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Short title
1 Short title
This Act may be cited as the Agricultural and Veterinary Chemicals Code Act 1994.
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Commonwealth act
The Act establishes a national system run by the APVMA to regulate agricultural and veterinary chemical products, requiring their approval (and approval of active ingredients) before manufacture, import or sale. It prioritises safety, sets mandatory labelling and use controls, enables ongoing oversight and enforcement, protects confidential business information, and provides compensation where government action acquires property.
It affects manufacturers, importers, retailers, vets, farmers, pet owners and the public by ensuring products are safe, effective and properly labelled.
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Direct links to the current provisions in Agricultural and Veterinary Chemicals Code Act 1994.
This Act may be cited as the Agricultural and Veterinary Chemicals Code Act 1994.
This Act commences on the same day as the Agricultural and Veterinary Chemicals Act 1994.
In this Act, unless the contrary intention appears:
APVMA means the Australian Pesticides and Veterinary Medicines Authority continued in existence by section 6 of the Agricultural and Veterinary Chemicals (Administration) Act 1992.
participating Territory has the same meaning as in the Agricultural and Veterinary Chemicals Act 1994.
prescribed means prescribed by the regulations.
the Code means the Agvet Code of the participating Territories.
the regulations means the regulations in force for the time being under section 6.
The Schedule has effect for the purposes of the Agricultural and Veterinary Chemicals Act 1994.
(1) The Agricultural and Veterinary Chemicals Code set out in the Schedule, as it applies as a law for the government of the participating Territories, may be referred to as the Agvet Code of the participating Territories. (2) The regulations, as they apply for the purposes of the Agvet Code of the participating Territories, may be referred to as the Agvet Regulations of the participating Territories. (3) In the Agvet Code, and the Agvet Regulations, of the participating Territories:
Act of this jurisdiction means an Act of the Parliament or an Act or Ordinance of a participating Territory.
the Minister for this jurisdiction means the Minister.
this jurisdiction means the participating Territories.
(4) In the Agvet Code, or the Agvet Regulations, of the participating Territories, a reference to an offence against that Code, or those Regulations, includes a reference to an offence against: (a) section 6 of the Crimes Act 1914; or (b) section 11.1, 11.4 or 11.5 of the Criminal Code; that relates to an offence against that Code or those Regulations, as the case may be.
(1) The Governor‑General may make regulations prescribing matters: (a) required or permitted by the Code to be prescribed by regulations within the meaning of the Code; or (b) necessary or convenient to be prescribed by such regulations for carrying out or giving effect to the Code. (2) In particular, the regulations may include provision for the purposes of the Code for or in relation to: (a) the development and approval of standards for: (i) constituents for chemical products; and (ii) chemical products; and (iii) labels for containers for chemical products; or (b) prescribing and regulating all matters and things with respect to inspection and investigation and with respect to samples, including the method of taking samples, the quantity or weight of samples, the labelling of samples, the delivery of samples to the APVMA and the analysis of samples; or (c) authorising any matter or thing to be from time to time determined, applied or regulated by a particular person; or (d) the records to be made and kept and the persons by whom they are to be made and kept; or (e) requiring records so kept to be produced at stated times to the APVMA; or (f) the particulars to be included in labels for containers for chemical products, the way to write those particulars on those labels and the way to attach those labels to containers; or (g) the size and type of labels to be attached to containers for chemical products; or (h) the giving of notices by or to the APVMA; or (i) prescribing penalties of not more than 50 penalty units for offences against the regulations; or (j) declaring provisions of the regulations to be civil penalty provisions. (3) The regulations may: (a) adopt wholly or partly, and specifically or by reference, and with any modifications, any of the standards, rules, codes, specifications or methods of any association, body or institution whether as in force at the time of adoption or as changed from time to time; and (b) provide for the approval of the APVMA to be the standard that applies in respect of a particular matter or thing; and (c) exempt particular substances or chemical products from the operation of any provision of the Code, either unconditionally or subject to conditions; and (d) exempt persons identified in the regulations from the operation of any provision of the Code, either unconditionally or subject to conditions. (4) Except as otherwise expressly provided in this Act or the Code, the regulations may be of general or specially limited application or may differ according to differences in time, locality, place or circumstance. (5) Subject to subsection (6), in the regulations, unless the contrary intention appears, an expression has the same meaning as it has in the Agvet Code of the participating Territories. (6) In a provision of the regulations that has effect for the purposes of a particular provision of the Agvet Code of the participating Territories, unless the contrary intention appears, an expression has the same meaning as it has in that provision of that Code. (7) The regulations are to be interpreted subject to the Agvet Code of the participating Territories and it is intended that if, apart from this subsection, a provision of the regulations would have been interpreted as being inconsistent with that Code, the provision is nevertheless to be valid in so far as it is not so inconsistent. (8) An expression has, in this section, the meaning it would have if this section were included in the Code.
(1) Subject to subsection (2), if: (a) provision may be made by the regulations for or in relation to a matter; and (b) the regulations declare that this section applies to that matter; the Minister may, by legislative instrument, make orders with respect to that matter that are consistent with the regulations. (2) An order must not be made prescribing a penalty. (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. (6) In considering whether to make an order under subsection (1), the Minister must have regard to: (a) the effect that the order would have for the purposes of the Agvet Code of each jurisdiction other than the participating Territories because of a law of that jurisdiction that corresponds to the Agricultural and Veterinary Chemicals Act 1994; and (b) the fact that section 42 of the Legislation Act 2003 would apply in relation to the order because of subsection (3) of this section. (7) Subject to subsection (8), in an order, unless the contrary intention appears, an expression has the same meaning as it has in the Agvet Code of the participating Territories. (8) In a provision of an order that has effect for the purposes of a particular provision of the Agvet Code of the participating Territories, unless the contrary intention appears, an expression has the same meaning as it has in that provision of that Code. (9) An order is to be interpreted subject to the Agvet Code of the participating Territories and it is intended that if, apart from this subsection, a provision of an order would have been interpreted as being inconsistent with that Code, the provision is nevertheless to be valid in so far as it is not so inconsistent.
(1) In this section:
acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.
(2) If the operation of, or the doing of any act by the APVMA under, the Agvet Code of the participating Territories results in the acquisition of property from a person, the Commonwealth is liable to pay to the person such compensation as is agreed upon between them or, in the absence of agreement, as is determined by the Supreme Court of a participating Territory in an action brought in that Court by the person against the Commonwealth.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
This Act may be cited as the Agricultural and Veterinary Chemicals Code Act 1994.
This Act commences on the same day as the Agricultural and Veterinary Chemicals Act 1994.
In this Act, unless the contrary intention appears:
APVMA means the Australian Pesticides and Veterinary Medicines Authority continued in existence by section 6 of the Agricultural and Veterinary Chemicals (Administration) Act 1992.
participating Territory has the same meaning as in the Agricultural and Veterinary Chemicals Act 1994.
prescribed means prescribed by the regulations.
the Code means the Agvet Code of the participating Territories.
the regulations means the regulations in force for the time being under section 6.
The Schedule has effect for the purposes of the Agricultural and Veterinary Chemicals Act 1994.
(1) The Agricultural and Veterinary Chemicals Code set out in the Schedule, as it applies as a law for the government of the participating Territories, may be referred to as the Agvet Code of the participating Territories. (2) The regulations, as they apply for the purposes of the Agvet Code of the participating Territories, may be referred to as the Agvet Regulations of the participating Territories. (3) In the Agvet Code, and the Agvet Regulations, of the participating Territories:
Act of this jurisdiction means an Act of the Parliament or an Act or Ordinance of a participating Territory.
the Minister for this jurisdiction means the Minister.
this jurisdiction means the participating Territories.
(4) In the Agvet Code, or the Agvet Regulations, of the participating Territories, a reference to an offence against that Code, or those Regulations, includes a reference to an offence against: (a) section 6 of the Crimes Act 1914; or (b) section 11.1, 11.4 or 11.5 of the Criminal Code; that relates to an offence against that Code or those Regulations, as the case may be.
(1) The Governor‑General may make regulations prescribing matters: (a) required or permitted by the Code to be prescribed by regulations within the meaning of the Code; or (b) necessary or convenient to be prescribed by such regulations for carrying out or giving effect to the Code. (2) In particular, the regulations may include provision for the purposes of the Code for or in relation to: (a) the development and approval of standards for: (i) constituents for chemical products; and (ii) chemical products; and (iii) labels for containers for chemical products; or (b) prescribing and regulating all matters and things with respect to inspection and investigation and with respect to samples, including the method of taking samples, the quantity or weight of samples, the labelling of samples, the delivery of samples to the APVMA and the analysis of samples; or (c) authorising any matter or thing to be from time to time determined, applied or regulated by a particular person; or (d) the records to be made and kept and the persons by whom they are to be made and kept; or (e) requiring records so kept to be produced at stated times to the APVMA; or (f) the particulars to be included in labels for containers for chemical products, the way to write those particulars on those labels and the way to attach those labels to containers; or (g) the size and type of labels to be attached to containers for chemical products; or (h) the giving of notices by or to the APVMA; or (i) prescribing penalties of not more than 50 penalty units for offences against the regulations; or (j) declaring provisions of the regulations to be civil penalty provisions. (3) The regulations may: (a) adopt wholly or partly, and specifically or by reference, and with any modifications, any of the standards, rules, codes, specifications or methods of any association, body or institution whether as in force at the time of adoption or as changed from time to time; and (b) provide for the approval of the APVMA to be the standard that applies in respect of a particular matter or thing; and (c) exempt particular substances or chemical products from the operation of any provision of the Code, either unconditionally or subject to conditions; and (d) exempt persons identified in the regulations from the operation of any provision of the Code, either unconditionally or subject to conditions. (4) Except as otherwise expressly provided in this Act or the Code, the regulations may be of general or specially limited application or may differ according to differences in time, locality, place or circumstance. (5) Subject to subsection (6), in the regulations, unless the contrary intention appears, an expression has the same meaning as it has in the Agvet Code of the participating Territories. (6) In a provision of the regulations that has effect for the purposes of a particular provision of the Agvet Code of the participating Territories, unless the contrary intention appears, an expression has the same meaning as it has in that provision of that Code. (7) The regulations are to be interpreted subject to the Agvet Code of the participating Territories and it is intended that if, apart from this subsection, a provision of the regulations would have been interpreted as being inconsistent with that Code, the provision is nevertheless to be valid in so far as it is not so inconsistent. (8) An expression has, in this section, the meaning it would have if this section were included in the Code.
(1) Subject to subsection (2), if: (a) provision may be made by the regulations for or in relation to a matter; and (b) the regulations declare that this section applies to that matter; the Minister may, by legislative instrument, make orders with respect to that matter that are consistent with the regulations. (2) An order must not be made prescribing a penalty. (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. (6) In considering whether to make an order under subsection (1), the Minister must have regard to: (a) the effect that the order would have for the purposes of the Agvet Code of each jurisdiction other than the participating Territories because of a law of that jurisdiction that corresponds to the Agricultural and Veterinary Chemicals Act 1994; and (b) the fact that section 42 of the Legislation Act 2003 would apply in relation to the order because of subsection (3) of this section. (7) Subject to subsection (8), in an order, unless the contrary intention appears, an expression has the same meaning as it has in the Agvet Code of the participating Territories. (8) In a provision of an order that has effect for the purposes of a particular provision of the Agvet Code of the participating Territories, unless the contrary intention appears, an expression has the same meaning as it has in that provision of that Code. (9) An order is to be interpreted subject to the Agvet Code of the participating Territories and it is intended that if, apart from this subsection, a provision of an order would have been interpreted as being inconsistent with that Code, the provision is nevertheless to be valid in so far as it is not so inconsistent.
(1) In this section:
acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.
(2) If the operation of, or the doing of any act by the APVMA under, the Agvet Code of the participating Territories results in the acquisition of property from a person, the Commonwealth is liable to pay to the person such compensation as is agreed upon between them or, in the absence of agreement, as is determined by the Supreme Court of a participating Territory in an action brought in that Court by the person against the Commonwealth.
Schedule—Agricultural and Veterinary Chemicals Code
Section 4
The object of this Code is to make provision for and in relation to: (a) the evaluation, approval, and control of the supply, of active constituents for proposed or existing agricultural chemical products or veterinary chemical products; and (b) the evaluation, registration, and control of the manufacture and supply, of agricultural chemical products and veterinary chemical products.
(1) This Code recognises that: (a) the furthering of trade and commerce between Australia and places outside Australia; and (b) the present and future economic viability and competitiveness of primary industry which relies on access to chemical products and their constituents; and (c) a domestic industry for manufacturing and formulating chemical products and their constituents; are essential for the well‑being of the economy and require a system for regulating chemical products and their constituents that is cost effective, efficient, predictable, adaptive and responsive. (2) This Code is to be implemented in a manner that: (a) recognises that the health and safety of human beings, animals and the environment is the first priority of the system for regulating chemical products and their constituents, in part to ensure that the use of chemical products at the present time will not impair the prospects of future generations; and (b) reflects established best‑practice principles for the assessment and management of risk, based on science; and (c) balances regulatory effort and any burden imposed by the system of regulation on: (i) holders of approvals, registrations, permits and licences; and (ii) the domestic industry for manufacturing and formulating chemical products and their constituents; and (iii) the users of chemical products; with the risk of the use of the products and constituents to the health and safety of human beings, animals and the environment; and (d) recognises that the use of chemical products that pose unmanageable risks to the health and safety of human beings, animals and the environment is not appropriate in Australia; and (e) promotes community confidence in the regulation of chemical products and their constituents, is open and accountable, and gives opportunity for public involvement and participation; and (f) secures compliance with this Code through appropriate, proportionate, consistent and effective compliance and enforcement measures.
(1) This Code excludes the operation of any other laws of this jurisdiction that are inconsistent with this Code. (2) A law of this jurisdiction is not taken to be inconsistent with this Code if it can operate concurrently with this Code. (3) A law of this jurisdiction enacted, or an instrument made under a law of this jurisdiction, after the commencement of this Code is not to be interpreted as amending or repealing, or otherwise altering the effect of, this Code unless that law, or the law under which that instrument was made, as the case may be, so provides expressly.
In this Code, unless the contrary intention appears:
active constituent, in relation to a proposed or existing agricultural chemical product or veterinary chemical product, means the substance that is, or one of the substances that together are, primarily responsible for the biological or other effect identifying the product as an agricultural chemical product or a veterinary chemical product, as the case may be.
adequate, in relation to instructions on a label for containers for a chemical product, means adequate to ensure, as far as reasonably practicable, that the product meets the safety criteria and the trade criteria.
agricultural chemical product has the meaning given by section 4.
agvet law means:
(a) the Agvet Code or the Agvet Regulations of this, or another, jurisdiction; or
(b) the Agricultural and Veterinary Chemical Products (Collection of Levy) Act 1994; or
(c) the Agricultural and Veterinary Chemicals (Administration) Act 1992.
agvet penalty provision means:
(a) a civil penalty provision of the Agvet Code or the Agvet Regulations of this, or another, jurisdiction; or
(b) a civil penalty provision of the Agricultural and Veterinary Chemical Products (Collection of Levy) Act 1994; or
(c) a civil penalty provision of the Agricultural and Veterinary Chemicals (Administration) Act 1992.
animal means any animal (other than a human being), whether vertebrate or not, and whether a food‑producing species or not, and includes:
(a) mammals, birds, bees, reptiles, amphibians, fish, crustaceans and molluscs; and
(b) the semen, ova or embryo of an animal (other than a human being) or any other substance or thing directly relevant to the reproduction of an animal (other than a human being); and
(c) any other prescribed form of animal life, whether prescribed by reference to a species or in any other way.
application means an application under this Code.
approval means approval under Part 2 of:
(a) an active constituent for a proposed or existing chemical product; or
(b) a label for containers for a chemical product.
approved active constituent means an active constituent that is approved and complies with the relevant particulars entered in the Record for the constituent.
approved analyst means a person appointed under subsection 69G(1) of the Agricultural and Veterinary Chemicals (Administration) Act 1992 to be an approved analyst for the purposes of this Code.
approved form means a form approved by the APVMA or prescribed by the regulations.
approved label means a label that is approved and complies with the relevant particulars recorded in the relevant APVMA file for the label.
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 any external Territories that are participating Territories.
authorising party for information means a person who would be entitled to bring an action for breach of an obligation of confidence if the information were disclosed by someone else to the APVMA for the purposes of this Code without the person’s permission.
chemical product means an agricultural chemical product or a veterinary chemical product, or both.
Chief Executive Officer, in relation to the APVMA, includes a person acting as the Chief Executive Officer of the APVMA.
civil penalty order has the meaning given by section 145A.
civil penalty provision means a provision declared by this Code to be a civil penalty provision.
claim includes any statement.
confidential commercial information, in relation to an active constituent for a proposed or existing chemical product, or in relation to a chemical product or a constituent of a chemical product, means:
(a) a trade secret relating to the constituent or product; or
(b) any other information relating to the constituent or product that has a commercial value that would be, or could reasonably be expected to be, destroyed or diminished if the information were disclosed; or
(c) information (other than trade secrets to which paragraph (a) applies or information to which paragraph (b) applies) that:
(i) concerns the lawful commercial or financial affairs of a person, organisation or undert
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