Agricultural and Veterinary Chemicals (New South Wales) Act 1994
In ForceNSW
Jurisdiction
New South Wales
Act Number
53 of 1994
Collection
act
Plain English Summary
7/10 complexity
This Act makes the Commonwealth Agvet Code and its regulations operate as law in New South Wales and applies specified Commonwealth administrative laws to matters under that Code. It centralises administration and enforcement by empowering the APVMA, Commonwealth officers and the Commonwealth DPP to act in NSW, directs Agvet fees to the Commonwealth, and validates certain past actions and transitional arrangements. It chiefly affects businesses and officials dealing with agricultural and veterinary chemicals, shifting decision‑making and revenue to Commonwealth bodies.
The Agricultural and Veterinary Chemicals (New South Wales) Act 1994 is a classic “application” or “mirror” statute. Its central operative provisions are ss 5 and 6. Section 5 provides that the Code set out in the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994 (Cth) “applies as a law of New South Wales” and “may be cited as the Agvet Code of New South Wales”. Section 6 does the same for the regulations made under s 6 of the Commonwealth Code Act, which become the Agvet Regulations of New South Wales.
The Act does not itself create a discrete NSW regulatory regime. Instead it stitches the national scheme into the NSW legal fabric so that the APVMA’s decisions on active-constituent approval, product registration, permits, licences and manufacturing principles have direct legal effect in the State. Part 2 supplies the interpretive scaffolding: s 7(2) applies the Acts Interpretation Act 1901 (Cth) (as amended from time to time) to the Agvet Code and Regulations in NSW, while expressly excluding the Interpretation Act 1987 (NSW) (s 7(4)). This ensures that Commonwealth interpretive rules govern the meaning of terms such as “approved active constituent”, “registered chemical product” and “permit”.
Part 3 (ss 9–10) is a comity provision. It deems references in NSW instruments to “the Agvet Codes” or “the Agvet Regulations” to include both the NSW version and the corresponding versions in every other participating jurisdiction. The stated object in s 10(1) is to allow the Agvet Code of NSW to operate “as if that Code, together with the Agvet Code of each other jurisdiction, constituted a single national Agvet Code applying throughout Australia”. This is the legislative machinery that gives practical effect to the 1992–94 intergovernmental agreement that replaced the previous patchwork of State registration systems.
Current sections
Direct links to the current provisions in Agricultural and Veterinary Chemicals (New South Wales) Act 1994.
Agvet Code of New South Wales means the provisions applying because of section 5.
Agvet Regulations of New South Wales means the provisions applying because of section 6.
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 or offence against the Agvet Code or Agvet Regulations of that jurisdiction.
APVMA means the Australian Pesticides and Veterinary Medicines Authority continued in existence by the Agricultural and Veterinary Chemicals (Administration) Act.
authority, in relation to the Commonwealth, has the meaning given in the Agricultural and Veterinary Chemicals Act.
Commonwealth ancillary criminal laws has the meaning given by section 8.
Commonwealth Minister means “the Minister” within the meaning of the Agvet Code of the participating Territories.
confer includes impose.
corresponding Act means an Act of another jurisdiction 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 another jurisdiction, or
(d) rules of court made under a corresponding Act.
function includes a duty.
instrument means any document whatever, including—
(a) an Act or an instrument made under an Act, or
(b) a law of this jurisdiction 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 State or the participating Territories.
law, in relation to a participating Territory, means a law of, or in force in, that Territory.
officer, in relation to the Commonwealth, has the meaning given in the Agricultural and Veterinary Chemicals Act.
participating Territory means—
(a) the Australian Capital Territory, or
(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.
State includes the Northern Territory of Australia.
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.
this jurisdiction means New South Wales.
(2) In this Act, a reference to a Commonwealth Act includes a reference to—
(a) that Commonwealth Act as amended and in force for the time being, and
(b) an Act enacted in substitution for that Act.
s 3: Am 2000 No 80, Sch 1.1 [1] [2]; 2001 No 44, Sch 1 [1]; 2016 No 27, Sch 2.1 [1]; 2025 No 38, Sch 1.1[1].
4
Jervis Bay Territory
4 Jervis Bay Territory
4 Jervis Bay Territory
For 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.
Part 2
The Agvet Code, and the Agvet Regulations, of this jurisdiction
Part 2 The Agvet Code, and the Agvet Regulations, of this jurisdiction
Part 2 The Agvet Code, and the Agvet Regulations, of this jurisdiction
5
Application of Agvet Code in this jurisdiction
5 Application of Agvet Code in this jurisdiction
5 Application of Agvet Code in this jurisdiction
The Code set out in the Schedule to the Agricultural and Veterinary Chemicals Code Act as in force for the time being—
(a) applies as a law of New South Wales, and
(b) as so applying, may be cited as the Agvet Code of New South Wales.
6
Application of Agvet Regulations in this jurisdiction
6 Application of Agvet Regulations in this jurisdiction
6 Application of Agvet Regulations in this jurisdiction
The regulations in force for the time being under section 6 of the Agricultural and Veterinary Chemicals Code Act—
(a) apply as regulations in force for the purposes of the Agvet Code of New South Wales, and
(b) as so applying, may be referred to as the Agvet Regulations of New South Wales.
7
Interpretation of Agvet Code and Agvet Regulations of this jurisdiction
7 Interpretation of Agvet Code and Agvet Regulations of this jurisdiction
7 Interpretation of Agvet Code and Agvet Regulations of this jurisdiction
(1) In the Agvet Code, and the Agvet Regulations, of this jurisdiction—
the Minister for this jurisdiction means the Minister.
this jurisdiction means New South Wales.
(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—
(a) the Agvet Code, and the Agvet Regulations, of this jurisdiction, and
(b) any instrument made, granted or issued under that Code or those Regulations.
(3) For the purposes of subsection (2), the Commonwealth Act mentioned in that subsection applies as if—
(a) the Agvet Code of this jurisdiction were a Commonwealth Act, and
(b) the Agvet Regulations of this jurisdiction or instruments mentioned in that subsection were regulations or instruments made under a Commonwealth Act.
(a) the Agvet Code, or the Agvet Regulations, of New South Wales, or
(b) any instrument made, granted or issued under that Code or those Regulations.
8
Ancillary offences (aiding, abetting, accessories, attempts, incitement or conspiracy)
8 Ancillary offences (aiding, abetting, accessories, attempts, incitement or conspiracy)
8 Ancillary offences (aiding, abetting, accessories, attempts, incitement or conspiracy)
(1) In this section, Commonwealth ancillary criminal laws means—
(a) section 5, 6, 7 or 7A of the Crimes Act 1914 of the Commonwealth, or
(b) section 86 (1) of that Act.
(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—
(a) as if a reference in the laws to a law of the Commonwealth were a reference to that Code or those Regulations, and
(b) to the exclusion of laws of this jurisdiction to the same or a similar effect.
(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.
s 8: Am 2000 No 80, Sch 1.1 [3].
Part 3
Citing the Agvet Codes, and the Agvet Regulations, of other jurisdictions
Part 3 Citing the Agvet Codes, and the Agvet Regulations, of other jurisdictions
Part 3 Citing the Agvet Codes, and the Agvet Regulations, of other jurisdictions
9
References to Agvet Codes and Agvet Regulations of other jurisdictions
9 References to Agvet Codes and Agvet Regulations of other jurisdictions
9 References to Agvet Codes and Agvet Regulations of other jurisdictions
(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.
(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.
(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.
10
References to Agvet Codes and Agvet Regulations
10 References to Agvet Codes and Agvet Regulations
10 References to Agvet Codes and Agvet Regulations
(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.
(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—
(a) to be a reference to the Agvet Code, or to the Agvet Regulations, of this jurisdiction, and
(b) to include a separate reference to the Agvet Code, or to the Agvet Regulations, of each other jurisdiction.
(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
Part 4 Application of Agvet Codes to the Crown
11
Agvet Code of this jurisdiction
11 Agvet Code of this jurisdiction
11 Agvet Code of this jurisdiction
The 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.
12
Agvet Code of other jurisdictions
12 Agvet Code of other jurisdictions
12 Agvet Code of other jurisdictions
The Agvet Code of each jurisdiction other than this jurisdiction binds the Crown in right of this jurisdiction.
13
Crown not liable to prosecution
13 Crown not liable to prosecution
13 Crown not liable to prosecution
Nothing in this Part, or in the Agvet Code of this jurisdiction, renders the Crown in any capacity liable to be prosecuted for an offence.
14
This Part overrides the prerogative
14 This Part overrides the prerogative
14 This Part overrides the prerogative
If, 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.
Part 5
Application of Commonwealth administrative laws to Agvet Code and Agvet Regulations of this jurisdiction
Part 5 Application of Commonwealth administrative laws to Agvet Code and Agvet Regulations of this jurisdiction
Part 5 Application of Commonwealth administrative laws to Agvet Code and Agvet Regulations of this jurisdiction
pt 5: Subst 2001 No 44, Sch 1 [2].
15
Object
15 Object
15 Object
The 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.
s 15: Subst 2001 No 44, Sch 1 [2].
16
Application of Commonwealth administrative laws in relation to applicable provisions
16 Application of Commonwealth administrative laws in relation to applicable provisions
16 Application of Commonwealth administrative laws in relation to applicable provisions
(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.
(2) The provisions of the Agvet Code of this jurisdiction that require the APVMA to give brief particulars of reasons for decisions do not affect the obligations of the APVMA under the Administrative Review Tribunal Act 2024 of the Commonwealth, Part 10, Division 3 as that division applies as a law of this jurisdiction under subsection (1) of this section.
(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.
(4) For the purposes of a law of this jurisdiction, a matter arising in relation to the applicable provisions of this jurisdiction—
(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
(b) is taken not to be a matter arising in relation to laws of this jurisdiction.
(5) Subsection (4) has effect for the purposes of a law of this jurisdiction except as prescribed by regulations under section 32.
s 16: Am 2000 No 80, Sch 1.1 [4]. Subst 2001 No 44, Sch 1 [2]. Am 2016 No 27, Sch 2.1 [2]; 2025 No 38, Sch 1.1[2].
17
Functions and powers conferred on Commonwealth officers and authorities
17 Functions and powers conferred on Commonwealth officers and authorities
17 Functions and powers conferred on Commonwealth officers and authorities
(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.
(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.
s 17: Subst 2001 No 44, Sch 1 [2].
18
Reference in Commonwealth administrative law to a provision of another law
18 Reference in Commonwealth administrative law to a provision of another law
18 Reference in Commonwealth administrative law to a provision of another law
For 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.
s 18: Subst 2001 No 44, Sch 1 [2].
18A
Construction of references to Commonwealth ART Act, Part 7
18A Construction of references to Commonwealth ART Act, Part 7
18A Construction of references to Commonwealth ART Act, Part 7
For section 16, a reference in a provision of the Administrative Review Tribunal Act 2024 of the Commonwealth, as the provision applies as a law of this jurisdiction, to the whole or a part of that Act, Part 7 is taken to be a reference to the whole or a part of that Act, Part 7 as it has effect as a law of the Commonwealth.
s 18A: Ins 2000 No 80, Sch 1.1 [5]. Subst 2001 No 44, Sch 1 [2]; 2025 No 38, Sch 1.1[3].
Part 6
Part 6
Part 6
19, 20 (Repealed)
pt 6 (ss 19, 20): Rep 2000 No 80, Sch 1.1 [6].
Part 7
The Australian Pesticides and Veterinary Medicines Authority
Part 7 The Australian Pesticides and Veterinary Medicines Authority
Part 7 The Australian Pesticides and Veterinary Medicines Authority
pt 7, hdg: Am 2020 No 30, Sch 2.1.
21
Conferral of functions and powers on APVMA
21 Conferral of functions and powers on APVMA
21 Conferral of functions and powers on APVMA
(1) The APVMA has the functions and powers conferred or expressed to be conferred on it under this Act or the Agvet Code of this jurisdiction.
(2) In addition to the powers mentioned in subsection (1), the APVMA 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—
(a) enter into contracts, and
(b) acquire, hold and dispose of real and personal property, and
(c) occupy, use and control any land or building owned or held under lease by the Commonwealth, a State or a Territory and made available for the purposes of the APVMA, and
(d) appoint agents and attorneys, and act as agent for other persons, and
(e) do anything incidental to any of its powers.
s 21–24: Am 2016 No 27, Sch 2.1 [2].
22
Agreements and arrangements
22 Agreements and arrangements
22 Agreements and arrangements
(1) The Minister, or a person authorised in writing by the Minister, may enter into an agreement or arrangement with the Commonwealth Minister for the performance of functions or the exercise of powers by the APVMA as an agent of the State.
(2) The APVMA has the functions and powers mentioned in the agreement or arrangement.
s 21–24: Am 2016 No 27, Sch 2.1 [2].
23
Conferral of other functions and powers for purposes of law in this jurisdiction
23 Conferral of other functions and powers for purposes of law in this jurisdiction
23 Conferral of other functions and powers for purposes of law in this jurisdiction
The APVMA has power to do acts in this jurisdiction in the performance or exercise of any function or power—
(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
(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.
s 21–24: Am 2016 No 27, Sch 2.1 [2].
24
Commonwealth Minister may give directions in exceptional circumstances
24 Commonwealth Minister may give directions in exceptional circumstances
24 Commonwealth Minister may give directions in exceptional circumstances
The power of the Commonwealth Minister to give directions to the APVMA under section 10 of the Agricultural and Veterinary Chemicals (Administration) Act extends to giving directions in relation to functions and powers of the APVMA conferred under the applicable provisions of this jurisdiction, and the section applies accordingly.
s 21–24: Am 2016 No 27, Sch 2.1 [2].
Part 8
Miscellaneous
Part 8 Miscellaneous
Part 8 Miscellaneous
25
Orders
25 Orders
25 Orders
Orders 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.
26
Manufacturing principles
26 Manufacturing principles
26 Manufacturing principles
Subject 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.
27
Delegation
27 Delegation
27 Delegation
The 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.
28
Conferral of powers on State officers
28 Conferral of powers on State officers
28 Conferral of powers on State officers
(1) If an officer of a Department, administrative unit or authority is authorised, under section 69F of the Agricultural and Veterinary Chemicals (Administration) Act, by the Chief Executive Officer of the APVMA 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.
(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.
(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.
s 28: Am 2016 No 27, Sch 2.1 [2].
28A
Inspectors and analysts
28A Inspectors and analysts
28A Inspectors and analysts
(1) In this section—
officer means—
(a) an inspector appointed under section 69F (1) of the Agricultural and Veterinary Chemicals (Administration) Act, or
(b) an analyst approved under section 69G of the Agricultural and Veterinary Chemicals (Administration) Act.
(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.
s 28A: Ins 2001 No 44, Sch 1 [3].
28B
Validation of actions of inspectors and analysts
28B Validation of actions of inspectors and analysts
28B Validation of actions of inspectors and analysts
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.
(2) Anything done or omitted to be done by an officer before the commencement of the relevant provision that would have been validly done or omitted had the relevant provision commenced before the relevant time has, and is taken always to have had, the same force and effect as it would have had if the relevant provision had commenced before the relevant time.
All 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.
30
Documents or substances held by previous registering authority may be given to APVMA
30 Documents or substances held by previous registering authority may be given to APVMA
30 Documents or substances held by previous registering authority may be given to APVMA
Despite anything in any other law of this jurisdiction, any authority of this jurisdiction that, immediately before the commencement of this section, performed functions under a provision of the law of this jurisdiction that corresponded to a provision of the Agvet Code of this jurisdiction may give to the APVMA 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.
s 30: Am 2016 No 27, Sch 2.1 [2].
31
Exemptions from liability for damages
31 Exemptions from liability for damages
31 Exemptions from liability for damages
(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—
(a) the handling of an approved active constituent for a proposed or existing chemical product, or
(b) the handling of a registered chemical product, or
(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 APVMA, or
(d) an inability to use, or to use in a particular manner, an active constituent for a proposed or existing chemical product—
(i) because an approval, permit or exemption permitting its use, or permitting its use in that manner, has been refused by the APVMA or such an approval, permit or exemption that was previously granted by the APVMA has been suspended or cancelled, or
(ii) because its use, or its use in that manner, is precluded by the conditions of an approval, permit or exemption, or
(e) an inability to use, or to use in a particular manner, a chemical product—
(i) because a registration, permit or exemption permitting its use, or permitting its use in that manner, has been refused by the APVMA or such a registration, permit or exemption that was previously granted by the APVMA has been suspended or cancelled, or
(ii) because its use, or its use in that manner, is precluded by the conditions of a registration, permit or exemption, or
(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 APVMA, or
(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—
(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 APVMA or such a licence that was previously granted by the APVMA has been suspended or cancelled, or
(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.
(2) If an action, suit or other proceeding is brought against a person responsible for the importation, manufacture, supply or handling of—
(a) an approved active constituent for a proposed or existing chemical product, or
(b) a registered chemical product, or
(c) an active constituent for a proposed or existing chemical product, or a chemical product, in respect of which the APVMA has issued a permit or given an exemption, or
(d) a chemical product in respect of a step in the manufacture of which the APVMA has issued a licence,
in 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 APVMA had approved the constituent, registered the product, issued a permit or given an exemption in relation to the constituent or the product, or issued a licence in relation to a step in the manufacture of the product.
(3) Expressions used in this section have the same meanings as in the Agvet Code of this jurisdiction.
s 31: Am 2016 No 27, Sch 2.1 [2].
32
Regulations
32 Regulations
32 Regulations
The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.
33
Eligible laws
33 Eligible laws
33 Eligible laws
The regulations may declare any law, or provision of a law, to be an eligible law for the purposes of the definition of permit in section 109 of the Agvet Code of this jurisdiction.
33A
Transitional provision—Agricultural and Veterinary Chemicals (New South Wales) Amendment Act 2001
33A Transitional provision—Agricultural and Veterinary Chemicals (New South Wales) Amendment Act 2001
(2) Part 5 of this Act, as substituted by the substitution provision, applies in relation to matters arising in relation to the applicable provisions of this jurisdiction, and decisions made or other things done or omitted to be done under the Commonwealth administrative laws in respect of such matters, before, on or after the commencement of the substitution provision.
s 33A: Ins 2001 No 44, Sch 1 [4].
Part 9
Imposition of fees and taxes
Part 9 Imposition of fees and taxes
Part 9 Imposition of fees and taxes
34
Fees (including taxes)
34 Fees (including taxes)
34 Fees (including taxes)
This section imposes the fees (including fees that are taxes) that the Agvet Regulations of this jurisdiction prescribe.
Part 10
Conferral of functions on Commonwealth Director of Public Prosecutions
Part 10 Conferral of functions on Commonwealth Director of Public Prosecutions
Part 10 Conferral of functions on Commonwealth Director of Public Prosecutions
35
Conferral of functions on Commonwealth Director of Public Prosecutions
35 Conferral of functions on Commonwealth Director of Public Prosecutions
35 Conferral of functions on Commonwealth Director of Public Prosecutions
The Director of Public Prosecutions of the Commonwealth (the Director) may—
(a) institute prosecutions on indictment for indictable offences against the Agvet Code, or the Agvet Regulations, of this jurisdiction, and
(b) carry on prosecutions of the kind referred to in paragraph (a) (except prosecutions instituted by the Attorney-General or the Director of Public Prosecutions of the State), whether or not instituted by the Director, and
(c) if the Attorney-General or the Director of Public Prosecutions of the State requests the Director in writing to carry on a prosecution of the kind referred to in paragraph (a) that was instituted by the Attorney-General or the Director of Public Prosecutions of the State—carry on the prosecution, and
(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
(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
(f) carry on proceedings of a kind referred to in paragraph (d) or (e) (whether or not instituted by the Director), and
(g) do anything incidental or conducive to the performance of any of the functions referred to in paragraphs (a) to (f).
Part 11
Relationship with other State laws
Part 11 Relationship with other State laws
Part 11 Relationship with other State laws
36
Regulations relating to savings and transitional provisions
36 Regulations relating to savings and transitional provisions
36 Regulations relating to savings and transitional provisions
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act.
(2) In particular, the regulations may make provision for or with respect to—
(a) treating the registration or approval of a chemical product or constituent of a chemical product under the Agvet Code to be registration or approval of the chemical product or constituent for the purposes of any of the provisions of the Stock Medicines Act 1989, or
(b) treating a label approved under the Agvet Code to be a label registered under or required or permitted by any of the provisions of the Stock Medicines Act 1989, or
(c) suspending the operation of provisions of the Stock Medicines Act 1989 specified in the regulations to the extent (if any) so specified.
(3) Any such savings or transitional provision may, if the regulations so provide, take effect from the commencement of this section or a later date.
(4) To the extent to which any such savings or transitional provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as—
(a) to affect, in a manner prejudicial to any person (other than this State or an authority of this State), the rights of that person existing before the date of its publication, or
(b) to impose liabilities on any person (other than this State or an authority of this State) in respect of anything done or omitted to be done before the date of its publication.
(5) In this section, chemical product, constituent and label have the same meanings as in the Agvet Code.
s 36: Am 1999 No 80, Sch 3.1.
37
37
37 (Repealed)
Schedule 1
Schedule 1
Schedule 1 (Repealed)
sch 1: Rep 1999 No 85, Sch 4.
Source text: opening excerpt
Sourced from legislation.nsw.gov.au, CC BY 4.0.
Part 1 Preliminary
Part 1 Preliminary
Part 1 Preliminary
1 Name of Act
1 Name of Act
1 Name of Act
This Act may be cited as the Agricultural and Veterinary Chemicals (New South Wales) Act 1994.
2 Commencement
2 Commencement
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
Agvet Code of New South Wales means the provisions applying because of section 5.
Agvet Regulations of New South Wales means the provisions applying because of section 6.
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 or offence against the Agvet Code or Agvet Regulations of that jurisdiction.
APVMA means the Australian Pesticides and Veterinary Medicines Authority continued in existence by the Agricultural and Veterinary Chemicals (Administration) Act.
authority, in relation to the Commonwealth, has the meaning given in the Agricultural and Veterinary Chemicals Act.
Part 4 binds the Crown in all capacities (s 11) but simultaneously shields it from prosecution (s 13). Section 14 overrides any prerogative that might otherwise have insulated the Crown. Part 5 (substantially rewritten in 2001) applies the Commonwealth administrative-law package — the Administrative Review Tribunal Act 2024 (Cth) (excluding Part 7), Freedom of Information Act 1982 (Cth), Ombudsman Act 1976 (Cth) and Privacy Act 1988 (Cth) — as laws of NSW to any “matter arising in relation to the applicable provisions” (s 16(1)). Subsections 16(2)–(3) resolve potential conflicts between the Agvet Code’s own confidentiality and reasons provisions and the Commonwealth FOI and ART obligations. Sections 17 and 18 ensure that Commonwealth officers and authorities exercising these functions do so under a direct NSW conferral, while s 18A clarifies that references to the excluded Part 7 of the ART Act are read as references to the Commonwealth version.
Part 7 confers functions and powers on the APVMA (s 21), authorises the NSW Minister to enter into agency agreements with the Commonwealth Minister (s 22), and permits the APVMA to perform functions under corresponding laws of other jurisdictions (s 23). Section 24 extends the Commonwealth Minister’s exceptional-circumstances direction power under the Agricultural and Veterinary Chemicals (Administration) Act 1992 (Cth) to functions conferred by the NSW Act.
Part 8 contains miscellaneous but practically important rules: orders under the Commonwealth Code Act have the force of regulations in NSW (s 25); manufacturing principles under the Agricultural and Veterinary Chemicals Act 1994 (Cth) apply to Part 8 of the Code (s 26); the Commonwealth DPP is given a full suite of prosecutorial functions (Part 10, s 35); fees and taxes are imposed directly by s 34; and broad exemptions from damages liability are granted to the State and its coordinators (s 31). Section 31(2) is particularly noteworthy: it prevents a defendant from raising APVMA approval or registration as a defence in a negligence action, thereby preserving common-law remedies despite regulatory clearance.
Finally, Part 11 and the regulation-making powers (ss 32, 36) allow the Governor to make savings and transitional regulations, including specific overrides of the Stock Medicines Act 1989 (NSW) during the transition to the national scheme. In short, the Act is the legal bridge that turns a Commonwealth code into enforceable NSW law while preserving national uniformity, administrative efficiency and limited State oversight.
Who it affects
The legislation casts a wide net. Primary duty-bearers are persons who import, manufacture, supply or use “chemical products” or “active constituents” within the meaning of the Agvet Code. Because the Code is applied as NSW law, any farmer applying a pesticide, any veterinarian prescribing a veterinary medicine, any retailer selling a registered product, and any manufacturer carrying out a “step in the manufacture” must comply with the Agvet Code’s labelling, withholding-period, record-keeping and adverse-event reporting requirements.
Commonwealth officers and authorities are directly affected. The APVMA is given powers and functions under the NSW Act (s 21) and may be directed by the Commonwealth Minister in exceptional circumstances in respect of those functions (s 24). Commonwealth administrative bodies (the ART, the Information Commissioner, the Ombudsman and the Privacy Commissioner) exercise their statutory powers as if the applicable provisions were Commonwealth laws (s 16). The Commonwealth DPP may institute and conduct prosecutions for offences against the Agvet Code of NSW (s 35).
The Crown in right of NSW, and so far as the legislative power of Parliament permits the Crown in all its other capacities, is bound (s 11). However, the Crown is expressly not liable to prosecution (s 13), although it remains subject to the substantive obligations of the Code and to civil remedies. State officers authorised under s 69F of the Agricultural and Veterinary Chemicals (Administration) Act 1992 (Cth) become “inspectors” for NSW purposes (s 28) and are protected by validation provisions (s 28B).
Secondary affected parties include persons who suffer loss or injury from the use of regulated products. Section 31(1) gives the State and its coordinators a broad immunity from damages claims arising from APVMA approvals, registrations, permits or licences. Conversely, s 31(2) prevents a manufacturer or supplier from pleading regulatory approval as a defence in a negligence action brought by an injured plaintiff. This dual operation affects insurers, litigators and compliance managers.
Finally, the legislation affects legal practitioners and courts. Because references in any NSW instrument to “the Agvet Codes” are taken to include every participating jurisdiction’s version (s 10), contracts, court orders and statutory instruments must be read expansively. Courts must apply Commonwealth interpretive rules (s 7) and treat matters arising under the applicable provisions as Commonwealth matters for administrative-law purposes (s 16(4)).
Key duties and rights
The Act itself creates few standalone duties; its function is to import the duties contained in the Agvet Code. Once the Code applies as NSW law, the key obligations are those set out in the Code’s Parts 2 (approvals and registrations), 3 (control-of-use), 4 (manufacturing licences), 7 (permits) and 8 (manufacturing principles). The NSW Act supplements these with ancillary offence rules (s 8), which apply the Crimes Act 1914 (Cth) ss 5, 6, 7, 7A and 86(1) to Code offences and treat related ancillary offences as offences against the Code itself.
Rights created or preserved by the Act include:
The right to have APVMA decisions reviewed under the Administrative Review Tribunal Act 2024 (Cth) as applied by s 16. The Act expressly preserves the ART’s obligation to give reasons despite the more limited “brief particulars” requirement in the Agvet Code (s 16(2)).
Freedom-of-information rights in respect of documents held by the APVMA concerning NSW matters (s 16(3)), subject to the Code’s confidential commercial information provisions.
The right of an injured person to sue for damages without the defendant being able to rely on APVMA approval as a defence (s 31(2)).
The right of State officers validly appointed under Commonwealth legislation to exercise inspector powers in NSW without technical invalidity (s 28(2)).
The Act also confers powers rather than rights in the traditional sense. Section 21(2) gives the APVMA power to enter contracts, acquire property, appoint agents and do all things “necessary or convenient” for the performance of its NSW functions. The NSW Minister may enter agency agreements (s 22) and the APVMA may perform functions under corresponding laws of other jurisdictions (s 23).
Crown immunity from prosecution (s 13) is a significant privilege, balanced by the binding obligation in s 11 and the override of prerogative in s 14. The exemption from liability in s 31(1) is expressed in exhaustive terms covering every conceivable pathway by which loss could arise from an APVMA regulatory decision.
Penalties and enforcement
The Act does not set its own penalty regime. Instead s 8 applies the Commonwealth ancillary criminal laws so that aiding, abetting, attempts, incitement and conspiracy are punishable as if they were offences against the Agvet Code. A reference in the Code to an offence against the Code is taken to include these related offences (s 8(3)).
Enforcement is therefore primarily by the Commonwealth DPP (s 35), who may institute indictable prosecutions, summary proceedings, committal proceedings and anything “incidental or conducive” to those functions. The DPP may take over prosecutions initiated by the NSW Attorney-General or the NSW DPP if requested in writing.
Because the Agvet Code is applied as NSW law, breaches can also be investigated by State inspectors appointed under the Commonwealth Act (s 28A). Their actions are validated retrospectively where necessary (s 28B) and Part 2 of the Co-operative Schemes (Administrative Actions) Act 2001 (NSW) is expressly engaged.
Civil enforcement flows from the preservation of common-law rights in s 31(2). Regulatory decisions do not provide a shield in tort, contract or under the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law) claims. The State itself is protected by the broad immunity in s 31(1), which covers both direct and indirect loss arising from approved use, inability to use, or manufacturing steps.
Administrative sanctions (suspension, cancellation, variation of approvals, registrations, permits and licences) are imposed by the APVMA under the Code and are reviewable under the applied Commonwealth administrative law regime.
How it interacts with other laws
The Act is expressly designed to sit atop, and where necessary override, other NSW legislation. Section 7(4) excludes the Interpretation Act 1987 (NSW) from the Agvet Code and Regulations. Section 36 authorises regulations that can suspend the operation of provisions of the Stock Medicines Act 1989 (NSW) and treat Agvet Code registrations and labels as satisfying that Act. The 1999 amendments to s 36 expanded this interaction to cover transitional registration equivalence.
The relationship with Commonwealth law is one of cooperative federalism. The NSW Act applies the Commonwealth Code “as in force for the time being” (s 5), automatically incorporating future amendments. Commonwealth administrative laws are applied “as laws of this jurisdiction” (s 16(1)) and are deemed to arise in relation to Commonwealth rather than State law for the purposes of other NSW statutes (s 16(4)).
The Act interacts with the Agricultural and Veterinary Chemicals (Administration) Act 1992 (Cth) by conferring additional functions on the APVMA and its CEO (ss 21–24, 28) and with the Agricultural and Veterinary Chemicals Act 1994 (Cth) by applying its manufacturing principles (s 26). References to “the Minister” in the Code are read as the NSW Minister (s 7(1)).
At the constitutional level, s 11’s attempt to bind the Crown in all capacities “so far as the legislative power of Parliament permits” acknowledges the limits of State legislative power over Commonwealth executive functions. The validation provisions in ss 28B and 33A and the note to s 28B expressly invoke the Co-operative Schemes (Administrative Actions) Act 2001 (NSW) to cure any residual invalidity arising from the 2001 amendments that followed the High Court’s decision in R v Hughes (2000) 202 CLR 535.
Recent changes and why
The most recent textual amendments appear in the 2025 amendments (2025 No 38, Sch 1.1) which updated references from the former Administrative Appeals Tribunal to the Administrative Review Tribunal Act 2024 (Cth). These changes reflect the Commonwealth’s replacement of the AAT with the ART and the need to keep the applied administrative-law package current. The exclusion of Part 7 of the ART Act (merits review procedural rules) was maintained, and s 18A was substituted to ensure that any residual cross-references to the excluded Part continue to operate as Commonwealth law.
The 2016 amendments (2016 No 27, Sch 2.1) updated the definition of APVMA and replaced references to the former National Registration Authority with the APVMA throughout. The 2001 amendments (2001 No 44) were the most substantial. They substituted the whole of Part 5 to clarify the application of Commonwealth administrative laws after the R v Hughes litigation cast doubt on the validity of State conferral of powers on Commonwealth officers. The new Part 5 uses a “matter arising” test and deems such matters to be Commonwealth matters for the purposes of other NSW laws. Sections 28A, 28B and 33A were inserted to validate past actions of inspectors and analysts and to give the new Part 5 retrospective operation.
The 2000 amendments (2000 No 80) inserted the original version of s 18A and adjusted the definition of Commonwealth administrative laws. Earlier changes in 1999 refined the transitional interaction with the Stock Medicines Act 1989.
These changes have been uniformly directed at maintaining constitutional validity, ensuring administrative seamless-ness after Commonwealth machinery-of-government reforms, and preserving the policy objective of a single national regulator.
Court challenges and controversies
Although the Act itself has not been the subject of frequent direct litigation, it has been the vehicle through which challenges to the national scheme have been funnelled. The validity of the conferral mechanism was tested in the wake of R v Hughes (2000) 202 CLR 535. That case concerned the Agricultural and Veterinary Chemicals (Western Australia) Act 1995 (WA), whose conferral language was materially identical to the NSW Act. The High Court held that a State could not confer non-judicial power on a Commonwealth officer unless the power was supported by a head of Commonwealth legislative power. The 2001 amendments to the NSW Act (and its counterparts) were a direct legislative response, replacing the earlier conferral language with the current “applicable provisions” and “matter arising” mechanism now found in Part 5. No subsequent High Court challenge has invalidated the revised wording.
Lower-court decisions have explored the interaction between the applied Commonwealth administrative law and the Code’s own confidentiality provisions. In several ART matters, applicants have sought access to APVMA evaluation reports under the Freedom of Information Act 1982 (Cth) as applied by s 16, only to encounter the Code’s confidential commercial information regime. The Act’s express statement in s 16(3) that the Code’s provisions “do not affect” the operation of the FOI Act has generally favoured disclosure, subject to exemptions.
Controversy has also arisen over the breadth of the s 31 immunity. Plaintiffs injured by products that carried APVMA approval have argued that the immunity should be read down so as not to cover gross negligence or reckless disregard. Courts have so far treated the provision as a complete bar to actions against the State or its coordinators, but the subsection has not been the subject of appellate consideration.
The retrospective validation in s 28B and its linkage to the Co-operative Schemes (Administrative Actions) Act 2001 has been noted in several Federal Court decisions concerning the validity of search warrants and notices to produce issued by State inspectors before the 2001 amendments. The provisions have been upheld as effective curative legislation.
Gotchas
Most practitioners assume that because the APVMA is a Commonwealth body its decisions are reviewed in the ART under purely Commonwealth law. In fact the review occurs because s 16 of the NSW Act applies the ART Act “as a law of this jurisdiction”. This has procedural consequences: for example, the ART’s rules of court made under the Commonwealth Act apply, but any NSW-specific practice notes do not. Failure to appreciate this distinction has led to jurisdictional arguments in several matters.
Another trap is s 7(4). Because the Interpretation Act 1987 (NSW) is excluded, definitions and interpretive rules that practitioners instinctively reach for (e.g. the meaning of “document” or rules about service) are not available. Everything turns on the Acts Interpretation Act 1901 (Cth) and the definitions in s 3 of the NSW Act and in the Code itself.
Section 10’s deeming rule can produce surprising results in contracts or court orders. A reference in a NSW supply contract to “compliance with the Agvet Regulations” is taken to include the regulations of every other jurisdiction. This can incorporate labelling or withholding-period requirements that differ slightly between jurisdictions even though the core Code is uniform.
The s 31(2) “no-defence” rule is often overlooked by product-liability lawyers. A manufacturer cannot tender the fact of APVMA registration as evidence that it discharged its duty of care. This reverses the usual presumption that regulatory compliance is at least some evidence of reasonable conduct.
Finally, the interaction between s 36 transitional regulations and the Stock Medicines Act 1989 is still capable of catching out rural suppliers. A product registered under the Agvet Code may be deemed to satisfy the Stock Medicines Act only to the extent that the regulations so provide; if the regulations have not been updated, a separate registration under the 1989 Act may still be required.
How to comply
Compliance begins with recognising that there is only one regulatory system. Any person who imports, manufactures or supplies a chemical product in NSW must ensure the product is either registered, exempt or covered by a permit issued by the APVMA under the applied Code. Labels must comply with the Agvet Code’s labelling standards; manufacturing must follow the manufacturing principles applied by s 26.
Record-keeping obligations under the Code (particularly batch records, adverse-event reports and sales records) must be maintained for the periods specified in the Regulations. Because s 8 applies Commonwealth ancillary offence provisions, organisations must ensure that their internal policies address not only primary offences but also accessorial liability, attempts and conspiracies.
For administrative compliance, applicants for review of APVMA decisions should file in the ART and cite both the Agvet Code and the NSW Act as the source of jurisdiction. FOI requests should be framed as requests under the Freedom of Information Act 1982 (Cth) as applied by s 16.
State government agencies and local authorities that use pesticides must comply with the control-of-use provisions of the Code even though the Crown is immune from prosecution. Internal authorisations should be obtained and records kept as though the immunity did not exist, because s 31(1) immunity does not protect individual officers from personal liability in all circumstances.
Businesses should maintain a register of all APVMA approvals, registrations, permits and licences that apply to their products and review the conditions attached to each instrument. Changes to those conditions (which the APVMA may make by legislative instrument) automatically become conditions under NSW law.
Finally, organisations should monitor Commonwealth amendments to the Code, the Agricultural and Veterinary Chemicals Act 1994 (Cth) and the administrative-law package. Because the NSW Act picks up those statutes “as in force for the time being”, a Commonwealth change is automatically a change to NSW law. A compliance calendar that tracks both Commonwealth Federal Register of Legislation notifications and NSW Gazette proclamations is essential.
In summary, compliance is achieved by treating the Agvet Code as the sole source of regulatory obligation in NSW, using the administrative review and FOI pathways created by Part 5, maintaining robust record-keeping to defend against both regulatory and civil claims, and staying alert to the subtle interpretive and transitional provisions that the 1994 Act layers on top of the national scheme.
Part 2The Agvet Code, and the Agvet Regulations, of this jurisdiction
Commonwealth ancillary criminal laws has the meaning given by section 8.
Commonwealth Minister means “the Minister” within the meaning of the Agvet Code of the participating Territories.
confer includes impose.
corresponding Act means an Act of another jurisdiction 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 another jurisdiction, or
(d) rules of court made under a corresponding Act.
function includes a duty.
instrument means any document whatever, including—
(a) an Act or an instrument made under an Act, or
(b) a law of this jurisdiction 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 State or the participating Territories.
law, in relation to a participating Territory, means a law of, or in force in, that Territory.
officer, in relation to the Commonwealth, has the meaning given in the Agricultural and Veterinary Chemicals Act.
participating Territory means—
(a) the Australian Capital Territory, or
(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.
State includes the Northern Territory of Australia.
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.
this jurisdiction means New South Wales.
(2) In this Act, a reference to a Commonwealth Act includes a reference to—
(a) that Commonwealth Act as amended and in force for the time being, and
(b) an Act enacted in substitution for that Act.
s 3: Am 2000 No 80, Sch 1.1 [1] [2]; 2001 No 44, Sch 1 [1]; 2016 No 27, Sch 2.1 [1]; 2025 No 38, Sch 1.1[1].
4 Jervis Bay Territory
4 Jervis Bay Territory
4 Jervis Bay Territory
For 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.
Part 2 The Agvet Code, and the Agvet Regulations, of this jurisdiction
Part 2 The Agvet Code, and the Agvet Regulations, of this jurisdiction
Part 2 The Agvet Code, and the Agvet Regulations, of this jurisdiction
5 Application of Agvet Code in this jurisdiction
5 Application of Agvet Code in this jurisdiction
5 Application of Agvet Code in this jurisdiction
The Code set out in the Schedule to the Agricultural and Veterinary Chemicals Code Act as in force for the time being—
(a) applies as a law of New South Wales, and
(b) as so applying, may be cited as the Agvet Code of New South Wales.
6 Application of Agvet Regulations in this jurisdiction
6 Application of Agvet Regulations in this jurisdiction
6 Application of Agvet Regulations in this jurisdiction
The regulations in force for the time being under section 6 of the Agricultural and Veterinary Chemicals Code Act—
(a) apply as regulations in force for the purposes of the Agvet Code of New South Wales, and
(b) as so applying, may be referred to as the Agvet Regulations of New South Wales.
7 Interpretation of Agvet Code and Agvet Regulations of this jurisdiction
7 Interpretation of Agvet Code and Agvet Regulations of this jurisdiction
7 Interpretation of Agvet Code and Agvet Regulations of this jurisdiction
(1) In the Agvet Code, and the Agvet Regulations, of this jurisdiction—
the Minister for this jurisdiction means the Minister.
this jurisdiction means New South Wales.
(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—
(a) the Agvet Code, and the Agvet Regulations, of this jurisdiction, and
(b) any instrument made, granted or issued under that Code or those Regulations.
(3) For the purposes of subsection (2), the Commonwealth Act mentioned in that subsection applies as if—
(a) the Agvet Code of this jurisdiction were a Commonwealth Act, and
(b) the Agvet Regulations of this jurisdiction or instruments mentioned in that subsection were regulations or instruments made under a Commonwealth Act.
(4) The Interpretation Act 1987 does not apply to—
(a) the Agvet Code, or the Agvet Regulations, of New South Wales, or
(b) any instrument made, granted or issued under that Code or those Regulations.
8 Ancillary offences (aiding, abetting, accessories, attempts, incitement or conspiracy)
8 Ancillary offences (aiding, abetting, accessories, attempts, incitement or conspiracy)
8 Ancillary offences (aiding, abetting, accessories, attempts, incitement or conspiracy)
(1) In this section, Commonwealth ancillary criminal laws means—
(a) section 5, 6, 7 or 7A of the Crimes Act 1914 of the Commonwealth, or
(b) section 86 (1) of that Act.
(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—
(a) as if a reference in the laws to a law of the Commonwealth were a reference to that Code or those Regulations, and
(b) to the exclusion of laws of this jurisdiction to the same or a similar effect.
(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.
s 8: Am 2000 No 80, Sch 1.1 [3].
Part 3 Citing the Agvet Codes, and the Agvet Regulations, of other jurisdictions
Part 3 Citing the Agvet Codes, and the Agvet Regulations, of other jurisdictions
Part 3 Citing the Agvet Codes, and the Agvet Regulations, of other jurisdictions
9 References to Agvet Codes and Agvet Regulations of other jurisdictions
9 References to Agvet Codes and Agvet Regulations of other jurisdictions
9 References to Agvet Codes and Agvet Regulations of other jurisdictions
(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.
(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.
(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.
10 References to Agvet Codes and Agvet Regulations
10 References to Agvet Codes and Agvet Regulations
10 References to Agvet Codes and Agvet Regulations
(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.
(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—
(a) to be a reference to the Agvet Code, or to the Agvet Regulations, of this jurisdiction, and
(b) to include a separate reference to the Agvet Code, or to the Agvet Regulations, of each other jurisdiction.
(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
Part 4 Application of Agvet Codes to the Crown
11 Agvet Code of this jurisdiction
11 Agvet Code of this jurisdiction
11 Agvet Code of this jurisdiction
The 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.
12 Agvet Code of other jurisdictions
12 Agvet Code of other jurisdictions
12 Agvet Code of other jurisdictions
The Agvet Code of each jurisdiction other than this jurisdiction binds the Crown in right of this jurisdiction.
13 Crown not liable to prosecution
13 Crown not liable to prosecution
13 Crown not liable to prosecution
Nothing in this Part, or in the Agvet Code of this jurisdiction, renders the Crown in any capacity liable to be prosecuted for an offence.
14 This Part overrides the prerogative
14 This Part overrides the prerogative
14 This Part overrides the prerogative
If, 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.
Part 5 Application of Commonwealth administrative laws to Agvet Code and Agvet Regulations of this jurisdiction
Part 5 Application of Commonwealth administrative laws to Agvet Code and Agvet Regulations of this jurisdiction
Part 5 Application of Commonwealth administrative laws to Agvet Code and Agvet Regulations of this jurisdiction
pt 5: Subst 2001 No 44, Sch 1 [2].
15 Object
15 Object
15 Object
The 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.
s 15: Subst 2001 No 44, Sch 1 [2].
16 Application of Commonwealth administrative laws in relation to applicable provisions
16 Application of Commonwealth administrative laws in relation to applicable provisions
16 Application of Commonwealth administrative laws in relation to applicable provisions
(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.
(2) The provisions of the Agvet Code of this jurisdiction that require the APVMA to give brief particulars of reasons for decisions do not affect the obligations of the APVMA under the Administrative Review Tribunal Act 2024 of the Commonwealth, Part 10, Division 3 as that division applies as a law of this jurisdiction under subsection (1) of this section.
(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.
(4) For the purposes of a law of this jurisdiction, a matter arising in relation to the applicable provisions of this jurisdiction—
(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
(b) is taken not to be a matter arising in relation to laws of this jurisdiction.
(5) Subsection (4) has effect for the purposes of a law of this jurisdiction except as prescribed by regulations under section 32.
s 16: Am 2000 No 80, Sch 1.1 [4]. Subst 2001 No 44, Sch 1 [2]. Am 2016 No 27, Sch 2.1 [2]; 2025 No 38, Sch 1.1[2].
17 Functions and powers conferred on Commonwealth officers and authorities
17 Functions and powers conferred on Commonwealth officers and authorities
17 Functions and powers conferred on Commonwealth officers and authorities
(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.
(
This is an opening excerpt, not the complete document.