Agricultural and Veterinary Chemicals (Victoria) Act 1994

The foundational concept is the Agvet Code of Victoria, defined in section 3 as the provisions applying because of section 5. Section 5 declares that the Code set out in the Schedule to the Commonwealth Agricultural and Veterinary Chemicals Code Act 1994, as in force from time to time, applies as a law of Victoria and may be cited as the Agvet Code of Victoria. The Agvet Regulations of Victoria, defined in section 3, are the regulations in force from time to time under section 6 of the Commonwealth Code Act, applying as regulations for the purposes of the Agvet Code of Victoria. The term applicable provision is defined broadly in section 3 to mean a provision of the Agvet Code of a jurisdiction, the Agvet Regulations of that jurisdiction, or a law of the Commonwealth that applies in that jurisdiction in relation to a provision of or an offence against the Agvet Code or Agvet Regulations of that jurisdiction. This is the key term for the operation of Part 5, which applies Commonwealth administrative laws. The NRA is the National Registration Authority for Agricultural and Veterinary Chemicals established by the Commonwealth Agricultural and Veterinary Chemicals (Administration) Act 1992. The Act confers on the NRA the functions and powers expressed to be conferred under the Act or the Agvet Code of Victoria, plus power to do all things necessary or convenient in connection with those functions (section 21). The NRA can also enter into agreements with the Minister for performing functions or exercising powers as an agent of the State (section 22). Commonwealth administrative laws are defined in section 3 to mean the Administrative Review Tribunal Act 2024 (excluding Part 7), the Freedom of Information Act 1982, the Ombudsman Act 1976, and the Privacy Act 1988, and their regulations. Commonwealth ancillary criminal laws are defined in section 8 to mean sections 5, 6, 7, 7A and 86(1) of the Crimes Act 1914 of the Commonwealth. Participating Territory means the Australian Capital Territory or another Territory declared under regulations under section 25 of the Commonwealth Agricultural and Veterinary Chemicals Act. The Commonwealth Minister is defined as the Minister within the meaning of the Agvet Code of the participating Territories. Section 7 provides that the Commonwealth Acts Interpretation Act 1901 applies as a law of Victoria to the interpretation of the Agvet Code and Agvet Regulations of Victoria, and that the Victorian Interpretation of Legislation Act 1984 does not apply to them. This ensures uniform interpretation across all adopting jurisdictions. Part 3 provides for references to Agvet Codes and Agvet Regulations of other jurisdictions, with section 10 stating that a reference in an instrument to the Agvet Codes or Agvet Regulations is taken, for laws of this jurisdiction, to be a reference to the Victorian version and to include a separate reference to each other jurisdiction's version, unless a contrary intention appears. This helps the national scheme operate as if it were a single national Agvet Code.

The Act directly affects the NRA, Commonwealth officers and authorities, State officers and employees, inspectors and analysts, the Crown, the Commonwealth Director of Public Prosecutions, and any person who deals with agricultural or veterinary chemical products in Victoria. The NRA is given functions and powers under Part 7: section 21 confers all functions and powers expressed to be conferred under the Act or the Agvet Code of Victoria, plus incidental powers including contracting, holding property, and appointing agents. Section 23 allows the NRA to do acts in Victoria in the performance of functions or powers expressed to be conferred by a corresponding law of another jurisdiction or under an agreement made under a corresponding provision. Section 23A extends the NRA's consultation duties under section 8A of the Commonwealth Agricultural and Veterinary Chemicals (Administration) Act to matters arising under the applicable provisions of Victoria, and requires the Gene Technology Regulator to give written advice within a specified period. Section 24 allows the Commonwealth Minister to give directions to the NRA under section 10 of the Commonwealth Administration Act in relation to the NRA's functions and powers under the Victorian applicable provisions. The Crown is bound: section 11 binds the Crown in right of Victoria and, so far as legislative power permits, the Crown in all its other capacities to the Agvet Code of Victoria. Section 12 binds the Crown in right of Victoria to the Agvet Code of each other jurisdiction. However, section 13 provides that nothing in Part 4 or the Agvet Code of Victoria renders the Crown liable to prosecution for an offence. Section 14 provides that if a provision of another jurisdiction's law binds the Crown in right of Victoria because of Part 4, that provision applies despite any prerogative right or privilege. State officers or employees may be conferred inspectorial powers: section 28 provides that if a Victorian public service employee or authority officer is authorised under section 69F of the Commonwealth Administration Act by the CEO of the NRA to exercise inspector powers for a relevant law, those powers and functions are conferred on that officer or employee. Section 28A gives inspectors and analysts appointed under sections 69F and 69G of the Commonwealth Administration Act the functions and powers conferred under the applicable provisions of Victoria. Section 28B validates actions of such officers done before the commencement of the 2001 amendment that inserted section 28A, deeming them to have had effect as if that section had been in force. Part 10 confers prosecution functions on the Commonwealth Director of Public Prosecutions (section 35), covering indictable and summary offences, commitment proceedings, and incidental matters. The DPP may also carry on prosecutions instituted by the Attorney-General if requested. Section 31 protects the State and the co-ordinator of this jurisdiction from damages actions for loss or injury resulting from the handling of approved constituents, registered products, permitted products, or licensed manufacturing steps, or from an inability to use or manufacture because of NRA decisions. But subsection (2) makes clear that this protection does not extend to manufacturers, importers, suppliers or handlers - for them, it is not a defence that the NRA approved, registered, permitted or licensed the product.

The Act itself does not create a complete regulatory code; the substantive duties and rights are in the Agvet Code of Victoria (the adopted Commonwealth Code). However, the Act establishes the framework within which those duties and rights operate. The NRA has a duty to perform its functions and exercise its powers under the Act and the Agvet Code of Victoria, and it has the right to do all things necessary or convenient in connection with that performance (section 21(2)). The NRA may also enter into agreements with the Minister for performing functions or exercising powers as an agent of the State (section 22). A key duty imposed on the NRA by the Act is the consultation duty in section 23A: the duty under section 8A of the Commonwealth Administration Act extends to matters arising under the applicable provisions of Victoria, and the NRA must give the Gene Technology Regulator a notice under that section; the Regulator then must give written advice within the specified period. Section 24 gives the Commonwealth Minister the right to give directions to the NRA in exceptional circumstances in relation to its Victorian functions, extending the power under section 10 of the Commonwealth Administration Act. The Minister (Victorian) has the right to delegate powers under section 71 of the Commonwealth Administration Act in relation to powers conferred on the Commonwealth Minister under the Victorian Act or Agvet Code (section 27). The Commonwealth Director of Public Prosecutions has the right to institute and carry on prosecutions for offences against the Agvet Code and Agvet Regulations of Victoria (section 35). Section 29 creates an obligation on persons to pay fees, taxes and other money (other than penalties and fines) authorised or directed under the applicable provisions of Victoria to the Commonwealth. Section 30 gives any Victorian authority that previously performed functions corresponding to a provision of the Agvet Code of Victoria the right to give documents or substances to the NRA, despite any other law of Victoria. Section 31 creates a right of the State and the co-ordinator to be exempt from damages for loss or injury resulting from specified NRA actions (handling, refusals, suspensions, cancellations, conditions, or licensed steps). Subsection (2) makes clear that this exemption does not benefit private persons responsible for importing, manufacturing, supplying or handling - for them, there is no defence that the NRA approved the product or issued a permit or licence. Section 36 gives the Governor in Council the power to make regulations that allow a specified State law to have effect despite the Agvet Code, or that modify the application of the Agvet Code, or that disapply a provision of the Agvet Code. Those regulations may have retrospective effect from the day the relevant provision applied in Victoria, but cannot affect existing rights prejudicially or impose liabilities for things done before publication (section 36(4)). This is a significant power to tailor the national scheme to Victorian circumstances. The right to seek review of NRA decisions is provided through the application of Commonwealth administrative laws: under section 16, the Administrative Review Tribunal Act 2024, FOI Act, Ombudsman Act and Privacy Act apply as laws of Victoria to matters arising under the applicable provisions. Section 16(2) provides that the Agvet Code provisions requiring the NRA to give brief particulars of reasons do not affect the NRA's obligations under section 269 of the Commonwealth ART Act (reasons for decisions). Section 16(3) provides that the Agvet Code provisions on disclosure of confidential commercial information do not affect the operation of the FOI Act. Section 17 confers on Commonwealth officers and authorities the same functions and powers in relation to Victorian applicable provisions as they have under the Commonwealth administrative law, and requires them to act as nearly as practicable as they would under that law.

The Act itself does not specify penalties for substantive offences; those are contained in the Agvet Code of Victoria (the adopted Commonwealth Code). However, the Act establishes the enforcement framework. Section 8 applies the Commonwealth ancillary criminal laws (sections 5, 6, 7, 7A and 86(1) of the Crimes Act 1914) as laws of Victoria in relation to offences against the Agvet Code or Agvet Regulations of Victoria. This means that aiding, abetting, counselling or procuring an offence (section 5 of the Crimes Act), inciting (section 6), attempting (section 7), conspiracy (section 86(1)), and being an accessory after the fact (section 7A) are all applicable to Victorian Agvet offences. These apply to the exclusion of Victorian laws to the same or similar effect (section 8(2)(b)). Section 8(3) provides that a reference in the Agvet Code or Agvet Regulations of Victoria to an offence includes a reference to a related offence against the Commonwealth ancillary criminal laws. Section 13 provides that the Crown is not liable to prosecution for an offence under the Agvet Code of Victoria, despite the Crown being bound by the Code. This means that only persons other than the Crown can be prosecuted. Section 35 confers on the Commonwealth Director of Public Prosecutions the power to institute prosecutions on indictment for indictable offences, carry on such prosecutions (whether or not instituted by the Director), institute commitment proceedings, institute summary proceedings, and carry on summary proceedings. The DPP may also, if the Attorney-General requests in writing, carry on a prosecution instituted by the Attorney-General. Section 28A gives inspectors appointed under section 69F of the Commonwealth Administration Act the functions and powers conferred under the applicable provisions of Victoria, meaning they can enforce those provisions. Section 28B validates any action or omission by an officer (inspector or analyst) before the commencement of section 6 of the 2001 amendment that would have been valid had that section been in force earlier; the validation is retrospective. Section 3(1) defines "applicable provision" to include a law of the Commonwealth that applies in Victoria in relation to a provision of, or an offence against, the Agvet Code or Agvet Regulations, so the enforcement net includes Commonwealth laws that apply in the context of the Victorian scheme. Section 29 provides that penalties and fines are not to be paid to the Commonwealth (the section requires fees, taxes and other money "other than penalties and fines" to be paid to the Commonwealth), implying that penalties and fines are retained by Victoria or dealt with under other laws.

The Act is expressly designed to interact with the Commonwealth Agricultural and Veterinary Chemicals Act 1994, the Agricultural and Veterinary Chemicals (Administration) Act 1992, and the Agricultural and Veterinary Chemicals Code Act 1994. Section 3 defines these terms and provides that references to a Commonwealth Act include that Act as amended and any substituted Act. Section 7(4) provides that the Interpretation of Legislation Act 1984 does not apply to the Agvet Code or Agvet Regulations of Victoria; instead, the Commonwealth Acts Interpretation Act 1901 applies as a law of Victoria (section 7(2)). Part 5 applies four Commonwealth administrative laws as laws of Victoria in relation to the applicable provisions of this jurisdiction: the Administrative Review Tribunal Act 2024 (excluding Part 7), the Freedom of Information Act 1982, the Ombudsman Act 1976, and the Privacy Act 1988 (section 16). Section 18 provides that 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 section 16. Section 18A provides that a reference in the ART Act (as it applies as a law of Victoria) to Part 7 of that Act is taken to be a reference to that Part as it has effect as a law of the Commonwealth (so Part 7's review of decisions under the ART Act itself is excluded). Section 23A coordinates with the Gene Technology Act 2001 (Victoria): the NRA must consult with the Gene Technology Regulator under the Commonwealth Administration Act, and that duty extends to matters arising under the Victorian applicable provisions; the Regulator may give written advice. Section 24 gives the Commonwealth Minister power to give directions to the NRA under the Commonwealth Administration Act in relation to the NRA's Victorian functions. Section 28 links to the Public Administration Act 2004 for employee definitions. Section 31 alters or varies section 85 of the Constitution Act 1975 to prevent the Supreme Court from hearing damages actions against the State or the co-ordinator for the specified matters (section 31(4)). Section 31A states that it is the intention of section 28B to alter or vary section 85 of the Constitution Act 1975, meaning the validation of inspector actions is intended to limit Supreme Court jurisdiction to review those actions. Section 33 declares certain provisions of the Agricultural and Veterinary Chemicals (Control of Use) Act 1992 (Victoria) to be eligible laws for the purposes of the definition of "permit" in section 109 of the Agvet Code of Victoria, and allows regulations to declare other laws as eligible. Section 36 is the general provision on relationship with other State laws: the regulations may provide that a specified State law has effect despite the Agvet Code, or that the Agvet Code applies with modifications, or that a specified provision does not apply as a law of Victoria. These regulations can have retrospective effect but cannot prejudicially affect existing rights or impose liabilities for things done before publication. This provision gives Victoria flexibility to override or modify the national scheme for local circumstances. Part 11 section 36(2) is explicit that the power exists despite any other provision of the Act or the Agvet Code.

The Act received Royal Assent on 22 November 1994 and commenced in stages: sections 1-4 on that day, most remaining provisions on 15 March 1995, and sections 44 and 50(4) (since repealed) on 22 November 1995. The version we are dealing with is Version No. 026 incorporating amendments as at 22 October 2025. The Table of Amendments in the endnotes lists eight amending Acts. The Public Sector Reform (Miscellaneous Amendments) Act 1998 (No. 46/1998) amended section 28(1) effective 1 July 1998, updating references to public service bodies. The Federal Courts (Consequential Amendments) Act 2000 (No. 22/2000) amended the definition of Commonwealth administrative laws, amended section 8(1)(b), and substituted Part 5 and repealed Part 6 (sections 19 and 20), effective 1 July 2000 with section 6 effective 17 May 2000. The Statute Law Revision Act 2000 (No. 74/2000) repealed Part 12 (sections 37-56) effective 22 November 2000. The Agricultural and Veterinary Chemicals (Victoria) (Amendment) Act 2001 (No. 39/2001) was a major amendment: it substituted Part 5 (sections 15-18A) completely, inserted sections 28A (inspectors and analysts), 28B (validation), 31A (Supreme Court limitation), and 33A (transitional), and amended section 3 to insert definitions of "confer" and "function". It commenced on 1 August 2001. The Agricultural and Veterinary Chemicals (Control of Use) (Further Amendment) Act 2001 (No. 55/2001) amended section 33(1)(a) effective 17 October 2001, updating references to the control of use Act. The Gene Technology Act 2001 (No. 67/2001) inserted section 23A (Consultation with Gene Technology Regulator) effective 1 December 2001. The Public Administration Act 2004 (No. 108/2004) amended section 28(1) to replace "employee in a public service body within the meaning of the Public Administration Act 2004" effective 5 April 2005. The Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009 (No. 68/2009) amended the definition of "instrument" in section 3 effective 1 January 2010. The Oaths and Affirmations Act 2018 (No. 6/2018) further amended the definition of "instrument" effective 1 March 2019. The most recent amendment is the Statute Law Revision Act 2025 (No. 41/2025), which amended the definition of Commonwealth administrative laws (replacing references to the Administrative Appeals Tribunal Act 1975 with the Administrative Review Tribunal Act 2024) and updated section 16(2) and section 18A, effective 22 October 2025. The transitional provision section 33A confirms that substituted Part 5 applies in relation to matters arising and decisions made before, on or after the commencement of the 2001 amendment.

The Act itself provides for limitations on litigation, but the source text does not name any cases. The key litigation-related provisions are section 31 (exemption from liability for damages) and section 31A (Supreme Court limitation of jurisdiction). Section 31(1) provides that 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 resulting from the handling of an approved active constituent, registered chemical product, permitted or exempted product, or licensed manufacturing step, or from an inability to use or manufacture because of an NRA refusal, suspension, cancellation or condition. This is a broad statutory immunity that would prevent any common law action in negligence or other tort against the State or the co-ordinator in those circumstances. Section 31(4) states it is the intention of that section to alter or vary section 85 of the Constitution Act 1975, which is the provision that confers general civil jurisdiction on the Supreme Court of Victoria. This means the Act intends to oust the Supreme Court's jurisdiction to hear such damages claims. Section 31A states that it is the intention of section 28B (validation of actions of inspectors and analysts) to alter or vary section 85 of the Constitution Act 1975, meaning that the retrospective validation of inspector actions is intended to be beyond Supreme Court review. Section 36(4) limits the retrospective effect of regulations that modify or disapply the Agvet Code: such regulations cannot affect existing rights prejudicially to any person (other than the State or an authority of the State) or impose liabilities on any person (other than the State or an authority) for things done before publication. This would affect any litigation based on rights that existed before a retrospective regulation. Part 5 applies the Commonwealth ART Act (excluding Part 7), FOI Act, Ombudsman Act and Privacy Act, so decisions under the Victorian applicable provisions are subject to merits review by the Administrative Review Tribunal, FOI review, Ombudsman investigation, and Privacy Act complaints. Section 16(2) and (3) clarify that the NRA's obligations under the ART Act (reasons) and FOI Act are not affected by Agvet Code provisions on brief reasons or confidential commercial information. The application of these Commonwealth administrative laws would give rise to litigation in those forums, but the Act does not name any cases. The source text does not contain any case citations or references to judicial decisions.

Several provisions contain traps for the unwary. First, section 13 provides that the Crown is not liable to prosecution for an offence under the Agvet Code of Victoria, despite the Crown being bound by the Code (sections 11 and 12). This means that government entities acting within their capacities as the Crown cannot be prosecuted, but officers acting personally might be. Second, section 31(2) provides a trap for manufacturers, importers, suppliers and handlers: in a damages action against them, it is no defence that the NRA approved the constituent, registered the product, issued a permit, gave an exemption, or issued a licence. A plaintiff can still sue a private company even if the product was fully authorised, and the company cannot rely on the NRA's regulatory approval as a defence. Third, the exemption from liability in section 31(1) only protects the State and the co-ordinator, not private persons. A person harmed by a product might attempt to sue the State, but section 31(1) and (4) together bar that claim and oust the Supreme Court's jurisdiction. Fourth, section 28B validates actions of inspectors and analysts done before the commencement of the 2001 amendment that inserted section 28A. This retrospective validation could affect rights that existed when the action was taken; section 31A confirms that section 28B is intended to alter or vary section 85 of the Constitution Act 1975, meaning the Supreme Court cannot question that validation. If a person had a challenge to an inspector's action at the time, the validation may extinguish that challenge. Fifth, section 36 allows regulations to modify the Agvet Code or disapply its provisions, with possible retrospective effect from the date the Code applied in Victoria. While section 36(4) protects existing rights and imposes no retroactive liability on persons other than the State, a person could find that a regulation changes the applicable law at the time of a transaction if the effect is not prejudicial. Sixth, the application of Commonwealth administrative laws under Part 5 means that the ART Act, FOI Act, Ombudsman Act and Privacy Act apply as Victorian laws. However, section 18A provides that references to Part 7 of the ART Act (which deals with internal review of ART decisions) are taken to be references to that Part as it has effect as a Commonwealth law, not as a Victorian law. This could cause confusion about which review rights apply. Seventh, section 29 requires fees, taxes and other money (but not penalties or fines) to be paid to the Commonwealth, not to Victoria. A person paying a fee may need to ensure it reaches the correct entity. Eighth, section 8 applies Commonwealth ancillary criminal laws to the exclusion of Victorian laws of the same or similar effect. This means that the Commonwealth provisions on attempt, incitement, conspiracy, etc. apply, and Victorian provisions do not. Practitioners must look to the Crimes Act 1914 (Cth) rather than the Crimes Act 1958 (Vic) for these ancillary offences. Ninth, the definition of "instrument" in section 3 is extremely broad, including everything from Acts and awards to applications, charges, indictments and warrants. Part 3's provisions on references to Agvet Codes and Agvet Regulations apply to any instrument, so a reference to "the Agvet Code" in a contract or licence will be taken to refer to the Victorian Code and each other jurisdiction's Code unless a contrary intention appears (section 10). Tenth, the Act does not contain the substantive offences or penalties - they are in the adopted Commonwealth Code. A reader relying only on the Victorian Act will miss the actual regulatory regime.

Compliance with the Agricultural and Veterinary Chemicals (Victoria) Act 1994 requires understanding that it is an enabling Act; the substantive duties, prohibitions, permits, approvals, and offences are in the Agvet Code of Victoria and the Agvet Regulations of Victoria, which must be read together with this Act. The first step is to identify which provisions of the Commonwealth Agricultural and Veterinary Chemicals Code Act 1994 and its regulations are in force from time to time, because section 5 applies the Code as in force for the time being and section 6 applies the regulations as in force for the time being. The NRA (the Australian Pesticides and Veterinary Medicines Authority, as it is now known) is the key decision-maker. Anyone manufacturing, importing, supplying, using or handling agricultural or veterinary chemical products in Victoria must ensure that the active constituent is approved, the product is registered, any required permit is held, and any manufacturing licence is in place, all as required by the Agvet Code of Victoria. Fees and taxes prescribed by the Agvet Regulations of Victoria must be paid to the Commonwealth (section 29). If a person is subject to an NRA decision, the Commonwealth administrative laws applied by Part 5 give them review rights: they may seek merits review in the Administrative Review Tribunal (except for decisions under Part 7 of the ART Act, which is excluded), make FOI requests, complain to the Ombudsman, or make privacy complaints. Section 16(2) confirms that the NRA's obligation to give reasons under section 269 of the ART Act applies despite the Code's provisions on brief particulars of reasons, so a person can request full reasons. Section 16(3) confirms that FOI applies despite Code provisions on confidential commercial information, so a person can seek access to documents about the NRA's decisions. The NRA must also consult with the Gene Technology Regulator where the product involves gene technology (section 23A). State officers and employees who are authorised by the NRA under section 69F of the Commonwealth Administration Act to act as inspectors have the same powers and functions under the Victorian applicable provisions (section 28). Those inspectors must comply with any conditions in their authorisation, but section 28(2) provides that actions are taken to be valid even if there was a failure to comply with a condition or restriction, so a person cannot rely on a technical non-compliance to challenge an inspector's action. Section 28B validates actions taken before the 2001 amendment with retrospective effect. For persons potentially liable in damages, section 31(2) is a critical compliance warning: the NRA's approval, registration, permit, exemption or licence does not constitute a defence in a product liability or other damages action. A manufacturer, importer, supplier or handler cannot rely on regulatory approval to avoid liability. The person must ensure their own due diligence. The Crown is bound by the Agvet Code but cannot be prosecuted (section 13). The Commonwealth Director of Public Prosecutions has the power to prosecute, so any investigation or prosecution will be conducted by the Commonwealth DPP (section 35). Section 8 applies the Crimes Act ancillary offences, so persons who aid, abet, incite, attempt or conspire to commit an offence are themselves liable. The Governor in Council may make regulations under section 32 for matters necessary to give effect to the Act. Section 36 allows regulations that modify the Agvet Code, disapply it, or give other State laws effect despite it, and these can be retrospective. Anyone relying on the Act must check the current regulations under section 36. Part 9 imposes fees (including those that are taxes) as prescribed by the Agvet Regulations of Victoria - this must be complied with for any application or ongoing regulation. Finally, the Interpretation of Legislation Act 1984 does not apply to the Agvet Code or Agvet Regulations of Victoria (section 7(4)); instead, the Commonwealth Acts Interpretation Act 1901 applies. This affects how the Code is construed, and persons drafting submissions on the Code should use Commonwealth interpretation principles.