privacy processes into play for decisions under the Agvet Code in Victoria (ss 15–18A).\n\n- Enforcement and criminal law: ancillary Commonwealth criminal provisions (specified sections of the Crimes Act 1914) apply here for aiding, abetting, attempt, incitement and conspiracy relating to offences against the Agvet Code or Regulations (s 8).  Prosecutions for indictable or summary offences under the Agvet Code/Regulations may be instituted and conducted by the Commonwealth Director of Public Prosecutions (DPP) (s 35).\n\n- Inspectors and compliance: officers appointed or approved under the Commonwealth administration (inspectors and analysts) have the powers and functions conferred on them by the applicable Agvet provisions when acting in relation to Victoria (ss 28, 28A).  Actions of such officers done before certain amendments are validated by s 28B.\n\n- Fees, funds and documents: fees, taxes and other monies (other than fines) authorised under the applicable Agvet provisions are payable to the Commonwealth (s 29).  Documents/substances held by a prior Victorian registering authority may be given to the NRA (s 30).\n\n- Crown and liability consequences: the Agvet Code binds the Crown in right of Victoria (s 11) and the Crown is bound by other jurisdictions’ Agvet Codes so far as parliamentary power allows (s 12).  However, the Crown is not liable to prosecution under this Part or the Agvet Code (s 13).  The Act contains express exemptions from damages claims against the State and specified State coordinators for loss or injury arising from handling approved or registered active constituents or chemical products, refusal/suspension/cancellation of approvals, permits, registrations or licences, and related manufacturing steps (s 31).  The Act declares an intention to alter or vary section 85 of the Constitution Act 1975 to that effect (s 31(4); s 31A).\n\n- Victorian regulatory flexibility and rule‑making: the Governor in Council may make regulations to give effect to the Act (s 32).  Regulations may also specify that particular State laws operate despite the Agvet Code, or that the Agvet Code operate in Victoria with prescribed modifications, and such regulations may be given retrospective effect subject to limits that prevent prejudicial effect against private persons (s 36).\n\nWhy it matters (stated purpose and practical consequences)\n\n- The preamble states the purpose is to protect human and animal health and the environment, support trade and competitiveness, and, where practicable, achieve uniformity across Australia by applying Commonwealth legislation in Victoria (preamble; s 1).  Mechanically, the Act achieves that by adopting the Commonwealth Agvet Code and Regulations as Victoria’s law (ss 1, 5–6).\n\nWho it affects and who decides\n\n- Affected parties: manufacturers, importers, registrants, suppliers, users of agricultural and veterinary chemicals, laboratories and analysts, and persons involved in formulation or manufacture of such products because those activities are governed by the Agvet Code and Regulations as applied here (ss 5–6, s 21).  Private parties that suffer loss when approvals, registrations, licences, permits or exemptions are refused, suspended or cancelled may be unable to recover damages from the State in specified circumstances (s 31).\n\n- Decision‑makers and enforceers: the NRA administers registrations, permits, licences and related decisions (s 21); Commonwealth officers and authorities exercise functions under Commonwealth administrative laws as they apply here (ss 16–18A); the Commonwealth DPP may prosecute offences (s 35); the Commonwealth Minister may give directions to the NRA in exceptional circumstances (s 24); and Victorian Governor in Council may make regulations, including modifications or exceptions (s 32, s 36).\n\nWho pays and where costs fall\n\n- Fees and taxes authorised under the applicable Agvet provisions are payable to the Commonwealth, not to the State (s 29; s 34 refers to fees imposed by the Agvet Regulations).  Private businesses carry the compliance costs associated with registration, permitting, licensing and inspections imposed under the Agvet Code and Regulations (ss 5–7, 21, 28A).  The Act limits the State’s exposure to damages claims for regulatory decisions and approvals (s 31), which shifts some economic risk onto private parties and insurers.\n\nIncentives, discretion and implementation areas to watch (mechanics and trade‑offs)\n\n- Centralisation and uniformity: by adopting the Commonwealth Code, Victoria reduces duplication of separate State regulatory regimes and places primary regulatory power with the NRA, which may promote uniform decisions across jurisdictions (ss 5–7, 21–23).  That centralisation concentrates decision authority and any regulatory benefits with the NRA and Commonwealth mechanisms.\n\n- Bureaucratic discretion and direction: the NRA has broad operational powers (s 21).  The Commonwealth Minister has authority to direct the NRA in exceptional circumstances (s 24).  These provisions create administrative discretion over registrations, permits, licences and enforcement priorities.\n\n- Administrative‑law overlay: applying Commonwealth administrative laws (s 16) subjects NRA decisions to Commonwealth review, FOI, Ombudsman and privacy processes (see s 3 definitions), which changes procedural remedies and transparency compared with purely State processes.  The Act also preserves specific Agvet Code obligations (for example, particulars of reasons and disclosure rules) but clarifies they do not displace obligations under the referenced Commonwealth administrative laws (s 16(2)–(3)).\n\n- Liability allocation: the Act narrows scope for damages claims against the State and State coordinators in the circumstances listed (s 31).  This reduces State civil exposure but leaves private parties exposed to commercial loss from regulator decisions without a statutory right to damages in those situations (s 31(1)–(2)).\n\n- Interaction with other State laws: regulations can preserve particular State laws or modify how the Agvet Code applies in Victoria, including retrospective modifications subject to specified limits protecting existing private rights (s 36(2)–(4)).  This gives the State a mechanism to adapt national rules to local circumstances but introduces legal complexity and potential uncertainty about which rules apply in a given case.\n\nKey statutory citations (selected): s 1 (purpose); ss 5–7 (application and interpretation of Agvet Code/Regulations); ss 15–18A (application of Commonwealth administrative laws); ss 21–24 (NRA powers, agreements, consultation, ministerial directions); ss 28–28B (inspectors/analysts and validation); ss 29, 34 (fees and taxes); ss 31–31A (exemptions from damages and constitutional effect); s 35 (conferral of prosecutorial functions to Commonwealth DPP); s 36 (relationship with other State laws)."}},"importantCases":[],"_links":{"self":"/api/acts/agricultural-and-veterinary-chemicals-victoria-act-1994","history":"/api/acts/agricultural-and-veterinary-chemicals-victoria-act-1994/history","analysis":"/api/acts/agricultural-and-veterinary-chemicals-victoria-act-1994/analysis","conflicts":"/api/acts/agricultural-and-veterinary-chemicals-victoria-act-1994/conflicts","importantCases":"/api/acts/agricultural-and-veterinary-chemicals-victoria-act-1994/important-cases","documents":"/api/acts/agricultural-and-veterinary-chemicals-victoria-act-1994/documents"}}