This Act makes the agricultural and veterinary chemicals "Agvet Code" (as it exists from time to time) into law in participating Territories, subjecting local businesses and manufacturers to its evaluation, registration and control regimes. It empowers the Governor‑General to make regulations and the APVMA to set binding manufacturing principles by legislative instrument, and allows fees to be prescribed.
The law centralises rule‑making across jurisdictions, binds the Crown (but not to prosecution), and gives federal and Territory courts jurisdiction to enforce the Code — concentrating standards and potential compliance costs at the Commonwealth/regulatory level.
The Agricultural and Veterinary Chemicals Act 1994 is machinery legislation whose central function is to apply the Agvet Code as law governing the participating Territories and to create the legal architecture that allows that Code to operate, together with identical State Codes, as a single national scheme.
Section 3(1) states the object bluntly: to make a law for the government of certain Territories in relation to the evaluation, registration and control of agricultural chemical products and veterinary chemical products. Subsection 3(2) requires the Act to be interpreted accordingly. The substantive content of the evaluation, registration and control regime is not contained in this statute; it resides in the Agvet Code set out in the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994. Section 7(1) applies that Schedule “as in force for the time being” as a law for the government of the participating Territories. Section 8 applies the regulations made under s 6 of the Code Act, and s 8A applies legislative instruments made under that Act, so that the entire package moves in lockstep.
The Act then supplies the connective tissue. Part 3 (ss 11–12) contains deeming rules that allow a reference in any Commonwealth or Territory instrument to “the Agvet Codes” (plural) to be read as a reference to the Territory Code plus the Code of each State. This drafting technique, repeated across the suite of Agvet Acts, is intended to produce a single national code without the Commonwealth purporting to legislate directly for the States.
Part 4 binds the Crown in all capacities (s 13 for the participating Territories, s 14 for State Codes) but expressly preserves Crown immunity from prosecution (s 15) and overrides any prerogative that would otherwise prevent the Crown from being bound (s 16).
Current sections
Direct links to the current provisions in Agricultural and Veterinary Chemicals Act 1994.
36
Part 1
Preliminary
Part 1—Preliminary
1
Short title
1 Short title
This Act may be cited as the Agricultural and Veterinary Chemicals Act 1994.
2
Commencement
2 Commencement
(1) Subject to subsection (2), this Act commences on a day to be fixed by Proclamation.
(2) If this Act does not commence under subsection (1) within the period of 12 months beginning on the day on which it receives the Royal Assent, it commences on the first day after the end of that period.
3
Object
3 Object
(1) The object of this Act is to make a law for the government of certain Territories in relation to the evaluation, registration and control of agricultural chemical products and veterinary chemical products, and for related purposes.
(2) This Act has effect, and is to be interpreted, accordingly.
(3) Despite subsection (1) and section 9, this Act, the Agricultural and Veterinary Chemicals Code Act 1994 and the Agvet Code of the participating Territories are not, for the purposes of section 2H of the Acts Interpretation Act 1901, Acts providing for the administration or government of a Territory.
4
Definitions
4 Definitions
In this Act, unless the contrary intention appears:
Agvet Code of the participating Territories has the meaning given by subsection 5(1) of the Agricultural and Veterinary Chemicals Code Act 1994.
Agvet Codes has the meaning given by section 12.
Agvet Regulations has the meaning given by section 12.
Agvet Regulations of the participating Territories has the meaning given by subsection 5(2) of the Agricultural and Veterinary Chemicals Code Act 1994.
applicable provision, in relation to a jurisdiction, means a provision of:
(a) the Agvet Code of that jurisdiction; or
(b) the Agvet Regulations of that jurisdiction; or
(c) a law of the Commonwealth that applies in that jurisdiction in relation to a provision of the Agvet Code or Agvet Regulations of that jurisdiction.
APVMA means the Australian Pesticides and Veterinary Medicines Authority continued in existence by section 6 of the Agricultural and Veterinary Chemicals (Administration) Act 1992.
Australia includes the external Territories to which this Act extends.
authority, in relation to the Commonwealth, includes:
(a) a body corporate, or an unincorporated body, established for a public purpose by or under an Act; and
(b) a tribunal or authority established by or in accordance with an Act.
chemical product has the same meaning as in the Agvet Code of the participating Territories.
confer, in relation to a duty, includes impose.
corresponding Act means an Act of a State that corresponds to this Act.
corresponding law means:
(a) a corresponding Act; or
(b) regulations made under a corresponding Act; or
(c) the Agvet Code, Agvet Regulations, or another applicable provision, of a State; or
(d) rules of court made under a corresponding Act.
instrument means any document whatever, including:
(a) an Act or an instrument made under an Act; or
(b) a law of a participating Territory or an instrument made under such a law; or
(c) an award or other industrial determination or order, or an industrial agreement; or
(d) any other order (whether executive, judicial or otherwise); or
(e) a notice, certificate or licence; or
(f) an agreement; or
(g) an application made, information or complaint laid, affidavit sworn, or warrant issued, for any purpose; or
(h) an indictment, presentment, summons or writ; or
(i) any other pleading in, or process issued in connection with, a legal or other proceeding.
jurisdiction means:
(a) a State; or
(b) the participating Territories.
modifications includes additions, omissions and substitutions.
officer, in relation to the Commonwealth, includes:
(a) a Minister; and
(b) a person holding:
(i) an office established by or under an Act; or
(ii) an appointment made under an Act; or
(iii) an appointment made by the Governor‑General or a Minister but not under an Act; and
(c) a person who is a member or officer of an authority of the Commonwealth; and
(d) a person who is in the service or employment of the Commonwealth, or of an authority of the Commonwealth, or is employed or engaged under an Act.
participating Territory means:
(a) the Australian Capital Territory; or
(aa) Norfolk Island; or
(b) another Territory that is declared by regulations in force under section 25 to be a participating Territory.
repealed Act means the Agricultural and Veterinary Chemicals Act 1988.
State includes the Northern Territory.
Territory does not include the Northern Territory, the Territory of Christmas Island or the Territory of Cocos (Keeling) Islands.
5
Jervis Bay Territory
5 Jervis Bay Territory
For the purposes of this Act, the Jervis Bay Territory is taken to be part of the Australian Capital Territory.
6
Extension to external Territories
6 Extension to external Territories
This Act extends to every external Territory that is a participating Territory.
Part 2
The Agvet Code, and the Agvet Regulations, of the participating Territories
Part 2—The Agvet Code, and the Agvet Regulations, of the participating Territories
7
Application of Agvet Code in the participating Territories
7 Application of Agvet Code in the participating Territories
(1) The Code set out in the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994 as in force for the time being applies as a law for the government of the participating Territories.
(2) The provisions of that Code as so applying are in addition to, and do not affect, the Industrial Chemicals Act 2019, the Food Standards Australia New Zealand Act 1991 and the Therapeutic Goods Act 1989.
(3) The powers to require the recall of chemical products that are conferred on the APVMA under that Code as so applying are in addition to, and do not affect, the powers conferred by section 122 of Schedule 2 to the Competition and Consumer Act 2010, as that section applies as a law of the Commonwealth.
(5) The provisions of that Code as so applying that relate to the disclosure of confidential commercial information do not affect the operation of the Freedom of Information Act 1982.
8
Application of Agvet Regulations in the participating Territories
8 Application of Agvet Regulations in the participating Territories
The regulations in force for the time being under section 6 of the Agricultural and Veterinary Chemicals Code Act 1994 apply as regulations in force for the purposes of the Agvet Code of the participating Territories.
8A
Application of legislative instruments in the participating Territories
8A Application of legislative instruments in the participating Territories
Legislative instruments in force for the time being under the Agricultural and Veterinary Chemicals Code Act 1994 apply as legislative instruments in force for the purposes of the Agvet Code of the participating Territories.
9
Agvet Code of the participating Territories taken to be an Act
9 Agvet Code of the participating Territories taken to be an Act
The Agvet Code of the participating Territories is taken for all purposes to be an Act.
10
Relationship between the Agvet Code and Agvet Regulations of the participating Territories and the laws of a participating Territory
10 Relationship between the Agvet Code and Agvet Regulations of the participating Territories and the laws of a participating Territory
(1) In this section:
the Code means the Agvet Code, and the Agvet Regulations, of the participating Territories.
(2) The object of this section is to avoid or resolve inconsistencies between the Code and the laws of a participating Territory.
(3) Regulations under section 25:
(a) may provide that specified laws of a participating Territory have effect despite the Code or specified provisions of the Code; and
(b) may provide that the Code, or specified provisions of the Code, has or have effect with such modifications as the regulations prescribe.
(4) Regulations under section 25 that take effect within 12 months after an external Territory becomes a participating Territory may amend or repeal laws of that Territory.
Part 3
Citing the Agvet Code and the Agvet Regulations
Part 3—Citing the Agvet Code and the Agvet Regulations
11
References to Agvet Code and Agvet Regulations of other jurisdictions
11 References to Agvet Code and Agvet Regulations of other jurisdictions
(1) This section has effect for the purposes of an Act, a law of a participating Territory, or an instrument made under an Act or such a law.
(2) If a law of a State provides that the Code set out in the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994 as in force for the time being applies as a law of that State, the Agvet Code of that State is the Code so set out, applying as a law of that State.
(3) If a law of a State provides that the regulations in force for the time being under section 6 of the Agricultural and Veterinary Chemicals Code Act 1994 apply as regulations in force for the purposes of the Agvet Code of that State, the Agvet Regulations of that State are those regulations as so applying.
12
References to Agvet Codes and Agvet Regulations
12 References to Agvet Codes and Agvet Regulations
(1) The object of this section is to help ensure that the Agvet Code of the participating Territories can operate, in appropriate circumstances, as if that Code, together with the Agvet Code of each State, constituted a single national Agvet Code applying throughout Australia.
(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 the Commonwealth and of the laws of the participating Territories:
(a) to be a reference to the Agvet Code, or to the Agvet Regulations, as the case may be, of the participating Territories; and
(b) to include a separate reference to the Agvet Code, or to the Agvet Regulations, as the case may be, of each State.
(3) Subsection (2) has effect except so far as the contrary intention appears in the instrument or the context of the reference otherwise requires.
Part 4
Application of Agvet Codes to the Crown
Part 4—Application of Agvet Codes to the Crown
13
Agvet Code of the participating Territories
13 Agvet Code of the participating Territories
The Agvet Code of the participating Territories binds the Crown in all its capacities.
14
Agvet Code of other jurisdictions
14 Agvet Code of other jurisdictions
The Agvet Code of each State binds the Crown in right of the Commonwealth and of the Australian Capital Territory.
15
Crown not liable to prosecution
15 Crown not liable to prosecution
Nothing in this Part, or in the Agvet Code of any jurisdiction, renders the Crown liable to be prosecuted for an offence.
16
This Part overrides the prerogative
16 This Part overrides the prerogative
If, because of this Part, a provision of a law of the Commonwealth or of a State binds the Crown in right of the Commonwealth or of the Australian Capital Territory, the Crown in that capacity is subject to that provision despite any prerogative right or privilege.
Part 5
Performance of functions that corresponding laws of States confer on Commonwealth authorities and officers
Part 5—Performance of functions that corresponding laws of States confer on Commonwealth authorities and officers
17
Ministers
17 Ministers
A corresponding law may confer prescribed functions and powers on a Minister.
18
Commonwealth authorities and officers
18 Commonwealth authorities and officers
(1) A corresponding law of a jurisdiction may confer duties, functions and powers in respect of any matter arising in relation to the applicable provisions of the jurisdiction:
(a) upon the Administrative Review Tribunal; or
(b) upon an inspector appointed under subsection 69F(1) of the Agricultural and Veterinary Chemicals (Administration) Act 1992; or
(c) upon an analyst approved under section 69G of the Agricultural and Veterinary Chemicals (Administration) Act 1992.
Note: Subsection 7(2) of the Agricultural and Veterinary Chemicals (Administration) Act 1992 deals with functions and powers conferred on the APVMA by State laws.
(2) A corresponding law may confer such other duties, functions and powers as are prescribed upon authorities and officers of the Commonwealth.
(3) In enacting subsections (1) and (2), it is the intention of the Parliament to rely on all powers available to it under the Constitution.
18A
Conferral of duties, functions and powers
18A Conferral of duties, functions and powers
(1) To the extent that an authority or officer of the Commonwealth (including a Minister) has a duty, function or power that is conferred, or taken to be conferred, by a corresponding law:
(a) that duty, function or power is not taken to be conferred by Commonwealth law; and
(b) section 18 is not taken to authorise the conferral of the duty, function or power;
if the conferral or authorisation would contravene a constitutional doctrine restricting the duties that may be conferred on authorities or officers of the Commonwealth, or would otherwise exceed the legislative power of the Commonwealth.
(2) If, to ensure the validity of the conferral of a duty, function or power purportedly conferred on an authority or officer of the Commonwealth (including a Minister) by a corresponding law, it is necessary that the duty, function or power be conferred by a law of the Commonwealth, rather than by a law of a State, the duty, function or power is taken to be conferred by this Act to the extent necessary to ensure that validity.
(3) If, because of subsection (2), this Act is taken to confer a duty, function or power upon an authority or officer of the Commonwealth (including a Minister), it is the intention of the Parliament to rely on all powers available to it under the Constitution to support the conferral of the duty, function or power.
(4) Subsections (2) and (3) do not limit section 18.
19
Gazette notices under corresponding laws
19 Gazette notices under corresponding laws
A corresponding law may require or permit a document, or a copy of a document, to be published in the Gazette.
Part 6
Jurisdiction of courts
Part 6—Jurisdiction of courts
20
Jurisdiction of Federal Court and courts of Territories
20 Jurisdiction of Federal Court and courts of Territories
(1) Jurisdiction is conferred on the Federal Court of Australia with respect to all civil matters arising under the Agvet Code of the participating Territories or the Agvet Regulations of the participating Territories.
(2) Subject to section 9 of the Administrative Decisions (Judicial Review) Act 1977, jurisdiction is conferred on the courts of the participating Territories with respect to all civil matters arising under the Agvet Code of the participating Territories or the Agvet Regulations of the participating Territories.
(3) Jurisdiction is conferred on the courts of the participating Territories with respect to all criminal matters arising under the Agvet Code of the participating Territories or the Agvet Regulations of the participating Territories.
(4) The Federal Court of Australia may exercise jurisdiction (whether original or appellate) conferred on that Court by a law of the Northern Territory corresponding to this Part with respect to matters arising under the Agvet Code or the Agvet Regulations of the Northern Territory.
21
Exercise of jurisdiction under cross‑vesting provisions
21 Exercise of jurisdiction under cross‑vesting provisions
This Act does not affect the operation of a provision of any other law of the Commonwealth, or any law of a State or of a participating Territory, relating to cross‑vesting of jurisdiction.
Part 7
Miscellaneous
Part 7—Miscellaneous
22
Orders
22 Orders
Orders in force for the time being under section 7 of the Agricultural and Veterinary Chemicals Code Act 1994 have the same effect for the purposes of the Agvet Code of the participating Territories as they would have if they were provisions of the Agvet Regulations of those Territories.
23
Manufacturing principles
23 Manufacturing principles
(1) The APVMA may, by legislative instrument, determine for the purposes of Part 8 of the Agvet Code of the participating Territories principles to be observed in the manufacture of chemical products that are consistent with the Agvet Codes, the Agvet Regulations and the laws of any jurisdiction that relate to occupational health or safety.
(2) The manufacturing principles may relate to:
(a) the standards to be maintained, and the equipment to be used, at premises used for the manufacture of chemical products; or
(b) procedures for quality assurance and quality control to be employed in the manufacture of chemical products; or
(c) the qualifications and experience required of persons employed in the manufacture of chemical products; or
(d) the manufacturing practices to be employed in the manufacture of chemical products; or
(e) other matters relevant to the quality, safety and efficacy of chemical products that are manufactured in this jurisdiction;
and may include codes of good manufacturing practice.
(3) Despite subsection 44(1) of the Legislation Act 2003, section 42 (disallowance) of that Act applies to a legislative instrument made under subsection (1) of this section.
24
Repeal and transitional provisions
24 Repeal and transitional provisions
(1) The Agricultural and Veterinary Chemicals Act 1988 is repealed.
(2) Despite subsection (1), section 47 of the repealed Act:
(a) continues in force for the purposes of its application in relation to the period beginning on 1 July 1993 and ending immediately before the commencement of this Act; and
(b) if that period is shorter or longer than one year—applies as if that period were a year.
25
Regulations
25 Regulations
The Governor‑General may make regulations prescribing matters required or permitted by this Act to be prescribed.
Part 8
Imposition of fees and taxes
Part 8—Imposition of fees and taxes
26
Fees (including taxes)
26 Fees (including taxes)
This section imposes the fees (including fees that are taxes) that the Agvet Regulations of the participating Territories prescribe.
Source text: opening excerpt
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
Part 1 Preliminary
Part 1—Preliminary
1 Short title
1 Short title
This Act may be cited as the Agricultural and Veterinary Chemicals Act 1994.
2 Commencement
2 Commencement
(1) Subject to subsection (2), this Act commences on a day to be fixed by Proclamation.
(2) If this Act does not commence under subsection (1) within the period of 12 months beginning on the day on which it receives the Royal Assent, it commences on the first day after the end of that period.
3 Object
3 Object
(1) The object of this Act is to make a law for the government of certain Territories in relation to the evaluation, registration and control of agricultural chemical products and veterinary chemical products, and for related purposes.
(2) This Act has effect, and is to be interpreted, accordingly.
(3) Despite subsection (1) and section 9, this Act, the Agricultural and Veterinary Chemicals Code Act 1994 and the Agvet Code of the participating Territories are not, for the purposes of section 2H of the Acts Interpretation Act 1901, Acts providing for the administration or government of a Territory.
4 Definitions
4 Definitions
In this Act, unless the contrary intention appears:
Agvet Code of the participating Territories has the meaning given by subsection 5(1) of the Agricultural and Veterinary Chemicals Code Act 1994.
Agvet Codes has the meaning given by section 12.
Agvet Regulations has the meaning given by section 12.
Agvet Regulations of the participating Territories has the meaning given by subsection 5(2) of the Agricultural and Veterinary Chemicals Code Act 1994.
applicable provision, in relation to a jurisdiction, means a provision of:
(a) the Agvet Code of that jurisdiction; or
(b) the Agvet Regulations of that jurisdiction; or
(c) a law of the Commonwealth that applies in that jurisdiction in relation to a provision of the Agvet Code or Agvet Regulations of that jurisdiction.
APVMA means the Australian Pesticides and Veterinary Medicines Authority continued in existence by section 6 of the Agricultural and Veterinary Chemicals (Administration) Act 1992.
Part 5 authorises the conferral of functions on Commonwealth Ministers, the Administrative Review Tribunal, APVMA inspectors and analysts, and other prescribed Commonwealth authorities and officers (ss 17–18). Section 18A contains a constitutional savings clause that prevents invalidity if a State attempt to confer a duty would breach the constitutional doctrine restricting the imposition of duties on Commonwealth officers. If such invalidity would otherwise arise, the duty is taken to be conferred directly by this Act to the extent necessary to give it validity, with Parliament relying on all available constitutional powers (s 18A(2)–(3)).
Part 6 confers jurisdiction on the Federal Court and the courts of the participating Territories for civil and criminal matters arising under the Territory Code (s 20) and preserves cross-vesting arrangements (s 21).
Part 7 contains miscellaneous provisions including the adoption of manufacturing principles by legislative instrument (s 23), transitional continuation of a financial provision from the repealed 1988 Act (s 24), and a regulation-making power (s 25). Part 8 imposes the fees (including taxes) prescribed by the Agvet Regulations (s 26).
Read together, the statute does not itself regulate chemicals; it supplies the legal glue that makes the detailed Code operate uniformly, respects constitutional limits, allocates jurisdiction, and ensures that Commonwealth agencies can perform the day-to-day regulatory work that both Territory and State laws require of them.
Who it affects
The Act directly affects three broad groups.
First, participants in the agricultural and veterinary chemical supply chain who operate in or supply products to the participating Territories. Because the Agvet Code is applied as Territory law, manufacturers, importers, distributors and end-users must comply with registration, labelling, manufacture and recall obligations contained in that Code. The definition of “chemical product” in s 4 points back to the Code, which in turn captures any substance or mixture intended for use in agriculture or veterinary practice.
Second, Commonwealth authorities and officers, most notably the APVMA (defined in s 4 by reference to the Agricultural and Veterinary Chemicals (Administration) Act 1992). Sections 17–18A expressly contemplate that State and Territory corresponding laws will confer functions on the APVMA, its inspectors, approved analysts, the Administrative Review Tribunal and Commonwealth Ministers. The Act therefore affects every Commonwealth employee or statutory office-holder who performs regulatory, enforcement or review functions under the national scheme.
Third, governments and courts. The Crown in all its capacities is bound (ss 13–14). Federal and Territory courts receive jurisdiction (s 20). State laws that correspond to this Act are recognised as “corresponding laws” (s 4), and the Act interacts with the laws of participating Territories through override and modification powers (s 10). Because participating Territories include the ACT, Norfolk Island and any other Territory declared by regulation (s 4), the Act also affects Territory legislatures whose laws may be modified or overridden by Commonwealth regulations made within 12 months of a Territory becoming participating (s 10(4)).
The definition of “Australia” includes external Territories to which the Act extends (s 4 and s 6), while the Jervis Bay Territory is deemed part of the ACT (s 5). The Northern Territory is treated as a State for the purposes of the scheme (s 4).
Key duties and rights
The Act itself is largely facilitative; the detailed duties sit in the applied Agvet Code. Nevertheless it creates or recognises several important duties and rights.
The APVMA is given power to determine manufacturing principles by legislative instrument (s 23(1)). Those principles may cover premises standards, quality assurance procedures, personnel qualifications and good manufacturing practice codes. Once made, they form part of the law that must be observed in the participating Territories.
Commonwealth officers and authorities are placed under a statutory duty to perform functions validly conferred on them by corresponding State laws (ss 17–18). Section 18A(2) converts an invalid State conferral into a valid Commonwealth conferral where constitutionally necessary, thereby creating a direct statutory duty under this Act.
Rights are conferred indirectly. The binding of the Crown (ss 13–14) means that government bodies must themselves comply with registration, labelling and safety requirements when they use chemical products. The preservation of Crown immunity from prosecution (s 15) is a right unique to the Crown. Persons affected by decisions made under the applied Code have access to the Federal Court or Territory courts (s 20) and to merits review before the Administrative Review Tribunal where a corresponding law confers that function (s 18(1)(a)).
Section 7(2)–(5) clarifies the relationship between the applied Code and other Commonwealth regulatory regimes. The Code sits beside the Industrial Chemicals Act 2019, the Food Standards Australia New Zealand Act 1991, the Therapeutic Goods Act 1989 and the product-recall powers in the Competition and Consumer Act 2010. Confidential commercial information protections in the Code do not disturb the Freedom of Information Act 1982 (s 7(5)). These provisions create rights to continue operating under those parallel regimes without unintended displacement.
The regulation-making power in s 25 and the modification power in s 10 allow the Governor-General to resolve inconsistencies between the Code and Territory laws, giving the Commonwealth a right to adjust the legal landscape by subordinate legislation.
Penalties and enforcement
This Act does not itself create offence provisions. Enforcement occurs under the applied Agvet Code and under corresponding State laws. The Act’s contribution is to facilitate that enforcement.
Section 7(3) expressly states that the APVMA’s recall powers under the Code are additional to s 122 of Schedule 2 to the Competition and Consumer Act 2010. Section 15 prevents the Crown from being prosecuted, but does not prevent civil enforcement or administrative sanctions against Crown entities.
Inspectors appointed under s 69F(1) of the Agricultural and Veterinary Chemicals (Administration) Act 1992 and analysts approved under s 69G of that Act may be given functions under corresponding laws (s 18(1)). Because the Act deems the Agvet Code of the participating Territories to be an Act (s 9), breaches of Code provisions applied by this statute are enforceable as breaches of Commonwealth law.
The Act contains no direct penalty or enforcement machinery; its role is to ensure that the enforcement provisions located in the Code, the regulations and corresponding State legislation can operate without jurisdictional friction.
How it interacts with other laws
The statute is deliberately interwoven with a web of Commonwealth, State and Territory legislation.
At Commonwealth level it cross-references the Agricultural and Veterinary Chemicals Code Act 1994, the Agricultural and Veterinary Chemicals (Administration) Act 1992, the Industrial Chemicals Act 2019, the Food Standards Australia New Zealand Act 1991, the Therapeutic Goods Act 1989, the Competition and Consumer Act 2010, the Freedom of Information Act 1982, the Acts Interpretation Act 1901 (expressly disapplying s 2H in s 3(3)), the Legislation Act 2003 (modifying disallowance in s 23(3)), and the Administrative Decisions (Judicial Review) Act 1977 (preserving its operation in s 20(2)).
At State and Territory level the Act recognises “corresponding Acts”, “corresponding laws” and the Agvet Codes and Regulations of each State (s 4). Section 10 provides a mechanism for regulations to declare that specified Territory laws prevail over the Code or to modify the Code to resolve inconsistencies. Section 11 ensures that when a State adopts the Schedule Code, that adoption is recognised for the purposes of all Commonwealth and Territory instruments.
The Act also interacts with constitutional doctrines. Section 18(3) and s 18A(3) expressly rely on all available heads of Commonwealth power. Section 18A is a direct response to the risk that a State law purporting to impose duties on Commonwealth officers might be invalid; the section converts the duty into one imposed by Commonwealth law where necessary.
Jurisdictionally, the Act sits beside cross-vesting legislation (s 21) and confers specific jurisdiction on the Federal Court and Territory courts (s 20), including appellate jurisdiction in respect of the Northern Territory Code.
The repealed Agricultural and Veterinary Chemicals Act 1988 continues to operate for limited transitional financial purposes (s 24).
Recent changes and why
The text supplied reflects amendments made after 1994. The most visible is the insertion of “(aa) Norfolk Island” into the definition of participating Territory in s 4. This change brought Norfolk Island fully into the national scheme once it ceased to be a self-governing Territory. The amendment was necessary to prevent a regulatory gap and to maintain nationwide uniformity.
Section 8A was added to apply legislative instruments made under the Code Act, ensuring that all forms of subordinate legislation (not merely regulations) move uniformly.
The most significant substantive addition is s 18A. This provision was inserted to address constitutional uncertainties that emerged after the original enactment. It makes clear that a State conferral is not taken to be made by Commonwealth law if that would breach constitutional doctrine, but that if validity requires the duty to be supported by Commonwealth law then this Act supplies that support. The section was a legislative response to evolving High Court jurisprudence on the limits of Commonwealth–State cooperative schemes. It ensures the continued functioning of the national regulator without the need for constant legislative repair.
Section 23(3) was updated to engage the Legislation Act 2003 disallowance regime, reflecting the modernisation of Commonwealth legislative instruments law.
These changes have been technical and defensive rather than policy-driven expansions. Their purpose has been to keep the cooperative scheme constitutionally robust and to accommodate changes in Territory governance (Norfolk Island) and Commonwealth legislative drafting standards.
Court challenges and controversies
The printed text does not record specific court challenges. However, several provisions are clearly drafted in response to known constitutional controversies.
The inclusion of s 18A(1)–(4) is a direct acknowledgement of the doctrine, repeatedly litigated, that limits the ability of State laws to impose duties on Commonwealth officers. By providing a fallback Commonwealth conferral “to the extent necessary to ensure that validity”, the section seeks to avoid the invalidity that would otherwise arise if a State law exceeded constitutional boundaries. Parliament’s express reliance on all available powers (s 18A(3)) mirrors language used in other cooperative-scheme statutes that have been the subject of constitutional challenge.
Section 3(3) disapplies s 2H of the Acts Interpretation Act 1901 to prevent the Agvet package being characterised as a law “providing for the administration or government of a Territory”. This drafting choice reflects earlier litigation concerning the constitutional status of Territory laws and the scope of Commonwealth power under s 122 of the Constitution.
Section 15’s preservation of Crown immunity from prosecution and s 16’s override of prerogative rights respond to long-standing uncertainties about the extent to which the Crown is bound by its own legislation. The explicit statement that the Code binds the Crown “in all its capacities” (s 13) and the extension of that binding to State Codes (s 14) were intended to eliminate arguments that certain government activities might fall outside the regulatory net.
No specific High Court or Federal Court decisions are recited in the Act, but the architecture of ss 18–18A, the jurisdiction provisions in Part 6 and the modification powers in s 10 demonstrate that the drafters anticipated both administrative-law challenges to APVMA decisions and constitutional challenges to the cooperative scheme itself.
Gotchas
Most practitioners assume that because the scheme is “national” the same rules apply identically everywhere. In practice the modification power in s 10 allows regulations to give specified Territory laws overriding effect or to alter the Code itself. A compliance program that ignores Territory-specific modifications therefore risks being wrong in the participating Territories even though it is correct for the States.
The constitutional savings clause in s 18A is easily overlooked. A State law that purports to confer a duty on the APVMA or a Commonwealth inspector may be ineffective unless s 18A(2) operates to convert it into a duty imposed by this Act. Courts will therefore ask whether the conferral would have been constitutionally invalid; if so, the source of power shifts from State to Commonwealth law. This shift can affect the applicable judicial review regime and the identity of the decision-maker for the purposes of the Administrative Decisions (Judicial Review) Act 1977.
Section 7(5) provides that the Code’s confidential commercial information provisions “do not affect” the Freedom of Information Act 1982. Many assume this means FOI simply does not apply; the correct reading is that the Code’s protections operate but cannot limit FOI rights. The interplay requires careful analysis of exemption provisions.
The Act deems the Agvet Code of the participating Territories to be an Act (s 9). This has the surprising consequence that regulations made for the purposes of the Code are regulations made under an Act of the Commonwealth, triggering the full Legislation Act 2003 registration and disallowance regime unless otherwise excluded.
Finally, the transitional provision in s 24 keeps s 47 of the repealed 1988 Act alive for a specific one-year period straddling commencement. That obscure continuation still governs certain financial calculations and is occasionally relevant in legacy audits.
How to comply
Compliance begins with recognising that this Act is the gateway, not the rulebook. The substantive obligations reside in the Agvet Code, the regulations and the manufacturing principles made under s 23.
Map the applicable law: Determine whether the relevant jurisdiction is a participating Territory or a State. In a Territory, the Code is applied directly by s 7. In a State, the corresponding State Act applies the same Schedule. Use the interpretive rules in ss 11–12 to read any reference to “the Agvet Codes” as including both.
Register and maintain product approvals: Only products registered by the APVMA may be supplied. The Act itself does not contain the registration criteria; they are in the Code. However, manufacturing must comply with principles determined under s 23, which are legislative instruments and must be monitored for updates.
Ensure Commonwealth officers can act: If relying on APVMA or inspector action that originates from a State corresponding law, confirm that the conferral is supported either directly or via the s 18A fallback. Maintain records showing the source of each function exercised.
Manage interactions with parallel regimes: Before supplying a product, verify that it is not also regulated as an industrial chemical, a therapeutic good or a food additive. Section 7(2) makes clear that the Agvet Code is additional to those regimes.
Monitor subordinate legislation: The regulations, orders (s 22) and manufacturing principles are ambulatory. Subscribe to the Federal Register of Legislation and review any instruments made under the Code Act, because s 8 and s 8A apply them automatically in the participating Territories.
Territory-specific modifications: Check the latest regulations made under s 25. Any modification or override of Territory laws can create obligations that do not exist in the States.
Record-keeping and recall preparedness: The APVMA’s recall powers under the Code are additional to ACL recall powers. Maintain traceability systems that satisfy both regimes.
FOI and confidentiality: When claiming confidentiality under the Code, assume that an FOI request can still be made. Prepare submissions that address both the Code’s protections and the FOI exemptions.
Audit Crown use: Government departments using chemical products must themselves comply with the Code. Internal policies should treat Crown entities as ordinary users for registration and labelling purposes.
Review jurisdictional gateways: When litigation arises, confirm that the Federal Court or Territory court has jurisdiction under s 20 and that any cross-vested State matter is properly before the court under s 21.
A compliance program that treats the Agvet scheme as a single national code, while maintaining a register of Territory modifications, s 23 manufacturing principles and s 18A constitutional sources, will satisfy both the letter and the protective purpose of this Act. Regular horizon scanning of instruments made under the Code Act is essential because those instruments are incorporated by reference and change without amending this statute.
Australia includes the external Territories to which this Act extends.
authority, in relation to the Commonwealth, includes:
(a) a body corporate, or an unincorporated body, established for a public purpose by or under an Act; and
(b) a tribunal or authority established by or in accordance with an Act.
chemical product has the same meaning as in the Agvet Code of the participating Territories.
confer, in relation to a duty, includes impose.
corresponding Act means an Act of a State that corresponds to this Act.
corresponding law means:
(a) a corresponding Act; or
(b) regulations made under a corresponding Act; or
(c) the Agvet Code, Agvet Regulations, or another applicable provision, of a State; or
(d) rules of court made under a corresponding Act.
instrument means any document whatever, including:
(a) an Act or an instrument made under an Act; or
(b) a law of a participating Territory or an instrument made under such a law; or
(c) an award or other industrial determination or order, or an industrial agreement; or
(d) any other order (whether executive, judicial or otherwise); or
(e) a notice, certificate or licence; or
(f) an agreement; or
(g) an application made, information or complaint laid, affidavit sworn, or warrant issued, for any purpose; or
(h) an indictment, presentment, summons or writ; or
(i) any other pleading in, or process issued in connection with, a legal or other proceeding.
jurisdiction means:
(a) a State; or
(b) the participating Territories.
modifications includes additions, omissions and substitutions.
officer, in relation to the Commonwealth, includes:
(a) a Minister; and
(b) a person holding:
(i) an office established by or under an Act; or
(ii) an appointment made under an Act; or
(iii) an appointment made by the Governor‑General or a Minister but not under an Act; and
(c) a person who is a member or officer of an authority of the Commonwealth; and
(d) a person who is in the service or employment of the Commonwealth, or of an authority of the Commonwealth, or is employed or engaged under an Act.
participating Territory means:
(a) the Australian Capital Territory; or
(aa) Norfolk Island; or
(b) another Territory that is declared by regulations in force under section 25 to be a participating Territory.
repealed Act means the Agricultural and Veterinary Chemicals Act 1988.
State includes the Northern Territory.
Territory does not include the Northern Territory, the Territory of Christmas Island or the Territory of Cocos (Keeling) Islands.
5 Jervis Bay Territory
5 Jervis Bay Territory
For the purposes of this Act, the Jervis Bay Territory is taken to be part of the Australian Capital Territory.
6 Extension to external Territories
6 Extension to external Territories
This Act extends to every external Territory that is a participating Territory.
Part 2 The Agvet Code, and the Agvet Regulations, of the participating Territories
Part 2—The Agvet Code, and the Agvet Regulations, of the participating Territories
7 Application of Agvet Code in the participating Territories
7 Application of Agvet Code in the participating Territories
(1) The Code set out in the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994 as in force for the time being applies as a law for the government of the participating Territories.
(2) The provisions of that Code as so applying are in addition to, and do not affect, the Industrial Chemicals Act 2019, the Food Standards Australia New Zealand Act 1991 and the Therapeutic Goods Act 1989.
(3) The powers to require the recall of chemical products that are conferred on the APVMA under that Code as so applying are in addition to, and do not affect, the powers conferred by section 122 of Schedule 2 to the Competition and Consumer Act 2010, as that section applies as a law of the Commonwealth.
(5) The provisions of that Code as so applying that relate to the disclosure of confidential commercial information do not affect the operation of the Freedom of Information Act 1982.
8 Application of Agvet Regulations in the participating Territories
8 Application of Agvet Regulations in the participating Territories
The regulations in force for the time being under section 6 of the Agricultural and Veterinary Chemicals Code Act 1994 apply as regulations in force for the purposes of the Agvet Code of the participating Territories.
8A Application of legislative instruments in the participating Territories
8A Application of legislative instruments in the participating Territories
Legislative instruments in force for the time being under the Agricultural and Veterinary Chemicals Code Act 1994 apply as legislative instruments in force for the purposes of the Agvet Code of the participating Territories.
9 Agvet Code of the participating Territories taken to be an Act
9 Agvet Code of the participating Territories taken to be an Act
The Agvet Code of the participating Territories is taken for all purposes to be an Act.
10 Relationship between the Agvet Code and Agvet Regulations of the participating Territories and the laws of a participating Territory
10 Relationship between the Agvet Code and Agvet Regulations of the participating Territories and the laws of a participating Territory
(1) In this section:
the Code means the Agvet Code, and the Agvet Regulations, of the participating Territories.
(2) The object of this section is to avoid or resolve inconsistencies between the Code and the laws of a participating Territory.
(3) Regulations under section 25:
(a) may provide that specified laws of a participating Territory have effect despite the Code or specified provisions of the Code; and
(b) may provide that the Code, or specified provisions of the Code, has or have effect with such modifications as the regulations prescribe.
(4) Regulations under section 25 that take effect within 12 months after an external Territory becomes a participating Territory may amend or repeal laws of that Territory.
Part 3 Citing the Agvet Code and the Agvet Regulations
Part 3—Citing the Agvet Code and the Agvet Regulations
11 References to Agvet Code and Agvet Regulations of other jurisdictions
11 References to Agvet Code and Agvet Regulations of other jurisdictions
(1) This section has effect for the purposes of an Act, a law of a participating Territory, or an instrument made under an Act or such a law.
(2) If a law of a State provides that the Code set out in the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994 as in force for the time being applies as a law of that State, the Agvet Code of that State is the Code so set out, applying as a law of that State.
(3) If a law of a State provides that the regulations in force for the time being under section 6 of the Agricultural and Veterinary Chemicals Code Act 1994 apply as regulations in force for the purposes of the Agvet Code of that State, the Agvet Regulations of that State are those regulations as so applying.
12 References to Agvet Codes and Agvet Regulations
12 References to Agvet Codes and Agvet Regulations
(1) The object of this section is to help ensure that the Agvet Code of the participating Territories can operate, in appropriate circumstances, as if that Code, together with the Agvet Code of each State, constituted a single national Agvet Code applying throughout Australia.
(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 the Commonwealth and of the laws of the participating Territories:
(a) to be a reference to the Agvet Code, or to the Agvet Regulations, as the case may be, of the participating Territories; and
(b) to include a separate reference to the Agvet Code, or to the Agvet Regulations, as the case may be, of each State.
(3) Subsection (2) has effect except so far as the contrary intention appears in the instrument or the context of the reference otherwise requires.
Part 4 Application of Agvet Codes to the Crown
Part 4—Application of Agvet Codes to the Crown
13 Agvet Code of the participating Territories
13 Agvet Code of the participating Territories
The Agvet Code of the participating Territories binds the Crown in all its capacities.
14 Agvet Code of other jurisdictions
14 Agvet Code of other jurisdictions
The Agvet Code of each State binds the Crown in right of the Commonwealth and of the Australian Capital Territory.
15 Crown not liable to prosecution
15 Crown not liable to prosecution
Nothing in this Part, or in the Agvet Code of any jurisdiction, renders the Crown liable to be prosecuted for an offence.
16 This Part overrides the prerogative
16 This Part overrides the prerogative
If, because of this Part, a provision of a law of the Commonwealth or of a State binds the Crown in right of the Commonwealth or of the Australian Capital Territory, the Crown in that capacity is subject to that provision despite any prerogative right or privilege.
Part 5 Performance of functions that corresponding laws of States confer on Commonwealth authorities and officers
Part 5—Performance of functions that corresponding laws of States confer on Commonwealth authorities and officers
17 Ministers
17 Ministers
A corresponding law may confer prescribed functions and powers on a Minister.
18 Commonwealth authorities and officers
18 Commonwealth authorities and officers
(1) A corresponding law of a jurisdiction may confer duties, functions and powers in respect of any matter arising in relation to the applicable provisions of the jurisdiction:
(a) upon the Administrative Review Tribunal; or
(b) upon an inspector appointed under subsection 69F(1) of the Agricultural and Veterinary Chemicals (Administration) Act 1992; or
(c) upon an analyst approved under section 69G of the Agricultural and Veterinary Chemicals (Administration) Act 1992.
Note: Subsection 7(2) of the Agricultural and Veterinary Chemicals (Administration) Act 1992 deals with functions and powers conferred on the APVMA by State laws.
(2) A corresponding law may confer such other duties, functions and powers as are prescribed upon authorities and officers of the Commonwealth.
(3) In enacting subsections (1) and (2), it is the intention of the Parliament to rely on all powers available to it under the Constitution.
18A Conferral of duties, functions and powers
18A Conferral of duties, functions and powers
(1) To the extent that an authority or officer of the Commonwealth (including a Minister) has a duty, function or power that is conferred, or taken to be conferred, by a corresponding law:
(a) that duty, function or power is not taken to be conferred by Commonwealth law; and
(b) section 18 is not taken to authorise the conferral of the duty, function or power;
if the conferral or authorisation would contravene a constitutional doctrine restricting the duties that may be conferred on authorities or officers of the Commonwealth, or would otherwise exceed the legislative power of the Commonwealth.
(2) If, to ensure the validity of the conferral of a duty, function or power purportedly conferred on an authority or officer of the Commonwealth (including a Minister) by a corresponding law, it is necessary that the duty, function or power be conferred by a law of the Commonwealth, rather than by a law of a State, the duty, function or power is taken to be conferred by this Act to the extent necessary to ensure that validity.
(3) If, because of subsection (2), this Act is taken to confer a duty, function or power upon an authority or officer of the Commonwealth (including a Minister), it is the intention of the Parliament to rely on all powers available to it under the Constitution to support the conferral of the duty, function or power.
(4) Subsections (2) and (3) do not limit section 18.
19 Gazette notices under corresponding laws
19 Gazette notices under corresponding laws
A corresponding law may require or permit a document, or a copy of a document, to be published in the Gazette.
Part 6 Jurisdiction of courts
Part 6—Jurisdiction of courts
20 Jurisdiction of Federal Court and courts of Territories
20 Jurisdiction of Federal Court and courts of Territories
(1) Jurisdiction is conferred on the Federal Court of Australia with respect to all civil matters arising under the Agvet Code of the participating Territories or the Agvet Regulations of the participating Territories.
(2) Subject to section 9 of the Administrative Decisions (Judicial Review) Act 1977, jurisdiction is conferred on the courts of the participating Territories with respect to all civil matters arising under the Agvet Code of the participating Territories or the Agvet Regulations of the participating Territories.
(3) Jurisdiction is conferred on the courts of the participating Territories with respect to all criminal matters arising under the Agvet Code of the participating Territories or the Agvet Regulations of the participating Territories.
(4) The Federal Court of Australia may exercise jurisdiction (whether original or appellate) conferred on that Court by a law of the Northern Territory corresponding to this Part with respect to matters arising under the Agvet Code or the Agvet Regulations of the Northern Territory.
21 Exercise of jurisdiction under cross‑vesting provisions
21 Exercise of jurisdiction under cross‑vesting provisions
Thi
This is an opening excerpt, not the complete document.