AGRICULTURAL AND VETERINARY CHEMICALS LEGISLATION AMENDMENT BILL 2013

2010-2011-2012

The Parliament of the

Commonwealth of Australia

HOUSE OF REPRESENTATIVES

Presented and read a first time

Agricultural and Veterinary Chemicals

Legislation Amendment Bill 2012

No. , 2012

(Agriculture, Fisheries and Forestry)

A Bill for an Act to amend laws relating to

agricultural and veterinary chemicals, and for

related purposes

i Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. , 2012

Contents

1 Short

title

...........................................................................................

2 Commencement

.................................................................................

3 Schedule(s)

........................................................................................

Review of operation of amendments ................................................. 2

Schedule 1--Approvals, registrations, permits and licences

Agricultural and Veterinary Chemicals Code Act 1994

Schedule 2--Re-approvals and re-registrations

Agricultural and Veterinary Chemicals Code Act 1994

Schedule 3--Enforcement

100

Agricultural and Veterinary Chemical Products (Collection of Levy)

Act 1994

100

Agricultural and Veterinary Chemicals (Administration) Act 1992

103

Agricultural and Veterinary Chemicals Code Act 1994

158

Schedule 4--Data protection

260

Agricultural and Veterinary Chemicals Code Act 1994

260

Schedule 5--Arrangements for collecting levy

276

Agricultural and Veterinary Chemical Products (Collection of Levy)

Act 1994

276

Schedule 6--Miscellaneous

283

Part 1--Miscellaneous amendments

283

Agricultural and Veterinary Chemical Products (Collection of Levy)

Act 1994

283

Agricultural and Veterinary Chemicals Act 1994

284

Agricultural and Veterinary Chemicals (Administration) Act 1992

285

Agricultural and Veterinary Chemicals Code Act 1994

287

Part 2--Transitional, application and savings provisions

290

Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. , 2012 1

A Bill for an Act to amend laws relating to

agricultural and veterinary chemicals, and for

related purposes

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Agricultural and Veterinary

Chemicals Legislation Amendment Act 2012.

2 Commencement

(1) Each provision of this Act specified in column 1 of the table

commences, or is taken to have commenced, in accordance with

column 2 of the table. Any other statement in column 2 has effect

according to its terms.

2 Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. ,

2012

Commencement information

Column 1

Column 2

Column 3

Provision(s) Commencement

Date/Details

1. Sections 1 to 4

and anything in

this Act not

elsewhere covered

by this table

The day this Act receives the Royal Assent.

2. Schedules 1 to

1 July 2013.

1 July 2013

Note:

This table relates only to the provisions of this Act as originally

enacted. It will not be amended to deal with any later amendments of

this Act.

(2) Any information in column 3 of the table is not part of this Act.

Information may be inserted in this column, or information in it

may be edited, in any published version of this Act.

3 Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or

repealed as set out in the applicable items in the Schedule

concerned, and any other item in a Schedule to this Act has effect

according to its terms.

4 Review of operation of amendments

(1) The Minister must cause a review to be conducted of:

(a) the operation of the amendments made by this Act; and

(b) any other related matter that the Minister specifies.

(2) At least one of the persons conducting the review must be a person

who is not otherwise appointed, employed or engaged by the

Commonwealth.

(3) The review must include a request for, and consideration of,

submissions from members of the public.

(4) The Minister must cause a written report of the review to be laid

before each House of the Parliament within 15 sitting days of that

House after 1 July 2018.

Approvals, registrations, permits and licences Schedule 1

Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. , 2012

Schedule 1--Approvals, registrations, permits

and licences

Agricultural and Veterinary Chemicals Code Act 1994

1 Before section 1 of the Code set out in the Schedule

Insert:

Division 1--Object, definitions etc.

2 After section 1 of the Code set out in the Schedule

Insert:

1A Implementing the Code

(1) This Code recognises that:

(a) the furthering of trade and commerce between Australia and

places outside Australia; and

(b) the present and future economic viability and

competitiveness of primary industry which relies on access to

chemical products and their constituents; and

chemical products and their constituents;

are essential for the well-being of the economy and require a

system for regulating chemical products and their constituents that

is cost effective, efficient, predictable, adaptive and responsive.

(2) This Code is to be implemented in a manner that:

(a) recognises that the health and safety of human beings,

animals and the environment is the first priority of the system

for regulating chemical products and their constituents, in

part to ensure that the use of chemical products at the present

time will not impair the prospects of future generations; and

(b) reflects established best-practice principles for the

assessment and management of risk, based on science; and

system of regulation on:

Schedule 1 Approvals, registrations, permits and licences

4 Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. ,

2012

(i) holders of approvals, registrations, permits and licences;

and

(ii) the domestic industry for manufacturing and

formulating chemical products and their constituents;

and

(iii) the users of chemical products;

with the risk of the use of the products and constituents to the

health and safety of human beings, animals and the

environment; and

(d) recognises that the use of chemical products that pose

unmanageable risks to the health and safety of human beings,

animals and the environment is not appropriate in Australia;

and

(e) promotes community confidence in the regulation of

chemical products and their constituents, is open and

accountable, and gives opportunity for public involvement

and participation; and

(f) secures compliance with this Code through appropriate,

proportionate, consistent and effective compliance and

enforcement measures.

3 Subsection 3(1) of the Code set out in the Schedule

(definition of acknowledge)

Repeal the definition.

4 Subsection 3(1) of the Code set out in the Schedule

(definition of adequate)

Omit all the words after "practicable, that the", substitute "product

meets the safety criteria, the trade criteria and the efficacy criteria".

5 Subsection 3(1) of the Code set out in the Schedule

Insert:

application means an application under this Code.

6 Subsection 3(1) of the Code set out in the Schedule

(definition of approved person)

Repeal the definition.

7 Subsection 3(1) of the Code set out in the Schedule

Approvals, registrations, permits and licences Schedule 1

Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. , 2012

Insert:

determine, in relation to an application, means:

(a) approve, re-approve, register, re-register, vary or issue on the

application; or

(b) refuse the application; or

approval or registration as required by section 29H--cancel

the approval or registration under section 34AA.

8 Subsection 3(1) of the Code set out in the Schedule

Insert:

electronic signature of a person means the unique identification of

the person in an electronic form approved by the APVMA.

9 Subsection 3(1) of the Code set out in the Schedule

(definition of established standard)

Repeal the definition, substitute:

established standard has the meaning given by subsection 8U(7).

10 Subsection 3(1) of the Code set out in the Schedule

(definition of holder)

Repeal the definition, substitute:

holder:

(a) in relation to an approval or registration, means:

(i) the person entered in the Record, Register or relevant

APVMA file as the holder of the approval or

registration; or

(ii) if the holder was an individual who has died or is an

individual whose affairs are being lawfully administered

by another person--the legal personal representative of

the individual or the person administering the

individual's affairs; or

(iii) if the holder was a body corporate--a successor in law

of the body corporate; or

(b) in relation to a permit or licence, means the person to whom

the permit or licence was issued.

Schedule 1 Approvals, registrations, permits and licences

6 Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. ,

2012

11 Subsection 3(1) of the Code set out in the Schedule

(definition of instructions for use)

Repeal the definition.

12 Subsection 3(1) of the Code set out in the Schedule

(definition of interested person)

Repeal the definition.

13 Subsection 3(1) of the Code set out in the Schedule

Insert:

limitation period has the meanings given by section 34M.

14 Subsection 3(1) of the Code set out in the Schedule

(definition of listable chemical product)

Repeal the definition.

15 Subsection 3(1) of the Code set out in the Schedule

Insert:

listed chemical product means a chemical product that is, or is

included in a class of chemical products that is, listed by

regulations under section 8T.

16 Subsection 3(1) of the Code set out in the Schedule

(definition of listed registration)

Repeal the definition.

17 Subsection 3(1) of the Code set out in the Schedule

(definition of Listing Schedule)

Repeal the definition.

18 Subsection 3(1) of the Code set out in the Schedule

Insert:

meets the application requirements has the meaning given by

section 8A.

meets the efficacy criteria has the meaning given by subsection

5B(1).

Approvals, registrations, permits and licences Schedule 1

Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. , 2012

meets the labelling criteria has the meaning given by subsection

5D(1).

meets the safety criteria has the meaning given by subsection

5A(1).

meets the trade criteria has the meaning given by subsection

5C(1).

19 Subsection 3(1) of the Code set out in the Schedule

Insert:

nominated agent, for an approval or registration, means the person

entered in the Record, Register or relevant APVMA file as the

nominated agent for the approval or registration.

20 Subsection 3(1) of the Code set out in the Schedule

Insert:

Record means the Record of Approved Active Constituents for

Chemical Products kept under section 17.

21 Subsection 3(1) of the Code set out in the Schedule

(definition of Record of Approved Active Constituents)

Repeal the definition.

22 Subsection 3(1) of the Code set out in the Schedule

Insert:

Register means the Register of Agricultural and Veterinary

Chemical Products kept under section 18.

23 Subsection 3(1) of the Code set out in the Schedule

(definition of Register of Chemical Products)

Repeal the definition.

24 Subsection 3(1) of the Code set out in the Schedule

(definition of registered listed chemical product)

Repeal the definition.

25 Subsection 3(1) of the Code set out in the Schedule

Schedule 1 Approvals, registrations, permits and licences

8 Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. ,

2012

Insert:

relevant APVMA file means the file in which information about

approved labels is recorded as mentioned in paragraph 21(c).

26 Subsection 3(1) of the Code set out in the Schedule

(definition of relevant particulars)

Repeal the definition, substitute:

relevant particulars means:

(a) in relation to the approval of an active constituent--the

distinguishing number, any instructions for use and any other

particulars required by paragraph 19(1)(c) to be entered in the

Record; and

(b) in relation to the registration of a chemical product--the

distinguishing number, any instructions for use and any other

particulars required by paragraph 20(1)(c) to be entered in the

required to be recorded in the relevant APVMA file by

subparagraphs 21(c)(i) to (iv);

and includes particulars of variations of relevant particulars made

under section 26, 26C, 29, 29A, 29G, 34A or 34AF.

27 After section 5 of the Code set out in the Schedule

Insert:

5A Definition of meets the safety criteria

(1) An active constituent or chemical product meets the safety criteria

if use of the constituent or product, in accordance with any

instructions approved, or to be approved, by the APVMA for the

constituent or product or contained in an established standard:

(a) is not, or would not be, an undue hazard to the safety of

people exposed to it during its handling or people using

anything containing its residues; and

(b) is not, or would not be, likely to have an effect that is harmful

to human beings; and

Approvals, registrations, permits and licences Schedule 1

Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. , 2012

that is harmful to animals, plants or things or to the

environment.

(2) For the purposes of being satisfied as to whether an active

constituent meets the safety criteria, the APVMA:

(a) must have regard to the following:

(i) the toxicity of the constituent and its residues in relation

to relevant organisms and ecosystems, including human

beings;

(ii) the method by which the constituent is, or is proposed to

be, manufactured;

(iii) the extent to which the constituent will contain

impurities;

(iv) whether an analysis of the chemical composition of the

constituent has been carried out and, if so, the results of

the analysis;

(v) any conditions to which its approval is, or would be,

subject;

(vi) any relevant particulars that are, or would be, entered in

the Record for the constituent;

(vii) any matters prescribed by the regulations; and

(b) may have regard to such other matters as it thinks relevant.

(3) For the purposes of being satisfied as to whether a chemical

product meets the safety criteria, the APVMA:

(a) must have regard to the following:

(i) the toxicity of the product and its residues in relation to

relevant organisms and ecosystems, including human

beings;

(ii) the relevant poison classification of the product under

the law in force in this jurisdiction;

(iii) how the product is formulated;

(iv) the composition and form of the constituents of the

product;

(v) any conditions to which its registration is, or would be,

subject;

(vi) any relevant particulars that are, or would be, entered in

the Register for the product;

Schedule 1 Approvals, registrations, permits and licences

10 Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. ,

2012

(vii) any matters prescribed by the regulations; and

(b) may have regard to one or more of the following:

(i) the acceptable daily intake of each constituent contained

in the product;

(ii) any dietary exposure assessment prepared under

subsection 82(4) of the Food Standards Australia New

Zealand Act 1991 as a result of any proposed variation

notified under subsection 82(3) of that Act in relation to

the product, and any comments on the assessment given

to the APVMA under subsection 82(4) of that Act;

(iii) whether any trials or laboratory experiments have been

carried out to determine the residues of the product and,

if so, the results of those trials or experiments and

whether those results show that the residues of the

product will not be greater than limits that the APVMA

has approved or approves;

(iv) the stability of the product;

(v) the specifications for containers for the product;

(vi) such other matters as it thinks relevant.

5B Definition of meets the efficacy criteria

(1) A chemical product meets the efficacy criteria if use of the

product, in accordance with instructions approved, or to be

approved, by the APVMA for the product, is, or would be,

effective according to criteria determined by the APVMA by

legislative instrument or contained in an established standard.

(2) For the purposes of being satisfied as to whether a chemical

product meets the efficacy criteria, the APVMA must have regard

to the following:

(a) whether any trials or laboratory experiments have been

carried out to determine the efficacy of the product and, if so,

the results of those trials or experiments;

(b) any conditions to which its registration is, or would be,

subject;

(d) any matters prescribed by the regulations.

Approvals, registrations, permits and licences Schedule 1

Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. , 2012

(3) For the purposes of the operation of this Code in relation to a

particular chemical product, the APVMA is required to have regard

to the matters set out in subsections (1) and (2) only:

(a) to the extent prescribed by the regulations; or

(b) if there are no such regulations--to the extent that the

APVMA thinks the matters are relevant.

5C Definition of meets the trade criteria

(1) A chemical product meets the trade criteria if use of the product,

in accordance with instructions approved, or to be approved, by the

APVMA or contained in an established standard, does not, or

would not, unduly prejudice trade or commerce between Australia

and places outside Australia.

(2) For the purposes of being satisfied as to whether a chemical

product meets the trade criteria, the APVMA must have regard to

the following:

(a) any conditions to which its registration is, or would be,

subject;

(b) any relevant particulars that are, or would be, entered in the

(3) For the purposes of the operation of this Code in relation to a

particular chemical product, the APVMA is required to have regard

to the matters set out in subsections (1) and (2) only:

(a) to the extent prescribed by the regulations; or

(b) if there are no such regulations--to the extent that the

APVMA thinks the matters are relevant.

5D Definition of meets the labelling criteria

(1) A label for containers for a chemical product meets the labelling

criteria if the label contains adequate instructions relating to such

of the following as are appropriate:

(a) the circumstances in which the product should be used;

(b) how the product should be used;

(d) the frequency of the use of the product;

Schedule 1 Approvals, registrations, permits and licences

12 Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. ,

2012

(e) the withholding period after the use of the product;

(f) the re-entry period after the use of the product;

(g) the disposal of the product when it is no longer required;

(h) the disposal of containers of the product;

(i) the safe handling of the product and first aid in the event of

an accident caused by the handling of the product;

(j) any matters prescribed by the regulations.

(2) For the purposes of being satisfied as to whether a label meets the

labelling criteria, the APVMA must have regard to the following:

(a) any conditions to which its approval is, or would be, subject;

(b) any relevant particulars and instructions that are, or would be,

entered in the relevant APVMA file for the label.

28 After section 6 of the Code set out in the Schedule

Insert:

6A APVMA may make guidelines etc.

(1) The APVMA may make written guidelines for performing its

functions and exercising its powers under this Code.

(2) The APVMA must have regard to the guidelines.

(3) The guidelines must include:

(a) principles and processes for effective and efficient regulation

of chemical products and their constituents; and

(b) principles and processes relating to:

(i) the approval of active constituents for proposed or

existing chemical products; and

(ii) the registration of chemical products; and

(iii) the approval of labels for containers for chemical

products; and

(iv) the variation of relevant particulars and conditions; and

(v) the issue of permits and licences.

(4) The guidelines must not be inconsistent with an agvet law.

(5) The APVMA must publish the guidelines on its website.

(6) The guidelines are not a legislative instrument.

Approvals, registrations, permits and licences Schedule 1

Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. , 2012

6B Varying relevant particulars and conditions

To avoid doubt, a power under this Code to vary a relevant

particular or condition does not authorise the APVMA to vary a

relevant particular or condition that was not imposed by the

APVMA.

6C Right of APVMA to use information

(1) The APVMA may use information obtained by it from any source

for the purpose of performing any of its functions or exercising any

of its powers under this Code.

(2) Subsection (1) has effect subject to this Code.

6D Failure to comply with time limit does not affect validity

Failure by the APVMA to comply with a time limit set out in this

Code does not affect the validity of anything done by the APVMA.

29 After section 8A of the Code set out in the Schedule

Insert:

Division 2--General provisions about applications

8A Definition of meets the application requirements

application

meets the application requirements if:

(a)

the

application:

(i) is in writing in the approved form; and

(ii) is signed by the applicant; and

(iii) is accompanied by so much of the prescribed fee as is

required to be paid when the application is made; and

(iv) is lodged with the APVMA; and

(v) contains, or is accompanied by, any information

specified for the application under section 8B; and

(b) the constituent, product or label in relation to which the

application is made complies, or will comply, with any

requirement prescribed by the regulations; and

the application has been complied with; and

Schedule 1 Approvals, registrations, permits and licences

14 Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. ,

2012

(d) any requirement prescribed by another provision of this Code

in relation to the application has been complied with; and

(e) any amount (including an amount in respect of a tax or

penalty) that is payable by the applicant to the APVMA

(including under a law of another jurisdiction or the agvet

law), has been paid.

Note:

For giving information electronically, see section 156A.

8B Information to be provided with applications

(1) The APVMA may, by legislative instrument, specify the

information that must be contained in, or accompany, the

application.

(2) The APVMA may specify information under subsection (1) only

if:

(a) the inclusion of the information would enable the APVMA to

determine the application; and

(b) in relation to an application under section 29D (applications

for re-approval or re-registration)--the information is

information that the applicant could be reasonably expected

to have, or to have access to.

8C Information to be taken into account in determining applications

(1) In determining the application, the APVMA:

(a) must have regard to:

(i) the information in, or accompanying, the application as

required under section 8B or any other provision of this

Code; and

(ii) any information or thing given to the APVMA as

required under section 157 or 159 or by section 160A in

relation to the application; and

(iii) any submission made in response to an invitation given

by the APVMA in relation to the application; and

(b) may have regard to any other matter that it thinks relevant.

(2) However, the APVMA must not take into account any information

that:

(a) is given by or on behalf of the applicant in connection with

the application; but

Approvals, registrations, permits and licences Schedule 1

Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. , 2012

(b) is not covered by paragraph (1)(a).

(3) This section does not apply in relation to an application under

section 122 for a licence.

8D Applications may be withdrawn

At any time after the application is made and before it is

determined, the applicant may withdraw it by giving the APVMA

written notice of the withdrawal signed by the applicant.

Division 3--General provisions about notices

8E Notice to Food Standards Australia New Zealand

(1) The APVMA must notify Food Standards Australia New Zealand

if an approval, registration, variation or permit proposed under this

Code (whether by application or on the initiative of the APVMA)

would, if it were given, made or issued, be likely to require a

variation to the Maximum Residue Limits Standard.

(2) The notice must:

(a) be in writing; and

(b)

set

out:

(i) the relevant particulars, or proposed relevant particulars,

of the active constituents and products concerned, other

than confidential commercial information; and

(ii) any other matters that the APVMA thinks appropriate;

and

(i) for an application, other than an application under

section 29D--within 28 days after the APVMA

completes a preliminary assessment of the application;

(ii) for a variation under section 26C, 29, 29A, 29G, 34A or

34AF--before the variation is made.

(3) This section does not apply in relation to an approval, registration,

variation or permit proposed by an application that is subject to

preliminary assessment before the application has passed

preliminary assessment.

Schedule 1 Approvals, registrations, permits and licences

16 Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. ,

2012

8F Notice to holder of approval, registration or variation

(1) The APVMA must give written notice to the holder within 14 days

if the APVMA:

(a) approves (or re-approves) an active constituent; or

(b) registers (or re-registers) a chemical product; or

(d) approves a label; or

(e) varies relevant particulars or conditions (whether on

application or on the initiative of the APVMA), other than

under section 34A (varying relevant particulars or conditions

to allow affirmation).

Note:

For notices in relation to reconsiderations, see Division 4 of Part 2.

(2) The notice must:

(a) for an approval or registration:

(i) state that the constituent, product or label has been

approved or registered; and

(ii) set out the relevant particulars and conditions of the

approval or registration; and

(iii) state the date the approval or registration ends; and

(b) for a registration--state the date (if any) after which the

registration cannot be renewed under Division 6 of Part 2;

and

the chemical product has been renewed; and

(d) for the variation of relevant particulars or conditions:

(i) state that the relevant particulars or conditions have

been varied; and

(ii) set out the relevant particulars or conditions as varied;

and

(iii) state the date the approval or registration ends; and

(iv) of a registration--state the date (if any) after which the

registration cannot be renewed under Division 6 of

Part 2; and

(e) include any information prescribed by the regulations.

Approvals, registrations, permits and licences Schedule 1

Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. , 2012

8G Notice to applicant of refusal of application

(1) The APVMA must give written notice to the applicant within 14

days if the APVMA refuses an application.

Note:

For notices in relation to reconsiderations, see Division 4 of Part 2.

(2) The notice must:

(a) state that the application has been refused; and

(b) set out the reasons for the refusal; and

(d) specify any amount of fee that is repayable because of the

refusal.

Note:

Other provisions of this Code specify additional requirements for

certain notices of refusal.

8H Published notice of approvals and registrations

(1) If the APVMA approves an active constituent or registers a

chemical product, it must, unless it thinks that in the circumstances

it is unnecessary to do so, publish notice of the approval or

registration.

(2) The notice must:

(a) be published in the Gazette, as soon as practicable, and in any

other manner that the APVMA thinks appropriate; and

(b) state that the constituent has been approved or the product

has been registered and the date of the approval or

registration as mentioned in section 22; and

re-registration--state that fact; and

(d) contain a brief statement of the conditions of the approval or

registration that directly regulate the use of the constituent or

product; and

(e) include any information prescribed by the regulations.

8J Published notice of variations of approvals and registrations

(1) If the APVMA varies any of the relevant particulars or conditions

of the approval of an active constituent or the registration of a

chemical product, it must, unless it thinks that in the circumstances

it is unnecessary to do so, publish notice of the variation.

Schedule 1 Approvals, registrations, permits and licences

18 Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. ,

2012

(2) The notice must:

(a) be published in the Gazette, as soon as practicable, and in any

other manner that the APVMA thinks appropriate; and

(b) state that the relevant particulars or conditions have been

varied and the date on which the variation took place; and

variation; and

(d) include any information prescribed by the regulations.

8K Confidential commercial information in notices

Any provision of this Code that requires information (however

described) to be given in a notice has effect subject to section 162

(disclosure of confidential commercial information).

Division 4--Holders of approvals and registrations and

nominated agents

8L Changing the holder

(1) The holder of an approval or registration may apply to the

APVMA to change the holder.

(2) The APVMA must record the change in the Record, Register or

relevant APVMA file, as required, if the APVMA is satisfied that:

(a) the application meets the application requirements; and

(b) the proposed holder has consented, by signed writing, to

being the holder; and

on business in, Australia--there will be a nominated agent

for the approval or registration; and

(d) any requirements prescribed by the regulations have been

met.

(3) Otherwise, the APVMA must refuse the application.

Note:

For notice of refusal, see section 8G.

Approvals, registrations, permits and licences Schedule 1

Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. , 2012

8M Nominated agent

(1) The holder may, at any time, apply to the APVMA for the person

nominated in the application to be the nominated agent for the

approval or registration.

(2) The APVMA must record the person as the nominated agent in the

Record, Register or relevant APVMA file, as required, if the

APVMA is satisfied that:

(a) the application meets the application requirements; and

(b) the nominated person has consented, by signed writing, to

being the nominated agent; and

met.

(3) Otherwise, the APVMA must refuse the application.

Note:

For notice of refusal, see section 8G.

(4) It is a condition of the approval or registration that the nominated

agent is a resident of, or carries on business in, Australia.

8N Overseas holder must have nominated agent

If the holder is not a resident of, and does not carry on business in,

Australia, it is a condition of the approval or registration that there

is a nominated agent for the approval or registration.

8P Changing the nominated agent

(1) The holder may apply to the APVMA to change the nominated

agent.

(2) The APVMA must record the change in the Record, Register or

relevant APVMA file, as required, if the APVMA is satisfied that:

(a) the application meets the application requirements; and

(b) the person to be the nominated agent has consented, by

signed writing, to being the nominated agent; and

met.

(3) Otherwise, the APVMA must refuse the application.

Note:

For notice of refusal, see section 8G.

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20 Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. ,

2012

8Q Nominated agent may withdraw

(1) The nominated agent may, by signed writing given to the APVMA,

request to withdraw from being the nominated agent.

(2) The APVMA must record the withdrawal in the Record, Register

or relevant APVMA file, as required, if the APVMA is satisfied

that:

(a) the nominated agent has notified the holder of the

withdrawal; and

(b) any requirements prescribed by the regulations have been

met.

8R Role of nominated agent

Anything that may, or must, be done under this Code by, or in

relation to, the holder, as the holder of the approval or registration,

may be done by, or in relation to, either the holder or the

nominated agent.

Note:

For liabilities imposed on the nominated agent, see section 152.

Division 5--Notice of certain proposed decisions

8S Notice of certain proposed decisions

(1) The APVMA must give the applicant written notice of what it

proposes to do before it:

(a) refuses an application, other than on preliminary assessment;

(b) approves (or re-approves) or registers (or re-registers) an

active constituent, chemical product or label with instructions

or relevant particulars other than those set out in the

application; or

conditions--varies the relevant particulars or conditions

other than in accordance with the application.

Note:

For notices in relation to reconsiderations, see Division 4 of Part 2.

(2) The notice must:

(a) for notice under paragraph (1)(b)--set out the proposed

instructions and relevant particulars; and

Approvals, registrations, permits and licences Schedule 1

Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. , 2012

(b) for notice under paragraph (1)(c)--set out the proposed

variation; and

of action; and

(d) set out the information on which the reasons are based

(including information not given to the APVMA by the

applicant); and

(e) invite written submissions from the applicant within 28 days,

or within such further period as is specified in the notice.

(3) The APVMA is not required to take account of anything given in

response to the invitation under paragraph (2)(e) that is not related

to information:

(a) already given to the APVMA by, or on behalf of, the

applicant; or

(b) set out in the notice under paragraph (2)(d).

(4) The APVMA is not required to comply with this section more than

once in relation to a particular application.

Division 6--Listed chemical products and established

standards

8T Regulations may include schedule of listed chemical products

(1) The regulations may include a schedule specifying chemical

products, or classes of chemical products, that are listed chemical

products for the purposes of this Code.

(2) Before the Governor-General makes a regulation that includes, or

amends, the schedule referred to in subsection (1), the APVMA

must publish in the Gazette, and in any other manner that the

APVMA thinks appropriate, a notice:

(a) stating that it proposes to recommend to the Minister that the

regulation be made; and

(b) setting out particulars of the chemical products, or class of

chemical products, that would be covered, or otherwise

affected, by the regulation; and

under section 8U in relation to each chemical product that

would be covered by the regulation; and

Schedule 1 Approvals, registrations, permits and licences

22 Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. ,

2012

(d) giving the reasons for the proposed recommendation; and

(e) inviting any person, within a period of at least 28 days

specified in the notice, to make a written submission to the

APVMA as to whether the proposed regulation should be

made and stating the grounds on which the submission is

based, which must be grounds relating to the matters

mentioned in paragraph 8V(a).

(3) In making a recommendation to the Minister, the APVMA must

take into account any submissions made in accordance with the

invitation.

(4) Before the Governor-General makes a regulation that includes, or

amends, the schedule referred to in subsection (1):

(a) the APVMA must have recommended to the Minister that the

regulation be made; and

(b) the APVMA must have given to the Minister:

(i) its reasons for the recommendation; and

(ii) written particulars of the product or class of products

that would be covered, or otherwise affected, by the

regulation; and

(iii) a draft of the standard that the APVMA proposes to

make under section 8U for the product, or for products

in the class, if the product or class is specified in the

schedule; and

(iv) a written explanation as to why the APVMA is satisfied

that the product, or class of products, meets the safety

criteria, the trade criteria and the efficacy criteria (see

section 8V); and

(v) a written statement identifying the consultations held

by, and setting out the advice given to, the APVMA in

relation to the proposed regulation.

8U APVMA to prepare standards

(1) This section applies in respect of each listed chemical product,

whether or not the product is the subject of a monograph in the

British Pharmacopoeia or the British Pharmacopoeia (Veterinary)

or in a similar publication.

Approvals, registrations, permits and licences Schedule 1

Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. , 2012

(2) The APVMA must, by legislative instrument, make a standard for

each listed chemical product. A particular standard may relate to a

specified chemical product or specified chemical products or to

each chemical product in a specified class of chemical products.

(3) The standard for a listed chemical product must require that the

product be labelled in a manner, or kept in containers that comply

with requirements, specified in the standard.

(4) The APVMA may, in a standard, direct that the particulars required

by the standard be set out, in a manner specified in the standard,

on:

(a) chemical products, or a class of chemical products, identified

in the standard; or

(b) a container containing chemical products, or a class of

chemical products, identified in the standard; or

chemical products, identified in the standard.

(5) A standard for a listed chemical product:

(a) may be specified by reference to any one or more of the

following:

(i) the composition and form of the constituents of the

product;

(ii) the physical and chemical properties of the chemical

product;

(iii) the quantity of the chemical product when contained in

specified containers;

(iv) procedures to be carried out in the manufacture of the

chemical product;

(v) a monograph in the British Pharmacopoeia or the British

Pharmacopoeia (Veterinary);

(vi) a monograph in another publication approved by the

APVMA for the purposes of this subparagraph;

(vii) a monograph referred to in subparagraph (v) or (vi) as

modified in a manner specified in the standard;

(viii) a standard published by Standards Australia;

(ix) such other matters as the APVMA thinks fit; and

(b) may require that a matter relating to the standard be

determined in accordance with a particular test.

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24 Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. ,

2012

(6) Subsections (4) and (5) do not limit subsection (3).

(7) The standard made by the APVMA in relation to a listed chemical

product is the established standard for the product.

Note:

The APVMA may revoke or amend a standard. See subsection 33(3)

of the Acts Interpretation Act 1901.

8V Matters to be taken into account in preparing a standard

The APVMA must not make a standard for a listed chemical

product unless the APVMA is satisfied that compliance with the

standard would result in:

(a) the product meeting the safety criteria, the trade criteria and

the efficacy criteria; and

(b) any label for containers for the product meeting the labelling

criteria.

30 Section 9 of the Code set out in the Schedule

Repeal the section, substitute:

9 Explanation of Part

(1) This Part contains provisions relating to:

(a) approval of active constituents for proposed or existing

chemical products; and

(b) registration of chemical products; and

(2) Division 2 provides for approvals and registrations.

(3) Division 2A provides for variation of relevant particulars of

approvals and registrations if the relevant particulars are of a kind

set out in a legislative instrument made under section 26B. Only

holders of approvals or registrations may apply under Division 2A.

(4) Division 3 provides generally for variation of relevant particulars

or conditions of approvals and registrations. Holders and other

persons may apply under Division 3.

(5) Division 3A provides for re-approval and re-registration of active

constituents and chemical products.

Approvals, registrations, permits and licences Schedule 1

Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. , 2012

(6) Division 4 provides for the APVMA to reconsider approvals and

registrations in order to decide whether they should remain in

force.

(7) Division 4A limits the use the APVMA can make of certain

information given to it in connection with certain applications.

(8) Division 5 sets out the circumstances in which the APVMA may

suspend or cancel approvals and registrations.

(9) Division 6 states how long approvals and registrations are to

continue in force and makes provision for the renewal of

registrations.

31 Division 2 of Part 2 of the Code set out in the Schedule

(heading)

Repeal the heading, substitute:

Division 2--Approving and registering

32 Sections 10 to 14A of the Code set out in the Schedule

Repeal the sections, substitute:

9A Explanation of Division

(1) This Division provides for:

(a) approval of active constituents for proposed or existing

chemical products; and

(b) registration of chemical products; and

(2) Section 10 provides for applications to be made. Applications must

meet the application requirements specified in section 8A.

(3) The APVMA must complete a preliminary assessment of an

application. If the application passes preliminary assessment, the

APVMA must notify the applicant and publish a summary of the

application (section 11).

(4) Before determining certain applications that have passed

preliminary assessment, the APVMA must publish a notice

inviting public submissions (sections 12 and 13).

Schedule 1 Approvals, registrations, permits and licences

26 Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. ,

2012

(5) The APVMA must approve an active constituent or label, or

(section 14). Sections 14A to 16 set out special rules about

approvals and registrations.

(6) The APVMA must keep a Record of Approved Active

Constituents for Chemical Products and a Register of Agricultural

and Veterinary Chemical Products (sections 17 and 18).

(7) Sections 19 to 21 set out how approvals and registrations take

place, and section 22 deals with dates of approval and registration.

(8) Approvals and registrations may be subject to conditions

(section 23).

(9) Section 26 provides for incorrect relevant particulars and

conditions of a kind prescribed by the regulations to be corrected.

10 Applications

(1) A person may apply to the APVMA:

(a) for approval of an active constituent for a proposed or

existing chemical product; or

(b) for registration of a chemical product; or

(2)

The

application:

(a) must meet the application requirements; and

(b) for an active constituent or chemical product--must include

proposed instructions for use of the constituent or product.

Note: For

meets the application requirements, see section 8A.

11 Preliminary assessment

(1) The APVMA must complete a preliminary assessment of the

application within 1 month after it is lodged.

(2) If it appears from the preliminary assessment that the application

meets the application requirements, the APVMA must, within 14

days:

(a) give written notice to the applicant:

Approvals, registrations, permits and licences Schedule 1

Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. , 2012

(i) stating that the application has passed preliminary

assessment and that it will be determined under

section 14; and

(ii) setting out any matters prescribed by the regulations;

and

(b) publish a summary of the application that includes any details

prescribed by the regulations.

(3) Otherwise, the APVMA must refuse the application.

Note:

For notice of refusal, see section 8G.

(4) The APVMA may alter the application, after it has passed

preliminary assessment, with the written consent of the applicant.

12 APVMA to publish notice before deciding whether to approve

new active constituent

(1) This section applies if the application:

(a) has passed preliminary assessment; and

(b) is for approval of an active constituent not previously

contained in a chemical product registered in this or another

jurisdiction under the Agvet Code, or a corresponding

previous law, of the jurisdiction concerned.

(2) The APVMA must publish a notice in the Gazette and in any other

manner that it thinks appropriate.

(3) The notice must state that the APVMA has to decide whether to

approve the constituent and must:

(a) set out the following:

(i) the name of the constituent;

(ii) particulars of the constituent;

(iii) a summary of the APVMA's assessment of whether the

constituent meets the safety criteria;

(iv) any other matters that the APVMA thinks appropriate;

and

(b) invite any person to make, within a specified period of at

least 28 days, a written submission as to whether the

constituent should be approved and stating the grounds on

which the submission is based, which must be grounds that

relate to the safety criteria.

Schedule 1 Approvals, registrations, permits and licences

28 Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. ,

2012

13 APVMA to publish notice before deciding whether to register

chemical product containing new active constituent

(1) This section applies if the application:

(a) has passed preliminary assessment; and

(b) is for registration of a chemical product containing an active

constituent not previously contained in a chemical product

registered in this or another jurisdiction under the Agvet

Code, or a corresponding previous law, of the jurisdiction

concerned.

(2) The APVMA must publish a notice in the Gazette and in any other

manner that it thinks appropriate.

(3) The notice must state that the APVMA has to decide whether to

(a) set out the following:

(i) the name that the applicant intends to use to describe the

product;

(ii) particulars of the product and its active constituents;

(iii) a summary of the APVMA's assessment of whether the

product meets the safety criteria, the trade criteria and

the efficacy criteria;

(iv) any other matters that the APVMA thinks appropriate;

and

(b) invite any person to make, within a specified period of at

least 28 days, a written submission to the APVMA as to

whether the product should be registered and stating the

grounds on which the submission is based, which must be

grounds that relate to the safety criteria, the trade criteria or

the efficacy criteria.

14 Approval and registration

(1) The APVMA must approve the active constituent or label, or

(a) that the application meets the application requirements; and

(b) for an active constituent--that the constituent meets the

safety criteria; and

Approvals, registrations, permits and licences Schedule 1

Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. , 2012

(i) meets the safety criteria, the trade criteria and the

efficacy criteria; or

(ii) complies with the established standard for the product;

and

(d) for a label for a chemical product--that the label:

(i) meets the labelling criteria; or

(ii) complies with the established standard for the product.

Note:

For notice of approval or registration, see section 8F.

(2) Otherwise, the APVMA must refuse the application.

Note:

For notice of refusal, see section 8G.

14A Approval of active constituents for which information is not

readily available

(1) The APVMA may approve an active constituent for a proposed or

existing chemical product if:

(a) either of the following applies:

(i) the APVMA considers that information it requires in

respect of the constituent is not readily available;

(ii) the constituent is, or is part of, a product in respect of

which a standard is specified in the European

Pharmacopoeia, the British Pharmacopoeia

(Veterinary), the United States Pharmacopoeia or any

other publication considered by the APVMA to be

appropriate; and

(b) having regard to information that is readily available, the

APVMA is satisfied that the constituent would meet the

safety criteria.

(2) Subsection (1) applies:

(a) despite subsection 14(2); and

(b) whether or not an application has been made for approval of

the constituent.

33 Section 14B of the Code set out in the Schedule (heading)

Repeal the heading, substitute:

Schedule 1 Approvals, registrations, permits and licences

30 Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. ,

2012

14B APVMA not to use information for registration of new chemical

product to register a similar product after disclosure

34 Paragraph 14B(1)(a) of the Code set out in the Schedule

Omit "an agricultural", substitute "a".

35 Paragraph 14B(1)(b) of the Code set out in the Schedule

Repeal the paragraph, substitute:

(b) the information related to the first product or the active

constituent and:

(i) the safety criteria; or

(ii) a matter that is prescribed by the regulations; and

36 Paragraph 14B(1)(e) of the Code set out in the Schedule

Repeal the paragraph, substitute:

(e) as a result of the disclosure, the applicant for an application

for registration of a chemical product (the second product)

that is the same as, or similar to, the first product, seeks to

have the APVMA use the information in determining the

application.

37 Subsection 14B(2) of the Code set out in the Schedule

Omit "grant the application for registration of", substitute "register".

38 Subsection 14B(3) of the Code set out in the Schedule

Omit "granting", substitute "determining".

39 Subsection 14B(3) of the Code set out in the Schedule

Omit "of the grant or".

40 Section 15 of the Code set out in the Schedule (heading)

Repeal the heading, substitute:

15 Restriction on power of APVMA to register products and

approve labels

41 Paragraphs 15(1)(a) and (b) of the Code set out in the

Schedule

Approvals, registrations, permits and licences Schedule 1

Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. , 2012

Repeal the paragraphs, substitute:

(a) register a chemical product unless:

(i) the APVMA also approves each active constituent for

the product; and

(ii) the APVMA also approves a label for containers for the

product; or

(b) approve a label for containers for a chemical product unless it

also registers the product.

42 Subsection 16(1) of the Code set out in the Schedule

Omit "for a proposed or existing chemical product".

43 Sections 19 to 26 of the Code set out in the Schedule

Repeal the sections, substitute:

19 How approval of active constituent takes place

(1) Approval of an active constituent takes place when the APVMA

enters the following in the Record:

(a) the name of the person who applied for the approval as the

holder of the approval;

(b) the name of any nominated agent for the approval;

any instructions for the use of the constituent and any other

particulars prescribed by the regulations;

(d) any conditions of the approval imposed by the APVMA;

(e) the date the approval ends.

(2) The date the approval ends must:

(a) be worked out in accordance with the method prescribed by

the regulations; and

(b) be the last day of a calendar month at least 7 years but not

more than 15 years after the approval takes place.

(3) Despite subsection (2), the APVMA may approve the active

constituent for a period of less than 7 years to provide for its

approval to end at the same time as another approval of the active

constituent.

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32 Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. ,

2012

(4) Paragraph (2)(b) does not apply if the approval is subject to the

condition that it remains in force only for a stated period of not

more than 1 year (see subsection 23(2)).

20 How registration of chemical product takes place

(1) Registration of a chemical product takes place when the APVMA

enters the following in the Register:

(a) the name of the person who applied for the registration as the

holder of the registration;

(b) the name of any nominated agent for the registration;

any instructions for the use of the product and any other

particulars prescribed by the regulations;

(d) if the product is a listed chemical product--a notation to that

effect;

(e) any conditions of the registration imposed by the APVMA;

(f) the date the registration ends, which must be the last day of a

calendar month not more than 12 months after the

registration takes place;

(g) unless the product is a listed chemical product, and the

product and each label for the product comply with the

established standard for the product--the date (the last

renewal date) after which the registration cannot be renewed

under Division 6.

Rules about last renewal dates

(2) The last renewal date must:

(a) be worked out in accordance with the method prescribed by

the regulations; and

(b) if the last renewal date is entered in the Register when the

product is registered--be the last day of a calendar month at

least 7 years but not more than 15 years after the registration

takes place; and

relevant particulars or conditions of the registration are

varied--be the last day of a calendar month at least 7 years

but not more than 15 years after the variation takes place.

Approvals, registrations, permits and licences Schedule 1

Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. , 2012

Note:

For entering last renewal dates when relevant particulars or conditions

are varied, see sections 26D, 29B and 34A.

(3) However, the last renewal date may be less than 7 years after the

registration or variation takes place to provide for the last renewal

date to be the same as the last renewal date for another chemical

product that contains one or more of the same active constituents.

(4) Paragraphs (2)(b) and (c) do not apply if the registration is subject

to the condition that it remains in force only for a stated period of

not more than 1 year (see subsection 23(2)).

21 How approval of label takes place

Approval of a label takes place when the APVMA:

(a) determines the particulars prescribed by the regulations that

are appropriate to be contained on the label; and

(b) gives a distinguishing number to the label; and

file:

(i) the name of the person who applied for the approval as

the holder of the approval;

(ii) the name of any nominated agent for the approval;

(iii) the distinguishing number;

(iv) the instructions and any particulars that are to be

contained on the label;

(v) any conditions of the approval imposed by the APVMA.

22 Date of approval or registration

(1) The date of approval of an active constituent, of registration of a

chemical product or of approval of a label is the date on which the

relevant particulars are entered in the Record, Register or relevant

APVMA file.

(2)

If:

(a) any of the relevant particulars of:

(i) an approval of an active constituent; or

(ii) a registration of a chemical product; or

(iii) an approval of a label; or

Schedule 1 Approvals, registrations, permits and licences

34 Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. ,

2012

(b) any of the conditions of such an approval or registration

imposed by the APVMA;

are varied, then, the date of approval of the constituent, registration

of the product, or approval of the label, as varied, or as subject to

the varied conditions, is the date on which particulars of the

variation are entered in the Record, Register or relevant APVMA

file.

23 Conditions of approval or registration

(1) The approval of an active constituent, the registration of a chemical

product or the approval of a label for containers for a chemical

product is subject to:

(a) the conditions prescribed by the regulations (whether or not

the conditions are prescribed at the time the constituent,

product or label is approved or registered); and

(b) any conditions imposed on the approval or registration as the

APVMA thinks appropriate.

(2) An active constituent, chemical product or a label may be approved

or registered on the condition that the approval or registration

remains in force only for a stated period of not more than 1 year.

(3)

If:

(a) the approval or registration is subject to a condition referred

to in subsection (2); and

(b) the conditions of approval or registration have not been

varied before the end of the period referred to in the

condition, or the end of that period as previously extended

under this subsection, so as to remove the condition;

the APVMA may vary the condition so as to extend the period for

a further period of not more than 1 year.

26 Incorrect particulars and conditions

(1)

If:

(a) the APVMA is satisfied that a relevant particular or condition

entered in the Record or Register, or recorded in the relevant

APVMA file, is incorrect in a material respect; and

(b) the relevant particular or condition is of a kind prescribed by

the regulations;

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Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. , 2012

the APVMA must vary the entry or record accordingly.

Note:

For notice of variation, see section 8F.

(2) If the APVMA is satisfied that a relevant particular or condition

entered in the Record or Register, or recorded in the relevant

APVMA file, is incorrect in a material respect because of

inaccurate recording, the APVMA must vary the entry or record

accordingly.

Note:

For notice of variation, see section 8F.

(3) If the holder of the approval of an active constituent, the

registration of a chemical product or the approval of a label for

containers for a chemical product has reasonable cause to believe

that:

(a) a relevant particular or condition entered in the Record or

to the constituent, product or label is incorrect in a material

respect; and

(b) the relevant particular or condition is incorrect because of

inaccurate recording;

the holder must, within 28 days, give to the APVMA a written

notice, signed by the holder, identifying the incorrect particular or

condition and informing the APVMA of the correct particular or

condition.

(4) The holder commits an offence of strict liability if the holder

contravenes subsection (3).

Penalty: 30 penalty units.

Note:

For strict liability, see section 6.1 of the Criminal Code.

(5) Subsection (3) is a civil penalty provision.

Note:

Division 2 of Part 9A provides for pecuniary penalties for

contraventions of civil penalty provisions.

44 Divisions 2A and 3 of Part 2 of the Code set out in the

Schedule

Repeal the Divisions, substitute:

Schedule 1 Approvals, registrations, permits and licences

36 Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. ,

2012

Division 2A--Varying prescribed relevant particulars

26A Explanation of Division

(1) This Division provides for the variation of a relevant particular of

an approval or registration if the relevant particular is set out in a

legislative instrument made under section 26B.

(2) Only the holder of the approval or registration may apply under

this Division (section 26B). The application must meet the

application requirements specified in section 8A.

(3) The APVMA must vary the relevant particular if specified criteria

are met, otherwise it must refuse the application (section 26C).

(4) Section 26D sets out how a variation takes place.

26B Applications

(1) The holder may apply to the APVMA for variation of a relevant

particular of an approval or registration if the relevant particular is

of a kind set out in a legislative instrument made by the APVMA

for the purposes of this section.

(2) The application must meet the application requirements.

Note: For

meets the application requirements, see section 8A.

(3) The APVMA may alter the application with the written consent of

the applicant.

26C Varying prescribed relevant particulars

(1) The APVMA must vary the relevant particular if it is satisfied:

(a) that the application meets the application requirements; and

(b) for an active constituent--that, if the particular were varied

in accordance with the application, the constituent would

meet the safety criteria; and

accordance with the application, the product would:

(i) meet the safety criteria, the trade criteria and the

efficacy criteria; or

Approvals, registrations, permits and licences Schedule 1

Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. , 2012

(ii) comply with the established standard for the product;

and

(d) for a label for a chemical product--that, if the particular were

varied in accordance with the application, the label would:

(i) meet the labelling criteria; or

(ii) comply with the established standard for the product.

Note:

For notice of variation, see section 8F.

(2) Otherwise, the APVMA must refuse the application.

Note:

For notice of refusal, see section 8G.

26D How variation takes place

(1) Variation of a relevant particular under this Division takes place

when the APVMA records in the Record, Register or relevant

APVMA file, as required, the relevant particular as varied and the

date on which the variation is made.

(2)

If:

(a) the relevant particular is varied in such a way that a listed

chemical product or any approved label for the product does

not comply with the established standard for the product; and

(b) there is no date entered in the Register as the date after which

the registration of the product cannot be renewed under

Division 6;

the APVMA must enter such a date in the Register.

Note:

See section 20 for rules about the date after which a registration

cannot be renewed under Division 6.

(3)

If:

(a) the relevant particular is varied in such a way that a listed

chemical product and every approved label for the product

comply with the established standard for the product; and

(b) there is a date entered in the Register as the date after which

the registration of the product cannot be renewed under

Division 6;

the APVMA must remove the date from the Register.

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38 Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. ,

2012

Division 3--Varying relevant particulars and conditions

26E Explanation of Division

(1) This Division provides generally for variation of relevant

particulars or conditions of approvals and registrations.

(2) Holders and other persons may apply under this Division.

(3) Section 27 provides for applications to be made. An application

must meet the application requirements specified in section 8A.

(4) The APVMA must complete a preliminary assessment of the

application. If the application passes preliminary assessment, the

APVMA must notify the applicant and may be required to publish

a summary of the application (section 28).

(5) The APVMA must vary the relevant particulars or conditions if

specified criteria are met (section 29).

(6) The APVMA may vary relevant particulars or conditions on its

own initiative with the consent of the holder (section 29A).

(7) Section 29B sets out how a variation takes place.

27 Applications

(1) The holder may apply to the APVMA for variation of the relevant

particulars or conditions of:

(a) the approval of an active constituent; or

(b) the registration of a chemical product; or

Note:

The APVMA may only vary relevant particulars or conditions that it

has imposed. See section 6B.

(2) A person may, with the consent of the holder, apply to the

APVMA for variation of the relevant particulars or conditions of:

(a) the registration of a chemical product; or

(b) the approval of a label for containers for a chemical product.

(3) An application under subsection (1) or (2) must meet the

application requirements.

Note: For

meets the application requirements, see section 8A.

Approvals, registrations, permits and licences Schedule 1

Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. , 2012

(4) The fee (if any) for the application must be reduced (but not below

zero) by the amount of any fee paid for a previous application for

the variation made under Division 2A.

28 Preliminary assessment

(1) The APVMA must complete a preliminary assessment of the

application within 1 month after it is lodged.

(2) If it appears from the preliminary assessment that the application

meets the application requirements, the APVMA must, within 14

days:

(a) give written notice to the applicant:

(i) stating that the application has passed preliminary

assessment and that it will be determined under

section 29; and

(ii) setting out any matters prescribed by the regulations;

and

(b) if the variation relates to the use of a chemical product--

publish a summary of the application including any details

prescribed by the regulations.

(3) Otherwise, the APVMA must refuse the application.

Note:

For notice of refusal, see section 8G.

(4) The APVMA may alter the application, after it has passed

preliminary assessment, with the written consent of:

(a) the applicant; and

(b) if the applicant is not the holder--the holder.

29 Varying relevant particulars and conditions

(1) The APVMA must vary the relevant particulars or conditions if it

is satisfied:

(a) that the application meets the application requirements; and

(b) for an active constituent--that, if those particulars or

conditions were varied in accordance with the application,

the constituent would meet the safety criteria; and

conditions were varied in accordance with the application,

the product would:

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40 Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. ,

2012

(i) meet the safety criteria, the trade criteria and the

efficacy criteria; or

(ii) comply with the established standard for the product;

and

(d) for a label for a chemical product--that, if those particulars

or conditions were varied in accordance with the application,

the label would:

(i) meet the labelling criteria; or

(ii) comply with the established standard for the product.

Note:

For notice of variation, see section 8F.

(2) Otherwise, the APVMA must refuse the application.

Note:

For notice of refusal, see section 8G.

29A APVMA may vary on its own initiative with holder's consent

(1) The APVMA may, on its own initiative, and with the written

consent of the holder, vary the relevant particulars or conditions of

an approval or registration.

Note 1:

The APVMA may only vary relevant particulars or conditions that it

has imposed. See section 6B.

Note 2:

For notice of variation, see section 8F.

(2) The APVMA may vary the relevant particulars or conditions only

if it is satisfied:

(a) for an active constituent--that, if those particulars or

conditions were so varied, the constituent would meet the

safety criteria; and

(b) for a chemical product--that, if those particulars or

conditions were so varied, the product would:

(i) meet the safety criteria, the trade criteria and the

efficacy criteria; or

(ii) comply with the established standard for the product;

and

or conditions were so varied, the label would:

(i) meet the labelling criteria; or

(ii) comply with the established standard for the product.

(3) No fee is payable in relation to a variation made under this section.

Approvals, registrations, permits and licences Schedule 1

Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. , 2012

(4) Nothing in this Code requires the APVMA to make a variation

under this section.

29B How variation takes place

(1) Variation of relevant particulars or conditions under this Division

takes place when the APVMA records in the Record, Register or

relevant APVMA file, as required, the relevant particulars or

conditions as varied and the date on which the variation is made.

(2)

If:

(a) the relevant particulars or conditions are varied in such a way

that a listed chemical product or any approved label for the

product does not comply with the established standard for the

product; and

(b) there is no date entered in the Register as the date after which

the registration of the product cannot be renewed under

Division 6;

the APVMA must enter such a date in the Register.

Note:

See section 20 for rules about the date after which a registration

cannot be renewed under Division 6.

(3)

If:

(a) the relevant particulars or conditions are varied in such a way

that a listed chemical product and every approved label for

the product comply with the established standard for the

product; and

(b) there is a date entered in the Register as the date after which

the registration of the product cannot be renewed under

Division 6;

the APVMA must remove the date from the Register.

45 Division 4 of Part 2 of the Code set out in the Schedule

(heading)

Repeal the heading, substitute:

Division 4--Reconsidering approvals and registrations

46 Before section 30 of the Code set out in the Schedule

Insert:

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42 Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. ,

2012

29L Explanation of Division

(1) This Division provides for reconsideration of approvals and

registrations.

(2) The APVMA may invite proposals for reconsideration

(section 30), and the APVMA may reconsider an approval or

registration at any time (section 31).

(3) Before reconsidering an approval or registration, the APVMA must

prepare a work plan (section 31), notify the holder and invite the

holder to make a written submission on the reconsideration. The

holder will also be required to give the APVMA information

relevant to the reconsideration (section 32).

(4) The APVMA may inform any person that the APVMA proposes to

reconsider, or is reconsidering, the approval or registration and

invite written submissions (section 32).

(5) The APVMA may require the holder to conduct trials or

experiments or provide information or samples for the purposes of

the reconsideration (section 33).

(6) The APVMA must affirm the approval or registration if it is

satisfied that the constituent or product concerned meets specified

criteria (section 34).

(7) The APVMA must vary the relevant particulars or conditions of

the approval or registration if the APVMA is satisfied that they can

be varied in such a way as to allow the approval or registration to

be affirmed (section 34A).

(8) If the APVMA does not affirm the approval or registration, it must

suspend or cancel the approval or registration (section 34AA).

(9) The APVMA must give notice of what it proposes to do before it:

(a) varies the relevant particulars or conditions; or

(b) suspends or cancels the approval or registration

(section 34AB).

(10) If the APVMA affirms the approval or registration:

(a) it must notify the holder and publish a notice in the Gazette

(section 34AC); and

Approvals, registrations, permits and licences Schedule 1

Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. , 2012

(b) if the reconsideration was required by section 29H

(reconsideration if APVMA does not re-approve or

re-register)--it must re-approve or re-register the constituent

or product (section 34AD); and

(section 34AE).

(9) The APVMA may reconsider the approval of a label to determine

whether the instructions on the label are adequate (section 34AF).

47 Section 30 of the Code set out in the Schedule (heading)

Repeal the heading, substitute:

30 Inviting the public to propose reconsiderations

48 Subsection 30(1) of the Code set out in the Schedule

Omit "cause to be published", substitute "at any time publish".

49 Subsection 30(1) of the Code set out in the Schedule

Omit "for proposed or existing chemical products, or to propose

chemical products,", substitute ", chemical products or labels".

50 At the end of section 31 of the Code set out in the

Schedule

Add:

(2) Before commencing the reconsideration, the APVMA must prepare

a work plan in accordance with any requirements prescribed by the

regulations.

(3) The work plan:

(a) must be maintained in accordance with the regulations; and

(b) is not a legislative instrument.

51 Section 32 of the Code set out in the Schedule (heading)

Repeal the heading, substitute:

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44 Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. ,

2012

32 Notice of reconsideration

52 Subsections 32(1) to (3A) of the Code set out in the

Schedule

Repeal the subsections, substitute:

(1) The APVMA must give written notice to the holder:

(a) setting out the matters it proposes to deal with in the

reconsideration and its reasons for so proposing; and

(b) requiring the holder, within a period stated in the notice that

ends not earlier than 28 days after the day the notice is given,

to give to the APVMA either or both of the following:

(i) any information of a kind stated in the notice of which

the holder is aware and which is relevant to the

reconsideration;

(ii) any information of which the holder is aware that is

relevant to the reconsideration; and

submission to the APVMA about the matters referred to in

paragraph (a); and

(d) setting out the work plan.

(1A) The APVMA may, by written notice given to the holder, extend

the period stated in the notice.

(2) The APVMA may, if it thinks it desirable to do so, inform any

person, in any manner that it thinks appropriate, that the APVMA

proposes to reconsider, or is reconsidering, the approval or

registration.

(2A) If the APVMA informs a person as mentioned in subsection (2), it

must:

(a) inform the person of:

(i) the matters that it proposes to reconsider, or is

reconsidering; and

(ii) the work plan; and

(b) invite any person to make, within a specified period which

must not end earlier than 28 days after the invitation is given,

a written submission to the APVMA about the matters it

proposes to reconsider, or is reconsidering.

Approvals, registrations, permits and licences Schedule 1

Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. , 2012

(2B) Nothing in subsections (1), (2) or (2A):

(a) requires the APVMA to deal with a particular matter as part

of the reconsideration; or

(b) prevents the APVMA from dealing with a particular matter

as part of the reconsideration.

(3) The holder must comply with a requirement made of the holder

under paragraph (1)(b).

Note:

A person does not commit an offence by failing to do something the

person is not capable of doing. See subsections 4.2(1) and (4) of the

Criminal Code.

53 Subsection 32(4) of the Code set out in the Schedule

Omit "interested person or an approved person", substitute "holder".

54 Subsection 32(5) of the Code set out in the Schedule

Repeal the subsection, substitute:

(5) The holder commits an offence of strict liability if the holder

contravenes subsection (3).

Penalty: 120 penalty units.

Note 1:

For strict liability, see section 6.1 of the Criminal Code.

Note 2:

A defendant bears an evidential burden in relation to the matter in

subsection (4). See subsection 13.3(3) of the Criminal Code.

(6) Subsection (3) is a civil penalty provision.

Note 1:

Division 2 of Part 9A provides for pecuniary penalties for

contraventions of civil penalty provisions.

Note 2:

For the evidential burden in civil penalty proceedings in relation to the

matter in subsection (4), see section 145CD.

55 Section 33 of the Code set out in the Schedule (heading)

Repeal the heading, substitute:

33 APVMA may require information, reports, results or samples

56 Subsections 33(1) to (2A) of the Code set out in the

Schedule

Repeal the subsections, substitute:

Schedule 1 Approvals, registrations, permits and licences

46 Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. ,

2012

(1) The APVMA may, by written notice given to the holder, require

the holder, within a reasonable period stated in the notice or such

further period as the APVMA allows, to do one or more of the

following for the purposes of the reconsideration:

(a) give to the APVMA information of a kind stated in the

notice;

(b) carry out a search of published literature for information and

give a report to the APVMA on the results of that search;

experiments and give the results of the trials or experiments

to the APVMA;

(d) give to the APVMA, or to another body specified in the

notice, a sample of an active constituent, or of a chemical

product or any of its constituents, for the purpose of analysis

by an approved analyst.

The information, trials, experiments or analysis must be relevant to

the reconsideration.

(1A) The period stated in the notice must be no longer than the period

prescribed by the regulations.

(1B) The APVMA may allow a further period only in the circumstances

prescribed by the regulations.

(1C) The power under subsection (1) includes the power to require the

holder to give to the APVMA information, a report, results or a

sample in addition to any information, report, results, or sample

previously given by the holder to the APVMA under any provision

of this Code other than this section.

(1D) Any information, report, results or sample that the holder has to

give to the APVMA or another body under subsection (1) must be

given as follows:

(a) information, a report or results must be given in writing:

(i) signed by the holder; or

(ii) attached to a covering letter signed by the holder;

(b) a sample must be:

(i) labelled with a label signed by the holder; or

(ii) attached to a covering letter signed by the holder.

Note:

For giving information electronically, see section 156A.

Approvals, registrations, permits and licences Schedule 1

Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. , 2012

(2) The holder must comply with a requirement made of the holder

under subsection (1).

Note:

A person does not commit an offence by failing to do something the

person is not capable of doing. See subsections 4.2(1) and (4) of the

Criminal Code.

57 Subsection 33(3) of the Code set out in the Schedule

Omit "interested person or an approved person", substitute "holder".

58 Subsection 33(4) of the Code set out in the Schedule

Repeal the subsection, substitute:

(4) The holder commits an offence of strict liability if the holder

contravenes subsection (2).

Penalty: 120 penalty units.

Note 1:

For strict liability, see section 6.1 of the Criminal Code.

Note 2:

A defendant bears an evidential burden in relation to the matter in

subsection (3). See subsection 13.3(3) of the Criminal Code.

(5) Subsection (2) is a civil penalty provision.

Note 1:

Division 2 of Part 9A provides for pecuniary penalties for

contraventions of civil penalty provisions.

Note 2:

For the evidential burden in civil penalty proceedings in relation to the

matter in subsection (3), see section 145CD.

59 Sections 34 and 34A of the Code set out in the Schedule

Repeal the sections, substitute:

34 Reconsideration by APVMA

(1) The APVMA must affirm the approval or registration if, and only

if, it is satisfied:

(a) for an active constituent--that the constituent meets the

safety criteria; and

(b) for a chemical product--that the product meets the safety

criteria, the trade criteria and the efficacy criteria; and

(d) that the constituent, product or label complies with any

requirement prescribed by the regulations.

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48 Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. ,

2012

(2) Subsection (1) applies only to the extent that the APVMA decides

to reconsider matters covered by the subsection.

(3) For the purposes of subsection (1), the APVMA:

(a) must have regard to:

(i) any information given, or submissions made, to the

APVMA in response to a notice given under subsection

32(1); and

(ii) any submissions made to the APVMA in response to an

invitation under paragraph 32(2A)(b) or 34AB(2)(f);

and

(iii) any information given by the holder in response to an

invitation given by the APVMA (whether or not under

this Code) in relation to the constituent, product or

label; and

(iv) any information, report, results or sample given to the

APVMA in response to a notice given under section 33;

and

(v) any information given to the APVMA as required by

section 161 in relation to the constituent, product or

label; and

(vi) any other information that it considers necessary to

enable it to make a decision on the reconsideration; but

(b) must not take into account any submission, information,

report, results or sample not covered by paragraph (a).

34A Varying relevant particulars or conditions to allow affirmation

(1)

the

APVMA:

(a) is not satisfied as mentioned in subsection 34(1); but

(b) is satisfied that the relevant particulars or conditions of the

approval or registration can be varied in such a way as to

allow the approval or registration to be affirmed;

the APVMA must vary the relevant particulars or conditions.

Note:

The APVMA may only vary relevant particulars or conditions that it

has imposed. See section 6B.

(2) For the purposes of paragraph (1)(b), the APVMA may have

regard only to the following:

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Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. , 2012

(a) submissions, information, reports, results or samples that it

had regard to under section 34;

(b) submissions made to the APVMA in response to the

invitation under paragraph 34AB(2)(f).

(3) If the variation would affect any instructions for the use of an

active constituent or chemical product, or any instructions on a

label, the APVMA must not make the variation until it has

consulted each co-ordinator designated for a jurisdiction and taken

into account any recommendations made by the co-ordinators.

(4) If the APVMA varies the relevant particulars or conditions, it must

record in the Record, Register or relevant APVMA file, as

required, the relevant particulars or conditions as varied and the

date on which the variation is made.

(5)

If:

(a) the relevant particulars or conditions are varied in such a way

that a listed chemical product or any approved label for the

product does not comply with the established standard for the

product; and

(b) there is no date entered in the Register as the date after which

the registration of the product cannot be renewed under

Division 6;

the APVMA must enter such a date in the Register.

Note:

See section 20 for rules about the date after which a registration

cannot be renewed under Division 6.

(6)

If:

(a) the relevant particulars or conditions are varied in such a way

that a listed chemical product and every approved label for

the product comply with the established standard for the

product; and

(b) there is a date entered in the Register as the date after which

the registration of the product cannot be renewed under

Division 6;

the APVMA must remove the date from the Register.

34AA Suspension or cancellation

(1) If the APVMA does not affirm the approval or registration, it must

suspend or cancel the approval or registration.

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50 Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. ,

2012

(2) If the reconsideration is of the approval of a label for containers for

a chemical product, the APVMA must suspend or cancel the

approval if:

(a) the APVMA is satisfied that the relevant particulars of the

approval can be varied in such a way as to allow the approval

to be affirmed; but

(b) the holder does not satisfy the APVMA that a label, including

the particulars as varied, will be attached to the containers for

the product.

(3) Subsection (2) has effect despite subsection 34A(1).

Note:

For general requirements in relation to suspension and cancellation,

see Division 5.

34AB Notice of proposed decision

(1) The APVMA must give notice of what it proposes to do before it:

(a) varies the relevant particulars or conditions under

section 34A; or

(b) suspends or cancels the approval or registration under

section 34AA.

(2) The notice must:

(a) be given to the holder in writing; and

(b) be given to the other persons informed of the reconsideration

as mentioned in subsection 32(2):

(i) in writing; or

(ii) in the way the persons were informed under that

subsection; and

of action; and

(d) set out the information on which the reasons are based

(including information not given to the APVMA by the

holder); and

(e) for variation of relevant particulars or conditions--set out the

proposed variation; and

(f) invite written submissions from the holder or other persons

within 3 months.

(3) The APVMA is not required to comply with this section more than

once in relation to:

Approvals, registrations, permits and licences Schedule 1

Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. , 2012

(a) variation of the relevant particulars or conditions; or

(b) suspension or cancellation of the approval or registration.

34AC Notice of decision on reconsideration

(1) If the APVMA affirms the approval or registration, the APVMA

must, within 14 days:

(a) give written notice of the affirmation to the holder; and

(b) publish a notice of the affirmation in the Gazette and in any

other manner that it thinks appropriate.

(2) The notice given to the holder must:

(a) state that the approval or registration has been affirmed; and

(b) set out the relevant particulars and conditions of the approval

or registration as affirmed; and

(d) for registration--state the date (if any) after which the

registration cannot be renewed under Division 6; and

(e) include any information prescribed by the regulations.

(3) The notice in the Gazette must:

(a) state that the approval or registration has been affirmed; and

(b) contain a brief statement of the reasons for the affirmation.

Note:

If the APVMA does not affirm the approval or registration, it must

suspend or cancel the approval or registration under section 34AA.

For notice of suspension or cancellation, see Division 5.

34AD Affirmation leading to re-approval or re-registration

If:

(a) the APVMA affirms the approval or registration; and

(b) the reconsideration was required by section 29H

(reconsideration if APVMA does not re-approve or

re-register);

the APVMA must, as soon as practicable, re-approve or re-register

the constituent or product.

34AE Varying duration of approval or registration

(1) If the APVMA affirms the approval or registration, it may vary:

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52 Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. ,

2012

(a) the date (the end date) the approval ends, which, if varied,

must be the last day of a calendar month at least 7 years but

not more than 15 years after the approval is affirmed; or

(b) either or both of the following:

(i) the date the registration ends, which must be the last day

of a calendar month;

(ii) if, before the reconsideration began, there was a date

entered in the Register as the date after which the

registration cannot be renewed under Division 6--that

date (the last renewal date).

(2) If varied, the end date or last renewal date must:

(a) be worked out in accordance with the method prescribed by

the regulations; and

(b) be the last day of a calendar month at least 7 years but not

more than 15 years after the approval or registration is

affirmed.

(3) However, the end date or renewal date, as varied, may be less than

7 years after the approval or registration is affirmed to provide for

the date to be the same as:

(a) for an approval--the end date for another approval of the

active constituent; or

(b) for a registration--the last renewal date for another chemical

product that contains one or more of the same active

constituents.

(4) Paragraph (2)(b) does not apply if the approval or registration is

subject to the condition that it remains in force only for a stated

period of not more than 1 year (see subsection 23(2)).

(5) Nothing in this Code requires the APVMA to make a variation

under this section.

(6) This section does not apply in relation to a reconsideration required

by section 29H (reconsideration if APVMA does not re-approve or

re-register).

Approvals, registrations, permits and licences Schedule 1

Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. , 2012

34AF Reconsideration of approval of label without notice in certain

circumstances

(1) The APVMA may, at any time, reconsider the approval of a label

for the purpose of deciding whether the label contains adequate

instructions relating to matters prescribed by the regulations for the

purposes of this section.

(2) The matters that may be prescribed must be matters covered by the

definition of meets the labelling criteria.

(3) If the APVMA considers that the particulars do not contain

adequate instructions in relation to a matter, the APVMA must:

(a) vary the relevant particulars; and

(b) record in the relevant APVMA file the relevant particulars as

varied and the date on which the record is made; and

variation.

(4) Sections 30 to 34AE do not apply to a reconsideration under this

section.

60 Section 40 of the Code set out in the Schedule

Repeal the section.

61 Subsection 43(2) of the Code set out in the Schedule

After "sections", insert "29D,".

62 Division 7 of Part 2 of the Code set out in the Schedule

Repeal the Division.

63 Part 2A of the Code set out in the Schedule

Repeal the Part.

64 Subsection 56ZU(3) of the Code set out in the Schedule

Omit "having custody of, use of, or other dealing with, each", substitute

"custody or use of each".

65 Paragraph 56ZU(4)(c) of the Code set out in the Schedule

Repeal the paragraph, substitute:

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54 Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. ,

2012

explanation as to why the APVMA is satisfied that the

product, or class of products, meets the safety criteria, the

trade criteria and the efficacy criteria; and

66 Paragraphs 72(2)(a), (b) and (c) of the Code set out in the

Schedule

Repeal the paragraphs, substitute:

(a) the supply of unapproved active constituents for chemical

products and unregistered chemical products; and

(b) their possession for the purposes of supply; and

have been approved and the supply of chemical products that

have been registered or reserved in contravention of the

conditions of their approval, registration or reservation.

67 Subsection 72(4) of the Code set out in the Schedule

Omit "or", substitute "for chemical products and".

68 Subsection 74(5) of the Code set out in the Schedule

Repeal the subsection.

69 Section 75 of the Code set out in the Schedule (heading)

Repeal the heading, substitute:

75 Possession or custody of chemical products, other than registered

or reserved products, with the intention of supply

70 Subsection 75(1) of the Code set out in the Schedule

Omit ", a registered listed chemical product".

71 Subsection 75(3) of the Code set out in the Schedule

Omit ", a registered listed chemical product".

72 Subsection 75(5) of the Code set out in the Schedule

Repeal the subsection.

73 Subsection 76(5) of the Code set out in the Schedule

Approvals, registrations, permits and licences Schedule 1

Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. , 2012

Repeal the subsection.

74 Section 78 of the Code set out in the Schedule (heading)

Repeal the heading, substitute:

78 Supply of chemical products that are not registered products or

reserved products

75 Subsection 78(1) of the Code set out in the Schedule

Omit ", a registered listed chemical product".

76 Subparagraph 78(1)(c)(i) of the Code set out in the

Schedule

Omit ", granted listed registration, or reserved,", substitute "or

reserved".

77 Subparagraph 78(1)(c)(ii) of the Code set out in the

Schedule

Omit ", granted listed registration,".

78 Subparagraph 78(1)(c)(iii) of the Code set out in the

Schedule

Omit ", granted listed registration,".

79 Subsection 78(3) of the Code set out in the Schedule

Omit ", a registered listed chemical product".

80 Subsection 78(5) of the Code set out in the Schedule

Repeal the subsection.

81 Paragraph 83(1)(a) of the Code set out in the Schedule

Omit "of Chemical Products".

82 Section 83A of the Code set out in the Schedule

Repeal the section.

83 Paragraph 84(1)(a) of the Code set out in the Schedule

Omit "or registered listed chemical product".

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56 Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. ,

2012

84 Paragraph 84(1)(b) of the Code set out in the Schedule

Omit "or registered listed chemical product".

85 Subsection 84(1) of the Code set out in the Schedule

Omit "listed" (last 2 occurring).

86 Subsection 87(1) of the Code set out in the Schedule

Repeal the subsection, substitute:

(1) This section applies to a chemical product if:

(a) a standard is prescribed in respect of the product or in respect

of a constituent contained in the product; and

(b) the product is:

(i) a listed chemical product; or

(ii) prescribed for the purposes of this section.

87 Paragraph 88(2)(b) of the Code set out in the Schedule

Omit "neither a registered chemical product nor a registered listed",

substitute "not a registered".

88 Paragraph 88(2)(c) of the Code set out in the Schedule

Omit "or listed registration".

89 Subparagraph 88(2)(d)(i) of the Code set out in the

Schedule

Omit "neither a registered chemical product nor a registered listed",

substitute "not a registered".

90 Paragraph 88(3)(b) of the Code set out in the Schedule

Omit "neither a registered chemical product nor a registered listed",

substitute "not a registered".

91 Section 89A of the Code set out in the Schedule

Omit "listable", substitute "listed".

92 Paragraph 97(4)(b) of the Code set out in the Schedule

Omit "or listed registration".

93 Section 99 of the Code set out in the Schedule (heading)

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Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. , 2012

Repeal the heading, substitute:

99 Analysis of chemical products and active constituents

94 Subsection 99(1) of the Code set out in the Schedule

Omit "If", substitute "This section applies if".

95 Subsection 99(1) of the Code set out in the Schedule

Omit ", the following provisions apply".

96 Subsection 99(2) of the Code set out in the Schedule

Omit ", or has been granted listed registration under Division 4 of

Part 2A,".

97 Paragraphs 99(2)(a), (b) and (c) of the Code set out in the

Schedule

Omit "of Chemical Products".

98 Subsection 99(6) of the Code set out in the Schedule

Omit "cause to be published", substitute "publish".

99 Subparagraph 99(6)(a)(ii) of the Code set out in the

Schedule

Omit "interested person in relation to the product--the interested

person", substitute "holder of the registration--the holder".

100 Subsection 99(8) of the Code set out in the Schedule

Repeal the subsection.

101 Section 101 of the Code set out in the Schedule

(heading)

Repeal the heading, substitute:

101 Recall of products that are not registered or whose registration

is being reconsidered

102 Paragraph 101(1)(a) of the Code set out in the Schedule

Omit ", and has not been granted listed registration,".

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58 Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. ,

2012

103 Paragraph 101(1)(b) of the Code set out in the Schedule

Repeal the paragraph, substitute:

(b) the APVMA is reconsidering the registration of a chemical

product under Division 4 of Part 2 of that Code;

104 Paragraph 101(2)(c) of the Code set out in the Schedule

Omit "and has not been granted listed registration".

105 Subsection 101(3) of the Code set out in the Schedule

Repeal the subsection.

106 Paragraphs 102(1)(a) and (aa) of the Code set out in the

Schedule

Repeal the paragraphs, substitute:

(a) a chemical product may not meet the safety criteria, the trade

criteria or the efficacy criteria; or

107 Paragraph 102(1)(b) of the Code set out in the Schedule

Omit "of Chemical Products".

108 Paragraph 102(1)(ba) of the Code set out in the Schedule

Repeal the paragraph.

109 Paragraph 102(1)(c) of the Code set out in the Schedule

Omit "of Chemical Products".

110 Paragraph 102(1)(ca) of the Code set out in the Schedule

Repeal the paragraph.

111 Paragraph 102(1)(d) of the Code set out in the Schedule

Omit "of Chemical Products".

112 Paragraph 102(1)(e) of the Code set out in the Schedule

Repeal the paragraph.

113 Subsection 102(3) of the Code set out in the Schedule

Repeal the subsection.

Approvals, registrations, permits and licences Schedule 1

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114 Subsection 103(1) of the Code set out in the Schedule

Repeal the subsection, substitute:

(1) If it appears to the APVMA that labels attached to the containers:

(a) of stocks of a registered chemical product; or

(b) of a particular batch of a registered chemical product;

differ from the approved label for the product or the label required

by the established standard for the product, the APVMA may give

written notice to any person (the notified person) who has, or has

had, possession or custody of any of those stocks or of that batch in

this jurisdiction requiring the person to do any one or more of the

things mentioned in subsection (2).

115 Subsection 103(3) of the Code set out in the Schedule

Repeal the subsection.

116 Subsection 104(1) of the Code set out in the Schedule

Repeal the subsection, substitute:

(1) If the APVMA issues a recall notice, it must, within 14 days,

publish notice of the issue of the recall notice in the Gazette and in

any other manner that it thinks appropriate.

117 Paragraph 108(2)(a) of the Code set out in the Schedule

Omit ", a registered listed chemical product".

118 Paragraph 108(2)(a) of the Code set out in the Schedule

Omit ", registration or listed", substitute "or".

119 Paragraph 108(2)(b) of the Code set out in the Schedule

Omit "product; or", substitute "product.".

120 Paragraph 108(2)(c) of the Code set out in the Schedule

Repeal the paragraph.

121 Section 110 of the Code set out in the Schedule

(heading)

Repeal the heading, substitute:

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60 Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. ,

2012

110 Applications

122 Subsections 110(2) to (4) of the Code set out in the

Schedule

Repeal the subsections, substitute:

(2) The application must meet the application requirements.

Note: For

meets the application requirements, see section 8A.

123 After section 110 of the Code set out in the Schedule

Insert:

110A Preliminary assessment

(1) The APVMA must complete a preliminary assessment of the

application within 1 month after it is lodged.

(2) If it appears from the preliminary assessment that the application

meets the application requirements, the APVMA must, within 14

days, give written notice to the applicant:

(a) stating that the application has passed preliminary assessment

and that it will be determined under section 112; and

(b) setting out any matters prescribed by the regulations.

(3) If it appears from the preliminary assessment that the application

does not meet the application requirements but that the defects in

the application can reasonably be rectified, the APVMA must,

within 14 days, give written notice to the applicant:

(a) stating that the application does not meet the application

requirements; and

(b) giving particulars of the defects in the application; and

(4) The APVMA must refuse the application if:

(a) the APVMA is not satisfied that defects in the application

can reasonably be rectified; or

(b) the defects are not rectified to the satisfaction of the APVMA

within the period mentioned in paragraph (3)(c).

Note:

For notice of refusal, see section 8G.

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(5) The APVMA may alter the application, after it has passed

preliminary assessment, with the written consent of the applicant.

124 Paragraph 111(1)(c) of the Code set out in the Schedule

Omit "application should be granted", substitute "permit should be

issued".

125 Section 112 of the Code set out in the Schedule

(heading)

Repeal the heading, substitute:

112 Issuing permits

126 Subsections 112(2) to (5) of the Code set out in the

Schedule

Repeal the subsections, substitute:

(2) The APVMA must issue the permit if it is satisfied:

(a) that the application meets the application requirements; and

(b) that the applicant has complied with any requirement made

by the APVMA under subparagraph 111(1)(b)(iii); and

safety criteria; and

(d) for a chemical product--that the product would meet the

safety criteria, the trade criteria and the efficacy criteria; and

(e) that any requirements prescribed by the regulations in

relation to the issue of a permit under this section have been

complied with; and

(f) if an application has not been made for approval of the

constituent or registration of the product or such an

application has not been determined--that there are

reasonable grounds for the application not having been made

or for issuing the permit pending determination of the

application; and

(g) if the application is for a permit to do, or omit to do, any

thing which would, apart from the permit, be an offence

against subsection 121(4A) or (5A) or a contravention of the

civil penalty provision set out in subsection 121(4) or (5)--

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62 Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. ,

2012

that there are exceptional circumstances that justify issuing

the permit.

Note:

For how permits are issued, see section 114.

(3) Otherwise, the APVMA must refuse the application.

Note:

For notice of refusal, see section 8G.

(4) Despite subsection (2), the APVMA must also refuse the

application if it is satisfied that:

(a) the applicant will be unable to comply with the conditions of

the permit; or

(b) at least one of the following persons:

(i)

the

applicant;

(ii) any other person who makes, or participates in making,

decisions that affect the whole, or a substantial part, of

the applicant's affairs;

(iii) if the applicant is a body corporate--a major interest

holder of the body corporate;

has, within the 10 years immediately before the application:

(iv) been convicted of an offence against an agvet law; or

(v) been convicted of an offence against a law of this or

another jurisdiction relating to chemical products; or

(vi) been convicted of an offence against a law of the

Commonwealth or a law of a State or Territory

involving fraud or dishonesty; or

(vii) been ordered to pay a pecuniary penalty for the

contravention of an agvet penalty provision; or

(viii) been ordered to pay a pecuniary penalty for the

contravention of another law of this or another

jurisdiction relating to chemical products; or

(ix) been ordered to pay a pecuniary penalty for the

contravention of a civil penalty provision of a law of the

Commonwealth or a law of a State or Territory

involving fraud or dishonesty; or

(x) held a permit that was cancelled under subsection

119(2) or section 119B of this Code or under a

corresponding provision of the Agvet Code of another

jurisdiction; or

Approvals, registrations, permits and licences Schedule 1

Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. , 2012

(xi) been a manager, or a major interest holder, of a body

corporate in respect of which subparagraph (iv), (v),

(vi), (vii), (viii), (ix) or (x) applies in that 10 year

period, if the conduct resulting in that subparagraph

applying occurred when the person was a manager or

major interest holder of the body corporate.

(5) A reference in paragraph (4)(b) to a person convicted of an offence

includes a reference to a person in respect of whom an order has

been made relating to the offence under:

(a) section 19B of the Crimes Act 1914; or

(b) a corresponding provision of a law of a State or Territory.

Note:

Section 19B of the Crimes Act 1914 empowers a court that has found

a person to have committed an offence to take action without

proceeding to record a conviction.

(6) However, the APVMA may issue the permit despite subsection (4)

if, in the opinion of the APVMA, special circumstances make it

appropriate to do so.

(7) If the APVMA refuses the application, it must give written notice

of the refusal to each co-ordinator to whom a copy of the

application was given.

127 After section 112 of the Code set out in the Schedule

Insert:

112A APVMA may issue permit on its own initiative

(1) The APVMA may, on its own initiative and in accordance with this

section, issue a permit to a person in respect of an active

constituent for a proposed or existing chemical product or in

respect of a chemical product.

(2) The APVMA may issue the permit if it is satisfied of the

following:

(a) that the active constituent or chemical product in respect of

which the permit is to be issued meets the safety criteria, the

trade criteria and the efficacy criteria;

(b) that any requirements prescribed by the regulations in

relation to the issue of a permit under this section have been

complied with;

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64 Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. ,

2012

constituent or registration of the product or such an

application has not been determined--that there are

reasonable grounds for the application not having been made

or for issuing the permit pending determination of the

application, as the case may be;

(d) if the permit would authorise a person to do, or omit to do,

any thing which would, apart from the permit, be an offence

against subsection 121(4A) or (5A) or a contravention of the

civil penalty provision set out in subsection 121(4) or (5)--

that there are exceptional circumstances that justify issuing

the permit.

Note:

For how permits are issued, see section 114.

(3) However, the APVMA must not issue the permit to a person (the

proposed permit holder) if it is satisfied that:

(a) the proposed permit holder will be unable to comply with the

conditions of the permit; or

(b) at least one of the following persons:

(i) the proposed permit holder;

(ii) any other person who makes, or participates in making,

decisions that affect the whole, or a substantial part, of

the proposed permit holder's affairs;

(iii) if the proposed permit holder is a body corporate--a

major interest holder of the body corporate;

has, within the previous 10 years:

(iv) been convicted of an offence against an agvet law; or

(v) been convicted of an offence against a law of this or

another jurisdiction relating to chemical products; or

(vi) been convicted of an offence against a law of the

Commonwealth or a law of a State or Territory

involving fraud or dishonesty; or

(vii) been ordered to pay a pecuniary penalty for the

contravention of an agvet penalty provision; or

(viii) been ordered to pay a pecuniary penalty for the

contravention of another law of this or another

jurisdiction relating to chemical products; or

(ix) been ordered to pay a pecuniary penalty for the

contravention of a civil penalty provision of a law of the

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Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. , 2012

Commonwealth or a law of a State or Territory

involving fraud or dishonesty; or

(x) held a permit that was cancelled under subsection

119(2) or section 119B of this Code or under a

corresponding provision of the Agvet Code of another

jurisdiction; or

(xi) been a manager, or a major interest holder, of a body

corporate in respect of which subparagraph (iv), (v),

(vi), (vii), (viii), (ix) or (x) applies, if the conduct

resulting in that subparagraph applying occurred when

the person was a manager or major interest holder of the

body corporate.

(4) A reference in paragraph (3)(b) to a person convicted of an offence

includes a reference to a person in respect of whom an order has

been made relating to the offence under:

(a) section 19B of the Crimes Act 1914; or

(b) a corresponding provision of a law of a State or Territory.

Note:

Section 19B of the Crimes Act 1914 empowers a court that has found

a person to have committed an offence to take action without

proceeding to record a conviction.

(5) However, the APVMA may issue the permit despite subsection (3)

if, in the opinion of the APVMA, special circumstances make it

appropriate to do so.

(6) If the active constituent or chemical product in respect of which the

permit is to be issued is approved or registered, the APVMA:

(a) must, before issuing the permit, give written notice of its

intention to do so to the holder of the approval or registration;

and

(b) must not issue the permit before the end of 28 days after the

day on which the notice is given.

(7) However, subsection (6) does not apply to the extent that, in the

opinion of the APVMA, special circumstances make it appropriate

to:

(a) issue the permit without giving written notice to the holder of

the approval or registration; or

(b) issue the permit before the end of the 28 days.

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66 Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. ,

2012

128 Section 114 of the Code set out in the Schedule

(heading)

Repeal the heading, substitute:

114 How permits are issued

129 Subsections 114(1) and (1A) of the Code set out in the

Schedule

Repeal the subsections.

130 Subsection 114(5) of the Code set out in the Schedule

Omit "As soon as practicable", substitute "Within 14 days".

131 Subsection 115(3) of the Code set out in the Schedule

Omit all the words after "extensions of the permit".

132 After subsection 115(3) of the Code set out in the

Schedule

Insert:

(3A) The APVMA may extend the permit for a further period that it

thinks appropriate if it is satisfied that:

(a) the application meets the application requirements; and

(b) any requirements prescribed by the regulations have been

met.

(3B) If the APVMA does not extend the permit, it must refuse the

application.

Note:

For notice of refusal, see section 8G.

133 At the end of subsection 115(5) of the Code set out in the

Schedule

Add:

Note:

For notice of refusal, see section 8G.

134 Subsection 115(6) of the Code set out in the Schedule

Repeal the subsection.

135 Subsection 117(1) of the Code set out in the Schedule

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Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. , 2012

Omit "an approved person", substitute "the holder".

136 Subsection 117(3) of the Code set out in the Schedule

Omit "as soon as practicable", substitute "within 14 days".

137 Subsection 118(8) of the Code set out in the Schedule

Repeal the subsection.

138 Subsection 118(10) of the Code set out in the Schedule

Omit "as soon as practicable", substitute "within 14 days".

139 Subsection 119(8) of the Code set out in the Schedule

Repeal the subsection.

140 Subsection 119(11) of the Schedule

Omit "as soon as practicable", substitute "within 14 days".

141 Section 120A of the Code set out in the Schedule

Omit "listable", substitute "listed".

142 Paragraphs 122(1)(a) to (e) of the Code set out in the

Schedule

Repeal the paragraphs, substitute:

(a) be in writing in the approved form; and

(b) be signed by the applicant; and

required to be paid when the application is made; and

(d) be lodged with the APVMA; and

(e) contain, or be accompanied by, any information specified for

the application under section 8B.

143 Subsection 122(2) of the Code set out in the Schedule

Omit "in relation to an application for a licence, by written notice given

to an approved person", substitute "by written notice given to the

applicant".

144 Subsection 123(1) of the Code set out in the Schedule

Repeal the subsection, substitute:

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68 Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. ,

2012

(1) If an application is made for a licence to carry out steps in the

manufacture of chemical products (other than prohibited chemical

products) at particular premises, the APVMA must issue the

licence to the applicant unless the APVMA is satisfied that:

(a) the applicant has not complied with subsection 122(1) or any

requirement under subsection 122(2); or

(b) any requirement prescribed by the regulations in relation to

the application or the issue of the licence has not been

complied with; or

the licence; or

(d) the applicant will be unable to comply with the

manufacturing principles; or

(e) at least one of the following persons:

(i)

the

applicant;

(ii) any other person who makes, or participates in making,

decisions that affect the whole, or a substantial part, of

the applicant's affairs;

(iii) if the applicant is a body corporate--a major interest

holder of the body corporate;

has, within the 10 years immediately before the application:

(iv) been convicted of an offence against an agvet law; or

(v) been convicted of an offence against a law of this or

another jurisdiction relating to chemical products; or

(vi) been convicted of an offence against a law of the

Commonwealth or a law of a State or Territory

involving fraud or dishonesty; or

(vii) been ordered to pay a pecuniary penalty for the

contravention of an agvet penalty provision; or

(viii) been ordered to pay a pecuniary penalty for the

contravention of another law of this or another

jurisdiction relating to chemical products; or

(ix) been ordered to pay a pecuniary penalty for the

contravention of a civil penalty provision of a law of the

Commonwealth or a law of a State or Territory

involving fraud or dishonesty; or

(x) contravened a condition of a manufacturing licence

issued under an agvet law; or

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Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. , 2012

(xi) held a manufacturing licence or permit that was

cancelled under an agvet law, other than paragraph

127(1)(d) or (e) of this Code or a corresponding

provision of the Agvet Code of another jurisdiction; or

(xii) been a manager, or a major interest holder, of a body

corporate in respect of which subparagraph (iv), (v),

(vi), (vii), (viii), (ix), (x) or (xi) applies in that 10 year

period, if the conduct resulting in that subparagraph

applying occurred when the person was a manager or

major interest holder of the body corporate; or

(f) at least one of the following persons:

(i)

the

applicant;

(ii) any other person who makes, or participates in making,

decisions that affect the whole, or a substantial part, of

the applicant's affairs;

(iii) if the applicant is a body corporate--a major interest

holder of the body corporate;

has, within the 5 years immediately before the application,

failed to comply with a manufacturing principle in

connection with the manufacture of chemical products.

(1A) If the APVMA does not issue the licence, it must refuse the

application.

Note:

For notice of refusal, see section 8G.

(1B) A reference in paragraph (1)(e) to a person convicted of an offence

includes a reference to a person in respect of whom an order has

been made relating to the offence under:

(a) section 19B of the Crimes Act 1914; or

(b) a corresponding provision of a law of a State or Territory.

Note:

Section 19B of the Crimes Act 1914 empowers a court that has found

a person to have committed an offence to take action without

proceeding to record a conviction.

(1C) Paragraph (1)(f) does not apply to the extent that the APVMA

thinks the failure to comply with the manufacturing principle is not

relevant.

145 Subsection 123(2) of the Code set out in the Schedule

Omit "(b) or (c)", substitute "(e) or (f)".

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70 Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. ,

2012

146 Subsection 123(5) of the Code set out in the Schedule

Omit "cause", substitute "publish".

147 Subsection 123(5) of the Code set out in the Schedule

Omit "to be published".

148 Section 124 of the Code set out in the Schedule

Repeal the section.

149 Paragraphs 126(3)(a) and (b) of the Code set out in the

Schedule

Repeal the paragraphs, substitute:

(a) on the day on which the notice is given to the holder, but

only if the notice states that the action is necessary to prevent

one or more of the following:

(i) an imminent risk to persons of death, serious injury or

serious illness;

(ii) an imminent risk of unintended harm to animals, plants

or things, or to the environment;

(iii) an imminent risk of impact on trade or commerce

between Australia and places outside Australia; or

(b) otherwise--on a day stated for the purpose in the notice that,

unless the APVMA and the holder agree, is not earlier than

28 days after the notice is given to the holder.

150 Subsection 126(5) of the Code set out in the Schedule

Repeal the subsection.

151 Subsection 127(1) of the Code set out in the Schedule

Omit "in relation to a licence, by written notice given to an approved

person", substitute "by written notice given to the holder of a licence".

152 Paragraph 127(2)(a) of the Code set out in the Schedule

Omit "an approved person", substitute "the holder".

153 Subsection 127(6) of the Code set out in the Schedule

Repeal the subsection.

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Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. , 2012

154 Paragraph 149(3)(b) of the Code set out in the Schedule

Omit ", a registered chemical product or a registered listed", substitute

"or a registered".

155 Paragraph 152(2)(a) of the Code set out in the Schedule

Omit "a person", substitute "the holder of an approval or registration".

156 Paragraph 152(2)(a) of the Code set out in the Schedule

Omit all the words after "jurisdiction", substitute "in relation to an

active constituent or chemical product covered by the approval or

registration; and".

157 Paragraph 152(2)(b) of the Code set out in the Schedule

Omit "that person", substitute "the holder".

158 Subsection 152(2) of the Code set out in the Schedule

Omit "approved person who signed the application for the approval of

the constituent or the registration or listed registration, or the renewal of

the registration or listed registration, of the product", substitute

"nominated agent for the approval or registration".

159 Subsection 152(2) of the Code set out in the Schedule

Omit "first-mentioned person", substitute "holder".

160 Subsection 152(2) of the Code set out in the Schedule

Omit "approved person" (second occurring), substitute "nominated

agent".

161 After section 156 of the Code set out in the Schedule

Insert:

156A Giving information electronically

(1) If, under this Code, a person is required or permitted to give the

APVMA information (including an application) in writing, that

requirement is taken to have been met if:

(a) the APVMA consents to the information being given

electronically; and

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72 Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. ,

2012

(b) the person gives the information electronically in accordance

with any requirements mentioned in subsection (3); and

applicant or holder--the information includes the electronic

signature of the applicant or holder.

(2) If, under this Code, a person is required or permitted to give the

APVMA information in writing, the regulations may, despite any

other provision of this Code, require that the information be given

only electronically and in accordance with any requirements

mentioned in subsection (3).

(3) For the purposes of subsections (1) and (2), the APVMA may

require that the information be given, in accordance with particular

information technology requirements, by means of a particular

kind of electronic communication.

(4) If, under this Code, the APVMA is required or permitted to give a

person information in writing, that requirement is taken to have

been met if:

(a) the person consents to the information being given

electronically; and

(b) the APVMA gives the information electronically; and

Executive Officer's electronic signature; and

(d) in a case where a person's failure to do, or not do, a thing set

out in the information is an offence against this Code or the

contravention of a civil penalty provision--the APVMA has

adequate systems for proving the person received the

information.

(5) This section applies to a requirement or permission to give

information, whether the expression "give", "lodge", "send" or

"serve", or any other expression, is used.

(6) For the purposes of this section, giving information includes, but is

not limited to, the following:

(a) making or withdrawing an application;

(b) making or lodging a claim;

(d) giving a report;

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Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. , 2012

(e) making a request;

(f) making a declaration;

(g) lodging or issuing a certificate;

(h) giving a statement of reasons.

162 Subsection 157(1) of the Code set out in the Schedule

Omit "If the APVMA so requires, a person who makes an application

under this Code must", substitute "For the purposes of determining an

application under this Code, the APVMA may require the applicant to".

163 Paragraphs 159(1)(a) and (b) of the Code set out in the

Schedule

Before "an application", insert "determining".

164 Paragraph 159(1)(c) of the Code set out in the Schedule

Repeal the paragraph.

165 Subparagraph 159(1)(d)(iv) of the Code set out in the

Schedule

Repeal the subparagraph.

166 Subsection 159(1) of the Code set out in the Schedule

Omit "interested person or an approved person, require the interested

person, or the applicant for or holder of the relevant permit", substitute

"applicant (for the purposes of paragraph (a) or (b)) or the holder (for

the purposes of paragraph (d)), require the applicant or holder".

167 Paragraph 159(1)(e) of the Code set out in the Schedule

Omit ", that may be relevant to the application, reconsideration or

decision".

168 After subsection 159(1) of the Code set out in the

Schedule

Insert:

(1AA) The period stated in the notice must be no longer than the period

prescribed by the regulations.

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74 Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. ,

2012

(1AB) The APVMA may allow a further period only in the circumstances

prescribed by the regulations.

169 Subsection 159(2) of the Code set out in the Schedule

Omit "a person", substitute "an applicant or holder".

170 Subsection 159(2) of the Code set out in the Schedule

Omit "an approved person", substitute "the applicant or holder".

171 At the end of subsection 159(2) of the Code set out in the

Schedule

Add:

Note:

For giving information electronically, see section 156A.

172 Subsection 159(3) of the Code set out in the Schedule

Omit all the words after "APVMA", substitute "must refuse the

application".

173 At the end of subsection 159(3) of the Code set out in the

Schedule

Add:

Note:

For notice of refusal, see section 8G.

174 Subsections 159(4) and (5) of the Code set out in the

Schedule

Repeal the subsections.

175 Section 160 of the Code set out in the Schedule

(heading)

Repeal the heading, substitute:

160 Overseas trials and experiments etc.

176 Section 160 of the Code set out in the Schedule

Omit "For", substitute "(1) This section applies for".

177 Paragraph 160(a) of the Code set out in the Schedule

Before "an application", insert "determining".

Approvals, registrations, permits and licences Schedule 1

Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. , 2012

178 Paragraph 160(b) of the Code set out in the Schedule

Before "an application" (first occurring), insert "determining".

179 Paragraph 160(c) of the Code set out in the Schedule

Omit "registration or listed".

180 Paragraph 160(d) of the Code set out in the Schedule

Omit "product;", substitute "product.".

181 Section 160 of the Code set out in the Schedule

Omit all the words from and including "the APVMA".

182 At the end of section 160 of the Code set out in the

Schedule

Add:

(2) The APVMA may take account of any of the following:

(a) the results of any trials or experiments already carried out in

a foreign country in relation to an active constituent for a

proposed or existing chemical product, or in relation to a

chemical product or any of its constituents;

(b) any decisions or evaluations made by regulators of

agricultural or veterinary chemicals in a foreign country;

in paragraph (b) is based;

to the extent that those results, decisions or evaluations are, or that

information is, relevant having regard to any matters the APVMA

thinks appropriate, including any of the matters mentioned in

subsection (3).

(3) The matters are:

(a) any significant differences in the proposed use of the

constituent, or of the product, in Australia and in that foreign

country; or

(b) any different environmental factors affecting the use of the

constituent, or of the product, in Australia and in that foreign

country; or

properties of the constituent, or of the product or of any of its

Schedule 1 Approvals, registrations, permits and licences

76 Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. ,

2012

constituents, that has become available since the conduct of

those trials or experiments; or

(d) any significant differences in the way decisions or

evaluations are made in Australia and by the national

regulatory authority in that foreign country.

183 Subparagraph 160A(1)(a)(iii) of the Code set out in the

Schedule

Repeal the subparagraph.

184 Paragraph 160A(1)(c) of the Code set out in the Schedule

Omit "an appropriate person", substitute "the applicant".

185 Subsection 160A(2) of the Code set out in the Schedule

Omit "appropriate person", substitute "applicant".

186 Subsection 160A(2) of the Code set out in the Schedule

Omit "practicable after the person", substitute "the applicant".

187 Subsection 160A(3) of the Code set out in the Schedule

Repeal the subsection.

188 Paragraphs 160A(4)(a) to (d) of the Code set out in the

Schedule

Repeal the paragraphs, substitute:

(a) contradicts any information that:

(i) was given to the APVMA by the applicant in an

application mentioned in paragraph (1)(a); and

(ii) relates to particulars prescribed by the regulations for

the purposes of paragraph 19(1)(c) or 20(1)(c); or

(b) shows that the constituent or product may not meet the safety

criteria, the trade criteria or the efficacy criteria.

189 Subsection 160A(7) of the Code set out in the Schedule

Omit "that a person has to give", substitute "given".

190 Subsection 160A(7) of the Code set out in the Schedule

Omit "an approved person", substitute "the applicant".

Approvals, registrations, permits and licences Schedule 1

Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. , 2012

191 At the end of subsection 160A(7) of the Code set out in

the Schedule

Add:

Note:

For giving information electronically, see section 156A.

192 Paragraph 161(1)(a) of the Code set out in the Schedule

Repeal the paragraph, substitute:

(a) the holder of the approval of an active constituent for a

proposed or existing chemical product or the registration of a

chemical product; or

193 Subsection 161(1) of the Code set out in the Schedule

Omit "person must, as soon as practicable after the person", substitute

"holder must, as soon as the holder".

194 Paragraphs 161(2)(a) to (d) of the Code set out in the

Schedule

Repeal the paragraphs, substitute:

(a) contradicts any information entered in the Record, Register

or Record of Permits for the constituent or product; or

(b) shows that the constituent or product may not meet the safety

criteria, the trade criteria or the efficacy criteria.

195 Subsection 161(3) of the Code set out in the Schedule

Omit "that a person has to give", substitute "given".

196 Subsection 161(3) of the Code set out in the Schedule

Omit "an approved person", substitute "the holder".

197 At the end of subsection 161(3) of the Code set out in the

Schedule

Add:

Note:

For giving information electronically, see section 156A.

198 Subparagraph 162(3)(a)(i) of the Code set out in the

Schedule

Omit "assessment", substitute "evaluation".

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78 Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. ,

2012

199 Subparagraph 162(3)(b)(i) of the Code set out in the

Schedule

Omit "or listed registration".

200 Subparagraph 162(3)(b)(i) of the Code set out in the

Schedule

Omit "assessment", substitute "evaluation".

201 Subparagraph 162(3)(b)(ii) of the Code set out in the

Schedule

Omit "or of the listed registration of the product under Division 6 of

Part 2A".

202 Subparagraph 162(3)(c)(ii) of the Code set out in the

Schedule

Omit "interested person in relation to the constituent or product",

substitute "applicant or holder concerned".

203 Paragraph 162(3)(d) of the Code set out in the Schedule

Omit "interested person in relation to the constituent or product",

substitute "applicant or holder concerned".

204 Subsection 162(4) of the Code set out in the Schedule

Omit "interested person" (first occurring), substitute "applicant or

holder concerned".

205 Paragraph 162(4)(a) of the Code set out in the Schedule

Omit "interested person", substitute "applicant or holder".

206 Subsection 162(5) of the Code set out in the Schedule

Repeal the subsection.

207 Section 163 of the Code set out in the Schedule

(heading)

Repeal the heading, substitute:

Approvals, registrations, permits and licences Schedule 1

Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. , 2012

163 Notice to the applicant or holder of proposed disclosure of

information that is claimed to be confidential commercial

information

208 Subsection 163(1) of the Code set out in the Schedule

Omit "(1)".

209 Paragraph 163(1)(b) of the Code set out in the Schedule

Omit "interested person in relation to the constituent, product or label",

substitute "applicant or holder concerned".

210 Paragraph 163(1)(d) of the Code set out in the Schedule

Omit "interested person", substitute "applicant or holder".

211 Subsection 163(2) of the Code set out in the Schedule

Repeal the subsection.

212 Subsection 164(10) of the Code set out in the Schedule

Repeal the subsection.

213 Paragraph 165(2)(a) of the Code set out in the Schedule

Repeal the paragraph, substitute:

(a) if the application is for re-approval of an active constituent or

re-registration of a chemical product:

(i) any period beginning on the day when the APVMA

makes a requirement of the applicant in connection with

the application and ending on the day when the

requirement is complied with; or

(ii) any period during which the approval or registration

concerned is being reconsidered as required by

subsection 29H(1); and

214 Paragraph 165(2)(b) of the Code set out in the Schedule

Omit "caused to be".

215 Paragraph 165(2)(c) of the Code set out in the Schedule

Omit "caused such a notice to be published", substitute "published such

a notice".

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80 Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. ,

2012

216 At the end of subsection 165(2) of the Code set out in the

Schedule

Add:

; and (d) if the APVMA has given written notice to an applicant under

subsection 8S(1)--the 28 day period after the notice is given,

or such further period as is specified in the notice, within

which submissions may be made.

217 At the end of section 165 of the Code set out in the

Schedule

Add:

(3) If, at the end of the period referred to in subsection (1), the

application has not been determined, the applicant may give the

APVMA written notice that the applicant wishes to treat the

application as having been refused.

(4) The notice may be given at any time after the end of the period

referred to in subsection (1) and before the application is

determined.

(5) If the notice is given, this Code has effect as if:

(a) the APVMA had refused the application; and

(b) the APVMA had confirmed the refusal under section 166;

and

made on the day on which notice was given to the APVMA

under subsection (3).

218 After section 165 of the Code set out in the Schedule

Insert:

165A Period within which APVMA is to conclude reconsiderations

under Division 4 of Part 2

(1) If the APVMA reconsiders an approval or registration under

Division 4 of Part 2, the APVMA must conclude the

reconsideration within a period stated in, or determined in

accordance with, the regulations.

Approvals, registrations, permits and licences Schedule 1

Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. , 2012

(2) The APVMA may make a legislative instrument setting out criteria

for working out which period stated in, or determined in

accordance with, the regulations applies in a particular case.

(3) In working out the period within which the reconsideration is to be

concluded, no regard is to be had to:

(a) the period, stated in the notice given to the holder under

subsection 32(1), within which information must be given

and submissions may be made; and

(b) if the APVMA has given written notice to the holder under

subsection 33(1)--the period stated in the notice within

which any information, report, results or sample must be

given to the APVMA.

219 Section 166 of the Code set out in the Schedule

(heading)

Repeal the heading, substitute:

166 Internal review of decisions

220 Paragraph 166(1)(a) of the Code set out in the Schedule

Omit "other than this section".

221 Paragraph 166(1)(b) of the Code set out in the Schedule

Repeal the paragraph, substitute:

(b) the original decision is:

(i) a decision that is reviewable by the Administrative

Appeals Tribunal (see section 167), other than a

decision under subsection 29G(1), 34A(1) or 34AA(1)

or (2); or

(ii) a decision under subsection 14(2), 26C(2), 29(2) or

29E(3) based only on requirements set out in paragraph

8A(a) or (b); or

(iii) a decision under subsection 112(3) based only on

requirements set out in paragraph 8A(a) or (b) or a

requirement made by the APVMA under subparagraph

111(1)(b)(iii).

222 Subsection 166(3) of the Code set out in the Schedule

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82 Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. ,

2012

Omit "decision and", substitute "decision having regard only to the

information used to make it, and must".

223 Subsection 166(6) of the Code set out in the Schedule

Repeal the subsection.

224 Section 167 of the Code set out in the Schedule

(heading)

Repeal the heading, substitute:

167 Review of decisions by Administrative Appeals Tribunal

225 Paragraphs 167(1)(aa) to (e) of the Code set out in the

Schedule

Repeal the paragraphs, substitute:

(a) a decision under subsection 14(1) to approve or register a

constituent, product or label:

(i) with an instruction or relevant particular other than an

instruction or particular set out in the application for the

approval or registration; or

(ii) subject to particular conditions;

(b) a decision under subsection 14(2) to refuse an application for

approval or registration, other than a decision based only on

requirements set out in paragraph 8A(a) or (b);

vary relevant particulars, other than a decision based only on

requirements set out in paragraph 8A(a) or (b);

(d) a decision under subsection 29(2) to refuse an application to

vary relevant particulars or conditions, other than a decision

based only on requirements set out in paragraph 8A(a) or (b);

(da) a decision under subsection 29D(3) to refuse to accept a late

application;

(db) a decision under subsection 29G(1) to vary relevant

particulars or conditions;

(e) a decision under subsection 34A(1) or 34AF(3) to vary

relevant particulars or conditions;

226 Paragraph 167(1)(ea) of the Code set out in the Schedule

Omit "34D(3)", substitute "34J(3)".

Approvals, registrations, permits and licences Schedule 1

Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. , 2012

227 Paragraph 167(1)(ea) of the Code set out in the Schedule

Omit "34C", substitute "34G".

228 Paragraph 167(1)(ea) of the Code set out in the Schedule

Omit all the words from and including "substantive decision)",

substitute "substantive decision);".

229 Paragraph 167(1)(f) of the Code set out in the Schedule

After "under", insert "section 34AA or".

230 Paragraphs 167(1)(fa) to (ff) of the Code set out in the

Schedule

Repeal the paragraphs.

231 Paragraph 167(1)(g) of the Code set out in the Schedule

Omit "or 56ZL(3)".

232 At the end of paragraph 167(1)(l) of the Code set out in

the Schedule

Add ", other than a decision based only on requirements set out in

paragraph 8A(a) or (b) or a requirement made by the APVMA under

subparagraph 111(1)(b)(iii)".

233 Paragraphs 167(1)(o) and (p) of the Code set out in the

Schedule

Repeal the paragraphs, substitute:

(o) a decision under section 118, 119, 119A or 119B to suspend

or cancel a permit;

234 Paragraph 167(1)(u) of the Code set out in the Schedule

Repeal the paragraph.

235 Paragraph 167(1)(v) of the Code set out in the Schedule

Omit "interested person", substitute "applicant or holder".

236 Subsection 167(2) of the Code set out in the Schedule

Repeal the subsection.

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84 Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. ,

2012

237 Subsection 167(2A) of the Code set out in the Schedule

Omit "34E", substitute "34K".

238 Subsection 167(2A) of the Code set out in the Schedule

Omit "to public health or occupational health or safety", substitute "to

persons of death, serious injury or serious illness".

239 Subparagraph 178(1)(a)(ii) of the Code set out in the

Schedule

Omit "of Chemical Products".

240 Paragraphs 180(c) and (ca) of the Code set out in the

Schedule

Omit "32(2)", substitute "32(1)".

241 Paragraph 184(a) of the Code set out in the Schedule

Repeal the paragraph.

242 After paragraph 184(b) of the Code set out in the

Schedule

Insert:

; and (c) the person had not complied with the notice before that

commencement;

243 Section 184 of the Code set out in the Schedule

Omit "and the person had not complied with the notice before that

commencement,".

Re-approvals and re-registrations Schedule 2

Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. , 2012

Schedule 2--Re-approvals and

re-registrations

Agricultural and Veterinary Chemicals Code Act 1994

1 Subsection 3(1) of the Code set out in the Schedule

(definition of approval)

Repeal the definition, substitute:

approval means approval under Part 2 of:

(a) an active constituent for a proposed or existing chemical

product; or

(b) a label for containers for a chemical product;

and, in relation to an active constituent, other than in Division 2 of

Part 2 and Part 3, includes re-approval.

2 Subsection 3(1) of the Code set out in the Schedule

Insert:

re-approval means re-approval of an active constituent under

Division 3A of Part 2.

3 Subsection 3(1) of the Code set out in the Schedule

(definition of registration)

Repeal the definition, substitute:

registration means registration under Part 2 of a chemical product

and, other than in Division 2 of Part 2 and Part 3, includes

re-registration.

4 Subsection 3(1) of the Code set out in the Schedule

Insert:

re-registration means re-registration of a chemical product under

Division 3A of Part 2.

5 After Division 3 of Part 2 of the Code set out in the

Schedule

Insert:

Schedule 2 Re-approvals and re-registrations

86 Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. ,

2012

Division 3A--Re-approving and re-registering

29C Explanation of Division

(1) This Division provides for re-approval and re-registration of active

constituents and chemical products.

(2) Section 29D provides for holders of approvals and registrations to

make applications, and sets out the time for making applications.

Applications must meet the application requirements specified in

section 8A.

(3) The APVMA must complete a preliminary assessment of an

application. If the application passes preliminary assessment, the

APVMA must notify the applicant (section 29E).

(4) Section 29F sets out the circumstances in which the APVMA must

re-approve or re-register an active constituent or chemical product.

(5) The APVMA may vary relevant particulars or conditions to allow

re-approval or re-registration (section 29G).

(6) If the APVMA does not re-approve or re-register an active

constituent or chemical product, it must reconsider the existing

approval or registration under Division 4 (section 29H).

(7) Sections 29J and 29K set out how re-approval and re-registration

take place.

29D Applications

(1) The holder of the approval of an active constituent or the

registration of a chemical product may apply for re-approval or

re-registration of the constituent or product.

(2) The application must:

(a) meet the application requirements; and

(b)

made:

(i) for re-approval--not earlier than 6 calendar months, and

not later than 3 calendar months, before the date entered

in the Record as the date the approval ends; or

(ii) for re-registration--not earlier than 6 calendar months,

and not later than 3 calendar months, before the date

Re-approvals and re-registrations Schedule 2

Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. , 2012

entered in the Register as the date after which the

registration cannot be renewed under Division 6; or

(iii) within such further period as the APVMA allows under

subsection (3).

Note: For

meets the application requirements, see section 8A.

(3) In circumstances prescribed by the regulations and upon payment

of the prescribed fee (if any), the APVMA may accept a late

application if the application is made on or before:

(a) for re-approval--the day the approval ends; or

(b) for re-registration--the day after which the registration

cannot be renewed under Division 6.

(4) Subsection (1) has effect subject to any condition imposed on the

approval or registration under subsection 23(2).

Note:

Subsection 23(2) provides for an approval or registration to last for not

more than one year.

29E Preliminary assessment

(1) The APVMA must complete a preliminary assessment of the

application within 2 months after it is lodged.

(2) If it appears from the preliminary assessment that the application

meets the application requirements, the APVMA must, within 14

days, give written notice to the applicant:

(a) stating that the application has passed preliminary assessment

and that it will be determined under section 29F; and

(b) setting out any matters prescribed by the regulations.

(3) Otherwise, the APVMA must refuse the application.

Note:

For notice of refusal, see section 8G.

(4) The APVMA may alter the application, after it has passed

preliminary assessment, with the written consent of the applicant.

29F Re-approval or re-registration

(1) If the application is for re-approval of an active constituent, the

APVMA must re-approve the constituent unless it appears to the

APVMA that there are reasonable grounds to believe that the

constituent does not meet the safety criteria.

Schedule 2 Re-approvals and re-registrations

88 Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. ,

2012

Note:

For notice of re-approval, see section 8F.

(2) If the application is for re-registration of a chemical product, the

APVMA must re-register the product unless it appears to the

APVMA that there are reasonable grounds to believe that the

product does not do one or more of the following:

(a) meet the safety criteria;

(b) meet the trade criteria;

Note:

For notice of re-registration, see section 8F.

(3) For the purposes of subsections (1) and (2), the APVMA must have

regard to any submission given in response to a notice in relation to

the constituent or product under section 47B (advance notice of

end of approval or registration).

29G Varying relevant particulars and conditions to allow

re-approval or re-registration

(1) To allow the re-approval or re-registration, the APVMA may:

(a) vary the relevant particulars or conditions of the approval or

registration; or

(b) for a chemical product--vary the relevant particulars or

conditions of the approval of any label for the product.

Note:

The APVMA may only vary relevant particulars or conditions that it

has imposed. See section 6B.

(2) If the variation would affect any instructions for the use of the

active constituent or chemical product, or any instructions on a

label, the APVMA must not make the variation until it has

consulted each co-ordinator designated for a jurisdiction and taken

into account any recommendations made by the co-ordinators.

(3) If the APVMA decides to vary the relevant particulars or

conditions, it must record in the Record, Register or relevant

APVMA file, as required, the relevant particulars or conditions as

varied and the date on which the variation is made.

(4) If the relevant particulars or conditions of the registration of a

listed chemical product are varied in such a way that the product

and every label for the product comply with the established

standard for the product, the APVMA must remove from the

Re-approvals and re-registrations Schedule 2

Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. , 2012

be renewed under Division 6.

29H Reconsideration if APVMA does not re-approve or re-register

(1) If the APVMA does not re-approve or re-register the active

constituent or chemical product it must:

(a) reconsider the existing approval or registration under

Division 4; and

(b) give written notice of the reconsideration to the holder within

14 days.

(2) The notice must:

(a) set out the reasons for the reconsideration; and

(b)

state

that:

(i) for an approval--the approval will not end until the

reconsideration has been concluded; or

(ii) for a registration--the date after which the registration

cannot be renewed under Division 6 will be the day on

which the reconsideration is concluded; and

reconsideration, the active constituent or chemical product

will be re-approved or re-registered.

(3) The notice may be included with the notice in relation to the

reconsideration given under subsection 32(1).

29J How re-approval takes place

(1) Re-approval of an active constituent takes place when the APVMA

records the following in the Record:

(a) a statement that the constituent has been re-approved and the

date of the re-approval;

(b) the date the approval (as re-approved) ends.

(2) The date the approval ends must:

(a) be worked out in accordance with the method prescribed by

the regulations; and

(b) be the last day of a calendar month at least 7 years but not

more than 15 years after the re-approval takes place.

Schedule 2 Re-approvals and re-registrations

90 Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. ,

2012

(3) Despite subsection (2), the APVMA may re-approve the active

constituent for a period of less than 7 years to provide for the

approval to end at the same time as another approval of the active

constituent.

(4) Paragraph (2)(b) does not apply if the approval is subject to the

condition that it remains in force only for a stated period of not

more than 1 year (see subsection 23(2)).

29K How re-registration takes place

(1) Re-registration of a chemical product takes place when the

APVMA records the following in the Register:

(a) a statement that the product has been re-registered and the

date of the re-registration;

(b) the date the registration (as re-registered) ends, which must

be the last day of a calendar month not more than 12 months

after the re-registration takes place;

the established standard for the product--the date (the last

renewal date) after which the registration cannot be renewed

under Division 6.

(2) The last renewal date must:

(a) be worked out in accordance with the method prescribed by

the regulations; and

(b) be the last day of a calendar month at least 7 years but not

more than 15 years after the re-registration takes place.

(3) However, the last renewal date may be less than 7 years after the

re-registration takes place to provide for the last renewal date to be

the same as the last renewal date for another chemical product that

contains one or more of the same active constituents.

(4) Paragraph (2)(b) does not apply if the registration is subject to the

condition that it remains in force only for a stated period of not

more than 1 year (see subsection 23(2)).

6 Division 6 of Part 2 of the Code set out in the Schedule

(heading)

Repeal the heading, substitute:

Re-approvals and re-registrations Schedule 2

Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. , 2012

Division 6--Duration of approvals and registrations and

renewal of registrations

7 Section 47 of the Code set out in the Schedule

Repeal the section, substitute:

Subdivision A--Preliminary

46A Explanation of Division

(1) This Division deals with the duration of approvals and

registrations, and with renewing registrations.

(2) Section 47 sets out the periods for which approvals and

registrations are in force.

(3) Section 47A provides for the APVMA to vary the duration of the

approval of an active constituent or the registration of a chemical

product containing an active constituent if 2 or more foreign

regulators have prohibited the use of the active constituent on

safety grounds.

(4) The APVMA must publish at least 12 months' advance notice of:

(a) the end of an approval; and

(b) the date after which a registration cannot be renewed

(section 47B).

The APVMA may give less than 12 months' notice if it varied the

date under section 47A.

(5) The APVMA must publish notice of the end of an approval or

registration as soon as practicable after the approval or registration

has ended (section 47C).

(6) If the APVMA publishes notice of the end of the approval or

registration of a constituent or a product under section 47C, then:

(a) certain persons are taken to have a permit to possess, have

custody of or use of the constituent or product for a limited

period (section 47D); and

(b) persons may only supply the constituent or product in

accordance with instructions contained in the notice

(section 47E).

Schedule 2 Re-approvals and re-registrations

92 Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. ,

2012

(7) Section 48 provides for applications for renewal of a registration.

(8) The APVMA must renew the registration if the application

requirements are met (section 49).

(9) Renewal takes place by entry in the Register (section 50).

(10) The approval of a label for a container for a chemical product is

automatically renewed when the registration of the product is

renewed (section 51).

Subdivision B--Period of approval or registration

47 Period of approval or registration

(1) The approval of an active constituent ends on the later of the

following days:

(a) the day entered in the Record as the date the approval ends;

(b) if an application is made for re-approval of the active

constituent but is not determined by the day entered in the

Record--the day on which the application is determined.

(2) The registration of a chemical product ends on the later of the

following days:

(a) the day entered in the Register as the date the registration

ends;

(b) if an application is made for renewal of the registration but is

not determined by the day entered in the Register--the day

on which the application is determined.

(3) The registration of a chemical product also ends if the approval of

an active constituent for the product ends.

(4) The approval of a label for containers for a chemical product ends

when the registration of the product ends.

(5)

If:

(a) the registration of a chemical product ends; but

(b) a person is taken under section 47D to have been issued with

a permit to possess, have custody of or use the product;

the approval of a label for containers for the product continues in

force until the permit ceases to have effect.

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(6) To avoid doubt, this section does not limit any power under this

Code to cancel or suspend an approval or registration.

47A Varying duration--decisions of foreign regulators

(1) This section applies if:

(a) regulators of agricultural or veterinary chemicals of 2 or

more foreign countries, being regulators who are prescribed

by the regulations, have decided, within a 7 year period, to

prohibit all uses of:

(i) the same active constituent; or

(ii) one or more chemical products containing the same

active constituent; and

(b) the uses were prohibited because the active constituent:

(i) was an undue hazard to the safety of people exposed to

it during its handling or people using anything

containing its residues; or

(ii) was likely to have an effect that is harmful to human

beings; or

(iii) was likely to have an unintended effect that is harmful

to animals, plants or things or to the environment; and

(i) approved under this Code, but not approved or

re-approved after the first of those decisions; or

(ii) contained in a chemical product that is registered under

this Code, but not registered or re-registered after the

first of those decisions; and

(d) the approval or registration is not being reconsidered under

Division 4.

(2) The APVMA must vary the following as necessary to meet the

requirement in subsection (3):

(a) the date (the end date) entered in the Record or Register as

the day the approval or registration ends;

(b) for a chemical product for which there is a date entered in the

cannot be renewed under Division 6--that date (the last

renewal date).

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94 Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. ,

2012

(3) The end date and last renewal date (if applicable) must be the last

day of a calendar month in the period that begins 6 months and

ends 18 months after the second of those decisions was made.

(4) Neither the end date nor the last renewal date may be varied again

under this section.

(5) If the end date or last renewal date is varied, the holder must be

given written notice of the date as varied at least 6 months before it

occurs.

(6) This section does not apply to extend:

(a) the duration of the approval or registration; or

(b) the period before the day after which the registration cannot

be renewed.

Subdivision C--Notifying end of approvals and registrations

47B Advance notice of end of approval or registration

(1) The APVMA must publish in the Gazette at least 12 months'

notice of the following:

(a) the end of the approval of an active constituent;

(b) the date after which the registration of a chemical product

cannot be renewed under this Division.

(2) The notice must:

(a) invite submissions about whether or not:

(i) the constituent should be re-approved; or

(ii) the product should be re-registered; and

(b) specify the time by which the submissions must be given to

the APVMA, which must be no later than 6 months before

the existing approval or registration ends.

(3) The APVMA must give the holder at least 12 months' notice of:

(a) the end of the approval of an active constituent; and

(b) the date after which the registration of a chemical product

cannot be renewed under this Division.

(4) The notice must:

(a) set out the relevant particulars and conditions of the approval

or registration; and

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(b)

state:

(i) the date the approval ends; or

(ii) the date after which the registration cannot be renewed

under this Division; and

(5) The APVMA may give less than 12 months' notice if, under

section 47A, the APVMA varied:

(a) the date the approval or registration ends; or

(b) the date after which the registration cannot be renewed under

this Division.

47C Notice of end of approval or registration

(1) The APVMA must publish in the Gazette, and in any other manner

that it thinks appropriate, notice of the following:

(a) the end of the approval of an active constituent;

(b) the end of the registration of a chemical product.

(2) The notice must:

(a) be published as soon as practicable after the approval or

registration ends; and

(b) state that the approval or registration has ended; and

and

(d) contain instructions for possessing, having custody of or

using the constituent or product; and

(e) contain a warning of the consequences if a person fails to

comply with the instructions, including a statement of any

period after which it will be an offence against this Code to

supply the constituent or product or to possess or have

custody of the constituent or product with the intention of

supplying it; and

(f) contain any other warnings or explanations in relation to the

constituent or product that the APVMA thinks desirable; and

(g) contain any other information that the APVMA thinks

appropriate.

(3) Subsection (1) does not apply if the APVMA thinks that, in the

circumstances, it is unnecessary to publish the notice.

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96 Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. ,

2012

(4) If a notice is published under this section, the APVMA must:

(a) as soon as practicable cause a copy of the notice to be given

to the holder; and

(b) cause a copy of the notice to be given to any other person

who, in the opinion of the APVMA, should be given notice

of the ending of the approval or registration and of the

instructions, warnings and explanations contained in the

notice.

47D Permit taken to have been issued

(1) If, after the publication of a notice under section 47C, a person

possesses, has custody of or uses the constituent or product in

accordance with the instructions contained in the notice, the person

is taken to have been issued with a permit to possess, have custody

of or use the constituent or product in accordance with those

instructions until:

(a) 1 year after the day on which the approval or registration

ended; or

(b) the APVMA, by notice published in the Gazette, declares that

this subsection ceases to apply in respect of the constituent or

product;

whichever first occurs.

(2) A permit that is taken to have been issued to a person under

subsection (1) does not authorise the person to manufacture or

import the constituent or product.

47E Possession or custody with intention of supply

(1) This section applies if, after the publication of a notice under

section 47C, a person has possession or custody of the constituent

or product with the intention of supplying it.

(2) The person must not possess, have custody of or otherwise deal

with the constituent or product except in accordance with the

instructions contained in the notice.

(3) Subsection (2) does not apply to a possession, custody or dealing if

the constituent or product was approved or registered when the

possession, custody or dealing took place because of its having

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Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. , 2012

been approved or registered or having become reserved after its

previous approval or registration ended.

(4) A person commits an offence if the person contravenes

subsection (2).

Penalty: 300 penalty units.

Note:

A defendant bears an evidential burden in relation to the matter in

subsection (3). See subsection 13.3(3) of the Criminal Code.

(5) For the purposes of subsection (4), strict liability applies to the

physical element of circumstance in subsection (1), that the

publishing of the notice was under section 47C.

Note:

For strict liability, see section 6.1 of the Criminal Code.

(6) Subsection (2) is a civil penalty provision.

Note 1:

Division 2 of Part 9A provides for pecuniary penalties for

contraventions of civil penalty provisions.

Note 2:

For the evidential burden in civil penalty proceedings in relation to the

matter in subsection (3), see section 145CD.

Subdivision D--Renewing registrations

8 Section 48 of the Code set out in the Schedule (heading)

Repeal the heading, substitute:

48 Applications

9 Subsection 48(1) of the Code set out in the Schedule

Omit "interested person", substitute "holder".

10 Subsection 48(2) of the Code set out in the Schedule

Repeal the subsection, substitute:

(2) The application (the renewal application) must be made:

(a) subject to subsection (3), not later than one month, or a

shorter period that the APVMA permits, before the

registration ends; and

(b) before the day entered in the Register as the day after which

the registration cannot be renewed under this Division.

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98 Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. ,

2012

11 At the end of section 48 of the Code set out in the

Schedule

Add:

(4) If an application (the re-registration application):

(a) has been made for re-registration of the chemical product; but

(b) has not been determined before the day by which the renewal

application must be made;

the day entered in the Register as the day after which the

registration cannot be renewed under this Division is taken to be

the day on which the re-registration application is determined.

(5) The APVMA may alter the renewal application with the written

consent of the holder.

(6) Subsection (1) has effect subject to any condition imposed on the

registration under subsection 23(2).

Note:

Subsection 23(2) provides for an approval or registration to last for not

more than one year.

12 Sections 49 and 50 of the Code set out in the Schedule

Repeal the sections, substitute:

49 Renewal of registration

(1) If the APVMA is satisfied that the renewal application meets the

application requirements, the APVMA must renew the registration:

(a) if the application was made in accordance with subsection

48(2)--before the day entered in the Register as the day the

registration ends; or

(b) if the application was made in accordance with subsection

48(3)--within 1 month after the application was made.

Note:

For notice of renewal, see section 8F.

(2) Otherwise, the APVMA must refuse the application.

Note:

For notice of refusal, see section 8G.

50 How renewal takes place

Renewal of the registration of a chemical product takes place when

the APVMA enters in the Register a statement that the registration

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100 Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. ,

2012

Schedule 3--Enforcement

Agricultural and Veterinary Chemical Products (Collection

of Levy) Act 1994

1 Subsection 3(1)

Insert:

civil penalty order has the same meaning as in the Agricultural and

Veterinary Chemicals (Administration) Act 1992.

2 Subsection 3(1)

Insert:

civil penalty provision means a provision declared by this Act to

be a civil penalty provision.

3 Subsection 3(1) (definition of occupier)

Repeal the definition.

4 Subsection 3(1) (definition of premises)

Repeal the definition.

5 Subsection 15(2) (penalty)

Repeal the penalty.

6 After subsection 15(2)

Insert:

(2AA) A person commits an offence of strict liability if the person

contravenes subsection (2).

Penalty: 50 penalty units.

Note:

For strict liability, see section 6.1 of the Criminal Code.

7 Subsection 15(2A)

Omit "Subsection (2)", substitute "Subsection (2AA)".

8 Subsection 15(2B)

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101

Repeal the subsection, substitute:

(2B) Subsection (2) is a civil penalty provision.

Note 1:

For monitoring and investigation powers of inspectors in relation to

this Act, see Part 7AA of the Agricultural and Veterinary Chemicals

(Administration) Act 1992.

Note 2:

Division 1 of Part 7AB of the Agricultural and Veterinary Chemicals

(Administration) Act 1992 provides for pecuniary penalties for

contraventions of civil penalty provisions.

Note 3:

For infringement notices, enforceable undertakings and formal

warnings in relation to contraventions of this provision, see

Divisions 2, 3 and 6 of Part 7AB of the Agricultural and Veterinary

Chemicals (Administration) Act 1992.

9 Subsection 20(3) (penalty)

Repeal the penalty.

10 After subsection 20(3)

Insert:

(3A) A person commits an offence of strict liability if the person

contravenes subsection (3).

Penalty: 50 penalty units.

Note:

For strict liability, see section 6.1 of the Criminal Code.

11 Subsection 20(4)

Omit "Subsection (3)", substitute "Subsection (3A)".

12 Subsection 20(5)

Repeal the subsection, substitute:

(5) Subsection (3) is a civil penalty provision.

Note 1:

For monitoring and investigation powers of inspectors in relation to

this Act, see Part 7AA of the Agricultural and Veterinary Chemicals

(Administration) Act 1992.

Note 2:

Division 1 of Part 7AB of the Agricultural and Veterinary Chemicals

(Administration) Act 1992 provides for pecuniary penalties for

contraventions of civil penalty provisions.

Note 3:

For infringement notices, enforceable undertakings and formal

warnings in relation to contraventions of this provision, see

Divisions 2, 3 and 6 of Part 7AB of the Agricultural and Veterinary

Chemicals (Administration) Act 1992.

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102 Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. ,

2012

13 Sections 21 to 32

Repeal the sections.

14 Section 34

Repeal the section, substitute:

34 Self-incrimination etc.

(1) A person is not excused from:

(a) giving information; or

(b) producing a document or thing; or

under this Act on the ground that doing so might tend to

incriminate the person or expose the person to a penalty.

(2) However, in the case of an individual, none of the following:

(a) the information or answer given;

(b) the document or thing produced;

of the document or thing;

(d) any information, document or thing obtained as a direct or

indirect consequence of giving the information or answer, or

producing the document or thing;

is admissible in evidence against the individual in:

(e) criminal proceedings, other than:

(i) proceedings for an offence against section 137.1 or

137.2 of the Criminal Code (which deal with false or

misleading information or documents) that relates to

this Act; or

(ii) proceedings for an offence against section 149.1 of the

Criminal Code (which deals with obstruction of

Commonwealth public officials) that relates to this Act;

(f) civil proceedings for a contravention of a civil penalty

provision.

15 Section 35

Repeal the section.

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103

16 Subsection 36(1) (penalty)

Repeal the penalty.

17 Subsection 36(2)

Repeal the subsection, substitute:

(2) A person commits an offence of strict liability if the person

contravenes subsection (1).

Penalty: 50 penalty units.

Note:

For strict liability, see section 6.1 of the Criminal Code.

(3) Subsection (1) is a civil penalty provision.

Note 1:

For monitoring and investigation powers of inspectors in relation to

this Act, see Part 7AA of the Agricultural and Veterinary Chemicals

(Administration) Act 1992.

Note 2:

Division 1 of Part 7AB of the Agricultural and Veterinary Chemicals

(Administration) Act 1992 provides for pecuniary penalties for

contraventions of civil penalty provisions.

Note 3:

For infringement notices, enforceable undertakings and formal

warnings in relation to contraventions of this provision, see

Divisions 2, 3 and 6 of Part 7AB of the Agricultural and Veterinary

Chemicals (Administration) Act 1992.

Agricultural and Veterinary Chemicals (Administration) Act

1992

18 Section 4

Insert:

civil penalty order has the meaning given by subsection 69EJ(4).

19 Section 4

Insert:

civil penalty provision means a provision declared by this Act or

the Collection Act to be a civil penalty provision.

20 Section 4

Insert:

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104 Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. ,

2012

Collection Act means the Agricultural and Veterinary Chemical

Products (Collection of Levy) Act 1994.

21 Section 4

Insert:

confidential commercial information has the same meaning as in

the Code set out in the Schedule to the Agricultural and Veterinary

Chemicals Code Act 1994.

22 Section 4

Insert:

copy, in relation to a warrant issued under section 69EH or 69EHA

(or a form of warrant completed under subsection 69EHB(6)),

includes:

(a) a copy sent by fax or other electronic means; or

(b) a copy of a copy so sent.

23 Section 4

Insert:

damage has the same meaning as in the Code set out in the

Schedule to the Agricultural and Veterinary Chemicals Code Act

1994.

24 Section 4

Insert:

data has the same meaning as in the Code set out in the Schedule

to the Agricultural and Veterinary Chemicals Code Act 1994.

25 Section 4

Insert:

evidential burden, in relation to a matter, means the burden of

adducing or pointing to evidence that suggests a reasonable

possibility that the matter exists or does not exist.

26 Section 4

Insert:

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105

evidential material means any of the following:

(a) a thing with respect to which an offence against this Act or

the Collection Act has been committed or is suspected, on

reasonable grounds, to have been committed;

(b) a thing with respect to which a civil penalty provision has

been contravened or is suspected, on reasonable grounds, to

have been contravened;

afford evidence as to the commission of such an offence or

contravention of such a civil penalty provision;

(d) a thing that there are reasonable grounds for suspecting is

intended to be used for the purpose of committing such an

offence or contravening such a civil penalty provision.

27 Section 4

Insert:

executive officer of a body corporate means a person, by whatever

name called and whether or not a director of the body, who is

concerned in, or takes part in, the management of the body.

28 Section 4

Insert:

investigation powers has the meaning given by sections 69EBA,

69EBB and 69EBC.

29 Section 4

Insert:

investigation warrant means:

(a) a warrant issued under section 69EHA; or

(b) a warrant signed by a magistrate under section 69EHB, being

a warrant of the same kind as would have been issued under

section 69EHA.

30 Section 4

Insert:

monitoring powers has the meaning given by sections 69EAC,

69EAD and 69EAE.

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31 Section 4

Insert:

monitoring warrant means:

(a) a warrant issued under section 69EH; or

(b) a warrant signed by a magistrate under section 69EHB, being

a warrant of the same kind as would have been issued under

section 69EH.

32 Section 4

Insert:

occupier has the same meaning as in the Code set out in the

Schedule to the Agricultural and Veterinary Chemicals Code Act

1994.

33 Section 4

Insert:

person assisting an inspector:

(a) in relation to the exercise of monitoring powers--has the

meaning given by section 69EAF; and

(b) in relation to the exercise of investigation powers--has the

meaning given by section 69EBD.

34 Section 4

Insert:

premises has the same meaning as in the Code set out in the

Schedule to the Agricultural and Veterinary Chemicals Code Act

1994.

35 Section 4

Insert:

prescribed civil penalty provision means a civil penalty provision

that is prescribed by the regulations.

36 Section 4

Insert:

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107

relevant data means information relevant to determining whether:

(a) this Act, or the Collection Act, has been, or is being,

complied with; or

(b) information provided under this Act, or the Collection Act, is

correct; or

37 Section 4

Insert:

warrant means a monitoring warrant or an investigation warrant.

38 After subsection 11(1)

Insert:

(1A) The APVMA may only delegate its powers under section 130 or

section 131AA of the Code set out in the Schedule to the

Agricultural and Veterinary Chemicals Code Act 1994 to a

member of staff who is an SES, or acting SES, employee.

39 After paragraph 59(c)

Insert:

(ca) any amounts paid to the APVMA, on behalf of the

Commonwealth, under section 149A of the Agvet Codes;

40 After paragraph 61(2)(c)

Insert:

(ca) particulars of any exercise of powers under section 131AA of

the Code set out in the Schedule to the Agricultural and

Veterinary Chemicals Code Act 1994 during that year;

41 Subsection 69A(1)

Omit "(1)".

42 Subsection 69A(2)

Repeal the subsection.

43 Before section 69B

Insert:

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108 Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. ,

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Subdivision A--Importation

44 Subsection 69B(1) (penalty)

Repeal the penalty.

45 After subsection 69B(1)

Insert:

(1AA) A person commits an offence if the person contravenes

subsection (1).

Penalty: 300 penalty units.

46 Subsections 69B(1A) and (1B)

Omit "Subsection (1)", substitute "Subsection (1AA)".

47 Subsection 69B(1C)

Omit "In subparagraph (1)(a)(i), strict liability applies to the physical

element of circumstance", substitute "For the purposes of

subsection (1AA), strict liability applies to the physical element of

circumstance in subparagraph (1)(a)(i)".

48 Subsection 69B(1D)

Omit "In subparagraph (1)(a)(ii), strict liability applies to the physical

element of circumstance", substitute "For the purposes of

subsection (1AA), strict liability applies to the physical element of

circumstance in subparagraph (1)(a)(ii)".

49 After subsection 69B(1D)

Insert:

(1E) Subsection (1) is a civil penalty provision.

Note 1:

Part 7AB provides for pecuniary penalties for contraventions of civil

penalty provisions.

Note 2:

For the evidential burden in civil penalty proceedings in relation to the

matters in subsection (1B), see section 69EJP.

50 After subsection 69B(3)

Insert:

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109

(3A) A consent given under subsection (1B) may be subject to any

conditions that the APVMA thinks appropriate.

(3B) The APVMA may impose a condition, by writing, on a consent at

any time while the consent is in force.

51 Before section 69CA

Insert:

Subdivision B--Provision of information

52 Section 69CD (heading)

Repeal the heading, substitute:

69CD Contraventions relating to providing information under

sections 69CA and 69CB

53 After subsection 69CD(2)

Insert:

Civil penalty provision

(2A) A person contravenes this subsection if:

(a) the person is required to provide information under

section 69CA or 69CB; and

(b) the person fails to provide the information under that section.

(2B) Subsection (2A) is a civil penalty provision.

Note:

Part 7AB provides for pecuniary penalties for contraventions of civil

penalty provisions.

54 Before section 69C

Insert:

Subdivision C--Chemical products etc. subject to international

agreements

55 Before section 69D

Insert:

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Subdivision D--Exportation

56 Paragraph 69D(1A)(b)

Omit "brief particulars of".

57 After section 69D

Insert:

Subdivision E--Miscellaneous

58 Subsection 69E(1) (penalty)

Repeal the penalty.

59 Subsection 69E(2A)

Repeal the subsection, substitute:

(2A) A person commits an offence of strict liability if the person

contravenes subsection (1).

Penalty: 50 penalty units.

Note 1:

For strict liability, see section 6.1 of the Criminal Code.

Note 2:

A defendant bears an evidential burden in relation to the matter in

subsection (2). See subsection 13.3(3) of the Criminal Code.

(2B) Subsection (1) is a civil penalty provision.

Note 1:

Part 7AB provides for pecuniary penalties for contraventions of civil

penalty provisions.

Note 2:

For the evidential burden in civil penalty proceedings in relation to the

matters in subsection (2), see section 69EJP.

60 Subsection 69EA(1) (penalty)

Repeal the penalty.

61 After subsection 69EA(1)

Insert:

(1AA) A person commits an offence of strict liability if the person

contravenes subsection (1).

Penalty: 50 penalty units.

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111

Note:

For strict liability, see section 6.1 of the Criminal Code.

(1AB) Subsection (1) is a civil penalty provision.

Note:

Part 7AB provides for pecuniary penalties for contraventions of civil

penalty provisions.

62 Subsection 69EA(1A) (penalty)

Repeal the penalty.

63 Subsection 69EA(2)

Repeal the subsection, substitute:

(2) A person commits an offence of strict liability if the person

contravenes subsection (1A).

Penalty: 50 penalty units.

Note:

For strict liability, see section 6.1 of the Criminal Code.

(3) Subsection (1A) is a civil penalty provision.

Note:

Part 7AB provides for pecuniary penalties for contraventions of civil

penalty provisions.

64 Division 3 of Part 7A

Repeal the Division, substitute:

Part 7AA--Investigative powers

Division 1--Monitoring

Subdivision A--Monitoring powers etc.

69EAB Powers available to inspectors for monitoring compliance

(1) Subject to subsections (2) and (3), for the purpose of finding out

whether this Act or the Collection Act has been, or is being,

complied with, or of assessing the correctness of information

provided under this Act or the Collection Act, or of finding out

whether levy is payable under the Collection Act, an inspector

may:

(a) enter any premises; and

(b) exercise the monitoring powers.

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112 Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. ,

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(2) If premises mentioned in paragraph (1)(a) are a residence, an

inspector may only enter the premises if:

(a) the premises are used for commercial purposes in relation to

active constituents or chemical products, in addition to

residential purposes; and

(b) paragraph (3)(a) or (b) is satisfied.

(3) An inspector is not authorised to enter premises under

subsection (1) unless:

(a) the occupier of the premises has consented to the entry and

the inspector has shown his or her identity card if required by

the occupier; or

(b) the entry is made under a monitoring warrant.

Note:

If entry to the premises is with the occupier's consent, the inspector

must leave the premises if the consent ceases to have effect. See

section 69ED.

69EAC Monitoring powers--with consent or with warrant

(1) The following are the monitoring powers that an inspector may

exercise in relation to premises:

(a) the power to search the premises and any thing on the

premises;

(b) the power to examine or observe any activity conducted on

the premises;

conduct tests on any thing on the premises;

(d) the power to make any still or moving image or any

recording of the premises or any thing on the premises;

(e) the power to inspect any document on the premises;

(f) the power to take extracts from, or make copies of, any such

document;

(g) the power to take and keep samples of any thing on the

premises;

(h) the power to open any container at the premises for the

purpose of inspecting, or taking a sample of, its contents

provided that the container is resealed after the inspection is

made or the sample is taken;

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113

(i) the power to give directions for dealing with a container, or a

label on a container, that has been opened or sampled in

accordance with paragraph (h);

(j) the power to destroy or make harmless, or give directions for

the destruction or making harmless of, a chemical product at

the premises;

(k) the power to take onto the premises such equipment and

materials as the inspector requires for the purpose of

exercising powers in relation to the premises;

(l) the powers set out in subsections 69EAD(1) and (3) and

69EAE(1).

(2) A person who is given a direction under subsection (1) must

comply with the direction.

(3) A person commits an offence of strict liability if the person

contravenes subsection (2).

Penalty: 30 penalty units.

Note:

For strict liability, see section 6.1 of the Criminal Code.

(4) Subsection (2) is a civil penalty provision.

Note:

Part 7AB provides for pecuniary penalties for contraventions of civil

penalty provisions.

69EAD Operating electronic equipment

(1)

The

monitoring powers include the power to:

(a) operate electronic equipment on the premises; and

(b) use a disk, tape or other storage device that:

(i) is on the premises; and

(ii) can be used with the equipment or is associated with it.

(2) The monitoring powers include the powers mentioned in

subsection (3) if relevant data is found in the exercise of the power

under subsection (1).

(3) The powers are as follows:

(a) the power to operate electronic equipment on the premises to

put the relevant data in documentary form and remove the

documents so produced from the premises;

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(b) the power to operate electronic equipment on the premises to

transfer the relevant data to a disk, tape or other storage

device that:

(i) is brought to the premises for the exercise of the power;

(ii) is on the premises and the use of which for that purpose

has been agreed in writing by the occupier of the

premises;

and remove the disk, tape or other storage device from the

premises.

(4) An inspector may operate electronic equipment as mentioned in

subsection (1) or (3) only if the inspector believes on reasonable

grounds that the operation of the equipment can be carried out

without damage to the equipment.

Note:

For compensation for damage to electronic equipment, see

section 69EDE.

69EAE Securing evidence of the contravention of a related provision

(1)

The

monitoring powers include the power to secure a thing for a

period not exceeding 7 days if:

(a) the thing is found during the exercise of monitoring powers

on the premises; and

(b) an inspector believes on reasonable grounds that the thing

affords evidence of one or more of the following:

(i) the commission of an offence against this Act or the

Collection Act;

(ii) the contravention of a civil penalty provision;

(iii) an offence against the Crimes Act 1914 or the Criminal

Code that relates to this Act or the Collection Act; and

(i) it is necessary to secure the thing in order to prevent it

from being concealed, lost or destroyed before a warrant

to seize the thing is obtained; and

(ii) it is necessary to secure the thing without a warrant

because the circumstances are serious and urgent.

The thing may be secured by locking it up, placing a guard or any

other means.

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(2) If an inspector believes on reasonable grounds that the thing needs

to be secured for more than 7 days, the inspector may apply to a

magistrate for an extension of that period.

(3) The inspector must give notice to the occupier of the premises, or

another person who apparently represents the occupier, of his or

her intention to apply for an extension. The occupier or other

person is entitled to be heard in relation to that application.

(4) The provisions of this Part relating to the issue of monitoring

warrants apply, with such modifications as are necessary, to the

issue of an extension.

(5) The 7 day period may be extended more than once.

69EAF Persons assisting inspectors

Inspectors may be assisted by other persons

(1) When exercising monitoring powers, an inspector may be assisted

by other persons in exercising powers or performing functions or

duties under this Part, if that assistance is necessary and

reasonable. A person giving such assistance is a person assisting

the inspector.

Powers, functions and duties of a person assisting the inspector

(2) A person assisting the inspector:

(a) may enter the premises; and

(b) may exercise powers and perform functions and duties under

this Part for the purposes of assisting the inspector to

determine whether:

(i) this Act, or the Collection Act, has been, or is being,

complied with; or

(ii) information provided under this Act, or the Collection

Act, is correct; or

(iii) levy is payable under the Collection Act; and

assisting by the inspector.

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(3) A power exercised by a person assisting the inspector as mentioned

in subsection (2) is taken for all purposes to have been exercised by

the inspector.

(4) A function or duty performed by a person assisting the inspector as

mentioned in subsection (2) is taken for all purposes to have been

performed by the inspector.

(5) If a direction is given under paragraph (2)(c) in writing, the

direction is not a legislative instrument.

69EAG Use of force in executing a monitoring warrant

In executing a monitoring warrant, an inspector and a person

assisting the inspector may use such force against things as is

necessary and reasonable in the circumstances.

Subdivision B--Powers of inspectors to ask questions and seek

production of documents

69EAH Inspector may ask questions and seek production of

documents

(1) This section applies if an inspector enters premises for the purposes

of determining whether:

(a) this Act, or the Collection Act, has been, or is being,

complied with; or

(b) information provided under this Act, or the Collection Act, is

correct; or

(2) If the entry is authorised because the occupier of the premises

consented to the entry, the inspector may ask the occupier to

answer any questions, and produce any document, relating to:

(a) the operation of this Act or the Collection Act; or

(b)

the

information.

(3) If the entry is authorised by a monitoring warrant, the inspector

may require any person on the premises to answer any questions,

and produce any document, relating to:

(a) the operation of this Act or the Collection Act; or

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(b)

the

information.

Offence

(4) A person commits an offence if:

(a) the person is subject to a requirement under subsection (3);

and

(b) the person fails to comply with the requirement.

Penalty for contravention of this subsection: 50 penalty units.

69EAJ Copying of documents

If a person produces a document to an inspector in accordance with

a requirement under section 69EAH, the inspector may make

copies of, or take extracts from, the document.

Division 2--Investigation

Subdivision A--Investigation powers

69EB Powers available to inspectors to investigate potential

breaches of this Act and the Collection Act

(1) Subject to subsections (2) and (3), if an inspector has reasonable

grounds for suspecting that there may be evidential material on any

premises, the inspector may:

(a) enter the premises; and

(b) exercise the investigation powers.

(2) If premises mentioned in paragraph (1)(a) are a residence, an

inspector may only enter the premises if:

(a) the premises are used for commercial purposes in relation to

active constituents or chemical products, in addition to

residential purposes; and

(b) paragraph (3)(a) or (b) is satisfied.

(3) An inspector is not authorised to enter the premises unless:

(a) the occupier of the premises has consented to the entry and

the inspector has shown his or her identity card if required by

the occupier; or

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(b) the entry is made under an investigation warrant.

Note:

If entry to the premises is with the occupier's consent, the inspector

must leave the premises if the consent ceases to have effect. See

section 69ED.

69EBA Investigation powers

(1) The following are the investigation powers that an inspector may

exercise in relation to premises under section 69EB:

(a) if entry to the premises is with the occupier's consent--the

power to search the premises and any thing on the premises

for the evidential material the inspector has reasonable

grounds for suspecting may be on the premises;

(b) if entry to the premises is under an investigation warrant:

(i) the power to search the premises and any thing on the

premises for the kind of evidential material specified in

the warrant; and

(ii) the power to seize evidential material of that kind if the

inspector finds it on the premises;

conduct tests on evidential material referred to in

paragraph (a) or (b);

(d) the power to make any still or moving image or any

recording of the premises or evidential material referred to in

paragraph (a) or (b);

(e) the power to inspect any document on the premises;

(f) the power to take extracts from, or make copies of, any such

document;

(g) the power to take and keep samples of any thing on the

premises;

(h) the power to open any container at the premises for the

purpose of inspecting, or taking a sample of, its contents

provided that the container is resealed after the inspection is

made or the sample is taken;

(i) the power to give directions for dealing with a container, or a

label on a container, that has been opened or sampled in

accordance with paragraph (h);

(j) the power to destroy or make harmless, or give directions for

the destruction or making harmless of, a chemical product at

the premises;

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(k) the power to take onto the premises such equipment and

materials as the inspector requires for the purpose of

exercising powers in relation to the premises;

(l) the powers set out in subsections 69EBB(1) and (2) and

subsections 69EBC(2) and (3).

(2) A person who is given a direction under subsection (1) must

comply with the direction.

(3) A person commits an offence of strict liability if the person

contravenes subsection (2).

Penalty: 30 penalty units.

Note:

For strict liability, see section 6.1 of the Criminal Code.

(4) Subsection (2) is a civil penalty provision.

Note:

Part 7AB provides for pecuniary penalties for contraventions of civil

penalty provisions.

69EBB Operating electronic equipment

(1)

The

investigation powers include the power to:

(a) operate electronic equipment on the premises; and

(b) use a disk, tape or other storage device that:

(i) is on the premises; and

(ii) can be used with the equipment or is associated with it;

if an inspector has reasonable grounds for suspecting that the

electronic equipment, disk, tape or other storage device is or

contains evidential material.

(2)

The

investigation powers include the following powers in relation

to evidential material found in the exercise of the power under

subsection (1):

(a) if entry to the premises is under an investigation warrant--

the power to seize the equipment and the disk, tape or other

storage device referred to in that subsection;

(b) the power to operate electronic equipment on the premises to

put the evidential material in documentary form and remove

the documents so produced from the premises;

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transfer the evidential material to a disk, tape or other storage

device that:

(i) is brought to the premises for the exercise of the power;

(ii) is on the premises and the use of which for that purpose

has been agreed in writing by the occupier of the

premises;

and remove the disk, tape or other storage device from the

premises.

(3) An inspector may operate electronic equipment as mentioned in

subsection (1) or (2) only if the inspector believes on reasonable

grounds that the operation of the equipment can be carried out

without damage to the equipment.

Note:

For compensation for damage to electronic equipment, see

section 69EDE.

(4) An inspector may seize equipment or a disk, tape or other storage

device as mentioned in paragraph (2)(a) only if:

(a) it is not practicable to put the evidential material in

documentary form as mentioned in paragraph (2)(b) or to

transfer the evidential material as mentioned in

paragraph (2)(c); or

(b) possession of the equipment or the disk, tape or other storage

device by the occupier could constitute an offence against a

law of the Commonwealth.

69EBC Seizing evidence of related offences and civil penalty

provisions

(1) This section applies if an inspector enters premises under an

investigation warrant to search for evidential material.

(2)

The

investigation powers include seizing a thing that is not

evidential material of the kind specified in the warrant if:

(a) in the course of searching for the kind of evidential material

specified in the warrant, the inspector finds the thing; and

(b) the inspector believes on reasonable grounds that the thing

affords evidence of one or more of the following:

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(i) the commission of an offence against this Act or the

Collection Act;

(ii) the contravention of a civil penalty provision;

(iii) an offence against the Crimes Act 1914 or the Criminal

Code that relates to this Act or the Collection Act; and

necessary to seize the thing in order to prevent its

concealment, loss or destruction or to protect the health of the

public or of any person.

(3) If an inspector seizes a thing as mentioned in subsection (2), the

investigation powers include:

(a) the power to direct the occupier of the premises or the owner

of the thing to keep it at the premises, or at other premises

under the control of the occupier or owner that will, in the

opinion of the inspector, cause least danger to the health of

the public or of any person; and

(b) the power to give any other directions for, or with respect to,

the detention of the thing.

(4) A person who is given a direction under subsection (3) must

comply with the direction.

(5) A person commits an offence of strict liability if the person

contravenes subsection (4).

Penalty: 30 penalty units.

Note:

For strict liability, see section 6.1 of the Criminal Code.

(6) Subsection (4) is a civil penalty provision.

Note:

Part 7AB provides for pecuniary penalties for contraventions of civil

penalty provisions.

69EBD Persons assisting inspectors

Inspectors may be assisted by other persons

(1) When exercising investigation powers, an inspector may be

assisted by other persons in exercising powers or performing

functions or duties under this Part, if that assistance is necessary

and reasonable. A person giving such assistance is a person

assisting the inspector.

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Powers, functions and duties of a person assisting the inspector

(2) A person assisting the inspector:

(a) may enter premises; and

(b) may exercise powers and perform functions and duties under

this Part in relation to evidential material; and

assisting by the inspector.

(3) A power exercised by a person assisting the inspector as mentioned

in subsection (2) is taken for all purposes to have been exercised by

the inspector.

(4) A function or duty performed by a person assisting the inspector as

mentioned in subsection (2) is taken for all purposes to have been

performed by the inspector.

(5) If a direction is given under paragraph (2)(c) in writing, the

direction is not a legislative instrument.

69EBE Use of force in executing an investigation warrant

In executing an investigation warrant, an inspector and a person

assisting the inspector may use such force against things as is

necessary and reasonable in the circumstances.

Subdivision B--Powers of inspectors to ask questions and seek

production of documents

69EC Inspector may ask questions and seek production of

documents

(1) This section applies if an inspector enters premises to search for

evidential material.

(2) If the entry is authorised because the occupier of the premises

consented to the entry, the inspector may ask the occupier to

answer any questions, and produce any document, relating to

evidential material.

(3) If the entry is authorised by an investigation warrant, the inspector

may require any person on the premises to answer any questions,

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and produce any document, relating to evidential material of the

kind specified in the warrant.

(4) A person commits an offence if:

(a) the person is subject to a requirement under subsection (3);

and

(b) the person fails to comply with the requirement.

Penalty for contravention of this subsection: 50 penalty units.

69ECA Copying of documents

If a person produces a document to an inspector in accordance with

a requirement under section 69EC, the inspector may make copies

of, or take extracts from, the document.

Division 3--Obligations and incidental powers of

inspectors

69ED Consent

(1) Before obtaining the consent of an occupier of premises for the

purposes of paragraph 69EAB(3)(a) or 69EB(3)(a), an inspector

must inform the occupier that the occupier may refuse consent.

(2) A consent has no effect unless the consent is voluntary.

(3) A consent may be expressed to be limited to entry during a

particular period. If so, the consent has effect for that period unless

the consent is withdrawn before the end of that period.

(4) A consent that is not limited as mentioned in subsection (3) has

effect until the consent is withdrawn.

(5) If an inspector entered premises because of the consent of the

occupier of the premises, the inspector, and any person assisting

the inspector, must leave the premises if the consent ceases to have

effect.

69EDA Announcement before entry under warrant

(1) Before entering premises under a warrant, an inspector must:

(a)

announce

that:

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(i) he or she is authorised to enter the premises; and

(ii) any person assisting the inspector is authorised to enter

the premises; and

(b) show his or her identity card to the occupier of the premises,

or to another person who apparently represents the occupier,

if the occupier or other person is present at the premises; and

to the premises.

(2) However, an inspector is not required to comply with

subsection (1) if the inspector believes on reasonable grounds that

immediate entry to the premises is required:

(a) to ensure the safety of a person; or

(b) to ensure that the effective execution of the warrant is not

frustrated.

(3)

If:

(a) an inspector does not comply with subsection (1) because of

subsection (2); and

(b) the occupier of the premises, or another person who

apparently represents the occupier, is present at the premises;

the inspector must, as soon as practicable after entering the

premises, show his or her identity card to the occupier or other

person.

69EDB Inspector to be in possession of warrant

An inspector executing a warrant must be in possession of:

(a) the warrant issued by the magistrate under section 69EH or

69EHA, or a copy of the warrant as so issued; or

(b) the form of warrant completed under subsection 69EHB(6),

or a copy of the form as so completed.

69EDC Details of warrant etc. to be given to occupier

(1) An inspector must comply with subsection (2) if:

(a) a warrant is being executed in relation to premises; and

(b) the occupier of the premises, or another person who

apparently represents the occupier, is present at the premises.

(2) The inspector executing the warrant must, as soon as practicable:

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(a) do one of the following:

(i) if the warrant was issued under section 69EH or

69EHA--make a copy of the warrant available to the

occupier or other person (which need not include the

signature of the magistrate who issued it);

(ii) if the warrant was signed by a magistrate under

section 69EHB--make a copy of the form of warrant

completed under subsection 69EHB(6) available to the

occupier or other person; and

(b) inform the occupier or other person of the rights and

responsibilities of the occupier or other person under

Division 5 of this Part.

69EDD Expert assistance to operate electronic equipment

(1) This section applies if an inspector enters premises under a

warrant.

Securing equipment

(2) An inspector may do whatever is necessary to secure any electronic

equipment that is on the premises if the inspector believes on

reasonable grounds that:

(a) in the case of a monitoring warrant:

(i) there is relevant data on the premises; and

(ii) the relevant data may be accessible by operating the

equipment; and

(iii) expert assistance is required to operate the equipment;

and

(iv) the relevant data may be destroyed, altered or otherwise

interfered with, if the inspector does not take action

under this subsection; and

(b) in the case of an investigation warrant:

(i) there is evidential material of the kind specified in the

warrant on the premises; and

(ii) the evidential material may be accessible by operating

the electronic equipment; and

(iii) expert assistance is required to operate the equipment;

and

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(iv) the evidential material may be destroyed, altered or

otherwise interfered with, if the inspector does not take

action under this subsection.

The equipment may be secured by locking it up, placing a guard or

any other means.

(3) The inspector must give notice to the occupier of the premises, or

another person who apparently represents the occupier, of:

(a) the inspector's intention to secure the equipment; and

(b) the fact that the equipment may be secured for up to 72

hours.

Period equipment may be secured

(4) The equipment may be secured until the earlier of the following

happens:

(a) the 72-hour period ends;

(b) the equipment has been operated by the expert.

Note:

For compensation for damage to electronic equipment, see

section 69EDE.

Extensions

(5) The inspector may apply to a magistrate for an extension of the

72-hour period, if the inspector believes on reasonable grounds that

the equipment needs to be secured for a longer period.

(6) Before making the application, the inspector must give notice to

the occupier of the premises, or another person who apparently

represents the occupier, of the inspector's intention to apply for an

extension. The occupier or other person is entitled to be heard in

relation to that application.

(7) The provisions of this Part relating to the issue of a warrant apply,

with such modifications as are necessary, to the issue of an

extension.

(8) The 72-hour period may be extended more than once.

69EDE Compensation for damage to electronic equipment

(1) This section applies if:

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(a) as a result of equipment being operated as mentioned in this

Part:

(i) damage is caused to the equipment; or

(ii) the data recorded on the equipment is damaged; or

(iii) programs associated with the use of the equipment, or

with the use of the data, are damaged or corrupted; and

(b) the damage or corruption occurs because:

(i) insufficient care was exercised in selecting the person

who was to operate the equipment; or

(ii) insufficient care was exercised by the person operating

the equipment.

(2) The APVMA must pay the owner of the equipment, or the user of

the data or programs, such reasonable compensation for the

damage or corruption as the APVMA and the owner or user agree

on.

(3) However, if the owner or user and the APVMA fail to agree, the

owner or user may institute proceedings in a court of competent

jurisdiction for such reasonable amount of compensation as the

court determines.

(4) In determining the amount of compensation payable, regard is to

be had to whether the occupier of the premises, or the occupier's

employees or agents, if they were available at the time, provided

any appropriate warning or guidance on the operation of the

equipment.

Division 4--Execution of an investigation warrant

interrupted

69EE Completing execution of an investigation warrant after

temporary cessation

(1) This section applies if an inspector, and all persons assisting, who

are executing an investigation warrant in relation to premises

temporarily cease its execution and leave the premises.

(2) The inspector, and persons assisting, may complete the execution

of the warrant if:

(a) the warrant is still in force; and

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(b) the inspector and persons assisting are absent from the

premises:

(i) for not more than 1 hour; or

(ii) if there is an emergency situation, for not more than 12

hours or such longer period as allowed by a magistrate

under subsection (5); or

(iii) for a longer period if the occupier of the premises

consents in writing.

Application for extension in emergency situation

(3) An inspector, or person assisting, may apply to a magistrate for an

extension of the 12-hour period mentioned in

subparagraph (2)(b)(ii) if:

(a) there is an emergency situation; and

(b) the inspector or person assisting believes on reasonable

grounds that the inspector and the persons assisting will not

be able to return to the premises within that period.

(4) If it is practicable to do so, before making the application, the

inspector or person assisting must give notice to the occupier of the

premises of his or her intention to apply for an extension.

Extension in emergency situation

(5) A magistrate may extend the period during which the inspector and

persons assisting may be away from the premises if:

(a) an application is made under subsection (3); and

(b) the magistrate is satisfied, by information on oath or

affirmation, that there are exceptional circumstances that

justify the extension; and

warrant ceases to be in force.

69EEA Completing execution of an investigation warrant stopped

by court order

An inspector, and any persons assisting, may complete the

execution of an investigation warrant that has been stopped by an

order of a court if:

(a) the order is later revoked or reversed on appeal; and

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(b) the warrant is still in force when the order is revoked or

reversed.

Division 5--Occupier's rights and responsibilities

69EF Occupier entitled to observe execution of warrant

(1) The occupier of premises to which a warrant relates, or another

person who apparently represents the occupier, is entitled to

observe the execution of the warrant if the occupier or other person

is present at the premises while the warrant is being executed.

(2) The right to observe the execution of the warrant ceases if the

occupier or other person impedes that execution.

(3) This section does not prevent the execution of the warrant in 2 or

more areas of the premises at the same time.

69EFA Occupier to provide inspector with facilities and assistance

(1) The occupier of premises to which a warrant relates, or another

person who apparently represents the occupier, must provide:

(a) an inspector executing the warrant; and

(b)

any

person

assisting;

with all reasonable facilities and assistance for the effective

exercise of their powers.

(2) A person commits an offence if:

(a) the person is subject to subsection (1); and

(b) the person fails to comply with that subsection.

Penalty for contravention of this subsection: 30 penalty units.

Division 6--General provisions relating to seizure

69EG Copies of seized things to be provided

(1) Subject to subsection (2), if an inspector who has entered premises

under an investigation warrant seizes:

(a) a document, film, computer file or other thing that can be

readily copied; or

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(b) a storage device the information in which can be readily

copied;

the inspector must, if asked to do so by the occupier of the

premises or another person who apparently represents the occupier

and is present when the seizure takes place, give a copy of the

thing or the information to the occupier or other person as soon as

practicable after the seizure.

(2) However, the inspector is not required to comply with the request

if possession of the document, film, computer file, thing or

information by the occupier or other person could constitute an

offence against a law of the Commonwealth.

69EGA Receipts for seized things

(1) An inspector must provide a receipt for a thing that is seized under

an investigation warrant.

(2) One receipt may cover 2 or more things seized.

69EGB Return of seized things

(1) An inspector must take reasonable steps to return a thing seized

under an investigation warrant when the earliest of the following

happens:

(a) the reason for the thing's seizure no longer exists;

(b) it is decided that the thing is not to be used in evidence;

Exceptions

(2)

Subsection

(1):

(a) is subject to any contrary order of a court; and

(b) does not apply if the thing:

(i) is forfeited or forfeitable to the Commonwealth (see

section 69ET); or

(ii) is the subject of a dispute as to ownership.

(3) The inspector is not required to take reasonable steps to return a

thing because of paragraph (1)(c) if:

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(a) proceedings in which the thing may be used in evidence were

begun before the end of the 60 days and have not been

completed (including an appeal to a court in relation to those

proceedings); or

(b) the inspector may keep the thing because of an order under

section 69EGC; or

court to keep, destroy or dispose of the thing.

69EGC Magistrate may permit a thing to be kept

(1)

If:

(a) before the end of 60 days after an inspector seizes a thing

under an investigation warrant; or

(b) before the end of a period previously stated in an order under

this section in respect of a thing seized by an inspector as

mentioned in paragraph (a);

proceedings in which the thing may be used in evidence have not

been brought, the inspector may apply to a magistrate for an order

that he or she may keep the thing for a further period.

(2) Before making the application, the inspector must:

(a) take reasonable steps to discover who has an interest in the

retention of the thing; and

(b) if it is practicable to do so, notify each person who the

inspector believes has such an interest of the proposed

application.

Order to retain thing

(3) A magistrate may order that the thing may continue to be retained

for a period specified in the order if the magistrate is satisfied that

it is necessary for the thing to continue to be retained:

(a) for the purposes of an investigation as to whether:

(i) an offence against this Act or the Collection Act has

been committed; or

(ii) a civil penalty provision has been contravened; or

(b) for the purposes of an investigation as to whether an offence

against the Crimes Act 1914 or the Criminal Code that relates

to this Act or the Collection Act has been committed; or

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(i) an offence mentioned in paragraph (a) or (b) to be

secured for the purposes of a prosecution; or

(ii) a contravention mentioned in paragraph (a) to be

secured for the purposes of proceedings for a civil

penalty order.

(4) The period specified must not exceed 3 years.

69EGD Disposal of things

(1) The APVMA may dispose of a thing seized under an investigation

warrant if:

(a) an inspector has taken reasonable steps to return the thing to

a person; and

(b)

either:

(i) the inspector has been unable to locate the person; or

(ii) the person has refused to take possession of the thing.

(2) The APVMA may dispose of the thing in such manner as it

considers appropriate.

Division 7--Applying for warrants etc.

69EH Monitoring warrants

Application for warrant

(1) An inspector may apply to a magistrate for a monitoring warrant

under this section in relation to premises.

Issue of warrant

(2) The magistrate may issue the warrant if the magistrate is satisfied,

by information on oath or affirmation, that it is reasonably

necessary that one or more inspectors should have access to the

premises for the purpose of determining whether:

(a) this Act, or the Collection Act, has been, or is being,

complied with; or

(b) information provided under this Act, or the Collection Act, is

correct; or

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(3) However, the magistrate must not issue the warrant unless the

inspector or some other person has given to the magistrate, either

orally or by affidavit, such further information (if any) as the

magistrate requires concerning the grounds on which the issue of

the monitoring warrant is being sought.

Content of warrant

(4) The monitoring warrant must:

(a) describe the premises to which the warrant relates; and

(b) state that the warrant is issued under this section; and

(d) authorise one or more inspectors (whether or not named in

the warrant) from time to time while the warrant remains in

force:

(i) to enter the premises; and

(ii) to exercise the monitoring powers in relation to the

premises; and

(e) state whether entry is authorised to be made at any time of

the day or during specified hours of the day; and

(f) specify the day (not more than 6 months after the issue of the

warrant) the warrant ceases to be in force.

(5) If the application for the warrant is made under section 69EHB,

this section applies as if paragraph (4)(f) required the warrant to

specify the period for which the warrant is to remain in force,

which must not be more than 48 hours.

69EHA Investigation warrants

Application for warrant

(1) An inspector may apply to a magistrate for an investigation warrant

under this section in relation to premises.

Issue of warrant

(2) The magistrate may issue the investigation warrant if the

magistrate is satisfied, by information on oath or affirmation, that

there are reasonable grounds for suspecting that there is, or there

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may be within the next 72 hours, evidential material on the

premises.

(3) However, the magistrate must not issue the investigation warrant

unless the inspector or some other person has given to the

magistrate, either orally or by affidavit, such further information (if

any) as the magistrate requires concerning the grounds on which

the issue of the warrant is being sought.

Content of warrant

(4) The investigation warrant must:

(a) state the offence or offences, or civil penalty provision or

civil penalty provisions, to which the warrant relates; and

(b) describe the premises to which the warrant relates; and

(d) specify the kinds of evidential material that are to be

searched for under the warrant; and

(e) state that the evidential material specified may be seized

under the warrant; and

(f) state that any thing found in the course of executing the

warrant that the person executing the warrant believes on

reasonable grounds to be evidence of one or more of the

following:

(i) the commission of an offence against this Act or the

Collection Act;

(ii) the contravention of a civil penalty provision;

(iii) an offence against the Crimes Act 1914 or the Criminal

Code that relates to this Act or the Collection Act;

may be seized under the warrant; and

(g) name one or more inspectors; and

(h) authorise the inspectors named in the warrant:

(i) to enter the premises; and

(ii) to exercise the powers set out in Divisions 2, 3 and 4 of

this Part in relation to the premises; and

(i) state whether entry is authorised to be made at any time of

the day or during specified hours of the day; and

(j) specify the day (not more than 1 week after the issue of the

warrant) the warrant ceases to be in force.

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(5) If the application for the warrant is made under section 69EHB,

this section applies as if:

(a) subsection (2) referred to 48 hours rather than 72 hours; and

(b) paragraph (4)(j) required the warrant to specify the period for

which the warrant is to remain in force, which must not be

more than 48 hours.

69EHB Warrants by telephone, fax etc.

Application for warrant

(1) An inspector may apply to a magistrate by telephone, fax or other

electronic means for a warrant in relation to premises:

(a) in an urgent case; or

(b) if the delay that would occur if an application were made in

person would frustrate the effective execution of the warrant.

(2) The magistrate may require communication by voice to the extent

that it is practicable in the circumstances.

(3) Before applying for a warrant, the inspector must:

(a) in the case of a monitoring warrant--prepare an information

of the kind mentioned in subsection 69EH(2); and

(b) in the case of an investigation warrant--prepare an

information of the kind mentioned in subsection 69EHA(2);

in relation to the premises that sets out the grounds on which the

warrant is sought. If it is necessary to do so, the inspector may

apply for the warrant before the information is sworn or affirmed.

Magistrate may complete and sign warrant

(4) The magistrate may complete and sign the same warrant that would

have been issued under section 69EH or 69EHA if the magistrate is

satisfied that there are reasonable grounds for doing so:

(a) after considering the terms of the information; and

(b) after receiving such further information (if any) as the

magistrate requires concerning the grounds on which the

issue of the warrant is being sought.

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(5) After completing and signing the warrant, the magistrate must

inform the inspector, by telephone, fax or other electronic means,

of:

(a) the terms of the warrant; and

(b) the day and time the warrant was signed.

Obligations on inspector

(6) The inspector must then do the following:

(a) complete and sign a form of warrant in the same terms as the

warrant completed and signed by the magistrate;

(b) state on the form the following:

(i) the name of the magistrate;

(ii) the day and time the warrant was signed by the

magistrate;

(i) the form of warrant completed by the inspector;

(ii) the information referred to in subsection (3), which

must have been duly sworn or affirmed.

(7) The inspector must comply with paragraph (6)(c) by the end of the

day after the earlier of the following:

(a) the day the warrant ceases to be in force;

(b) the day the warrant is executed.

Magistrate to attach documents together

(8) The magistrate must attach the documents provided under

paragraph (6)(c) to the warrant signed by the magistrate.

69EHC Authority of warrant

(1) A form of warrant duly completed under subsection 69EHB(6) is

authority for the same powers as are authorised by the warrant

signed by the magistrate under subsection 69EHB(4).

(2) In any proceedings, a court is to assume (unless the contrary is

proved) that an exercise of power was not authorised by a warrant

under section 69EHB if:

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(a) it is material, in those proceedings, for the court to be

satisfied that the exercise of power was authorised by that

section; and

(b) the warrant signed by the inspector authorising the exercise

of the power is not produced in evidence.

69EHD Offence relating to warrants by telephone, fax etc.

An inspector must not:

(a) state in a document that purports to be a form of warrant

under section 69EHB the name of a magistrate unless that

magistrate signed the warrant; or

(b) state on a form of warrant under that section a matter that, to

the inspector's knowledge, departs in a material particular

from the terms of the warrant signed by the magistrate under

that section; or

that purports to be a form of warrant under that section that

the inspector knows departs in a material particular from the

terms of a warrant signed by a magistrate under that section;

(d) purport to execute, or present to another person, a document

that purports to be a form of warrant under that section where

the inspector knows that no warrant in the terms of the form

of warrant has been completed and signed by a magistrate; or

(e) give to a magistrate a form of warrant under that section that

is not the form of warrant that the inspector purported to

execute.

Penalty: Imprisonment for 2 years.

Division 8--Powers of magistrates

69EI Powers of issuing officers

Powers conferred personally

(1) A power conferred on a magistrate by this Part is conferred on the

magistrate:

(a) in a personal capacity; and

(b) not as a court or a member of a court.

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Powers need not be accepted

(2) The magistrate need not accept the power conferred.

Protection and immunity

(3) A magistrate exercising a power conferred by this Part has the

same protection and immunity as if the magistrate were exercising

the power:

(a) as the court of which the magistrate is a member; or

(b) as a member of the court of which the magistrate is a

member.

65 Division 4 of Part 7A (heading)

Repeal the heading.

66 Before section 69EP

Insert:

Part 7AB--Enforcement

Division 1--Civil penalty orders

Subdivision A--Obtaining a civil penalty order

69EJ Civil penalty orders

Application for order

(1) The APVMA may, on behalf of the Commonwealth, apply to a

court of competent jurisdiction for an order that a person, who is

alleged to have contravened a civil penalty provision, pay the

Commonwealth a pecuniary penalty.

(2) The APVMA must make the application within 6 years of the

alleged contravention.

Court may order person to pay pecuniary penalty

(3) If the court is satisfied that the person has contravened the civil

penalty provision, the court may order the person to pay to the

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Commonwealth such pecuniary penalty for the contravention as the

court determines to be appropriate.

Note:

Section 69EJA sets out the maximum penalty that the court may order

the person to pay.

(4) An order under subsection (3) is a civil penalty order.

Determining pecuniary penalty

(5) In determining the pecuniary penalty, the court may take into

account all relevant matters, including:

(a) the nature and extent of the contravention; and

(b) the nature and extent of any loss or damage suffered because

of the contravention; and

(d) whether the person has previously been found by a court to

have engaged in any similar conduct; and

(e) the extent to which the person has cooperated with the

authorities; and

(f) if the person is a body corporate:

(i) the level of the employees, officers or agents of the

body corporate involved in the contravention; and

(ii) whether the body corporate exercised due diligence to

avoid the contravention; and

(iii) whether the body corporate had a corporate culture

conducive to compliance.

69EJA Maximum penalties for contravention of civil penalty

provisions

Penalty for body corporate

(1) The pecuniary penalty for a contravention of a civil penalty

provision by a body corporate must not exceed 5 times the amount

of the maximum monetary penalty that could be imposed by a

court if the body corporate were convicted of an offence

constituted by conduct that is the same as the conduct constituting

the contravention.

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Penalty for individuals

(2) The pecuniary penalty for a contravention of a civil penalty

provision by an individual must not exceed 3 times the amount of

the maximum monetary penalty that could be imposed by a court if

the person were convicted of an offence constituted by conduct that

is the same as the conduct constituting the contravention.

Penalty for contravention of subsection 69EJR(1)

(3) The pecuniary penalty for a contravention, by an executive officer

of a body corporate, of subsection 69EJR(1) in relation to the

contravention by the body corporate of a civil penalty provision

must not exceed 12% of the amount of the maximum monetary

penalty that could be imposed on the body corporate for the

contravention.

69EJB Civil enforcement of penalty

(1) A pecuniary penalty is a debt payable to the Commonwealth.

(2) The Commonwealth may enforce a civil penalty order as if it were

an order made in civil proceedings against a person to recover a

debt due by the person. The debt arising from the order is taken to

be a judgement debt.

69EJC Conduct contravening more than one civil penalty provision

(1) If conduct constitutes a contravention of 2 or more civil penalty

provisions, proceedings may be instituted under this Division

against a person in relation to the contravention of any one or more

of those provisions.

(2) However, the person is not liable to more than one pecuniary

penalty under this Division in relation to the same conduct.

69EJD Multiple contraventions

(1) A court may make a single civil penalty order against a person for

multiple contraventions of a civil penalty provision if proceedings

for the contraventions are founded on the same facts, or if the

contraventions form, or are part of, a series of contraventions of the

same or a similar character.

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Note:

For continuing contraventions of civil penalty provisions, see

section 69EJL.

(2) However, the penalty must not exceed the sum of the maximum

penalties that could be ordered if a separate penalty were ordered

for each of the contraventions.

69EJE Proceedings may be heard together

A court may direct that 2 or more proceedings for civil penalty

orders be heard together.

69EJF Civil evidence and procedure rules for civil penalty orders

A court must apply the rules of evidence and procedure for civil

matters when hearing and determining an application for a civil

penalty order.

69EJG Contravening a civil penalty provision is not an offence

A contravention of a civil penalty provision is not an offence.

Subdivision B--Civil proceedings and criminal proceedings

69EJH Civil proceedings after criminal proceedings

A court may not make a civil penalty order against a person for a

contravention of a civil penalty provision if the person has been

convicted of an offence constituted by conduct that is the same, or

substantially the same, as the conduct constituting the

contravention.

69EJI Criminal proceedings during civil proceedings

(1) Proceedings for a civil penalty order against a person for a

contravention of a civil penalty provision are stayed if:

(a) criminal proceedings are commenced or have already been

commenced against the person for an offence; and

(b) the offence is constituted by conduct that is the same, or

substantially the same, as the conduct alleged to constitute

the contravention.

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(2) The proceedings for the order (the civil proceedings) may be

resumed if the person is not convicted of the offence. Otherwise,

the civil proceedings are dismissed.

69EJJ Criminal proceedings after civil proceedings

Criminal proceedings may be commenced against a person for

conduct that is the same, or substantially the same, as conduct that

would constitute a contravention of a civil penalty provision

regardless of whether a civil penalty order has been made against

the person in relation to the contravention.

69EJK Evidence given in civil proceedings not admissible in

criminal proceedings

(1) Evidence of information given, or evidence of production of

documents, by an individual is not admissible in criminal

proceedings against the individual for an offence if:

(a) the individual previously gave the evidence or produced the

documents in proceedings for a civil penalty order against the

individual for an alleged contravention of a civil penalty

provision (whether or not the order was made); and

(b) the conduct alleged to constitute the offence is the same, or

substantially the same, as the conduct alleged to constitute

the contravention.

(2) However, subsection (1) does not apply to criminal proceedings in

relation to the falsity of the evidence given by the individual in the

proceedings for the civil penalty order.

Subdivision C--Miscellaneous

69EJL Continuing contraventions of civil penalty provisions

(1) If an act or thing is required under a civil penalty provision to be

done:

(a) within a particular period; or

(b) before a particular time;

then the obligation to do that act or thing continues until the act or

thing is done (even if the period has expired or the time has

passed).

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(2) A person who contravenes a civil penalty provision that requires an

act or thing to be done:

(a) within a particular period; or

(b) before a particular time;

commits a separate contravention of that provision in respect of

each day during which the contravention occurs (including the day

the relevant civil penalty order is made or any later day).

69EJM Ancillary contravention of civil penalty provisions

(1) A person must not:

(a) attempt to contravene a civil penalty provision; or

(b) aid, abet, counsel or procure a contravention of a civil

penalty provision; or

a civil penalty provision; or

(d) be in any way, directly or indirectly, knowingly concerned in,

or party to, a contravention of a civil penalty provision; or

(e) conspire with others to effect a contravention of a civil

penalty provision.

Civil penalty

(2) A person who contravenes subsection (1) in relation to a civil

penalty provision is taken to have contravened the provision.

Note:

Section 69EJO (which provides that a person's state of mind does not

need to be proven in relation to a civil penalty provision) does not

apply to the extent that proceedings relate to the contravention of

subsection (1).

69EJN Mistake of fact

(1) A person is not liable to have a civil penalty order made against the

person for a contravention of a civil penalty provision if:

(a) at or before the time of the conduct constituting the

contravention, the person:

(i) considered whether or not facts existed; and

(ii) was under a mistaken but reasonable belief about those

facts; and

(b) had those facts existed, the conduct would not have

constituted a contravention of the civil penalty provision.

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(2) For the purposes of subsection (1), a person may be regarded as

having considered whether or not facts existed if:

(a) the person had considered, on a previous occasion, whether

those facts existed in the circumstances surrounding that

occasion; and

(b) the person honestly and reasonably believed that the

circumstances surrounding the present occasion were the

same, or substantially the same, as those surrounding the

previous occasion.

(3) A person who wishes to rely on subsection (1) or (2) in

proceedings for a civil penalty order bears an evidential burden in

relation to that matter.

69EJO State of mind

(1) In proceedings for a civil penalty order against a person for a

contravention of a civil penalty provision, it is not necessary to

prove:

(a) the person's intention; or

(b) the person's knowledge; or

(d) the person's negligence; or

(e) any other state of mind of the person.

(2) Subsection (1) does not apply to the extent that the proceedings

relate to a contravention of subsection 69EJM(1) (which is about

ancillary contraventions of civil penalty provisions).

(3) Subsection (1) does not affect the operation of section 69EJN

(which is about mistake of fact).

(4) Subsection (1) does not apply to the extent that the civil penalty

provision, or a provision that relates to the civil penalty provision,

expressly provides otherwise.

69EJP Evidential burden for exceptions

In proceedings for a civil penalty order, a person who wishes to

rely on any exception, exemption, excuse, qualification or

justification in relation to a civil penalty provision bears an

evidential burden in relation to that matter.

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69EJQ Liability of body corporate for actions by employees, agents

or officers

If an element of a civil penalty provision is done by an employee,

agent or officer of a body corporate acting within the actual or

apparent scope of his or her employment, or within his or her

actual or apparent authority, the element must also be attributed to

the body corporate.

69EJR Liability of executive officers

(1) An executive officer of a body corporate contravenes this

subsection if:

(a) the body corporate contravenes a civil penalty provision; and

(b) the officer knew that the contravention would occur; and

body in relation to the contravention; and

(d) the officer failed to take all reasonable steps to prevent the

contravention.

(2) Subsection (1) is a civil penalty provision.

Note:

Subdivision A of this Division provides for pecuniary penalties for

contraventions of civil penalty provisions.

69EJS Establishing whether an executive officer took reasonable

steps to prevent the contravention of a civil penalty

provision

(1) For the purposes of section 69EJR, in determining whether an

executive officer of a body corporate failed to take all reasonable

steps to prevent the contravention of a civil penalty provision, a

court is to have regard to:

(a) what action (if any) the officer took towards ensuring that the

body's employees, agents and contractors have a reasonable

knowledge and understanding of the requirements to comply

with this Act or the Collection Act, in so far as those

requirements affect the employees, agents or contractors

concerned; and

(b) what action (if any) the officer took when he or she became

aware that the body was contravening this Act or the

Collection Act.

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(2) This section does not, by implication, limit the generality of

section 69EJR.

Division 2--Infringement notices

69EK When an infringement notice may be given

(1) If an inspector has reasonable grounds to believe that a person has

contravened a prescribed civil penalty provision, the inspector may

give the person an infringement notice for the alleged

contravention.

(2) The infringement notice must be given within 12 months after the

day the contravention is alleged to have taken place.

(3) A single infringement notice must relate only to a single

contravention of a single prescribed civil penalty provision.

69EKA Matters to be included in an infringement notice

(1) An infringement notice must:

(a) be identified by a unique number; and

(b) state the day it is given; and

(d) state the name of the person who gave the notice; and

(e) give brief details of the alleged contravention, including:

(i) the provision that was allegedly contravened; and

(ii) the maximum penalty that a court could impose for the

contravention; and

(iii) the time (if known) and day of, and the place of, the

alleged contravention; and

(f) state the amount that is payable under the notice; and

(g) give an explanation of how payment of the amount is to be

made; and

(h) state that, if the person to whom the notice is given pays the

amount within 28 days after the day the notice is given, then

(unless the notice is withdrawn) proceedings seeking a civil

penalty order will not be brought in relation to the alleged

contravention; and

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(i) state that payment of the amount is not an admission of

liability; and

(j) state that the person may apply to the APVMA to have the

period in which to pay the amount extended; and

(k) state that the person may choose not to pay the amount and, if

the person does so, proceedings seeking a civil penalty order

may be brought in relation to the alleged contravention; and

(l) set out how the notice can be withdrawn; and

(m) state that if the notice is withdrawn proceedings seeking a

civil penalty order may be brought in relation to the alleged

contravention; and

(n) state that the person may make written representations to the

APVMA seeking the withdrawal of the notice.

(2) For the purposes of paragraph (1)(f), the amount to be stated in the

notice for the alleged contravention of the provision must not

exceed one-fifth of the maximum penalty that a court could impose

on the person for that contravention.

(3) The regulations may, subject to subsection (2), provide for a scale

of amounts that may apply for an alleged contravention.

69EKB Extension of time to pay amount

(1) A person to whom an infringement notice has been given may

apply to the APVMA for an extension of the period referred to in

paragraph 69EKA(1)(h).

(2) If the application is made before the end of that period, the

APVMA may, in writing, extend that period. The APVMA may do

so before or after the end of that period.

(3) If the APVMA extends that period, a reference in this Division to

the period referred to in paragraph 69EKA(1)(h) is taken to be a

reference to that period so extended.

(4) If the APVMA does not extend that period, a reference in this

Division to the period referred to in paragraph 69EKA(1)(h) is

taken to be a reference to the period that ends on the later of the

following days:

(a) the day that is the last day of the period referred to in

paragraph 69EKA(1)(h);

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(b) the day that is 7 days after the day the person was given

notice of the APVMA's decision not to extend.

(5) The APVMA may extend the period more than once under

subsection (2).

69EKC Withdrawal of an infringement notice

Representations seeking withdrawal of notice

(1) A person to whom an infringement notice has been given may

make written representations to the APVMA seeking the

withdrawal of the notice.

Withdrawal of notice

(2) The APVMA may withdraw an infringement notice given to a

person (whether or not the person has made written representations

seeking the withdrawal).

(3) When deciding whether or not to withdraw an infringement notice

(the relevant infringement notice), the APVMA:

(a) must take into account any written representations seeking

the withdrawal that were given by the person to the APVMA;

and

(b) may take into account the following:

(i) whether a court has previously imposed a penalty on the

person for a contravention of a prescribed civil penalty

provision if the contravention is constituted by conduct

that is the same, or substantially the same, as the

conduct alleged to constitute the contravention in the

relevant infringement notice;

(ii) the circumstances of the alleged contravention;

(iii) whether the person has paid an amount, stated in an

earlier infringement notice, for a contravention of a

prescribed civil penalty provision if the contravention is

constituted by conduct that is the same, or substantially

the same, as the conduct alleged to constitute the

contravention in the relevant infringement notice;

(iv) any other matter the APVMA considers relevant.

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Notice of withdrawal

(4) Notice of the withdrawal of the infringement notice must be given

to the person. The withdrawal notice must state:

(a) the person's name and address; and

(b) the day the infringement notice was given; and

(d) that the infringement notice is withdrawn; and

(e) that proceedings seeking a civil penalty order may be brought

in relation to the alleged contravention.

Refund of amount if infringement notice withdrawn

(5)

If:

(a) the APVMA withdraws the infringement notice; and

(b) the person has already paid the amount stated in the notice;

the Commonwealth must refund to the person an amount equal to

the amount paid.

69EKD Effect of payment of amount

(1) If the person to whom an infringement notice for an alleged

contravention of a provision is given pays the amount stated in the

notice before the end of the period referred to in paragraph

69EKA(1)(h):

(a) any liability of the person for the alleged contravention is

discharged; and

(b) proceedings seeking a civil penalty order may not be brought

against the person in relation to the alleged contravention;

and

alleged contravention.

(2) Subsection (1) does not apply if the notice has been withdrawn.

69EKE Effect of this Division

This Division does not:

(a) require an infringement notice to be given to a person for an

alleged contravention of a prescribed civil penalty provision;

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(b) affect the liability of a person for an alleged contravention of

a prescribed civil penalty provision if:

(i) the person does not comply with an infringement notice

given to the person for the contravention; or

(ii) an infringement notice is not given to the person for the

contravention; or

(iii) an infringement notice is given to the person for the

contravention and is subsequently withdrawn; or

person for an alleged contravention of a prescribed civil

penalty provision; or

(d) limit a court's discretion to determine the amount of a

penalty to be imposed on a person who is found to have

contravened a prescribed civil penalty provision.

Division 3--Enforceable undertakings

69EL Acceptance of undertakings

(1) The APVMA may accept any of the following undertakings:

(a) a written undertaking given by a person that the person will,

in order to comply with a provision of this Act or the

Collection Act, take specified action;

(b) a written undertaking given by a person that the person will,

in order to comply with a provision of this Act or the

Collection Act, refrain from taking specified action;

take specified action directed towards ensuring one or more

of the following:

(i) that the person does not commit an offence against this

Act or the Collection Act;

(ii) that the person does not contravene a civil penalty

provision;

(iii) that the person is unlikely to commit an offence against

this Act or the Collection Act, or to contravene a civil

penalty provision, in the future.

(2) The undertaking must be expressed to be an undertaking under this

section.

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(3) The person may withdraw or vary the undertaking at any time, but

only with the written consent of the APVMA.

(4) The APVMA's consent is not a legislative instrument.

(5) The APVMA may, by written notice given to the person, cancel

the undertaking.

(6) The APVMA must publish the undertaking on the APVMA's

website.

(7) However, the APVMA is not required to publish so much of the

undertaking that the APVMA is satisfied:

(a) is confidential commercial information; or

(b) is personal information (within the meaning of the Privacy

Act 1988); or

public interest to do so.

69ELA Enforcement of undertakings

(1)

If:

(a) a person has given an undertaking under section 69EL; and

(b) the undertaking has not been withdrawn or cancelled; and

undertaking;

the APVMA may, on behalf of the Commonwealth, apply to a

court of competent jurisdiction for an order under subsection (2).

(2) If the court is satisfied that the person has breached the

undertaking, the court may make any or all of the following orders:

(a) an order directing the person to comply with the undertaking;

(b) an order directing the person to pay to the Commonwealth an

amount up to the amount of any financial benefit that the

person has obtained directly or indirectly and that is

reasonably attributable to the breach;

person to compensate any other person who has suffered loss

or damage as a result of the breach;

(d) any other order that the court considers appropriate.

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Division 4--Injunctions

69EM Grant of injunctions

Restraining injunctions

(1) If a person has engaged, is engaging or is proposing to engage, in

conduct that constitutes an offence against this Act or the

Collection Act or a contravention of a civil penalty provision, a

court of competent jurisdiction may, on application by any person,

grant an injunction:

(a) restraining the first-mentioned person from engaging in the

conduct; and

(b) if, in the court's opinion, it is desirable to do so--requiring

the first-mentioned person to do a thing.

Performance injunctions

(2)

If:

(a) a person has refused or failed, or is refusing or failing, or is

proposing to refuse or fail, to do a thing; and

(b) the refusal or failure was, is or would be, an offence against

this Act or the Collection Act or a contravention of a civil

penalty provision;

the court may, on application by any person, grant an injunction

requiring the first-mentioned person to do that thing.

Grant of interim injunctions

(3) Before deciding an application for an injunction under this section,

the court may grant an interim injunction:

(a) restraining a person from engaging in conduct; or

(b) requiring a person to do a thing.

69EMA Discharging or varying injunctions

A court may discharge or vary an injunction granted by that court

under this Division.

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69EMB Certain limits on granting injunctions not to apply

Restraining injunctions

(1) The power of a court under this Division to grant an injunction

restraining a person from engaging in conduct may be exercised:

(a) whether or not it appears to the court that the person intends

to engage again, or to continue to engage, in conduct of that

kind; and

(b) whether or not the person has previously engaged in conduct

of that kind; and

risk of:

(i) an effect that is harmful to human beings; or

(ii) an unintended effect that is harmful to animals, plants or

things, or to the environment.

Performance injunctions

(2) The power of a court under this Division to grant an injunction

requiring a person to do a thing may be exercised:

(a) whether or not it appears to the court that the person intends

to refuse or fail again, or to continue to refuse or fail, to do

that thing; and

(b) whether or not the person has previously refused or failed to

do that thing; and

risk of:

(i) an effect that is harmful to human beings; or

(ii) an unintended effect that is harmful to animals, plants or

things, or to the environment.

69EMC Other powers of a court unaffected

The powers conferred on a court under this Division are in addition

to, and not instead of, any other powers of the court, whether

conferred by this Act or otherwise.

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Division 5--Substantiation notices

69EN APVMA may require claims to be substantiated etc.

(1) This section applies if a person has made a claim or representation

in relation to:

(a) the import, or possible import, of a chemical product by the

person or another person; or

(b) the export of a chemical product by the person or another

person.

(2) The APVMA may give the person who made the claim or

representation a written notice that requires the person to do either

or both of the following:

(a) give information or produce documents to the APVMA that

could be capable of substantiating or supporting the claim or

representation;

(b) give information or produce documents to the APVMA that

are of a kind specified in the notice;

within 21 days after the notice is given to the person who made the

claim or representation.

(3) Any kind of information or documents that the APVMA specifies

under paragraph (2)(b) must be a kind that the APVMA is satisfied

is relevant to substantiating or supporting the claim or

representation.

(4) The notice must:

(a) name the person to whom it is given; and

(b) specify the claim or representation to which it relates; and

(5) The notice may relate to more than one claim or representation that

the person has made.

(6) This section does not apply to a person who made the claim or

representation if the person:

(a) made the claim or representation by publishing it on behalf of

another person in the course of carrying on a business of

providing information; and

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(b) does not have a commercial relationship with the other

person other than for the purpose of:

(i) publishing claims or representations promoting, or

apparently intended to promote, the other person's

business or other activities; or

(ii) the other person supplying goods or services.

69ENA Compliance with substantiation notices

(1) A person given a substantiation notice under section 69EN must

comply with the notice:

(a) within the period specified in the notice; or

(b) within such further time as the APVMA allows under

subsection (3).

(2) A person given a substantiation notice under section 69EN may

apply to the APVMA for further time to comply with the notice.

An application must be in writing and made within 21 days after

the notice is given to the person.

(3) The APVMA may, by written notice given to the person, extend

the period within which the person must comply with the notice.

(4) Despite subsection (1), an individual may refuse or fail to give

particular information or produce a particular document in

compliance with a substantiation notice on the ground that the

information, or production of the document, might tend to

incriminate the individual or to expose the individual to a penalty.

69ENB Failure to comply with substantiation notice

(1) A person contravenes this section if:

(a) the person is given a notice under section 69EN; and

(b) the person fails to comply with the notice:

(i) within the period specified in the notice; or

(ii) if the APVMA has allowed the person further time

under subsection 69ENA(3)--within such further time.

(2) Subsection (1) does not apply if:

(a) the person is an individual; and

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(b) the person refuses or fails to give particular information or

produce a particular document in compliance with a

substantiation notice; and

incriminate the individual or to expose the individual to a

penalty.

(3) A person commits an offence if the person contravenes

subsection (1).

Penalty: 50 penalty units.

Note:

A defendant bears an evidential burden in relation to the matter in

subsection (2). See subsection 13.3(3) of the Criminal Code.

(4) Subsection (1) is a civil penalty provision.

Note 1:

Division 1 of this Part provides for pecuniary penalties for

contraventions of civil penalty provisions.

Note 2:

For the evidential burden in civil penalty proceedings in relation to the

matter in subsection (2), see section 69EJP.

Division 6--Formal warnings

69EO APVMA may issue a formal warning

(1) The APVMA may, by written notice, issue a formal warning to a

person if the APVMA has reasonable grounds to suspect that the

person may have contravened this Act or the Collection Act.

(2) A formal warning under subsection (1) is not a legislative

instrument.

Division 7--Miscellaneous

67 Subsections 69EP(6) and 69EP(7) (penalties)

Repeal the penalties, substitute:

Penalty: 50 penalty units.

68 Section 69EQ

Before "this Part", insert "Part 7A, 7AA or".

69 Section 69ER

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Repeal the section, substitute:

69ER False or misleading information or document

(1) A person commits an offence if, for the purposes of, or in

connection with, the making of a decision by the APVMA as to

whether it should give a consent under section 69B, the person:

(a) gives information (whether orally or in writing) that the

person knows to be false or misleading in a material

particular; or

(b) produces a document that the person knows to be false or

misleading in a material particular without:

(i) indicating to the person to whom the document is

produced that it is false or misleading and the respect in

which it is false or misleading; and

(ii) providing correct information to that person if the

person producing the document is in possession of, or

can reasonably acquire, the correct information.

Penalty: 300 penalty units.

(2) A person commits an offence if, in compliance or purported

compliance with a requirement made by an inspector under

Part 7A, Part 7AA or this Part or for the purposes of, or in

connection with, any provision of Part 7A (other than section 69B),

Part 7AA or this Part, the person:

(a) gives information (whether orally or in writing) that the

person knows to be false or misleading in a material

particular; or

(b) produces a document that the person knows to be false or

misleading in a material particular without:

(i) indicating to the person to whom the document is

produced that it is false or misleading and the respect in

which it is false or misleading; and

(ii) providing correct information to that person if the

person producing the document is in possession of, or

can reasonably acquire, the correct information.

Penalty: 60 penalty units.

70 Subsections 69ET(1), 69EU(1) and 69EU(3)

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Before "this Part", insert "Part 7A, 7AA or".

71 Paragraph 69EU(5)(a)

Before "this Part", insert "Part 7A, 7AA or".

72 Subsection 69F(2)

Omit "particular".

73 Subsection 69F(5)

Omit "who has ceased to be an inspector must, as soon as practicable,",

substitute "must, within 14 days of ceasing to be an inspector,".

74 After section 69H

Insert:

69HA Protection of inspectors etc.

An inspector, a person assisting an inspector, or other member of

the staff of the APVMA, is not liable to any proceedings relating to

an act done, or omitted to be done, in good faith in the performance

or purported performance of a function, or in the exercise or

purported exercise of a power, conferred on the inspector, person

or member by this Act or the Code set out in the Schedule to the

Agricultural and Veterinary Chemicals Code Act 1994.

Agricultural and Veterinary Chemicals Code Act 1994

75 Paragraph 6(2)(i)

Repeal the paragraph, substitute:

(i) prescribing penalties of not more than 50 penalty units for

offences against the regulations; or

(j) declaring provisions of the regulations to be civil penalty

provisions.

76 Subsection 3(1) of the Code set out in the Schedule

Insert:

agvet law means:

(a) the Agvet Code of this, or another, jurisdiction; or

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(b)

the

Agricultural and Veterinary Chemical Products

(Collection of Levy) Act 1994; or

(c)

the

Agricultural and Veterinary Chemicals (Administration)

Act 1992.

77 Subsection 3(1) of the Code set out in the Schedule

Insert:

agvet penalty provision means:

(a) a civil penalty provision of the Agvet Code of this, or

another, jurisdiction; or

(b) a civil penalty provision of the Agricultural and Veterinary

Chemical Products (Collection of Levy) Act 1994; or

Chemicals (Administration) Act 1992.

78 Subsection 3(1) of the Code set out in the Schedule

Insert:

approved active constituent means an active constituent that

complies with the relevant particulars set out in the Record for the

constituent.

79 Subsection 3(1) of the Code set out in the Schedule

Insert:

civil penalty order has the meaning given by section 145A.

80 Subsection 3(1) of the Code set out in the Schedule

Insert:

civil penalty provision means a provision declared by this Code to

be a civil penalty provision.

81 Subsection 3(1) of the Code set out in the Schedule

(definition of continued use)

Repeal the definition.

82 Subsection 3(1) of the Code set out in the Schedule

Insert:

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copy, in relation to a warrant issued under section 143 or 143A (or

a form of warrant completed under subsection 143B(6)), includes:

(a) a copy sent by fax or other electronic means; or

(b) a copy of a copy so sent.

83 Subsection 3(1) of the Code set out in the Schedule

Insert:

damage, in relation to data, includes damage by erasure of data or

addition of other data.

84 Subsection 3(1) of the Code set out in the Schedule

Insert:

data includes:

(a) information in any form; and

(b) any program (or part of a program).

85 Subsection 3(1) of the Code set out in the Schedule

Insert:

evidential burden, in relation to a matter, means the burden of

adducing or pointing to evidence that suggests a reasonable

possibility that the matter exists or does not exist.

86 Subsection 3(1) of the Code set out in the Schedule

Insert:

evidential material means any of the following:

(a) a thing with respect to which an offence against an agvet law

has been committed or is suspected, on reasonable grounds,

to have been committed;

(b) a thing with respect to which an agvet penalty provision has

been contravened or is suspected, on reasonable grounds, to

have been contravened;

afford evidence as to the commission of such an offence or

contravention of such an agvet penalty provision;

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(d) a thing that there are reasonable grounds for suspecting is

intended to be used for the purpose of committing such an

offence or contravening such an agvet penalty provision.

87 Subsection 3(1) of the Code set out in the Schedule

Insert:

executive officer of a body corporate means a person, by whatever

name called and whether or not a director of the body, who is

concerned in, or takes part in, the management of the body.

88 Subsection 3(1) of the Code set out in the Schedule

Insert:

investigation powers has the meaning given by sections 132A,

132B and 132C.

89 Subsection 3(1) of the Code set out in the Schedule

Insert:

investigation warrant means:

(a) a warrant issued under section 143A; or

(b) a warrant signed by a magistrate under section 143B, being a

warrant of the same kind as would have been issued under

section 143A.

90 Subsection 3(1) of the Code set out in the Schedule

Insert:

manufacture, in relation to a chemical product, means:

(a) to produce the chemical product; or

(b) to engage in any part of the process of producing the

chemical product, or any component or ingredient of the

chemical product as part of that process, or of bringing the

chemical product to its final state, including by formulating,

processing, assembling, packaging, labelling, storing,

sterilising, testing, supplying or releasing for supply.

91 Subsection 3(1) of the Code set out in the Schedule

Insert:

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monitoring powers has the meaning given by sections 131A, 131B

and 131C.

92 Subsection 3(1) of the Code set out in the Schedule

Insert:

monitoring warrant means:

(a) a warrant issued under section 143; or

(b) a warrant signed by a magistrate under section 143B, being a

warrant of the same kind as would have been issued under

section 143.

93 Subsection 3(1) of the Code set out in the Schedule

Insert:

person assisting an inspector:

(a) in relation to the exercise of monitoring powers--has the

meaning given by section 131D; and

(b) in relation to the exercise of investigation powers--has the

meaning given by section 132E.

94 Subsection 3(1) of the Code set out in the Schedule

Insert:

prescribed civil penalty provision means a civil penalty provision

that is prescribed by the regulations.

95 Subsection 3(1) of the Code set out in the Schedule

Repeal the definition, substitute:

registered chemical product means a chemical product that

complies with the relevant particulars set out in the Register for the

product.

96 Subsection 3(1) of the Code set out in the Schedule

Insert:

relevant data means information relevant to determining whether:

(a) an agvet law has been, or is being, complied with; or

(b) information provided under an agvet law is correct.

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97 Subsection 3(1) of the Code set out in the Schedule

Insert:

use, in relation to an active constituent for a proposed or existing

chemical product, or in relation to a chemical product, includes

deal with the constituent or product.

98 Subsection 3(1) of the Code set out in the Schedule

Insert:

warrant means a monitoring warrant or an investigation warrant.

99 Section 8A of the Code set out in the Schedule

Renumber as section 8AA.

100 Division 5 of Part 2 of the Code set out in the Schedule

(heading)

Repeal the heading, substitute:

Division 5--Suspending and cancelling approvals and

registrations

101 Before section 35 of the Code set out in the Schedule

Insert:

34N Explanation of Division

(1) This Division provides for suspension and cancellation of

approvals and registrations.

(2) In most cases, the APVMA must not suspend or cancel an approval

or registration without giving notice to the holder (section 34P).

(3) In most cases, the APVMA must not suspend or cancel an approval

or registration without giving notice to the co-ordinators for other

jurisdictions (section 35).

(4) The APVMA may suspend or cancel an approval or registration:

(a) if it is necessary to prevent imminent risk to persons of death,

serious injury or serious illness (section 35A); or

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(b) if a condition of the approval or registration is contravened

(section 36); or

section 32, 33, 159, 160A or 161 to give the APVMA

information, a report or a sample (section 38); or

(d) if the holder has given information that is false or misleading

(section 38A); or

(e) if primary and secondary holders cannot agree on

compensation during the course of arbitration (section 39); or

(f) if it appears to the APVMA that the criteria for approval or

registration are not, or are no longer, satisfied (section 41); or

(g) at the request of the holder if the APVMA agrees with the

reasons for the request (section 42).

(5) A suspension must be for a stated period, and does not prevent

cancellation (section 43).

(6) Section 44 deals with inter-related suspensions and cancellations.

(7) Suspensions and cancellations are done by entries in the Record,

the Register and the relevant APVMA file (section 45).

(8) Notice of suspension and cancellation must be given to certain

persons and must be published in the Gazette (section 45A).

(9) If the APVMA suspends or cancels the approval of a constituent or

the registration of a product, then:

(a) certain persons are taken to have a permit to possess, have

custody of or use of the constituent or product for a limited

period (section 45B); and

(b) such persons may only supply the constituent or product in

accordance with instructions contained in the notice provided

by the APVMA under section 45A (section 45C).

(10) Section 46 sets out how suspensions and cancellations are revoked.

34P Notice of proposed suspension or cancellation to be given to

holder

(1) The APVMA must not suspend or cancel an approval or

registration unless it has given the holder a written notice that:

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(a) states that the APVMA proposes to suspend or cancel the

approval, or suspend or cancel the registration, as the case

may be; and

(b) sets out the reasons for the proposed suspension or

cancellation; and

specified in the notice, submissions to the APVMA in

relation to the proposed suspension or cancellation.

(2) The APVMA must not make a decision relating to the proposed

suspension or cancellation, as the case may be, until it has had

regard to any submission made by the person in response to an

invitation under paragraph (1)(c).

(3) A written notice under subsection (1) must specify the period of

the suspension.

(4) Subsection (1) does not apply to a suspension or cancellation under

section 34AA, 35A, 39 or 42.

102 Section 35 of the Code set out in the Schedule

Before "The APVMA", insert "(1)".

103 Section 35 of the Code set out in the Schedule

Omit "The APVMA", substitute "Subject to subsection (2), the

APVMA".

104 At the end of section 35 of the Code set out in the

Schedule

Add:

(2) Subsection (1) does not apply to a suspension or cancellation under

section 35A.

105 After section 35 of the Code set out in the Schedule

Insert:

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35A Suspension or cancellation of registration if imminent risk to

persons of death, serious injury or serious illness

(1) The APVMA may suspend or cancel the registration of a chemical

product if the APVMA considers that doing so is necessary to

prevent imminent risk to persons of death, serious injury or serious

illness.

Note:

Section 43 deals with the effect of suspension of registration.

(2) The APVMA may suspend or cancel the registration of the product

under subsection (1) whether or not the product is being used in

accordance with instructions for its use that the APVMA has

approved.

Note:

Sections 34P and 35 do not apply to a suspension or cancellation

under this section.

106 Section 37 of the Code set out in the Schedule

Repeal the section.

107 Section 38 of the Code set out in the Schedule (heading)

Repeal the heading, substitute:

38 Suspension of approval or registration for failing to give

information, results, report or sample to APVMA

108 Subsection 38(1) of the Code set out in the Schedule

Repeal the subsection, substitute:

(1) If the holder of an approval or registration fails, without reasonable

excuse, to comply with a requirement contained in a notice under

subsection 32(1) or section 33 or 159, or to comply with

section 160A or 161, the APVMA may suspend the approval or

registration.

109 Subsections 38(2) and (3) of the Code set out in the

Schedule

After "information,", insert "results,".

110 After section 38 of the Code set out in the Schedule

Insert:

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38A Suspension or cancellation of approval or registration for

providing false or misleading information

(1) The APVMA may suspend or cancel the approval of an active

constituent for a proposed or existing chemical product if:

(a) the holder has given information:

(i) in or in connection with an application for approval of

the constituent; or

(ii) in response to a notice under section 33 or 159; or

(iii) as required by section 160A or 161; and

(b) the information was false or misleading in a material

particular.

(2) The APVMA may suspend or cancel the registration of a chemical

product if:

(a) the holder has given information:

(i) in or in connection with an application for registration

of the product; or

(ii) in response to a notice under section 33 or 159; or

(iii) as required by section 160A or 161; and

(b) the information was false or misleading in a material

particular.

111 Paragraphs 39(1)(a) and (2)(a) of the Code set out in the

Schedule

Omit "applicant" (wherever occurring), substitute "holder".

112 At the end of section 39 of the Code set out in the

Schedule

Add:

Note:

Section 34P does not apply to a suspension or cancellation under this

section.

113 Section 41 of the Code set out in the Schedule

Repeal the section, substitute:

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41 Suspension or cancellation of approval or registration for

non-compliance with criteria for approval or registration

or prescribed requirements

(1) The APVMA may suspend or cancel the approval of an active

constituent for a proposed or existing chemical product, or the

registration of a chemical product, if it appears to the APVMA:

(a) for an active constituent--that the constituent may not meet

the safety criteria; or

(b) for a chemical product--that the product may not meet the

safety criteria, the trade criteria or the efficacy criteria; or

requirement prescribed by the regulations.

(2) The APVMA may suspend or cancel the approval of a label for

containers for a chemical product if it appears to the APVMA that

the label may not meet the labelling criteria or may not comply

with any requirement prescribed by the regulations.

114 Section 42 of the Code set out in the Schedule (heading)

Repeal the heading, substitute:

42 Cancellation of approval or registration at request of holder

115 Paragraph 42(1)(a) of the Code set out in the Schedule

Omit "interested person in relation to an approval or registration or an

approved person", substitute "holder".

116 At the end of section 42 of the Code set out in the

Schedule

Add:

Note:

Section 34P does not apply to a suspension or cancellation under this

section.

117 Subsection 44(1) of the Code set out in the Schedule

Omit "only approval, or all the approvals,", substitute "approval".

118 Subsection 45(1) of the Code set out in the Schedule

Omit "(1)".

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119 Subsection 45(1) of the Code set out in the Schedule

Omit "relevant Record or Register or recording in the relevant file",

substitute "Record or Register (as appropriate) or recording in the

relevant APVMA file".

120 Section 45A of the Code set out in the Schedule

Repeal the section, substitute:

45A Notice of suspension or cancellation

(1) If the APVMA suspends or cancels the approval of an active

constituent, the registration of a chemical product or the approval

of a label, it must:

(a) give written notice of the suspension or cancellation to the

holder and to any other person to whom, in its opinion, such

a notice should be given; and

(b) publish in the Gazette, and in any other manner that it thinks

appropriate, notice of the suspension or cancellation

containing any information that it thinks relevant.

(2) A notice under subsection (1):

(a) must include a statement that the APVMA will publish a

notice of the suspension or cancellation in the Gazette; and

(b) in respect of a suspension or cancellation of the approval of

an active constituent for a proposed or existing chemical

product or the registration of a chemical product--must

contain the following matters:

(i) brief reasons for the suspension or cancellation;

(ii) instructions for possessing, having custody of or using

the constituent or product;

(iii) a warning of the consequences of failing to comply with

the instructions, including a statement of any period

after which it will be an offence against this Code to

supply the constituent or product or to possess or have

custody of the constituent or product with the intention

of supplying it;

(iv) any other warnings or explanations in relation to the

constituent or product that the APVMA thinks desirable.

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(3) If the reason, or one of the reasons, for the suspension or

cancellation was:

(a) for an active constituent--that the constituent may not meet

the safety criteria; or

(b) for a chemical product--that the product may not meet the

safety criteria, the trade criteria or the efficacy criteria; or

the notice published in the Gazette must contain a statement to that

effect and must include the matters mentioned in

subparagraphs (2)(b)(ii), (iii) and (iv).

(4) Subsection (1) does not require notice of the cancellation under

section 42 of an approval or registration to be given to the holder

who requested the cancellation.

45B Permit taken to have been issued

Holder and certain persons taken to have permit

(1) If notice of the suspension or cancellation is given to a holder or

other person under paragraph 45A(1)(a), the holder or person is

taken to have been issued with a permit to possess, have custody of

or use the constituent or product, or the product as labelled, in

accordance with the instructions contained in the notice.

(2) A permit that is taken to have been issued under subsection (1)

remains in force until:

(a) 1 year after the day of the suspension or cancellation; or

(b) the APVMA revokes the suspension or cancellation; or

this subsection ceases to apply in respect of the constituent or

product;

whichever first occurs.

Certain persons who possess etc. constituent or product taken to

have permit

(3) If notice of the suspension or cancellation is published under

paragraph 45A(1)(b), a person who possesses, has custody of or

uses the constituent or product, or the product as labelled, in

accordance with the instructions contained in the notice, is taken to

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have been issued with a permit to possess, have custody of or use

the constituent or product, or product as labelled, in accordance

with those instructions.

(4) A permit that is taken to have been issued under subsection (3)

remains in force until whichever of the events mentioned in

paragraph (2)(a), (b) or (c) first occurs.

Deemed permit does not authorise manufacture or import

(5) A permit that is taken to have been issued to a holder or other

person under subsection (1) or (3) does not authorise the holder or

person to manufacture or import the constituent or product.

45C Possession or custody with intention of supply

(1) This section applies if a person has possession or custody of the

constituent or product with the intention of supplying it.

(2) If notice of the suspension or cancellation is:

(a) given to the person under paragraph 45A(1)(a); or

(b) published under paragraph 45A(1)(b);

the person may only possess, have custody of or otherwise deal

with the constituent or product if the possession, custody or dealing

is in accordance with the instructions contained in the notice.

(3) Subsection (2) does not apply to a possession, custody or dealing if

the constituent was an approved active constituent or the product

was a registered chemical product or a reserved chemical product

when the possession, custody or use took place because of its

having been approved or registered or having become reserved

after its previous approval or registration had been cancelled.

(4) Subsection (2) does not apply to a person (other than a person to

whom a notice is given under paragraph 45A(1)(a)) if the person

proves that, when the person possessed, had custody of or

otherwise dealt with the constituent or product, the person did not

know, and could not reasonably be expected to have known, of the

existence of the notice published in the Gazette or that the

possession, custody or dealing was not in accordance with the

instructions contained in the Gazette notice.

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(5) A person commits an offence if the person contravenes

subsection (2).

Penalty: 300 penalty units.

Note 1:

A defendant bears an evidential burden in relation to the matter in

subsection (3). See subsection 13.3(3) of the Criminal Code.

Note 2:

A defendant bears a legal burden in relation to the matter in

subsection (4). See section 13.4 of the Criminal Code.

(6) For the purposes of subsection (5), strict liability applies to the

physical elements of circumstance:

(a) in paragraph (2)(a), that the notice is a notice given to the

person under paragraph 45A(1)(a); and

(b) in paragraph (2)(b), that the publishing of the notice was

under paragraph 45A(1)(b).

Note:

For strict liability, see section 6.1 of the Criminal Code.

(7) Subsection (2) is a civil penalty provision.

Note 1:

Division 2 of Part 9A provides for pecuniary penalties for

contraventions of civil penalty provisions.

Note 2:

For the evidential burden in civil penalty proceedings in relation to the

matter in subsection (3), see section 145CD.

121 Subsection 46(1) of the Code set out in the Schedule

Omit "relevant Record or Register", substitute "Record or Register (as

appropriate)".

122 Subsection 46(2) of the Code set out in the Schedule

Repeal the subsection, substitute:

(2) If the APVMA revokes the suspension or cancellation of an

approval or registration, it must, within 14 days:

(a) give written notice of the revocation to the holder and to any

other person to whom, in its opinion, such a notice should be

given; and

(b) publish in the Gazette, and in any other manner that it thinks

appropriate, notice of the revocation containing any

information that it thinks relevant.

123 Subsection 74(1) of the Code set out in the Schedule

(penalty)

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Repeal the penalty.

124 Subsection 74(1) of the Code set out in the Schedule

(note)

Repeal the note.

125 After subsection 74(2) of the Code set out in the

Schedule

Insert:

(2A) A person commits an offence if the person contravenes

subsection (1).

Penalty: 200 penalty units.

Note:

A defendant bears an evidential burden in relation to the matters in

paragraphs (1)(a) to (d). See subsection 13.3(3) of the Criminal Code.

126 Subsection 74(3) of the Code set out in the Schedule

Omit "subsection (1)", substitute "subsection (2A)".

127 After subsection 74(3) of the Code set out in the

Schedule

Insert:

(3A) Subsection (1) is a civil penalty provision.

Note 1:

Division 2 of Part 9A provides for pecuniary penalties for

contraventions of civil penalty provisions.

Note 2:

For the evidential burden in civil penalty proceedings in relation to the

matters in paragraphs (1)(a) to (d), see section 145CD.

128 Subsection 75(1) of the Code set out in the Schedule

(penalty)

Repeal the penalty.

129 Subsection 75(1) of the Code set out in the Schedule

(note)

Repeal the note.

130 After subsection 75(2) of the Code set out in the

Schedule

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Insert:

(2A) A person commits an offence if the person contravenes

subsection (1).

Penalty: 200 penalty units.

Note:

A defendant bears an evidential burden in relation to the matters in

paragraphs (1)(a) to (c). See subsection 13.3(3) of the Criminal Code.

131 Subsection 75(3) of the Code set out in the Schedule

Omit "subsection (1)", substitute "subsection (2A)".

132 After subsection 75(3) of the Code set out in the

Schedule

Insert:

(3A) Subsection (1) is a civil penalty provision.

Note 1:

Division 2 of Part 9A provides for pecuniary penalties for

contraventions of civil penalty provisions.

Note 2:

For the evidential burden in civil penalty proceedings in relation to the

matters in paragraphs (1)(a) to (c), see section 145CD.

133 Subsection 76(1) of the Code set out in the Schedule

(penalty)

Repeal the penalty.

134 Subsection 76(1) of the Code set out in the Schedule

(note)

Repeal the note.

135 After subsection 76(2) of the Code set out in the

Schedule

Insert:

(2A) A person commits an offence if the person contravenes

subsection (1).

Penalty: 300 penalty units.

Note:

A defendant bears an evidential burden in relation to the matters in

paragraphs (1)(a) to (c). See subsection 13.3(3) of the Criminal Code.

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136 Subsection 76(3) of the Code set out in the Schedule

Omit "subsection (1)", substitute "subsection (2A)".

137 After subsection 76(3) of the Code set out in the

Schedule

Insert:

(3A) Subsection (1) is a civil penalty provision.

Note 1:

Division 2 of Part 9A provides for pecuniary penalties for

contraventions of civil penalty provisions.

Note 2:

For the evidential burden in civil penalty proceedings in relation to the

matters in paragraphs (1)(a) to (c), see section 145CD.

138 Subsection 77(1) of the Code set out in the Schedule

(penalty)

Repeal the penalty.

139 Subsection 77(1) of the Code set out in the Schedule

(note)

Repeal the note.

140 After subsection 77(1) of the Code set out in the

Schedule

Insert:

(1A) A person commits an offence if the person contravenes

subsection (1).

Penalty: 300 penalty units.

Note:

The defendant bears an evidential burden in relation to establishing

that the supply is in accordance with the conditions or is authorised by

a permit. See subsection 13.3(3) of the Criminal Code.

141 Subsection 77(2) of the Code set out in the Schedule

Omit "subsection (1)", substitute "subsection (1A)".

142 At the end of section 77 of the Code set out in the

Schedule

Add:

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(4) Subsection (1) is a civil penalty provision.

Note 1:

Division 2 of Part 9A provides for pecuniary penalties for

contraventions of civil penalty provisions.

Note 2:

For the evidential burden in civil penalty proceedings in relation to

establishing that the supply is in accordance with the conditions or is

authorised by a permit, see section 145CD.

143 Subsection 78(1) of the Code set out in the Schedule

(penalty)

Repeal the penalty.

144 Subsection 78(1) of the Code set out in the Schedule

(note)

Repeal the note.

145 After subsection 78(2) of the Code set out in the

Schedule

Insert:

(2A) A person commits an offence if the person contravenes

subsection (1).

Penalty: 300 penalty units.

Note:

A defendant bears an evidential burden in relation to the matters in

paragraphs (1)(a) to (c). See subsection 13.3(3) of the Criminal Code.

146 Subsection 78(3) of the Code set out in the Schedule

Omit "subsection (1)", substitute "subsection (2A)".

147 After subsection 78(3) of the Code set out in the

Schedule

Insert:

(3A) Subsection (1) is a civil penalty provision.

Note 1:

Division 2 of Part 9A provides for pecuniary penalties for

contraventions of civil penalty provisions.

Note 2:

For the evidential burden in civil penalty proceedings in relation to the

matters in paragraphs (1)(a) to (c), see section 145CD.

148 Subsection 79(1) of the Code set out in the Schedule

(penalty)

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Repeal the penalty.

149 Subsection 79(1) of the Code set out in the Schedule

(note)

Repeal the note.

150 After subsection 79(1) of the Code set out in the

Schedule

Insert:

(1A) A person commits an offence if the person contravenes

subsection (1).

Penalty: 300 penalty units.

Note:

The defendant bears an evidential burden in relation to establishing

that the supply is in accordance with the conditions or is authorised by

a permit. See subsection 13.3(3) of the Criminal Code.

151 Subsection 79(2) of the Code set out in the Schedule

Omit "subsection (1)", substitute "subsection (1A)".

152 At the end of section 79 of the Code set out in the

Schedule

Add:

(3) Subsection (1) is a civil penalty provision.

Note 1:

Division 2 of Part 9A provides for pecuniary penalties for

contraventions of civil penalty provisions.

Note 2:

For the evidential burden in civil penalty proceedings in relation to

establishing that the supply is in accordance with the conditions or is

authorised by a permit, see section 145CD.

153 Section 79A of the Code set out in the Schedule

Repeal the section.

154 Subsection 79B(1) of the Code set out in the Schedule

(penalty)

Repeal the penalty.

155 After subsection 79B(1) of the Code set out in the

Schedule

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2012

Insert:

(1A) A person commits an offence if the person contravenes

subsection (1).

Penalty: 300 penalty units.

156 At the end of section 79B of the Code set out in the

Schedule

Add:

(3) Subsection (1) is a civil penalty provision.

Note:

Division 2 of Part 9A provides for pecuniary penalties for

contraventions of civil penalty provisions.

157 Subsection 80(1) of the Code set out in the Schedule

(penalty)

Repeal the penalty.

158 Subsection 80(1) of the Code set out in the Schedule

(note)

Repeal the note.

159 After subsection 80(1) of the Code set out in the

Schedule

Insert:

(1A) A person commits an offence if the person contravenes

subsection (1).

Penalty: 300 penalty units.

Note:

A defendant bears an evidential burden in relation to establishing that

the supply is authorised by a permit. See subsection 13.3(3) of the

Criminal Code.

160 Subsection 80(2) of the Code set out in the Schedule

Omit "subsection (1)", substitute "subsection (1A)".

161 At the end of section 80 of the Code set out in the

Schedule

Add:

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(3) Subsection (1) is a civil penalty provision.

Note 1:

Division 2 of Part 9A provides for pecuniary penalties for

contraventions of civil penalty provisions.

Note 2:

For the evidential burden in civil penalty proceedings in relation

establishing that the supply is authorised by a permit, see

section 145CD.

162 Subsection 81(1) of the Code set out in the Schedule

(penalty)

Repeal the penalty.

163 After subsection 81(1) of the Code set out in the

Schedule

Insert:

(1A) A person commits an offence if the person contravenes

subsection (1).

Penalty: 300 penalty units.

Note:

A defendant bears an evidential burden in relation to the matter in

subsection (3). See subsection 13.3(3) of the Criminal Code.

164 Subsection 81(2) of the Code set out in the Schedule

Omit "subsection (1)", substitute "subsection (1A)".

165 At the end of section 81 of the Code set out in the

Schedule

Add:

(4) Subsection (1) is a civil penalty provision.

Note 1:

Division 2 of Part 9A provides for pecuniary penalties for

contraventions of civil penalty provisions.

Note 2:

For the evidential burden in civil penalty proceedings in relation to the

matter in subsection (3), see section 145CD.

166 Section 82 of the Code set out in the Schedule

Repeal the section.

167 Subsection 83(1) of the Code set out in the Schedule

(penalty)

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Repeal the penalty.

168 After subsection 83(1) of the Code set out in the

Schedule

Insert:

(1A) A person commits an offence if the person contravenes

subsection (1).

Penalty: 300 penalty units.

Note:

The defendant bears an evidential burden in relation to the matter in

subsection (2). See subsection 13.3(3) of the Criminal Code.

169 Subsection 83(2) of the Code set out in the Schedule

Omit "Subsection (1)", substitute "Subsection (1A)".

170 At the end of section 83 of the Code set out in the

Schedule

Add:

(3) Subsection (1) is a civil penalty provision.

Note:

Division 2 of Part 9A provides for pecuniary penalties for

contraventions of civil penalty provisions.

171 Subsection 84(1) of the Code set out in the Schedule

(penalty)

Repeal the penalty.

172 Paragraph 84(2)(b) of the Code set out in the Schedule

Omit "section 55", substitute "paragraph 45A(1)(b)".

173 After subsection 84(3) of the Code set out in the

Schedule

Insert:

(3A) A person commits an offence if the person contravenes

subsection (1).

Penalty: 300 penalty units.

174 Subsection 84(4) of the Code set out in the Schedule

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Omit "Subsection (1)", substitute "Subsection (3A)".

175 At the end of section 84 of the Code set out in the

Schedule

Add:

(5) Subsection (1) is a civil penalty provision.

Note 1:

Division 2 of Part 9A provides for pecuniary penalties for

contraventions of civil penalty provisions.

Note 2:

For the evidential burden in civil penalty proceedings in relation to the

matter in subsection (3), see section 145CD.

176 Subsection 85(1) of the Code set out in the Schedule

(penalty)

Repeal the penalty.

177 Subsection 85(2) of the Code set out in the Schedule

Omit "section 55", substitute "paragraph 45A(1)(b)".

178 After subsection 85(3) of the Code set out in the

Schedule

Insert:

(3A) A person commits an offence if the person contravenes

subsection (1).

Penalty: 300 penalty units.

179 Subsection 85(4) of the Code set out in the Schedule

Omit "Subsection (1)", substitute "Subsection (3A)".

180 At the end of section 85 of the Code set out in the

Schedule

Add:

(6) Subsection (1) is a civil penalty provision.

Note 1:

Division 2 of Part 9A provides for pecuniary penalties for

contraventions of civil penalty provisions.

Note 2:

For the evidential burden in civil penalty proceedings in relation to the

matter in subsection (3), see section 145CD.

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181 Subsection 86(1) of the Code set out in the Schedule

Omit "commits an offence", substitute "contravenes this subsection".

182 Subsection 86(1) of the Code set out in the Schedule

(penalty)

Repeal the penalty.

183 After subsection 86(1) of the Code set out in the

Schedule

Insert:

(1A) A person commits an offence if the person contravenes

subsection (1).

Penalty: 300 penalty units.

184 Subsection 86(2) of the Code set out in the Schedule

Omit "commits an offence", substitute "contravenes this subsection".

185 Subsection 86(2) of the Code set out in the Schedule

(penalty)

Repeal the penalty.

186 After subsection 86(2) of the Code set out in the

Schedule

Insert:

(2A) A person commits an offence if the person contravenes

subsection (2).

Penalty: 300 penalty units.

187 After subsection 86(3) of the Code set out in the

Schedule

Insert:

(3A) Subsections (1) and (2) do not apply:

(a) if a person acts in accordance with a direction given to the

person under:

(i) subsection 131A(1) or 132A(1) of this Code; or

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183

(ii) subsection 69EAC(1) or 69EBA(1) of the Agricultural

and Veterinary Chemicals (Administration) Act 1992; or

(b) to the extent that the person is authorised by a permit to

engage in the conduct concerned.

188 Subsection 86(4) of the Code set out in the Schedule

Omit "Subsection (1) and (2)", substitute "Subsections (1A) and (2A)".

189 Subsection 86(4) of the Code set out in the Schedule

(note)

Omit "matter in subsection (4)", substitute "matters in subsections (3),

(3A) and (4)".

190 At the end of section 86 of the Code set out in the

Schedule

Add:

(5) Subsections (1) and (2) are civil penalty provisions.

Note 1:

Division 2 of Part 9A provides for pecuniary penalties for

contraventions of civil penalty provisions.

Note 2:

For the evidential burden in civil penalty proceedings in relation to the

matters in subsections (3) and (3A), see section 145CD.

191 Subsection 87(2) of the Code set out in the Schedule

(penalty)

Repeal the penalty.

192 After subsection 87(3) of the Code set out in the

Schedule

Insert:

(3A) A person commits an offence if the person contravenes

subsection (2).

Penalty: 300 penalty units.

193 Subsection 87(4) of the Code set out in the Schedule

Omit "Subsection (2)", substitute "Subsection (3A)".

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194 At the end of section 87 of the Code set out in the

Schedule

Add:

(5) Subsection (2) is a civil penalty provision.

Note 1:

Division 2 of Part 9A provides for pecuniary penalties for

contraventions of civil penalty provisions.

Note 2:

For the evidential burden in civil penalty proceedings in relation to the

matter in subsection (3), see section 145CD.

195 Section 87A of the Code set out in the Schedule

Repeal the section.

196 Subsection 88(2) of the Code set out in the Schedule

(penalty)

Repeal the penalty.

197 Subsection 88(2) of the Code set out in the Schedule

(note)

Repeal the note.

198 After subsection 88(2) of the Code set out in the

Schedule

Insert:

(2A) A person commits an offence if the person contravenes

subsection (2).

Penalty: 50 penalty units.

Note:

A defendant bears an evidential burden in relation to the matters in

paragraphs (2)(c) and (d). See subsection 13.3(3) of the Criminal

Code.

199 Subsection 88(3) of the Code set out in the Schedule

Omit "subsection (2)", substitute "subsection (2A)".

200 At the end of section 88 of the Code set out in the

Schedule

Add:

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(4) Subsection (2) is a civil penalty provision.

Note 1:

Division 2 of Part 9A provides for pecuniary penalties for

contraventions of civil penalty provisions.

Note 2:

For the evidential burden in civil penalty proceedings in relation to the

matters in paragraphs (2)(c) and (d), see section 145CD.

201 Subsection 89(1) of the Code set out in the Schedule

(penalty)

Repeal the penalty.

202 After subsection 89(5) of the Code set out in the

Schedule

Insert:

(5A) A person commits an offence if the person contravenes

subsection (1).

Penalty: 50 penalty units.

203 Subsection 89(6) of the Code set out in the Schedule

Omit "Subsection (1)", substitute "Subsection (5A)".

204 At the end of section 89 of the Code set out in the

Schedule

Add:

(8) Subsection (1) is a civil penalty provision.

Note:

Division 2 of Part 9A provides for pecuniary penalties for

contraventions of civil penalty provisions.

205 Paragraph 90(1)(a) of the Code set out in the Schedule

Omit "as soon as practicable make a record in or to the effect of",

substitute "within 28 days make a record in".

206 Subsection 90(1) of the Code set out in the Schedule

(penalty)

Repeal the penalty.

207 After subsection 90(1) of the Code set out in the

Schedule

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2012

Insert:

(1A) A person commits an offence if the person contravenes

subsection (1).

Penalty: 120 penalty units.

208 Subsection 90(2) of the Code set out in the Schedule

Omit "Subsection (1)", substitute "Subsection (1A)".

209 At the end of section 90 of the Code set out in the

Schedule

Add:

(4) Subsection (1) is a civil penalty provision.

Note:

Division 2 of Part 9A provides for pecuniary penalties for

contraventions of civil penalty provisions.

210 After subsection 91(1A) of the Code set out in the

Schedule

Insert:

(1AA) A person commits an offence if the person contravenes

subsection (1).

Penalty: 120 penalty units.

211 Subsection 91(1B) of the Code set out in the Schedule

Omit "Subsection (1)", substitute "Subsection (1AA)".

212 Subsection 91(1C) of the Code set out in the Schedule

Omit "In subsection (1)", substitute "For the purposes of

subsection (1AA)".

213 After subsection 91(1C) of the Code set out in the

Schedule

Insert:

(1D) Subsection (1) is a civil penalty provision.

Note 1:

Division 2 of Part 9A provides for pecuniary penalties for

contraventions of civil penalty provisions.

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187

Note 2:

For the evidential burden in civil penalty proceedings in relation to the

matters in subsection (1A), see section 145CD.

214 Subsection 91(2) of the Code set out in the Schedule

(penalty)

Repeal the penalty.

215 After subsection 91(2) of the Code set out in the

Schedule

Insert:

(2A) A person commits an offence if the person contravenes

subsection (1).

Penalty: 120 penalty units.

Note:

The defendant bears an evidential burden in relation to the matters in

paragraphs (2)(a) and (b). See subsection 13.3(3) of the Criminal

Code.

216 Subsection 91(3) of the Code set out in the Schedule

Omit "Subsection (2)", substitute "Subsection (2A)".

217 At the end of section 91 of the Code set out in the

Schedule

Add:

(4) Subsection (2) is a civil penalty provision.

Note 1:

Division 2 of Part 9A provides for pecuniary penalties for

contraventions of civil penalty provisions.

Note 2:

For the evidential burden in civil penalty proceedings in relation to the

matters in paragraphs (2)(a) and (b), see section 145CD.

218 Subsection 92(2) of the Code set out in the Schedule

(penalty)

Repeal the penalty.

219 After subsection 92(2) of the Code set out in the

Schedule

Insert:

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2012

(2A) A person commits an offence if the person contravenes

subsection (1).

Penalty: 120 penalty units.

Note:

The defendant bears an evidential burden in relation to the matters in

subsection (2). See subsection 13.3(3) of the Criminal Code.

220 Subsection 92(3) of the Code set out in the Schedule

Omit "Subsection (1)", substitute "Subsection (2A)".

221 At the end of section 92 of the Code set out in the

Schedule

Add:

(4) Subsection (1) is a civil penalty provision.

Note 1:

Division 2 of Part 9A provides for pecuniary penalties for

contraventions of civil penalty provisions.

Note 2:

For the evidential burden in civil penalty proceedings in relation to the

matter in subsection (2), see section 145CD.

222 Subsection 94(1) of the Code set out in the Schedule

(penalty)

Repeal the penalty.

223 After subsection 94(1) of the Code set out in the

Schedule

Insert:

(1A) A person commits an offence if the person contravenes

subsection (1).

Penalty: 120 penalty units.

224 Subsection 94(2) of the Code set out in the Schedule

Omit "Subsection (1)", substitute "Subsection (1A)".

225 At the end of section 94 of the Code set out in the

Schedule

Add:

(3) Subsection (1) is a civil penalty provision.

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189

Note:

Division 2 of Part 9A provides for pecuniary penalties for

contraventions of civil penalty provisions.

226 Subsection 95(1) of the Code set out in the Schedule

(penalty)

Repeal the penalty.

227 After subsection 95(1) of the Code set out in the

Schedule

Insert:

(1A) A person commits an offence if the person contravenes

subsection (1).

Penalty: 120 penalty units.

228 Subsection 95(2) of the Code set out in the Schedule

Omit "Subsection (1)", substitute "Subsection (1A)".

229 At the end of section 95 of the Code set out in the

Schedule

Insert:

(3) Subsection (1) is a civil penalty provision.

Note:

Division 2 of Part 9A provides for pecuniary penalties for

contraventions of civil penalty provisions.

230 Subsection 97(1) of the Code set out in the Schedule

Omit "paragraph 131(1)(c) or 132(1)(d)", substitute "section 131A or

132A".

231 Subsection 97(2) of the Code set out in the Schedule

Omit "or to the effect of".

232 Subsection 97(7) of the Code set out in the Schedule

Omit "section 131 or 132", substitute "an investigation warrant".

233 Subsection 97(7) of the Code set out in the Schedule

Omit "paragraph 131(1)(c) or 132(1)(d)", substitute "section 131A or

132A".

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234 Subsection 98(1) of the Code set out in the Schedule

Omit "or to the effect of".

235 Subsection 98(6) of the Code set out in the Schedule

Omit "section 131 or 132", substitute "an investigation warrant".

236 Subsection 98(6) of the Code set out in the Schedule

Omit "paragraph 131(1)(c) or 132(1)(d)", substitute "section 131A or

132A".

237 After subsection 99(3) of the Code set out in the

Schedule

Insert:

(3A) This section also applies if a person has possession or custody of a

substance or mixture of substances that is intended for supply as an

active constituent, under a particular name, for a proposed or

existing chemical product.

(3B) If an active constituent having that name is approved under

Division 2 of Part 2 and the APVMA, on the advice of an

inspector, reasonably suspects that:

(a) the constituents of the substance or mixture differ by more

than the prescribed extent from the constituents stated in

relation to the active constituent in the Record; or

(b) the concentration of the constituents of the substance or

mixture differs by more than the prescribed extent from the

concentration of the constituents stated in relation to the

active constituent in the Record; or

mixture differs by more than the prescribed extent from the

composition or purity of that constituent stated in relation to

the active constituent in the Record;

the APVMA may, by written notice given to the person, require the

person to have the substance or mixture analysed to find out its

constituents, their concentration and the composition and purity of

each of them.

238 Subsection 99(4) of the Code set out in the Schedule

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Omit "subsections (2) and (3), a notice given to a person under either",

substitute "subsections (2), (3) and (3B), a notice given to a person

under any".

239 Subsection 99(5) of the Code set out in the Schedule

Omit "subsection (2) or (3)", substitute "subsection (2), (3) or (3B)".

240 Subsection 99(5) of the Code set out in the Schedule

(penalty)

Repeal the penalty.

241 After subsection 99(5) of the Code set out in the

Schedule

Insert:

(5AA) A person commits an offence of strict liability if the person

contravenes subsection (5).

Penalty: 120 penalty units.

Note:

For strict liability, see section 6.1 of the Criminal Code.

242 Subsection 99(5A) of the Code set out in the Schedule

Omit "Subsection (5)", substitute "Subsection (5AA)".

243 Subsection 99(5B) of the Code set out in the Schedule

Repeal the subsection, substitute:

(5B) Subsection (5) is a civil penalty provision.

Note:

Division 2 of Part 9A provides for pecuniary penalties for

contraventions of civil penalty provisions.

244 Subsection 105(1) of the Code set out in the Schedule

(penalty)

Repeal the penalty.

245 After subsection 105(1) of the Code set out in the

Schedule

Insert:

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(1A) A person commits an offence of strict liability if the person

contravenes subsection (1).

Penalty: 120 penalty units.

Note:

For strict liability, see section 6.1 of the Criminal Code.

246 Subsection 105(2) of the Code set out in the Schedule

Omit "Subsection (1)", substitute "Subsection (1A)".

247 Subsection 105(3) of the Code set out in the Schedule

Repeal the subsection, substitute:

(3) Subsection (1) is a civil penalty provision.

Note:

Division 2 of Part 9A provides for pecuniary penalties for

contraventions of civil penalty provisions.

248 Section 109 of the Code set out in the Schedule

(paragraph (a) of the definition of permit)

Repeal the paragraph, substitute:

(a) an offence against section 74, 75, 76, 77, 78, 79, 79B, 80, 81,

84, 85, 86, 87 or 91 or subsection 121(4A) or (5A); or

249 At the end of section 109 of the Code set out in the

Schedule

Add:

; or (c) a contravention of a civil penalty provision mentioned in

section 74, 75, 76, 77, 78, 79, 79A, 79B, 80, 81, 84, 85, 86,

87 or 91 or a contravention of the civil penalty provision set

out in subsection 121(4) or (5).

250 Subsection 115(1) of the Code set out in the Schedule

After "section 119", insert ", 119A or 119B".

251 Section 116 of the Code set out in the Schedule

(heading)

Repeal the heading, substitute:

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116 Effect of permit and compliance with conditions of permit

252 After subsection 116(3) of the Code set out in the

Schedule

Insert:

(3A) A person to whom a permit applies must not contravene a

condition of the permit.

(3B) A person commits an offence if the person contravenes

subsection (3A).

Penalty: 300 penalty units.

(3C) Subsection (3A) is a civil penalty provision.

Note:

Division 2 of Part 9A provides for pecuniary penalties for

contraventions of civil penalty provisions..

253 After section 117 of the Code set out in the Schedule

Insert:

117A Notice of proposed suspension or cancellation to be given to

permit holder

(1) Subject to subsection (4), the APVMA must not suspend or cancel

a permit unless it has given the permit holder a written notice that:

(a) states that the APVMA proposes to suspend or cancel the

approval, or suspend or cancel the registration, as the case

may be; and

(b) sets out the reasons for the proposed suspension or

cancellation; and

specified in the notice, submissions to the APVMA in

relation to the proposed suspension or cancellation.

(2) The APVMA must not make a decision relating to the proposed

suspension or cancellation, as the case may be, until it has had

regard to any submission made by the permit holder in response to

an invitation under paragraph (1)(c).

(3) A written notice under subsection (1) must specify the period of

the proposed suspension.

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(4) Subsection (1) does not apply to a suspension or cancellation under

section 119A.

254 Section 118 of the Code set out in the Schedule

(heading)

Repeal the heading, substitute:

118 Suspension of permit--general grounds

255 Subsection 118(1) of the Code set out in the Schedule

Repeal the subsection, substitute:

(1) The APVMA may, by written notice given to the holder of a

permit, suspend the permit if it appears to the APVMA:

(a) for an active constituent--that the constituent may not meet

the safety criteria; or

(b) for a chemical product--that the product may not meet the

safety criteria, the trade criteria or the efficacy criteria; or

accordance with the permit is inappropriate for any other

reason; or

(d) that the holder has contravened a condition of the permit.

256 Subsection 118(7) of the Code set out in the Schedule

Omit "brief particulars of".

257 Section 119 of the Code set out in the Schedule

(heading)

Repeal the heading, substitute:

119 Cancellation of permit--general grounds

258 Subsection 119(1) of the Code set out in the Schedule

Repeal the subsection, substitute:

(1) The APVMA, by written notice given to the holder of a permit,

may cancel the permit if it appears to the APVMA:

(a) for an active constituent--that the constituent may not meet

the safety criteria; or

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(b) for a chemical product--that the product may not meet the

safety criteria, the trade criteria or the efficacy criteria; or

accordance with the permit is inappropriate for any other

reason.

259 Subsection 119(4) of the Code set out in the Schedule

Repeal the subsection, substitute:

(4) The APVMA may, by written notice given to the holder of a

permit, cancel the permit if the APVMA is satisfied that:

(a) the holder has contravened a condition of the permit; or

(b) at least one of the following persons:

(i)

the

holder;

(ii) any other person who makes, or participates in making,

decisions that affect the whole, or a substantial part, of

the holder's affairs;

(iii) if the holder is a body corporate--a major interest

holder of the body corporate;

has, within the 10 years immediately before the notice is

given:

(iv) been convicted of an offence against an agvet law of

this or another jurisdiction; or

(v) been convicted of an offence against a law of this or

another jurisdiction relating to chemical products; or

(vi) been convicted of an offence against a law of the

Commonwealth or a law of a State or Territory

involving fraud or dishonesty; or

(vii) been ordered to pay a pecuniary penalty for the

contravention of an agvet penalty provision; or

(viii) been ordered to pay a pecuniary penalty for the

contravention of another law of this or another

jurisdiction relating to chemical products; or

(ix) been ordered to pay a pecuniary penalty for the

contravention of a civil penalty provision of a law of the

Commonwealth or a law of a State or Territory

involving fraud or dishonesty; or

(x) held a permit that was cancelled under subsection

119(2) or section 119B of this Code or under a

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corresponding provision of the Agvet Code of another

jurisdiction; or

(xi) been a manager, or a major interest holder, of a body

corporate in respect of which subparagraph (iv), (v),

(vi), (vii), (viii), (ix) or (x) applies, if the conduct

resulting in that subparagraph applying occurred when

the person was a manager or major interest holder of the

body corporate.

(4A) A reference in paragraph (4)(b) to a person convicted of an offence

includes a reference to a person in respect of whom an order has

been made relating to the offence under:

(a) section 19B of the Crimes Act 1914; or

(b) a corresponding provision of a law of a State or Territory.

Note:

Section 19B of the Crimes Act 1914 empowers a court that has found

a person to have committed an offence to take action without

proceeding to record a conviction.

260 Subsection 119(7) of the Code set out in the Schedule

Omit "brief particulars of".

261 After section 119 of the Code set out in the Schedule

Insert:

119A Suspension or cancellation of permit--imminent risk to

persons of death, serious injury or serious illness

(1) The APVMA may, by written notice to the holder of a permit,

suspend or cancel the permit if the APVMA considers that doing

so is necessary to prevent imminent risk to persons of death,

serious injury or serious illness.

(2) The APVMA may suspend or cancel the permit whether or not the

conditions of the permit have been, or are being, complied with.

(3) A notice under subsection (1) must specify the period of the

suspension.

Note:

Section 117A does not apply to a suspension or cancellation under this

section.

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119B Suspension or cancellation of permit--providing false or

misleading information

The APVMA may suspend or cancel a permit if:

(a) the holder of the permit has given information:

(i) in or in connection with an application for the permit; or

(ii) in response to a notice under section 159; or

(iii) as required by section 160A or 161; and

(b) the information was false or misleading in a material

particular.

262 Subsection 120(3) of the Code set out in the Schedule

Repeal the subsection, substitute:

(3) A licensee is required to comply with conditions imposed on a

licence by the APVMA in relation to the manufacture of chemical

products. A licence is also subject to various statutory conditions.

263 Subsection 121(2) of the Code set out in the Schedule

Repeal the subsection.

264 Subsection 121(3) of the Code set out in the Schedule

(penalty)

Repeal the penalty.

265 After subsection 121(3) of the Code set out in the

Schedule

Insert:

(3A) A person commits an offence of strict liability if the person

contravenes subsection (3).

Penalty: 240 penalty units.

Note:

For strict liability, see section 6.1 of the Criminal Code.

266 Paragraph 121(4)(c) of the Code set out in the Schedule

Repeal the paragraph, substitute:

that step in relation to the product at those premises.

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267 Subsection 121(4) of the Code set out in the Schedule

(penalty)

Repeal the penalty.

268 After subsection 121(4) of the Code set out in the

Schedule

Insert:

(4A) A person commits an offence of strict liability if the person

contravenes subsection (4).

Penalty: 240 penalty units.

Note:

For strict liability, see section 6.1 of the Criminal Code.

269 At the end of subsection 121(5) of the Code set out in the

Schedule

Add "unless the person holds a permit that authorises the conduct that

would contravene the condition of the licence".

270 Subsection 121(5) of the Code set out in the Schedule

(penalty)

Repeal the penalty.

271 After subsection 121(5) of the Code set out in the

Schedule

Insert:

(5A) A person commits an offence of strict liability if the person

contravenes subsection (5).

Penalty: 120 penalty units.

Note:

For strict liability, see section 6.1 of the Criminal Code.

272 Subsection 121(6) of the Code set out in the Schedule

Omit "Subsections (3), (4) and (5)", substitute "Subsections (3A), (4A)

and (5A)".

273 Subsection 121(7) of the Code set out in the Schedule

Repeal the subsection, substitute:

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(7) Subsections (3), (4) and (5) are civil penalty provisions.

Note:

Division 2 of Part 9A provides for pecuniary penalties for

contraventions of civil penalty provisions.

274 After paragraph 126(4)(a) of the Code set out in the

Schedule

Insert:

(aa) allow an inspector to enter premises at which the chemical

products are manufactured and to exercise the monitoring

powers under section 131A in relation to premises; and

275 Paragraphs 127(1)(a), (b) and (c) of the Code set out in

the Schedule

Repeal the paragraphs, substitute:

(a) the APVMA is satisfied that at least one of the following

persons:

(i) the holder of the licence;

(ii) any other person who makes, or participates in making,

decisions that affect the whole, or a substantial part, of

the holder's affairs;

(iii) if the holder is a body corporate--a major interest

holder of the body corporate;

has, within the 10 years immediately before the notice is

given:

(iv) given information to the APVMA in connection with an

application for a licence, in response to a notice under

section 159, or as required by section 160A or 161, and

the information was false or misleading in a material

particular; or

(v) been convicted of an offence against an agvet law; or

(vi) been convicted of an offence against a law of this or

another jurisdiction relating to chemical products; or

(vii) been convicted of an offence against a law of the

Commonwealth or a law of a State or Territory

involving fraud or dishonesty; or

(viii) been ordered to pay a pecuniary penalty for the

contravention of an agvet penalty provision; or

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200 Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. ,

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(ix) been ordered to pay a pecuniary penalty for the

contravention of another law of this or another

jurisdiction relating to chemical products; or

(x) been ordered to pay a pecuniary penalty for the

contravention of a civil penalty provision of a law of the

Commonwealth or a law of a State or Territory

involving fraud or dishonesty; or

(xi) contravened a condition of a manufacturing licence

issued under an agvet law; or

(b) the APVMA is satisfied that the holder failed, within the 5

years immediately before the notice was given, to comply

with a manufacturing principle in connection with the

manufacture of chemical products; or

purposes of this paragraph exist; or

276 Subsection 127(2) of the Code set out in the Schedule

Omit "it thinks that failure to suspend or cancel the licence immediately

would create an imminent risk to public health or occupational health or

safety, or an imminent risk of impact on trade or commerce between

Australia and places outside Australia", substitute "subsection (2A)

applies".

277 After subsection 127(2) of the Code set out in the

Schedule

Insert:

(2A) This subsection applies if the APVMA thinks that a failure to

suspend or cancel the licence immediately would result in:

(a) imminent risk to persons of death, serious injury or serious

illness; or

(b) imminent risk of unintended harm to animals, plants or

things, or to the environment; or

Australia and places outside Australia.

278 Subsection 127(3) of the Code set out in the Schedule

Omit "is not to", substitute "must not".

279 Subsection 127(5) of the Code set out in the Schedule

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Omit "brief particulars of".

280 Subsection 127(8) of the Code set out in the Schedule

Omit "must cause particulars of the suspension, cancellation or

revocation to be published", substitute "must publish particulars of the

suspension, cancellation or revocation".

281 Part 9 of the Code set out in the Schedule (heading)

Repeal the heading, substitute:

Part 9--Investigative powers

282 Section 129 of the Code set out in the Schedule

Repeal the section, substitute:

129 Explanation of Part

(1) This Part contains powers:

(a) to gather information; and

(b) to search premises with or, in some cases, without a warrant

to find out whether either or both of the following apply:

(i) an offence against an agvet law has been committed;

(ii) an agvet penalty provision has been contravened.

(2) It also contains various ancillary provisions.

283 Division 2 of Part 9 of the Code set out in the Schedule

Repeal the Division, substitute:

Division 2--Requiring people to attend, give information

and produce documents or things

Subdivision A--Notices by the APVMA

130 Notice to produce or attend

(1) The APVMA may give a notice to a person under subsection (2) if

the APVMA has reason to believe that the person has information,

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a document or thing that is relevant to the administration or

enforcement of this Code.

(2) The APVMA may, by notice in writing, given to the person,

require the person to do one or more of the following:

(a) give any such information as is specified in the notice to a

specified inspector;

(b) produce any such document or thing as is specified in the

notice to a specified inspector;

(3) The APVMA may require that information to be provided under

paragraph (2)(a) is to be provided in writing or verified on oath or

affirmation.

(4) The inspector may require that answers under paragraph (2)(c) be

given on oath or affirmation, and for that purpose the inspector

may administer an oath or affirmation.

(5) The notice must:

(a) be served on the person; and

(b) be signed by the Chief Executive Officer; and

which the person must comply with the notice; and

(d) if paragraph (2)(c) applies--both:

(i) specify the time and place at which the person must

appear; and

(ii) state that the person may be accompanied by a lawyer;

and

(e) set out the effect of sections 130B and 130C.

(6) The period specified under paragraph (5)(c) must be at least 14

days after the notice is served on the person.

(7) The person must comply with the notice within the time specified

in the notice, or within such further time as the APVMA allows.

Note:

Failure to comply with a notice is an offence, see section 130B.

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130A APVMA may retain documents and things

(1) If a document or thing is produced to the APVMA in accordance

with a notice served under section 130, the APVMA:

(a) may take possession of, and may make copies of, the

document or thing, or take extracts from the document; and

(b) may retain possession of the document or thing for such

period as is necessary:

(i) for the purposes of this Code; or

(ii) for the purposes of an investigation to which the

document or thing relates; or

(iii) to enable evidence to be secured for the purposes of a

prosecution or proceedings for a civil penalty order.

(2) While the APVMA retains the document or thing, it must allow a

person who would otherwise be entitled to inspect the document or

view the thing to do so at the times that the person would

ordinarily be able to do so.

Subdivision B--Offence and related provisions

130B Failure to comply with notice etc.

(1) A person commits an offence if:

(a) the person is served with a notice under section 130; and

(b) the notice requires the person to:

(i) give information; or

(ii) produce documents or things;

specified in the notice; and

(i) within the period specified in the notice; or

(ii) if the APVMA has allowed the person further time

under subsection 130(7)--within such further time.

Penalty: 30 penalty units or imprisonment for 6 months, or both.

(2) A person commits an offence if:

(a) the person is served with a notice under section 130; and

(b) the notice requires the person to appear before an inspector to

answer questions put by the inspector; and

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Penalty: 30 penalty units or imprisonment for 6 months, or both.

(3) A person commits an offence if:

(a) the person is required to take an oath; and

(b) the person refuses or fails to comply with the requirement.

Penalty: 30 penalty units or imprisonment for 6 months, or both.

(4) A person commits an offence if:

(a) the person is served with a notice under section 130; and

(b) the notice requires the person to appear before an inspector to

answer questions put by the inspector; and

inspector.

Penalty: 30 penalty units or imprisonment for 6 months, or both.

130C Self-incrimination etc.

(1) A person is not excused from:

(a) giving information; or

(b) producing a document or thing; or

in relation to a notice under section 130 on the ground that doing

so might tend to incriminate the person or expose the person to a

penalty.

(2) However, in the case of an individual, none of the following:

(a) the information or answer given;

(b) the document or thing produced;

of the document or thing;

(d) any information, document or thing obtained as a direct or

indirect consequence of giving the information or answer, or

producing the document or thing;

is admissible in evidence against the individual in:

(e) criminal proceedings, other than:

(i) proceedings for an offence against section 130B or 146;

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(ii) proceedings for an offence against section 137.1 or

137.2 of the Criminal Code (which deal with false or

misleading information or documents) that relates to

this Code; or

(iii) proceedings for an offence against section 149.1 of the

Criminal Code (which deals with obstruction of

Commonwealth public officials) that relates to this

Code; or

(f) civil proceedings for a contravention of a civil penalty

provision.

284 Division 3 of Part 9 of the Code set out in the Schedule

(heading)

Repeal the heading, substitute:

Division 3--Monitoring

Subdivision A--Monitoring powers etc.

285 Sections 131 to 133 of the Code set out in the Schedule

Repeal the sections, substitute:

131 Powers available to inspectors for monitoring compliance

(1) Subject to subsections (2) and (3), for the purpose of finding out

whether an agvet law has been, or is being, complied with or of

assessing the correctness of information provided under an agvet

law, an inspector may do both of the following:

(a)

enter

any

premises;

(b) exercise the monitoring powers.

(2) If premises mentioned in subsection (1) are a residence, an

inspector may only enter the premises if:

(a) the premises are used for commercial purposes in relation to

active constituents or chemical products, in addition to

residential purposes; and

(b) paragraph (3)(a), (b) or (c) is satisfied.

(3) An inspector is not authorised to enter premises under

subsection (1) unless:

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(a) the occupier of the premises has consented to the entry and

the inspector has shown his or her identity card if required by

the occupier; or

(b) if the premises are covered by a licence under section 123--

both the following apply:

(i) it is a condition of the licence under subsection 126(4)

that the holder of the licence will allow an inspector to

enter the premises and exercise monitoring powers

under section 131A in relation to the premises;

(ii) the inspector has shown his or her identity card if

required by the occupier; or

Note:

If entry to the premises is with the occupier's consent, the inspector

must leave the premises if the consent ceases to have effect, see

section 133.

131AA Monitoring powers to prevent imminent risk to persons of

death, serious injury or serious illness

(1) Subject to subsection (3), this section applies if an inspector has

reasonable grounds for suspecting that it is necessary to exercise

monitoring powers under section 131A in relation to premises to

prevent imminent risk to persons of death, serious injury or serious

illness.

(2) The inspector may, to the extent that it is reasonably necessary for

the purpose of preventing imminent risk to persons of death,

serious injury or serious illness, enter the premises and exercise

monitoring powers under section 131A.

(3) An inspector is not entitled to exercise monitoring powers in

accordance with subsection (2) in relation to premises if:

(a) the occupier of the premises has required the inspector to

produce his or her identity card for inspection by the

occupier; and

(b) the inspector fails to comply with the requirement.

(4) An inspector is not entitled to exercise monitoring powers in

accordance with subsection (2) unless the inspector has been

authorised in writing by the APVMA for the purposes of this

section.

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131A Monitoring powers--with consent or with warrant

(1) The following are the monitoring powers that an inspector may

exercise in relation to premises:

(a) the power to search the premises and any thing on the

premises;

(b) the power to examine or observe any activity conducted on

the premises;

conduct tests on any thing on the premises;

(d) the power to make any still or moving image or any

recording of the premises or any thing on the premises;

(e) the power to inspect any document on the premises;

(f) the power to take extracts from, or make copies of, any such

document;

(g) the power to take and keep samples of any thing on the

premises;

(h) the power to open any container at the premises for the

purpose of inspecting, or taking a sample of, its contents

provided that the container is resealed after the inspection is

made or the sample is taken;

(i) the power to give directions for dealing with a container, or a

label on a container, that has been opened or sampled in

accordance with paragraph (h);

(j) the power to destroy or make harmless, or give directions for

the destruction or making harmless of, a chemical product at

the premises;

(k) the power to take onto the premises such equipment and

materials as the inspector requires for the purpose of

exercising powers in relation to the premises;

(l) the powers set out in subsections 131B(1) and (3) and

131C(1).

(2) A person who is given a direction under subsection (1) must

comply with the direction.

(3) A person commits an offence of strict liability if the person

contravenes subsection (2).

Penalty: 30 penalty units.

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Note:

For strict liability, see section 6.1 of the Criminal Code.

(4) Subsection (2) is a civil penalty provision.

Note:

Division 2 of Part 9A provides for pecuniary penalties for

contraventions of civil penalty provisions.

131B Operating electronic equipment

(1)

The

monitoring powers include the power to:

(a) operate electronic equipment on the premises; and

(b) use a disk, tape or other storage device that:

(i) is on the premises; and

(ii) can be used with the equipment or is associated with it.

(2)

The

monitoring powers include the powers mentioned in

subsection (3) if relevant data is found in the exercise of the power

under subsection (1).

(3) The powers are as follows:

(a) the power to operate electronic equipment on the premises to

put the relevant data in documentary form and remove the

documents so produced from the premises;

(b) the power to operate electronic equipment on the premises to

transfer the relevant data to a disk, tape or other storage

device that:

(i) is brought to the premises for the exercise of the power;

(ii) is on the premises and the use of which for that purpose

has been agreed in writing by the occupier of the

premises;

and remove the disk, tape or other storage device from the

premises.

(4) An inspector may operate electronic equipment as mentioned in

subsection (1) or (3) only if the inspector believes on reasonable

grounds that the operation of the equipment can be carried out

without damage to the equipment.

Note:

For compensation for damage to electronic equipment, see

section 138.

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131C Securing evidence of the contravention of a related provision

(1)

The

monitoring powers include the power to secure a thing for a

period not exceeding 7 days if:

(a) the thing is found during the exercise of monitoring powers

on the premises; and

(b) an inspector believes on reasonable grounds that the thing

affords evidence of:

(i) the commission of an offence against an agvet law or

the contravention of an agvet penalty provision or both;

(ii) an offence against the Crimes Act 1914 or the Criminal

Code that relates to an agvet law; and

(i) it is necessary to secure the thing in order to prevent it

from being concealed, lost or destroyed before a warrant

to seize the thing is obtained; and

(ii) it is necessary to secure the thing without a warrant

because the circumstances are serious and urgent.

The thing may be secured by locking it up, placing a guard or any

other means.

(2) If an inspector believes on reasonable grounds that the thing needs

to be secured for more than 7 days, the inspector may apply to a

magistrate for an extension of that period.

(3) The inspector must give notice to the occupier of the premises, or

another person who apparently represents the occupier, of his or

her intention to apply for an extension. The occupier or other

person is entitled to be heard in relation to that application.

(4) The provisions of this Part relating to the issue of monitoring

warrants apply, with such modifications as are necessary, to the

issue of an extension.

(5) The 7 day period may be extended more than once.

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131D Persons assisting inspectors

Inspectors may be assisted by other persons

(1) When exercising monitoring powers, an inspector may be assisted

by other persons in exercising powers or performing functions or

duties under this Part, if that assistance is necessary and

reasonable. A person giving such assistance is a person assisting

the inspector.

Powers, functions and duties of a person assisting the inspector

(2) A person assisting the inspector:

(a) may enter premises; and

(b) may exercise powers and perform functions and duties under

this Part for the purposes of assisting the inspector to

determine whether:

(i) an agvet law has been, or is being, complied with; or

(ii) information provided under an agvet law is correct; and

assisting by the inspector.

(3) A power exercised by a person assisting the inspector as mentioned

in subsection (2) is taken for all purposes to have been exercised by

the inspector.

(4) A function or duty performed by a person assisting the inspector as

mentioned in subsection (2) is taken for all purposes to have been

performed by the inspector.

(5) If a direction is given under paragraph (2)(c) in writing, the

direction is not a legislative instrument.

131E Use of force in executing a monitoring warrant

In executing a monitoring warrant, an inspector and a person

assisting the inspector may use such force against things as is

necessary and reasonable in the circumstances.

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Subdivision B--Powers of inspectors to ask questions and seek

production of documents

131F Inspector may ask questions and seek production of

documents

(1) This section applies if an inspector enters premises for the purposes

of determining whether:

(a) an agvet law has been, or is being, complied with; or

(b) information provided under an agvet law is correct.

(2) If the entry is authorised because the occupier of the premises

consented to the entry, the inspector may ask the occupier to

answer any questions, and produce any document, relating to:

(a) the operation of an agvet law; or

(b)

the

information.

(3) If the entry is authorised by a monitoring warrant, the inspector

may require any person on the premises to answer any questions,

and produce any document, relating to:

(a) the operation of an agvet law; or

(b)

the

information.

Offence

(4) A person commits an offence if:

(a) the person is subject to a requirement under subsection (3);

and

(b) the person fails to comply with the requirement.

Penalty for contravention of this subsection: 50 penalty units.

131G Copying of documents

If a person produces a document to an inspector in accordance with

a requirement under section 131G, the inspector may make copies

of, or take extracts from, the document.

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Division 4--Investigation

Subdivision A--Investigation powers

132 Powers available to inspectors to investigate potential breaches

of an agvet law

(1) Subject to subsections (2) and (3), if an inspector has reasonable

grounds for suspecting that there may be evidential material on any

premises, the inspector may:

(a) enter the premises; and

(b) exercise the investigation powers; and

132D(2).

(2) If the premises are a residence, an inspector may only enter the

premises if:

(a) the premises are used for commercial purposes in relation to

active constituents or chemical products, in addition to

residential purposes; and

(b) paragraph (3)(a) or (b) is satisfied.

(3) An inspector is not authorised to enter the premises unless:

(a) the occupier of the premises has consented to the entry and

the inspector has shown his or her identity card if required by

the occupier; or

(b) the entry is made under an investigation warrant.

Note:

If entry to the premises is with the occupier's consent, the inspector

must leave the premises if the consent ceases to have effect, see

section 133.

132A Investigation powers

(1) The following are the investigation powers that an inspector may

exercise in relation to premises under section 132:

(a) if entry to the premises is with the occupier's consent--the

power to search the premises and any thing on the premises

for the evidential material the inspector has reasonable

grounds for suspecting may be on the premises;

(b) if entry to the premises is under an investigation warrant:

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(i) the power to search the premises and any thing on the

premises for the kind of evidential material specified in

the warrant; and

(ii) the power to seize evidential material of that kind if the

inspector finds it on the premises;

conduct tests on evidential material referred to in

paragraph (a) or (b);

(d) the power to make any still or moving image or any

recording of the premises or evidential material referred to in

paragraph (a) or (b);

(e) the power to inspect any document on the premises;

(f) the power to take extracts from, or make copies of, any such

document;

(g) the power to take and keep samples of any thing on the

premises;

(h) the power to open any container at the premises for the

purpose of inspecting, or taking a sample of, its contents

provided that the container is resealed after the inspection is

made or the sample is taken;

(i) the power to give directions for dealing with a container, or a

label on a container, that has been opened or sampled in

accordance with paragraph (h);

(j) the power to destroy or make harmless, or give directions for

the destruction or making harmless of, a chemical product at

the premises;

(k) the power to take onto the premises such equipment and

materials as the inspector requires for the purpose of

exercising powers in relation to the premises;

(l) the powers set out in subsections 132B(1) and (2) and

section 132C.

(2) A person who is given a direction under subsection (1) must

comply with the direction.

(3) A person commits an offence of strict liability if the person

contravenes subsection (2).

Penalty: 30 penalty units.

Note:

For strict liability, see section 6.1 of the Criminal Code.

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(4) Subsection (2) is a civil penalty provision.

Note:

Division 2 of Part 9A provides for pecuniary penalties for

contraventions of civil penalty provisions.

132B Operating electronic equipment

(1)

The

investigation powers include the power to:

(a) operate electronic equipment on the premises; and

(b) use a disk, tape or other storage device that:

(i) is on the premises; and

(ii) can be used with the equipment or is associated with it;

if an inspector has reasonable grounds for suspecting that the

electronic equipment, disk, tape or other storage device is or

contains evidential material.

(2)

The

investigation powers include the following powers in relation

to evidential material found in the exercise of the power under

subsection (1):

(a) if entry to the premises is under an investigation warrant--

the power to seize the equipment and the disk, tape or other

storage device referred to in that subsection;

(b) the power to operate electronic equipment on the premises to

put the evidential material in documentary form and remove

the documents so produced from the premises;

transfer the evidential material to a disk, tape or other storage

device that:

(i) is brought to the premises for the exercise of the power;

(ii) is on the premises and the use of which for that purpose

has been agreed in writing by the occupier of the

premises;

and remove the disk, tape or other storage device from the

premises.

(3) An inspector may operate electronic equipment as mentioned in

subsection (1) or (2) only if the inspector believes on reasonable

grounds that the operation of the equipment can be carried out

without damage to the equipment.

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Note:

For compensation for damage to electronic equipment, see

section 138.

(4) An inspector may seize equipment or a disk, tape or other storage

device as mentioned in paragraph (2)(a) only if:

(a) it is not practicable to put the evidential material in

documentary form as mentioned in paragraph (2)(b) or to

transfer the evidential material as mentioned in

paragraph (2)(c); or

(b) possession of the equipment or the disk, tape or other storage

device by the occupier could constitute an offence against a

law of this jurisdiction.

132C Seizing evidence of related offences and civil penalty

provisions

(1) This section applies if an inspector enters premises under an

investigation warrant to search for evidential material.

(2)

The

investigation powers include seizing a thing that is not

evidential material of the kind specified in the warrant if:

(a) in the course of searching for the kind of evidential material

specified in the warrant, the inspector finds the thing; and

(b) the inspector believes on reasonable grounds that the thing

affords evidence of:

(i) the commission of an offence against an agvet law or

the contravention of an agvet penalty provision or both;

(ii) an offence against the Crimes Act 1914 or the Criminal

Code that relates to an agvet law; and

necessary to seize the thing in order to prevent its

concealment, loss or destruction or to protect the health of the

public or of any person.

(3) If an inspector seizes a thing as mentioned in subsection (2), the

investigation powers include:

(a) the power to direct the occupier of the premises or the owner

of the thing to keep it at the premises, or at other premises

under the control of the occupier or owner that will, in the

opinion of the inspector, cause least danger to the health of

the public or of any person; and

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(b) the power to give any other directions for, or with respect to,

the detention of the thing.

(4) A person who is given a direction under subsection (3) must

comply with the direction.

(5) A person commits an offence of strict liability if the person

contravenes subsection (4).

Penalty: 30 penalty units.

Note:

For strict liability, see section 6.1 of the Criminal Code.

(6) Subsection (4) is a civil penalty provision.

Note:

Division 2 of Part 9A provides for pecuniary penalties for

contraventions of civil penalty provisions.

132D Supervisory powers of seized things

(1)

If:

(a) an inspector seizes a thing under section 132A or 132C; and

(b) the inspector is authorised by the APVMA to exercise powers

under this section;

the inspector may do one or more of the things mentioned in

subsection (2).

(2) The things are:

(a) if the seizure related to a substance and the inspector suspects

that this Code has not been complied with in respect of any

of its constituents, or in respect of the concentration,

composition or purity of any of its active constituents--

supervise the reformulation of the substance so as to ensure

compliance with this Code; and

(b) if the seizure related to a substance and its container and the

inspector suspects that this Code has not been complied with

in respect of the container--supervise the placing of the

substance in a container so that there is compliance with this

Code; and

inspector suspects that this Code has not been complied with

in respect of the label attached to the container--supervise

the attaching to the container of a label so that there is

compliance with this Code.

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132E Persons assisting inspectors

Inspectors may be assisted by other persons

(1) When exercising investigation powers, an inspector may be

assisted by other persons in exercising powers or performing

functions or duties under this Part, if that assistance is necessary

and reasonable. A person giving such assistance is a person

assisting the inspector.

Powers, functions and duties of a person assisting the inspector

(2) A person assisting the inspector:

(a) may enter premises; and

(b) may exercise powers and perform functions and duties under

this Part in relation to evidential material; and

assisting by the inspector.

(3) A power exercised by a person assisting the inspector as mentioned

in subsection (2) is taken for all purposes to have been exercised by

the inspector.

(4) A function or duty performed by a person assisting the inspector as

mentioned in subsection (2) is taken for all purposes to have been

performed by the inspector.

(5) If a direction is given under paragraph (2)(c) in writing, the

direction is not a legislative instrument.

132F Use of force in executing an investigation warrant

In executing an investigation warrant, an inspector and a person

assisting the inspector may use such force against things as is

necessary and reasonable in the circumstances.

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Subdivision B--Powers of inspectors to ask questions and seek

production of documents

132G Inspector may ask questions and seek production of

documents

(1) This section applies if an inspector enters premises to search for

evidential material.

(2) If the entry is authorised because the occupier of the premises

consented to the entry, the inspector may ask the occupier to

answer any questions, and produce any document, relating to

evidential material.

(3) If the entry is authorised by an investigation warrant, the inspector

may require any person on the premises to answer any questions,

and produce any document, relating to evidential material of the

kind specified in the warrant.

(4) A person commits an offence if:

(a) the person is subject to a requirement under subsection (3);

and

(b) the person fails to comply with the requirement.

Penalty for contravention of this subsection: 50 penalty units.

132H Copying of documents

If a person produces a document to an inspector in accordance with

a requirement under section 132G, the inspector may make copies

of, or take extracts from, the document.

Division 5--Obligations and incidental powers of

inspectors

133 Consent

(1) Before obtaining the consent of an occupier of premises for the

purposes of paragraph 131(3)(a) or 132(3)(a), an inspector must

inform the occupier that the occupier may refuse consent.

(2) A consent has no effect unless the consent is voluntary.

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(3) A consent may be expressed to be limited to entry during a

particular period. If so, the consent has effect for that period unless

the consent is withdrawn before the end of that period.

(4) A consent that is not limited as mentioned in subsection (3) has

effect until the consent is withdrawn.

(5) If an inspector entered premises because of the consent of the

occupier of the premises, the inspector, and any person assisting

the inspector, must leave the premises if the consent ceases to have

effect.

286 Subsection 134(1) of the Code set out in the Schedule

Repeal the subsection, substitute:

(1) Before entering premises under a warrant, an inspector must:

(a)

announce

that:

(i) he or she is authorised to enter the premises; and

(ii) any person assisting the inspector is authorised to enter

the premises; and

(b) show his or her identity card to the occupier of the premises,

or to another person who apparently represents the occupier,

if the occupier or other person is present at the premises; and

to the premises.

287 Subsection 134(2) of the Code set out in the Schedule

Omit "or a person helping the inspector".

288 Paragraph 134(2)(a) of the Code set out in the Schedule

Omit "person helping the inspector", substitute "person assisting".

289 At the end of section 134 of the Code set out in the

Schedule

Add:

(3)

If:

(a) an inspector does not comply with subsection (1) because of

subsection (2); and

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(b) the occupier of the premises, or another person who

apparently represents the occupier, is present at the premises;

the inspector must show his or her identity card to the occupier or

other person as soon as practicable after entering the premises.

290 Sections 135 to 138 of the Code set out in the Schedule

Repeal the sections, substitute:

135 Inspector to be in possession of warrant

An inspector executing a warrant must be in possession of:

(a) the warrant issued by the magistrate under section 143 or

143A or a copy of the warrant as so issued; or

(b) the form of warrant completed under subsection 143B(6) or a

copy of the form as so completed.

136 Details of warrant etc. to be given to occupier

(1) An inspector must comply with subsection (2) if:

(a) a warrant is being executed in relation to premises; and

(b) the occupier of the premises, or another person who

apparently represents the occupier, is present at the premises.

(2) The inspector must, as soon as practicable:

(a) do one of the following:

(i) if the warrant was issued under section 143 or 143A--

make a copy of the warrant available to the occupier or

other person (which need not include the signature of

the magistrate who issued it);

(ii) if the warrant was signed by a magistrate under

section 143B--make a copy of the form of warrant

completed under subsection 143B(6) available to the

occupier or other person; and

(b) inform the occupier or other person of the rights and

responsibilities of the occupier or other person under

Division 7 of this Part.

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137 Expert assistance to operate electronic equipment

(1) This section applies if an inspector enters premises under a

warrant.

Securing equipment

(2) An inspector may do whatever is necessary to secure any electronic

equipment that is on the premises if the inspector believes on

reasonable grounds that:

(a) in the case of a monitoring warrant:

(i) there is relevant data on the premises; and

(ii) the relevant data may be accessible by operating the

equipment; and

(iii) expert assistance is required to operate the equipment;

and

(iv) the relevant data may be destroyed, altered or otherwise

interfered with, if the inspector does not take action

under this subsection; and

(b) in the case of an investigation warrant:

(i) there is evidential material of the kind specified in the

warrant on the premises; and

(ii) the evidential material may be accessible by operating

the electronic equipment; and

(iii) expert assistance is required to operate the equipment;

and

(iv) the evidential material may be destroyed, altered or

otherwise interfered with, if the inspector does not take

action under this subsection.

The equipment may be secured by locking it up, placing a guard or

any other means.

(3) The inspector must give notice to the occupier of the premises, or

another person who apparently represents the occupier, of:

(a) the inspector's intention to secure the equipment; and

(b) the fact that the equipment may be secured for up to 72

hours.

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Period equipment may be secured

(4) The equipment may be secured until the earlier of the following

happens:

(a) the 72-hour period ends;

(b) the equipment has been operated by the expert.

Note:

For compensation for damage to electronic equipment, see

section 138.

Extensions

(5) The inspector may apply to a magistrate for an extension of the

72-hour period, if the inspector believes on reasonable grounds that

the equipment needs to be secured for a longer period.

(6) Before making the application, the inspector must give notice to

the occupier of the premises, or another person who apparently

represents the occupier, of the inspector's intention to apply for an

extension. The occupier or other person is entitled to be heard in

relation to that application.

(7) The provisions of this Part relating to the issue of a warrant apply,

with such modifications as are necessary, to the issue of an

extension.

(8) The 72-hour period may be extended more than once.

138 Compensation for damage to electronic equipment

(1) This section applies if:

(a) as a result of electronic equipment being operated as

mentioned in this Part:

(i) damage is caused to the equipment; or

(ii) the data recorded on the equipment is damaged; or

(iii) programs associated with the use of the equipment, or

with the use of the data, are damaged or corrupted; and

(b) the damage or corruption occurs because:

(i) insufficient care was exercised in selecting the person

who was to operate the equipment; or

(ii) insufficient care was exercised by the person operating

the equipment.

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(2) The APVMA must pay the owner of the equipment, or the user of

the data or programs, such reasonable compensation for the

damage or corruption as the APVMA and the owner or user agree

on.

(3) However, if the owner or user and the APVMA fail to agree, the

owner or user may institute proceedings in a court of competent

jurisdiction for such reasonable amount of compensation as the

court determines.

(4) In determining the amount of compensation payable, regard is to

be had to whether the occupier of the premises, or the occupier's

employees or agents, if they were available at the time, provided

any appropriate warning or guidance on the operation of the

equipment.

Division 6--Execution of an investigation warrant

interrupted

138A Completing execution of an investigation warrant after

temporary cessation

(1) This section applies if an inspector, and all persons assisting, who

are executing an investigation warrant in relation to premises

temporarily cease its execution and leave the premises.

(2) The inspector, and persons assisting, may complete the execution

of the warrant if:

(a) the warrant is still in force; and

(b) the inspector and persons assisting are absent from the

premises:

(i) for not more than 1 hour; or

(ii) if there is an emergency situation, for not more than 12

hours or such longer period as allowed by a magistrate

under subsection (5); or

(iii) for a longer period if the occupier of the premises

consents in writing.

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Application for extension in emergency situation

(3) An inspector, or person assisting, may apply to a magistrate for an

extension of the 12-hour period mentioned in

subparagraph (2)(b)(ii) if:

(a) there is an emergency situation; and

(b) the inspector or person assisting believes on reasonable

grounds that the inspector and the persons assisting will not

be able to return to the premises within that period.

(4) If it is practicable to do so, before making the application, the

inspector or person assisting must give notice to the occupier of the

premises of his or her intention to apply for an extension.

Extension in emergency situation

(5) A magistrate may extend the period during which the inspector and

persons assisting may be away from the premises if:

(a) an application is made under subsection (3); and

(b) the magistrate is satisfied, by information on oath or

affirmation, that there are exceptional circumstances that

justify the extension; and

warrant ceases to be in force.

138B Completing execution of an investigation warrant stopped by

court order

An inspector, and any persons assisting, may complete the

execution of an investigation warrant that has been stopped by an

order of a court if:

(a) the order is later revoked or reversed on appeal; and

(b) the warrant is still in force when the order is revoked or

reversed.

Division 7--Occupier's rights and responsibilities

138C Occupier entitled to observe execution of warrant

(1) The occupier of premises to which a warrant relates, or another

person who apparently represents the occupier, is entitled to

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observe the execution of the warrant if the occupier or other person

is present at the premises while the warrant is being executed.

(2) The right to observe the execution of the warrant ceases if the

occupier or other person impedes that execution.

(3) This section does not prevent the execution of the warrant in 2 or

more areas of the premises at the same time.

138D Occupier to provide inspector with facilities and assistance

(1) The occupier of premises to which a warrant relates, or another

person who apparently represents the occupier, must provide:

(a) an inspector executing the warrant; and

(b)

any

person

assisting;

with all reasonable facilities and assistance for the effective

exercise of their powers.

(2) A person commits an offence if:

(a) the person is subject to subsection (1); and

(b) the person fails to comply with that subsection.

Penalty for contravention of this subsection: 30 penalty units.

Division 8--General provisions relating to seizure

291 Subsection 139(1) of the Code set out in the Schedule

Omit "section 131 or 132", substitute "an investigation warrant".

292 Subsection 139(2) of the Code set out in the Schedule

Repeal the subsection, substitute:

(2) However, the inspector is not required to comply with the request

if possession of the document, film, computer file, thing or

information by the occupier or other person could constitute an

offence against a law of this jurisdiction.

293 After section 139 of the Code set out in the Schedule

Insert:

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139A Receipts for seized things

(1) An inspector must provide a receipt for a thing that is seized under

an investigation warrant.

(2) One receipt may cover 2 or more things seized.

294 Subsection 140(1) of the Code set out in the Schedule

Repeal the subsection, substitute:

(1) An inspector must take reasonable steps to return a thing seized

under an investigation warrant when the earliest of the following

happens:

(a) the reason for the thing's seizure no longer exists;

(b) it is decided that the thing is not to be used in evidence;

Exception

(1A)

Subsection

(1):

(a) is subject to any contrary order of a court; and

(b) does not apply if the thing:

(i) is forfeited or forfeitable to the Commonwealth (see

section 150); or

(ii) is the subject of a dispute as to ownership.

295 Subsection 140(2) of the Code set out in the Schedule

Omit all the words before paragraph (a), substitute "The inspector is not

required to take reasonable steps to return a thing because of

paragraph (1)(c) if".

296 Subsections 140(4) and (5) of the Code set out in the

Schedule

Repeal the subsections.

297 Section 141 of the Code set out in the Schedule

(heading)

Repeal the heading, substitute:

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141 Magistrate may permit a thing to be kept

298 Paragraph 141(1)(a) of the Code set out in the Schedule

Omit "section 131 or 132", substitute "an investigation warrant".

299 Paragraph 141(1)(b) of the Code set out in the Schedule

Omit "of a court".

300 Subsection 141(1) of the Code set out in the Schedule

Omit "court of summary jurisdiction", substitute "magistrate".

301 Subsections 141(2) and (3) of the Code set out in the

Schedule

Repeal the subsections, substitute:

(2) Before making the application, the inspector must:

(a) take reasonable steps to discover who has an interest in the

retention of the thing; and

(b) if it is practicable to do so, notify each person who the

inspector believes has such an interest of the proposed

application.

Order to retain thing

(3) A magistrate may order that the thing may continue to be retained

for a period specified in the order if the magistrate is satisfied that

it is necessary for the thing to continue to be retained:

(a) for the purposes of an investigation as to whether an offence

against an agvet law has been committed or an agvet penalty

provision has been contravened; or

(b) for the purposes of an investigation as to whether an offence

against the Crimes Act 1914 or the Criminal Code that relates

to an agvet law has been committed; or

(i) an offence mentioned in paragraph (a) or (b) to be

secured for the purposes of a prosecution; or

(ii) a contravention mentioned in paragraph (a) to be

secured for the purposes of proceedings for a civil

penalty order.

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(4) The period specified must not exceed 3 years.

302 After section 141 of the Code set out in the Schedule

Insert:

141A Disposal of things

(1) The APVMA may dispose of a thing seized under an investigation

warrant if:

(a) an inspector has taken reasonable steps to return the thing to

a person; and

(b)

either:

(i) the inspector has been unable to locate the person; or

(ii) the person has refused to take possession of the thing.

(2) The APVMA may dispose of the thing in such manner as it

considers appropriate.

303 Subsection 142(1) of the Code set out in the Schedule

Omit "paragraph 131(1)(i)", substitute "paragraph 131A(1)(j) or

132A(1)(j)".

304 Subsection 142(2) of the Code set out in the Schedule

Omit "subsection 132(3)", substitute "subsection 132D(2)".

305 After subsection 142(4) of the Code set out in the

Schedule

Insert:

(4A) Any expense incurred by the APVMA under section 141A in

disposing of a thing is a debt due to the APVMA by the owner of

the thing.

306 Sections 143 to 145 of the Code set out in the Schedule

Repeal the sections, substitute:

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Division 9--Applying for warrants etc.

143 Monitoring warrants

Application for warrant

(1) An inspector may apply to a magistrate for a monitoring warrant

under this section in relation to premises.

Issue of warrant

(2) The magistrate may issue the warrant if the magistrate is satisfied,

by information on oath or affirmation, that it is reasonably

necessary that one or more inspectors should have access to the

premises for the purpose of determining whether:

(a) an agvet law has been, or is being, complied with; or

(b) information provided under an agvet law is correct.

(3) However, the magistrate must not issue the warrant unless the

inspector or some other person has given to the magistrate, either

orally or by affidavit, such further information (if any) as the

magistrate requires concerning the grounds on which the issue of

the monitoring warrant is being sought.

Content of warrant

(4) The monitoring warrant must:

(a) describe the premises to which the warrant relates; and

(b) state that the warrant is issued under this section; and

(d) authorise one or more inspectors (whether or not named in

the warrant) from time to time while the warrant remains in

force:

(i) to enter the premises; and

(ii) to exercise the powers set out in Divisions 3 and 5 of

this Part in relation to the premises; and

(e) state whether entry is authorised to be made at any time of

the day or during specified hours of the day; and

(f) specify the day (not more than 6 months after the issue of the

warrant) the warrant ceases to be in force.

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(5) If the application for the warrant is made under section 143B, this

section applies as if paragraph (4)(f) required the warrant to specify

the period for which the warrant is to remain in force, which must

not be more than 48 hours.

143A Investigation warrants

Application for warrant

(1) An inspector may apply to a magistrate for an investigation warrant

under this section in relation to premises.

Issue of warrant

(2) The magistrate may issue the investigation warrant if the

magistrate is satisfied, by information on oath or affirmation, that

there are reasonable grounds for suspecting that there is, or there

may be within the next 72 hours, evidential material on the

premises.

(3) However, the magistrate must not issue the investigation warrant

unless the inspector or some other person has given to the

magistrate, either orally or by affidavit, such further information (if

any) as the magistrate requires concerning the grounds on which

the issue of the warrant is being sought.

Content of warrant

(4) The investigation warrant must:

(a) state the offence or offences, or civil penalty provision or

civil penalty provisions, to which the warrant relates; and

(b) describe the premises to which the warrant relates; and

(d) specify the kinds of evidential material that are to be

searched for under the warrant; and

(e) state that the evidential material specified may be seized

under the warrant; and

(f) state that any thing found in the course of executing the

warrant that the person executing the warrant believes on

reasonable grounds to be evidence of:

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(i) the commission of an offence against an agvet law or

the contravention of an agvet penalty provision or both;

(ii) an offence against the Crimes Act 1914 or the Criminal

Code that relates to an agvet law;

may be seized under the warrant; and

(g) name one or more inspectors; and

(h) authorise the inspectors named in the warrant:

(i) to enter the premises; and

(ii) to exercise the powers set out in Divisions 4, 5 and 6 of

this Part in relation to the premises; and

(i) state whether entry is authorised to be made at any time of

the day or during specified hours of the day; and

(j) specify the day (not more than 1 week after the issue of the

warrant) the warrant ceases to be in force.

(5) If the application for the warrant is made under section 143B, this

section applies as if:

(a) subsection (2) referred to 48 hours rather than 72 hours; and

(b) paragraph (4)(j) required the warrant to specify the period for

which the warrant is to remain in force, which must not be

more than 48 hours.

143B Warrants by telephone, fax etc.

Application for warrant

(1) An inspector may apply to a magistrate by telephone, fax or other

electronic means for a warrant in relation to premises:

(a) in an urgent case; or

(b) if the delay that would occur if an application were made in

person would frustrate the effective execution of the warrant.

(2) The magistrate may require communication by voice to the extent

that it is practicable in the circumstances.

(3) Before applying for a warrant, the inspector must:

(a) in the case of a monitoring warrant--prepare an information

of the kind mentioned in subsection 143(2); and

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(b) in the case of an investigation warrant--prepare an

information of the kind mentioned in subsection 143A(2);

in relation to the premises that sets out the grounds on which the

warrant is sought. If it is necessary to do so, the inspector may

apply for the warrant before the information is sworn or affirmed.

Magistrate may complete and sign warrant

(4) The magistrate may complete and sign the same warrant that would

have been issued under section 143 or 143A if the magistrate is

satisfied that there are reasonable grounds for doing so:

(a) after considering the terms of the information; and

(b) after receiving such further information (if any) as the

magistrate requires concerning the grounds on which the

issue of the warrant is being sought.

(5) After completing and signing the warrant, the magistrate must

inform the inspector, by telephone, fax or other electronic means,

of:

(a) the terms of the warrant; and

(b) the day and time the warrant was signed.

Obligations on inspector

(6) The inspector must then do the following:

(a) complete and sign a form of warrant in the same terms as the

warrant completed and signed by the magistrate;

(b) state on the form the following:

(i) the name of the magistrate;

(ii) the day and time the warrant was signed by the

magistrate;

(i) the form of warrant completed by the inspector;

(ii) the information referred to in subsection (3), which

must have been duly sworn or affirmed.

(7) The inspector must comply with paragraph (6)(c) by the end of the

day after the earlier of the following:

(a) the day the warrant ceases to be in force;

(b) the day the warrant is executed.

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Magistrate to attach documents together

(8) The magistrate must attach the documents provided under

paragraph (6)(c) to the warrant signed by the magistrate.

143C Authority of warrant

(1) A form of warrant duly completed under subsection 143B(6) is

authority for the same powers as are authorised by the warrant

signed by the magistrate under subsection 143B(4).

(2) In any proceedings, a court is to assume (unless the contrary is

proved) that an exercise of power was not authorised by a warrant

under section 143B if:

(a) it is material, in those proceedings, for the court to be

satisfied that the exercise of power was authorised by that

section; and

(b) the warrant signed by the inspector authorising the exercise

of the power is not produced in evidence.

143D Offence relating to warrants by telephone, fax etc.

An inspector must not:

(a) state in a document that purports to be a form of warrant

under section 143B the name of a magistrate unless that

magistrate signed the warrant; or

(b) state on a form of warrant under that section a matter that, to

the inspector's knowledge, departs in a material particular

from the terms of the warrant signed by the magistrate under

that section; or

that purports to be a form of warrant under that section that

the inspector knows departs in a material particular from the

terms of a warrant signed by a magistrate under that section;

(d) purport to execute, or present to another person, a document

that purports to be a form of warrant under that section where

the inspector knows that no warrant in the terms of the form

of warrant has been completed and signed by a magistrate; or

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(e) give to a magistrate a form of warrant under that section that

is not the form of warrant that the inspector purported to

execute.

Penalty: Imprisonment for 2 years.

143E Effect of warrant

If a warrant is issued under the Agvet Code of a jurisdiction other

than this jurisdiction, the warrant has effect and may be executed in

this jurisdiction as if the warrant had been issued under this Code.

Division 10--Powers of magistrates

143F Powers of magistrates

Powers conferred personally

(1) A power conferred on a magistrate by this Part is conferred on the

magistrate:

(a) in a personal capacity; and

(b) not as a court or a member of a court.

Powers need not be accepted

(2) The magistrate need not accept the power conferred.

Protection and immunity

(3) A magistrate exercising a power conferred by this Part has the

same protection and immunity as if the magistrate were exercising

the power:

(a) as the court of which the magistrate is a member; or

(b) as a member of the court of which the magistrate is a

member.

307 Division 4 of Part 9 of the Code set out in the Schedule

(heading)

Repeal the heading.

308 Before section 146 of the Code set out in the Schedule

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Insert:

Part 9A--Enforcement

Division 1--Preliminary

145 Explanation of Part

This Part contains provisions for the enforcement of this Code,

including provisions relating to the following:

(a) the use of civil penalties to enforce civil penalty provisions;

(b) the use of infringement notices to enforce certain civil

penalty provisions;

with provisions;

(d) the use of injunctions in the enforcement of provisions;

(e) the issue of substantiation notices in relation to certain claims

and representations;

(f) the giving of enforceable directions in relation to suspected

contraventions;

(g) the issue of formal warnings in relation to suspected

contraventions;

(h) other ancillary matters.

Division 2--Civil penalty orders

Subdivision A--Obtaining a civil penalty order

145A Civil penalty orders

Application for order

(1) The APVMA may, on behalf of the Commonwealth, apply to a

court of competent jurisdiction for an order that a person, who is

alleged to have contravened a civil penalty provision, pay the

Commonwealth a pecuniary penalty.

(2) The APVMA must make the application within 6 years of the

alleged contravention.

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Court may order person to pay pecuniary penalty

(3) If the court is satisfied that the person has contravened the civil

penalty provision, the court may order the person to pay to the

Commonwealth such pecuniary penalty for the contravention as the

court determines to be appropriate.

Note:

Section 145AA sets out the maximum penalty that the court may order

the person to pay.

(4) An order under subsection (3) is a civil penalty order.

Determining pecuniary penalty

(5) In determining the pecuniary penalty, the court may take into

account all relevant matters, including:

(a) the nature and extent of the contravention; and

(b) the nature and extent of any loss or damage suffered because

of the contravention; and

(d) whether the person has previously been found by a court to

have engaged in any similar conduct; and

(e) the extent to which the person has cooperated with the

authorities; and

(f) if the person is a body corporate:

(i) the level of the employees, officers or agents of the

body corporate involved in the contravention; and

(ii) whether the body corporate exercised due diligence to

avoid the contravention; and

(iii) whether the body corporate had a corporate culture

conducive to compliance.

145AA Maximum penalties for contravention of civil penalty

provisions

Penalty for body corporate

(1) The pecuniary penalty for a contravention of a civil penalty

provision by a body corporate must not exceed 5 times the amount

of the maximum monetary penalty that could be imposed by a

court if the body corporate were convicted of an offence

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constituted by conduct that is the same as the conduct constituting

the contravention.

Penalty for individuals

(2) The pecuniary penalty for a contravention of a civil penalty

provision by an individual must not exceed 3 times the amount of

the maximum monetary penalty that could be imposed by a court if

the person were convicted of an offence constituted by conduct that

is the same as the conduct constituting the contravention.

Penalty for contravention of subsection 145CF(1)

(3) The pecuniary penalty for a contravention, by an executive officer

of a body corporate, of subsection 145CF(1) in relation to the

contravention by the body corporate of a civil penalty provision

must not exceed 12% of the amount of the maximum monetary

penalty that could be imposed on the body corporate for the

contravention.

145AB Civil enforcement of penalty

(1) A pecuniary penalty is a debt payable to the Commonwealth.

(2) The Commonwealth may enforce a civil penalty order as if it were

an order made in civil proceedings against a person to recover a

debt due by the person. The debt arising from the order is taken to

be a judgement debt.

145AC Conduct contravening more than one civil penalty provision

(1) If conduct constitutes a contravention of 2 or more civil penalty

provisions, proceedings may be instituted under this Division

against a person in relation to the contravention of any one or more

of those provisions.

(2) However, the person is not liable to more than one pecuniary

penalty under this Division in relation to the same conduct.

145AD Multiple contraventions

(1) A court may make a single civil penalty order against a person for

multiple contraventions of a civil penalty provision if proceedings

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for the contraventions are founded on the same facts, or if the

contraventions form, or are part of, a series of contraventions of the

same or a similar character.

Note:

For continuing contraventions of civil penalty provisions, see

section 145C.

(2) However, the penalty must not exceed the sum of the maximum

penalties that could be ordered if a separate penalty were ordered

for each of the contraventions.

145AE Proceedings may be heard together

A court may direct that 2 or more proceedings for civil penalty

orders be heard together.

145AF Civil evidence and procedure rules for civil penalty orders

A court must apply the rules of evidence and procedure for civil

matters when hearing and determining an application for a civil

penalty order.

145AG Contravening a civil penalty provision is not an offence

A contravention of a civil penalty provision is not an offence.

Subdivision B--Civil proceedings and criminal proceedings

145B Civil proceedings after criminal proceedings

A court may not make a civil penalty order against a person for a

contravention of a civil penalty provision if the person has been

convicted of an offence constituted by conduct that is the same, or

substantially the same, as the conduct constituting the

contravention.

145BA Criminal proceedings during civil proceedings

(1) Proceedings for a civil penalty order against a person for a

contravention of a civil penalty provision are stayed if:

(a) criminal proceedings are commenced or have already been

commenced against the person for an offence; and

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(b) the offence is constituted by conduct that is the same, or

substantially the same, as the conduct alleged to constitute

the contravention.

(2) The proceedings for the order (the civil proceedings) may be

resumed if the person is not convicted of the offence. Otherwise,

the civil proceedings are dismissed.

145BB Criminal proceedings after civil proceedings

Criminal proceedings may be commenced against a person for

conduct that is the same, or substantially the same, as conduct that

would constitute a contravention of a civil penalty provision

regardless of whether a civil penalty order has been made against

the person in relation to the contravention.

145BC Evidence given in civil proceedings not admissible in

criminal proceedings

(1) Evidence of information given, or evidence of production of

documents, by an individual is not admissible in criminal

proceedings against the individual for an offence if:

(a) the individual previously gave the evidence or produced the

documents in proceedings for a civil penalty order against the

individual for an alleged contravention of a civil penalty

provision (whether or not the order was made); and

(b) the conduct alleged to constitute the offence is the same, or

substantially the same, as the conduct alleged to constitute

the contravention.

(2) However, subsection (1) does not apply to criminal proceedings in

relation to the falsity of the evidence given by the individual in the

proceedings for the civil penalty order.

Subdivision C--Miscellaneous

145C Continuing contraventions of civil penalty provisions

(1) If an act or thing is required under a civil penalty provision to be

done:

(a) within a particular period; or

(b) before a particular time;

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then the obligation to do that act or thing continues until the act or

thing is done (even if the period has expired or the time has

passed).

(2) A person who contravenes a civil penalty provision that requires an

act or thing to be done:

(a) within a particular period; or

(b) before a particular time;

commits a separate contravention of that provision in respect of

each day during which the contravention occurs (including the day

the relevant civil penalty order is made or any later day).

145CA Ancillary contravention of civil penalty provisions

(1) A person must not:

(a) attempt to contravene a civil penalty provision; or

(b) aid, abet, counsel or procure a contravention of a civil

penalty provision; or

a civil penalty provision; or

(d) be in any way, directly or indirectly, knowingly concerned in,

or party to, a contravention of a civil penalty provision; or

(e) conspire with others to effect a contravention of a civil

penalty provision.

Civil penalty

(2) A person who contravenes subsection (1) in relation to a civil

penalty provision is taken to have contravened the provision.

Note:

Section 145CC (which provides that a person's state of mind does not

need to be proven in relation to a civil penalty provision) does not

apply to the extent that proceedings relate to the contravention of

subsection (1).

145CB Mistake of fact

(1) A person is not liable to have a civil penalty order made against the

person for a contravention of a civil penalty provision if:

(a) at or before the time of the conduct constituting the

contravention, the person:

(i) considered whether or not facts existed; and

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(ii) was under a mistaken but reasonable belief about those

facts; and

(b) had those facts existed, the conduct would not have

constituted a contravention of the civil penalty provision.

(2) For the purposes of subsection (1), a person may be regarded as

having considered whether or not facts existed if:

(a) the person had considered, on a previous occasion, whether

those facts existed in the circumstances surrounding that

occasion; and

(b) the person honestly and reasonably believed that the

circumstances surrounding the present occasion were the

same, or substantially the same, as those surrounding the

previous occasion.

(3) A person who wishes to rely on subsection (1) or (2) in

proceedings for a civil penalty order bears an evidential burden in

relation to that matter.

145CC State of mind

(1) In proceedings for a civil penalty order against a person for a

contravention of a civil penalty provision (other than subsection

145CA(1)), it is not necessary to prove:

(a) the person's intention; or

(b) the person's knowledge; or

(d) the person's negligence; or

(e) any other state of mind of the person.

(2) Subsection (1) does not apply to the extent that the proceedings

relate to a contravention of subsection 145CA(1) (which is about

ancillary contraventions of civil penalty provisions).

(3) Subsection (1) does not affect the operation of section 145CB

(which is about mistake of fact).

(4) Subsection (1) does not apply to the extent that the civil penalty

provision, or a provision that relates to the civil penalty provision,

expressly provides otherwise.

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145CD Evidential burden for exceptions

In proceedings for a civil penalty order, a person who wishes to

rely on any exception, excuse, qualification or justification in

relation to a civil penalty provision bears an evidential burden in

relation to that matter.

145CE Liability of body corporate for actions by employees, agents

or officers

If an element of a civil penalty provision is done by an employee,

agent or officer of a body corporate acting within the actual or

apparent scope of his or her employment, or within his or her

actual or apparent authority, the element must also be attributed to

the body corporate.

145CF Liability of executive officers

(1) An executive officer of a body corporate contravenes this

subsection if:

(a) the body corporate contravenes a civil penalty provision; and

(b) the officer knew that the contravention would occur; and

body in relation to the contravention; and

(d) the officer failed to take all reasonable steps to prevent the

contravention.

(2) Subsection (1) is a civil penalty provision.

Note:

Subdivision A of this Division provides for pecuniary penalties for

contraventions of civil penalty provisions.

145CG Establishing whether an executive officer took reasonable

steps to prevent the contravention of a civil penalty

provision

(1) For the purposes of section 145CF, in determining whether an

executive officer of a body corporate failed to take all reasonable

steps to prevent the contravention of a civil penalty provision, a

court is to have regard to:

(a) what action (if any) the officer took towards ensuring that the

body's employees, agents and contractors have a reasonable

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knowledge and understanding of the requirements to comply

with this Code, in so far as those requirements affect the

employees, agents or contractors concerned; and

(b) what action (if any) the officer took when he or she became

aware that the body was contravening this Code.

(2) This section does not, by implication, limit the generality of

section 145CF.

Division 3--Infringement notices

145DA When an infringement notice may be given

(1) If an inspector has reasonable grounds to believe that a person has

contravened a prescribed civil penalty provision, the inspector may

give the person an infringement notice for the alleged

contravention.

(2) The infringement notice must be given within 12 months after the

day the contravention is alleged to have taken place.

(3) A single infringement notice must relate only to a single

contravention of a single prescribed civil penalty provision.

145DB Matters to be included in an infringement notice

(1) An infringement notice must:

(a) be identified by a unique number; and

(b) state the day it is given; and

(d) state the name of the person who gave the notice; and

(e) give brief details of the alleged contravention, including:

(i) the provision that was allegedly contravened; and

(ii) the maximum penalty that a court could impose for the

contravention; and

(iii) the time (if known) and day of, and the place of, the

alleged contravention; and

(f) state the amount that is payable under the notice, and that the

amount is payable to the Commonwealth; and

(g) give an explanation of how payment of the amount is to be

made; and

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(h) state that, if the person to whom the notice is given pays the

amount within 28 days after the day the notice is given, then

(unless the notice is withdrawn) proceedings seeking a civil

penalty order will not be brought in relation to the alleged

contravention; and

(i) state that payment of the amount is not an admission of

liability; and

(j) state that the person may apply to the APVMA to have the

period in which to pay the amount extended; and

(k) state that the person may choose not to pay the amount and, if

the person does so, proceedings seeking a civil penalty order

may be brought in relation to the alleged contravention; and

(l) set out how the notice can be withdrawn; and

(m) state that if the notice is withdrawn proceedings seeking a

civil penalty order may be brought in relation to the alleged

contravention; and

(n) state that the person may make written representations to the

APVMA seeking the withdrawal of the notice.

(2) For the purposes of paragraph (1)(f), the amount to be stated in the

notice for the alleged contravention of the provision must not

exceed one-fifth of the maximum penalty that a court could impose

on the person for that contravention.

(3) The regulations may, subject to subsection (2), provide for a scale

of amounts that may apply for an alleged contravention.

145DC Extension of time to pay amount

(1) A person to whom an infringement notice has been given may

apply to the APVMA for an extension of the period referred to in

paragraph 145DB(1)(h).

(2) If the application is made before the end of that period, the

APVMA may, in writing, extend that period. The APVMA may do

so before or after the end of that period.

(3) If the APVMA extends that period, a reference in this Division to

the period referred to in paragraph 145DB(1)(h) is taken to be a

reference to that period so extended.

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(4) If the APVMA does not extend that period, a reference in this

Division to the period referred to in paragraph 145DB(1)(h) is

taken to be a reference to the period that ends on the later of the

following days:

(a) the day that is the last day of the period referred to in

paragraph 145DB(1)(h);

(b) the day that is 7 days after the day the person was given

notice of the APVMA's decision not to extend.

(5) The APVMA may extend the period more than once under

subsection (2).

145DD Withdrawal of an infringement notice

Representations seeking withdrawal of notice

(1) A person to whom an infringement notice has been given may

make written representations to the APVMA seeking the

withdrawal of the notice.

Withdrawal of notice

(2) The APVMA may withdraw an infringement notice given to a

person (whether or not the person has made written representations

seeking the withdrawal).

(3) When deciding whether or not to withdraw an infringement notice

(the relevant infringement notice), the APVMA:

(a) must take into account any written representations seeking

the withdrawal that were given by the person to the APVMA;

and

(b) may take into account the following:

(i) whether a court has previously imposed a penalty on the

person for a contravention of a prescribed civil penalty

provision if the contravention is constituted by conduct

that is the same, or substantially the same, as the

conduct alleged to constitute the contravention in the

relevant infringement notice;

(ii) the circumstances of the alleged contravention;

(iii) whether the person has paid an amount, stated in an

earlier infringement notice, for a contravention of a

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prescribed civil penalty provision if the contravention is

constituted by conduct that is the same, or substantially

the same, as the conduct alleged to constitute the

contravention in the relevant infringement notice;

(iv) any other matter the APVMA considers relevant.

Notice of withdrawal

(4) Notice of the withdrawal of the infringement notice must be given

to the person. The withdrawal notice must state:

(a) the person's name and address; and

(b) the day the infringement notice was given; and

(d) that the infringement notice is withdrawn; and

(e) that proceedings seeking a civil penalty order may be brought

in relation to the alleged contravention.

Refund of amount if infringement notice withdrawn

(5)

If:

(a) the APVMA withdraws the infringement notice; and

(b) the person has already paid the amount stated in the notice;

the Commonwealth must refund to the person an amount equal to

the amount paid.

145DE Effect of payment of amount

(1) If the person to whom an infringement notice for an alleged

contravention of a provision is given pays the amount stated in the

notice before the end of the period referred to in paragraph

145DB(1)(h):

(a) any liability of the person for the alleged contravention is

discharged; and

(b) proceedings seeking a civil penalty order may not be brought

against the person in relation to the alleged contravention;

and

alleged contravention.

(2) Subsection (1) does not apply if the notice has been withdrawn.

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145DF Effect of this Division

This Division does not:

(a) require an infringement notice to be given to a person for an

alleged contravention of a prescribed civil penalty provision;

(b) affect the liability of a person for an alleged contravention of

a prescribed civil penalty provision if:

(i) the person does not comply with an infringement notice

given to the person for the contravention; or

(ii) an infringement notice is not given to the person for the

contravention; or

(iii) an infringement notice is given to the person for the

contravention and is subsequently withdrawn; or

person for an alleged contravention of a prescribed civil

penalty provision; or

(d) limit a court's discretion to determine the amount of a

penalty to be imposed on a person who is found to have

contravened a prescribed civil penalty provision.

Division 4--Enforceable undertakings

145E Acceptance of undertakings

(1) The APVMA may accept any of the following undertakings:

(a) a written undertaking given by a person that the person will,

in order to comply with a provision of this Code, take

specified action;

(b) a written undertaking given by a person that the person will,

in order to comply with a provision of this Code, refrain from

taking specified action;

take specified action directed towards ensuring that the

person does not commit an offence against this Code or

contravene a civil penalty provision, or is unlikely to do so,

in the future.

(2) The undertaking must be expressed to be an undertaking under this

section.

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(3) The person may withdraw or vary the undertaking at any time, but

only with the written consent of the APVMA.

(4) The APVMA's consent is not a legislative instrument.

(5) The APVMA may, by written notice given to the person, cancel

the undertaking.

(6) The APVMA must publish the undertaking on the APVMA's

website.

(7) However, the APVMA is not required to publish so much of the

undertaking that the APVMA is satisfied:

(a) is confidential commercial information; or

(b) is personal information (within the meaning of the Privacy

Act 1988); or

public interest to do so.

145EA Enforcement of undertakings

(1)

If:

(a) a person has given an undertaking under section 145E; and

(b) the undertaking has not been withdrawn or cancelled; and

undertaking;

the APVMA may, on behalf of the Commonwealth, apply to a

court of competent jurisdiction for an order under subsection (2).

(2) If the court is satisfied that the person has breached the

undertaking, the court may make any or all of the following orders:

(a) an order directing the person to comply with the undertaking;

(b) an order directing the person to pay to the Commonwealth an

amount up to the amount of any financial benefit that the

person has obtained directly or indirectly and that is

reasonably attributable to the breach;

person to compensate any other person who has suffered loss

or damage as a result of the breach;

(d) any other order that the court considers appropriate.

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Division 5--Injunctions

145F Grant of injunctions

Restraining injunctions

(1) If a person has engaged, is engaging or is proposing to engage, in

conduct that constitutes an offence against this Code or a

contravention of a civil penalty provision, a court of competent

jurisdiction may, on application by any person, grant an injunction:

(a) restraining the first-mentioned person from engaging in the

conduct; and

(b) if, in the court's opinion, it is desirable to do so--requiring

the first-mentioned person to do a thing.

Performance injunctions

(2)

If:

(a) a person has refused or failed, or is refusing or failing, or is

proposing to refuse or fail, to do a thing; and

(b) the refusal or failure was, is or would be, an offence against

this Code or a contravention of a civil penalty provision;

the court may, on application by any person, grant an injunction

requiring the first-mentioned person to do that thing.

Grant of interim injunctions

(3) Before deciding an application for an injunction under this section,

the court may grant an interim injunction:

(a) restraining a person from engaging in conduct; or

(b) requiring a person to do a thing.

145FA Discharging or varying injunctions

A court may discharge or vary an injunction granted by that court

under this Division.

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145FB Certain limits on granting injunctions not to apply

Restraining injunctions

(1) The power of a court under this Division to grant an injunction

restraining a person from engaging in conduct may be exercised:

(a) whether or not it appears to the court that the person intends

to engage again, or to continue to engage, in conduct of that

kind; and

(b) whether or not the person has previously engaged in conduct

of that kind; and

risk of:

(i) an effect that is harmful to human beings; or

(ii) an unintended effect that is harmful to animals, plants or

things, or to the environment.

Performance injunctions

(2) The power of a court under this Division to grant an injunction

requiring a person to do a thing may be exercised:

(a) whether or not it appears to the court that the person intends

to refuse or fail again, or to continue to refuse or fail, to do

that thing; and

(b) whether or not the person has previously refused or failed to

do that thing; and

risk of:

(i) an effect that is harmful to human beings; or

(ii) an unintended effect that is harmful to animals, plants or

things, or to the environment.

145FC Other powers of a court unaffected

The powers conferred on a court under this Division are in addition

to, and not instead of, any other powers of the court, whether

conferred by this Code or otherwise.

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Division 6--Substantiation notices

145G APVMA may require claims to be substantiated etc.

(1) This section applies if a person has made a claim or representation

in relation to:

(a) a supply, or possible supply, of a chemical product by the

person or another person; or

(b) the manufacture of a chemical product by the person or

another person; or

(2) The APVMA may give the person who made the claim or

representation a written notice that requires the person to do one or

more of the following:

(a) give information or produce documents to the APVMA that

could be capable of substantiating or supporting the claim or

representation;

(b) if the claim or representation relates to a supply, or possible

supply, of chemical products by the person or another

person--give information or produce documents to the

APVMA that could be capable of substantiating:

(i) the quantities in which; and

(ii) the place in which; and

(iii) the period for which;

the person or other person is or will be able to make such a

supply (whether or not the claim or representation relates to

those quantities, that place or that period);

are of a kind specified in the notice;

within 21 days after the notice is given to the person who made the

claim or representation.

(3) Any kind of information or documents that the APVMA specifies

under paragraph (2)(c) must be a kind that the APVMA is satisfied

is relevant to:

(a) substantiating or supporting the claim or representation; or

(b) if the claim or representation relates to a supply, or possible

supply, of chemical products by the person or another

person--substantiating the quantities in which, the place in

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which, or the period for which, the person or other person is

or will be able to make such a supply.

(4) The notice must:

(a) name the person to whom it is given; and

(b) specify the claim or representation to which it relates; and

(5) The notice may relate to more than one claim or representation that

the person has made.

(6) This section does not apply to a person who made the claim or

representation if the person:

(a) made the claim or representation by publishing it on behalf of

another person in the course of carrying on a business of

providing information; and

(b) does not have a commercial relationship with the other

person other than for the purpose of:

(i) publishing claims or representations promoting, or

apparently intended to promote, the other person's

business or other activities; or

(ii) the other person supplying goods or services.

145GA Compliance with substantiation notices

(1) A person given a substantiation notice under section 145G must

comply with the notice:

(a) within the period specified in the notice; or

(b) within such further time as the APVMA allows under

subsection (3).

(2) A person given a substantiation notice under section 145G may

apply to the APVMA for further time to comply with the notice.

An application must be in writing and made within 21 days after

the notice is given to the person.

(3) The APVMA may, by written notice given to the person, extend

the period within which the person must comply with the notice.

(4) Despite subsection (1), an individual may refuse or fail to give

particular information or produce a particular document in

compliance with a substantiation notice on the ground that the

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information, or production of the document, might tend to

incriminate the individual or to expose the individual to a penalty.

145GB Failure to comply with substantiation notice

(1) A person contravenes this subsection if:

(a) the person is given a notice under section 145G; and

(b) the person fails to comply with the notice:

(i) within the period specified in the notice; or

(ii) if the APVMA has allowed the person further time

under subsection 145GA(3)--within such further time.

(2) Subsection (1) does not apply if:

(a) the person is an individual; and

(b) the person refuses or fails to give particular information or

produce a particular document in compliance with a

substantiation notice; and

incriminate the individual or to expose the individual to a

penalty.

(3) A person commits an offence if the person contravenes

subsection (1).

Penalty: 50 penalty units.

Note:

A defendant bears an evidential burden in relation to the matter in

subsection (2). See subsection 13.3(3) of the Criminal Code.

(4) Subsection (1) is a civil penalty provision.

Note 1:

Division 2 provides for pecuniary penalties for contraventions of civil

penalty provisions.

Note 2:

For the evidential burden in civil penalty proceedings in relation to the

matter in subsection (2), see section 145CD.

Division 7--Enforceable directions

145H APVMA may give directions

(1) This section applies if the APVMA believes, on reasonable

grounds, that:

(a) a person is not complying with this Code; and

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(b) it is necessary to exercise powers under this section:

(i) to protect the health and safety of human beings; or

(ii) to protect animals, plants or things, or the environment;

(iii) to prevent significant prejudice to trade or commerce

between Australia and places outside Australia.

(2) The APVMA may, by written notice, give directions to the person

requiring the person to take such steps, within the time specified in

the notice, as are reasonable in the circumstances for the person to

comply with this Code.

(3) A time specified in a notice must be reasonable having regard to

the circumstances.

(4) A person contravenes this subsection if:

(a) the person is given a notice under this section; and

(b) the person fails to comply with the notice within the time

specified in the notice.

(5) A person commits an offence if the person contravenes

subsection (4).

Penalty:

(a) in the case of an aggravated offence--120 penalty units; and

(b) in any other case--30 penalty units.

(6) Subsection (4) is a civil penalty provision.

Note:

Division 2 provides for pecuniary penalties for contraventions of civil

penalty provisions.

(7) Section 4K of the Crimes Act 1914 applies to an offence against

subsection (5).

(8) If the person does not take the steps specified in the notice within

the time specified in the notice, the APVMA may arrange for those

steps to be taken.

(9) If the APVMA incurs costs because of arrangements made by the

APVMA under subsection (8):

(a) the person is liable to pay to the APVMA, on behalf of the

Commonwealth, an amount equal to the costs incurred; and

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(b) the amount may be recovered by the APVMA, on behalf of

the Commonwealth, as a debt due to the Commonwealth in a

court of competent jurisdiction.

(10) To prove an aggravated offence, the prosecution must prove that

the person who committed the offence:

(a) intended his or her conduct:

(i) to cause significant damage to the health and safety of

human beings; or

(ii) to cause significant damage to animals, plants or things,

or the environment; or

(iii) to significantly prejudice trade or commerce between

Australia and places outside Australia; or

(b) was reckless as to whether that conduct:

(i) would cause significant damage to the health and safety

of human beings; or

(ii) would cause significant damage to animals, plants or

things, or the environment; or

(iii) would significantly prejudice trade or commerce

between Australia and places outside Australia.

(11) In this section:

aggravated offence means an offence the commission of which:

(a) causes significant damage, or is likely to cause significant

damage:

(i) to the health and safety of human beings; or

(ii) to animals, plants or things, or the environment; or

(b) would significantly prejudice trade or commerce between

Australia and places outside Australia.

Division 8--Formal warnings

145J APVMA may issue a formal warning

(1) The APVMA may, by written notice, issue a formal warning to a

person if the APVMA has reasonable grounds to suspect that the

person may have contravened the Agvet Code of this jurisdiction.

(2) A formal warning under subsection (1) is not a legislative

instrument.

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Division 9--Miscellaneous

309 Sections 146, 147 and 148 of the Code set out in the

Schedule

Repeal the sections, substitute:

146 False or misleading information or document

(1) A person commits an offence if, for the purposes of, or in

connection with, the consideration by the APVMA, in the course of

the performance of any of its functions or the exercise of any of its

powers under this Code, of any matters referred to in section 5A,

5B, 5C or 5D or subsection 123(1), the person:

(a) gives information (whether orally or in writing) that the

person knows to be false or misleading in a material

particular; or

(b) produces a document that the person knows to be false or

misleading in a material particular without:

(i) indicating to the person to whom the document is

produced that it is false or misleading and the respect in

which it is false or misleading; and

(ii) providing correct information to that person if the

person producing the document is in possession of, or

can reasonably acquire, the correct information.

Penalty: 300 penalty units.

(2) A person commits an offence if, for the purposes of, or in

connection with, the consideration by the APVMA, in the course of

the performance of any of its functions or the exercise of any of its

powers under this Code, of any matters other than matters referred

to in subsection (1), the person:

(a) gives information (whether orally or in writing) that the

person knows to be false or misleading in a material

particular; or

(b) produces a document that the person knows to be false or

misleading in a material particular without:

(i) indicating to the person to whom the document is

produced that it is false or misleading and the respect in

which it is false or misleading; and

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(ii) providing correct information to that person if the

person producing the document is in possession of, or

can reasonably acquire, the correct information.

Penalty: 60 penalty units.

147 Time for bringing proceedings

(1) Proceedings for an offence against this Code may be brought:

(a) within 3 years after the date the offence is alleged to have

been committed; or

(b) within 2 years after the date evidence of the offence first

came to the attention of the APVMA, a member of the staff

of the APVMA or an inspector.

(2) If paragraph (1)(b) is relied on to begin proceedings for an offence,

the court attendance notice, summons or application must contain

particulars of the date that evidence of the offence first came to the

attention of the APVMA, a member of the staff of the APVMA or

an inspector, as the case may be. It need not contain particulars of

the date on which the offence was committed.

(3) The date on which evidence of the offence first came to the

attention of the APVMA, a member of the staff of the APVMA or

an inspector, as the case may be, is the date specified in the court

attendance notice, summons or application, unless the contrary is

established.

(4) In this section:

evidence, in relation to an offence, means evidence of any act or

omission constituting the offence.

310 After section 149 of the Code set out in the Schedule

Insert:

149A Recovery of costs of investigations

(1) This section applies if:

(a) a person is convicted of an offence against an agvet law or is

found to have contravened an agvet penalty provision; and

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258 Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. ,

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(b) the court convicting the person finds that the APVMA has

reasonably incurred costs and expenses in taking a sample, or

conducting an inspection, test or analysis during the

investigation of the offence or agvet penalty provision; and

payment of the costs and expenses.

(2) The court may order the person to pay to the APVMA, on behalf of

the Commonwealth, the reasonable costs and expenses that it

considers just and equitable in the circumstances.

Note:

The APVMA may recover certain other expenses. See section 142.

311 Subsection 160A(2) of the Code set out in the Schedule

(penalty)

Repeal the penalty.

312 After subsection 160A(2) of the Code set out in the

Schedule

Insert:

(2A) A person commits an offence if the person contravenes

subsection (2).

Penalty: 300 penalty units.

(2B) Subsection (2) is a civil penalty provision.

Note:

Division 2 of Part 9A provides for pecuniary penalties for

contraventions of civil penalty provisions.

313 Subsection 161(1) of the Code set out in the Schedule

(penalty)

Repeal the penalty.

314 After subsection 161(1) of the Code set out in the

Schedule

Insert:

(1A) A person commits an offence if the person contravenes

subsection (1).

Penalty: 300 penalty units.

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(1B) Subsection (1) is a civil penalty provision.

Note:

Division 2 of Part 9A provides for pecuniary penalties for

contraventions of civil penalty provisions.

315 Subsection 162(11) of the Code set out in the Schedule

Omit "section 52, 53, 54 or 55", substitute "section 8H or 8J, paragraph

45A(1)(b) or section 47C".

316 Subsection 170A(1) of the Code set out in the Schedule

(penalty)

Repeal the penalty, substitute:

Penalty: 50 penalty units.

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260 Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. ,

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Schedule 4--Data protection

Agricultural and Veterinary Chemicals Code Act 1994

1 Subsection 3(1) of the Code set out in the Schedule

(definition of companion animal product)

Repeal the definition.

2 Subsection 3(1) of the Code set out in the Schedule

Insert:

continue, an approval or registration, has, for the purposes of

Part 3, the meaning given by subsection 59(6).

3 Subsection 3(1) of the Code set out in the Schedule

Insert:

limitation period has the meanings given by section 34M.

4 Subsection 3(1) of the Code set out in the Schedule

(definition of primary applicant)

Repeal the definition.

5 Subsection 3(1) of the Code set out in the Schedule

Insert:

primary holder means:

(a) in relation to a primary active constituent--the holder by

whom, or on whose behalf, protected information was given

to the APVMA in respect of the constituent; or

(b) in relation to a primary chemical product--the holder by

whom, or on whose behalf, protected information was given

to the APVMA in respect of the product.

6 Subsection 3(1) of the Code set out in the Schedule

(definition of protected active constituent)

Omit "approved".

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7 Subsection 3(1) of the Code set out in the Schedule

(definition of protected active constituent)

Omit "both", substitute "each".

8 Subsection 3(1) of the Code set out in the Schedule (at the

end of the definition of protected active constituent)

Add:

; (c) the constituent is approved under Part 2.

9 Subsection 3(1) of the Code set out in the Schedule

(definition of protected chemical product)

Omit "registered".

10 Subsection 3(1) of the Code set out in the Schedule

(definition of protected chemical product)

Omit "both", substitute "each".

11 Subsection 3(1) of the Code set out in the Schedule (after

paragraph (b) of the definition of protected chemical

product)

Insert:

; (c) the product is registered under Part 2.

12 Subsection 3(1) of the Code set out in the Schedule

(definition of protected chemical product)

Omit all the words after paragraph (b).

13 Subsection 3(1) of the Code set out in the Schedule

(definition of protected information)

Repeal the definition, substitute:

protected information means information or results given to the

APVMA as required under paragraph 32(1)(b) or 33(1)(a) or (c), or

subparagraph 159(1)(d)(i), (ii) or (iii), that:

(a) have been obtained because of a trial or laboratory

experiment; and

(b)

relate

to:

(i) an active constituent that has been approved; or

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262 Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. ,

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(ii) a chemical product that has been registered.

14 Subsection 3(1) of the Code set out in the Schedule

(definition of protection period)

Repeal the definition, substitute:

protection period, in relation to protected information, means the

period that:

(a) begins when the information is first given to the APVMA in

relation to a reconsideration; and

(b) ends 8 years after the APVMA makes its decision on the

reconsideration.

15 Subsection 3(1) of the Code set out in the Schedule

(definition of secondary applicant)

Repeal the definition.

16 Subsection 3(1) of the Code set out in the Schedule

Insert:

secondary holder, in relation to a secondary active constituent for

a proposed or existing chemical product, means:

(a) if the APVMA is considering an application for the approval

of that constituent--the person who made the application; or

(b) if the APVMA has reconsidered or is reconsidering the

approval of that constituent:

(i) the person entered in the Record as the holder of the

approval; or

(ii) if the holder was an individual who has died or is an

individual whose affairs are being lawfully administered

by another person--the legal personal representative of

the individual or the person administering the

individual's affairs; or

(iii) if the holder was a body corporate--a successor in law

of the body corporate.

17 Subsection 3(1) of the Code set out in the Schedule

Insert:

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secondary holder, in relation to a secondary chemical product,

means:

(a) if the APVMA is considering an application for the

registration of that product--the person who made the

application; or

(b) if the APVMA has reconsidered or is reconsidering the

registration of that product:

(i) the person entered in the Register as the holder of the

registration; or

(ii) if the holder was an individual who has died or is an

individual whose affairs are being lawfully administered

by another person--the legal personal representative of

the individual or the person administering the

individual's affairs; or

(iii) if the holder was a body corporate--a successor in law

of the body corporate.

18 Section 34B of the Code set out in the Schedule

Repeal the section, substitute:

34F Explanation of Division

(1) This Division limits the use the APVMA can make of information

given to it:

(a) in connection with an application under section 10 or 27; or

(b)

under

section

161.

(2) Section 34G sets out general rules about the use of information.

(3) Section 34H provides that a breach of the rules does not affect the

validity of the APVMA's actions.

(4) Sections 34J, 34K and 34L set out exceptions to the general rules.

(5) Section 34M sets out limitation periods for certain information.

19 Subdivision B of Division 4A of Part 2 of the Code set out

in the Schedule (heading)

Repeal the heading, substitute:

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Subdivision B--General rules

20 Section 34C of the Code set out in the Schedule (heading)

Repeal the heading, substitute:

34G General rules

21 Subsection 34C(1) of the Code set out in the Schedule

Repeal the subsection, substitute:

(1) The APVMA must not use the following information to assess or

make a decision on an application made under section 10 or 27:

(a) information given to the APVMA in connection with another

application made under section 10 or 27 by the applicant for

the other application;

(b) information given under section 161.

(1A) The APVMA must not use the following information to vary

relevant particulars or conditions under section 26C, 29A or 29G

or reconsider an approval or registration under Division 4 of Part 2:

(a) information given to the APVMA in connection with an

application made under section 10 or 27 by the applicant for

the application;

(b) information given under section 161.

(1B) For the purposes of subsections (1) and (1A), the use of

information includes the following:

(a) applying a decision made, or a conclusion reached, based on

the information;

(b) the use of knowledge or understanding gained from the

information.

22 After subsection 34C(2) of the Code set out in the

Schedule

Insert:

(3) A person or body consulted under section 8 or 8A of the

Agricultural and Veterinary Chemicals (Administration) Act 1992

must not, for the purposes of providing information or advice in

relation to an application or reconsideration, use information that

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the APVMA must not use in determining the application or

reconsidering the approval or registration.

23 Before subsection 34C(3) of the Code set out in the

Schedule

Insert:

34H Contraventions of general rules

24 Subsection 34C(3) of the Code set out in the Schedule

Renumber as subsection (1).

25 Subsection 34C(3) of the Code set out in the Schedule

Omit all the words after "contravention of", substitute "section 34G to

determine an application, reconsider an approval or registration or vary

relevant particulars or conditions does not affect the validity of the

determination, the decision on the reconsideration or the relevant

particulars or conditions".

26 Subsection 34C(4) of the Code set out in the Schedule

Renumber as subsection (2).

27 Subsection 34C(4) of the Code set out in the Schedule

Omit "subsection (1)", substitute "section 34G".

28 Subparagraph 34C(4)(c)(i) of the Code set out in the

Schedule

Repeal the subparagraph.

29 Subdivisions C, D and E of Division 4A of Part 2 of the

Code set out in the Schedule

Repeal the Subdivisions, substitute:

Subdivision C--Exceptions

34J Consent, public interest etc.

(1) Section 34G does not prevent the APVMA from using information

if a condition in this section is met.

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266 Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. ,

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Consent to use

(2) One condition is that the authorising party gives written consent to

the use of the information. This condition is met even if the

authorising party:

(a) later states that it has not consented; or

(b) withdraws the consent (whether before or after the APVMA

is given the consent).

Note:

Chapter 7 of the Criminal Code creates offences relating to false and

misleading statements and forgery.

Use in the public interest

(3) Another condition is that the APVMA is satisfied, having regard to

the criteria (if any) prescribed by the regulations, that the use of the

information is in the public interest.

Note:

Section 34K sets out other rules that are relevant to the exception

based on this condition.

Information does not favour the applicant or holder

(4) Another condition is that:

(a) the information relates to:

(i) a proposed or existing approval of an active constituent

for a proposed or existing chemical product; or

(ii) a proposed or existing registration of a proposed or

existing chemical product; and

(b) the information shows that the constituent or product may not

meet the safety criteria, the trade criteria or the efficacy

criteria.

Information given again

(5) Another condition is that the information:

(a) is given to the APVMA in connection with an application

and is used to assess or make a decision on the application; or

(b) is given to the APVMA in connection with the

reconsideration, under Division 4 of Part 2, of an approval or

registration and is used to reconsider the approval or

registration.

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Protected information whose protection period has expired

(5A) Another condition is that the information is protected information

whose protection period has expired.

Note: For

protected information and protection period, see subsection 3(1)

and Part 3.

Information is publicly available

(5B) Another condition is that the information is publicly available.

Information given to APVMA in connection with certain

applications

(6) Another condition is that the information was given in connection

with:

(a) an application for approval, as an active constituent for a

chemical product, of a substance that was a previously

endorsed active constituent on the commencement of this

Division; or

(b) an application for the variation of the relevant particulars or

conditions of the approval of an active constituent for a

chemical product.

34K Further rules about public interest exception

(1) This section applies if the APVMA is satisfied under subsection

34J(3) that it is in the public interest to use information.

(2) The APVMA must, as soon as practicable, give written notice of

its satisfaction to:

(a) the applicant for the application in connection with which the

information was given; and

(b) if the applicant is not the authorising party for the

information--the person whom the APVMA believes is the

authorising party.

(3) The APVMA must not use the information before the end of 28

days after the day on which the notice is given.

(4) However, subsection (3) does not apply if:

(a) the APVMA believes it is necessary to use the information

before the end of 28 days after the notice is given, to prevent

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268 Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. ,

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imminent risk to persons of death, serious injury or serious

illness; and

(b) states that belief in the notice.

34L Information with limitation periods

Section 34G does not prevent the APVMA from using information

to which a limitation period applies:

(a) after the limitation period has ended; or

(b) to reconsider an approval or registration under Division 4 of

Part 2 if the decision on the reconsideration is made after the

limitation period has ended.

Note:

Information given in connection with an application made under

section 10 or 27 has a limitation period only if the information was

relied on to:

(a) approve or register the constituent, product or label concerned; or

(b) vary the relevant particulars or conditions concerned.

Information that does not have a limitation period is protected

indefinitely.

34M Limitation periods

(1) The table below sets out limitation periods for certain information

given in connection with an application made under section 10 or

27:

Limitation periods for certain information given in connection with an

application made under section 10 or 27

The limitation period for: ends:

after:

1 information:

(a) given in connection with an application

under section 10 for approval of an active

constituent (for a proposed or existing

chemical product) that was not a

previously endorsed active constituent on

the commencement of this Division; and

(b) relied on to approve the active constituent

10 years

the constituent is

approved.

2 information:

(a) given in connection with an application

made under section 10 for:

10 years

the product or

label, as required,

is registered or

approved.

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Limitation periods for certain information given in connection with an

application made under section 10 or 27

The limitation period for: ends:

after:

(i) registration of a chemical product at

least one of whose active

constituents was not a previously

endorsed active constituent when

the application passed preliminary

assessment; or

(ii) approval of a label for a container

for a chemical product at least one

of whose active constituents was

not a previously endorsed active

constituent when the application

passed preliminary assessment; and

(b) relied on to register the product or approve

the label

3 information:

(a) given in connection with an application

(except one covered by item 2) made

under section 10 for:

(i) registration of an agricultural

chemical product; or

(ii) approval of a label for a container

for an agricultural chemical

product; and

(b) relied on to register the product or approve

the label

5 years

the product or

label, as required,

is registered or

approved.

4 information:

(a) given in connection with an application

(except one covered by item 2) made

under section 10 for:

(i) registration of a veterinary chemical

product; or

(ii) approval of a label for a container

for a veterinary chemical product;

and

(b) relied on to register the product or approve

the label

3 years

the product or

label, as required,

is registered or

approved.

5 information:

(a) given in connection with an application

5 years

the relevant

particulars or

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270 Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. ,

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Limitation periods for certain information given in connection with an

application made under section 10 or 27

The limitation period for: ends:

after:

made under section 27 for variation of the

relevant particulars or conditions of:

(i) the registration of an agricultural

chemical product; or

(ii) the approval of a label for a

container for an agricultural

chemical product; and

(b) relied on to vary the relevant particulars or

conditions

conditions are

varied.

6 information:

(a) given in connection with an application

made under section 27 for variation of the

relevant particulars or conditions of:

(i) the registration of a veterinary

chemical product; or

(ii) the approval of a label for a

container for a veterinary chemical

product; and

(b) relied on to vary the relevant particulars or

conditions

3 years

the relevant

particulars or

conditions are

varied.

(2) The table below sets out limitation periods for information given

under section 161:

Limitation periods for information given under section 161

The limitation period for: ends:

after:

information given under section 161 in

connection with an agricultural chemical

product

5 years

the information is

given.

information given under section 161 in

connection with a veterinary chemical product

3 years

the information is

given.

30 Paragraph 57(2)(b) of the Code set out in the Schedule

Repeal the paragraph, substitute:

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271

(b) the information was obtained because of a trial or laboratory

experiment and any of the following apply:

(i) the information is of a kind mentioned in paragraph

32(1)(b) and was given to the APVMA in response to a

notice under that section;

(ii) the trial or laboratory experiment was conducted in

response to a notice under section 33;

(iii) the information was given to the APVMA in response to

a notice under subsection 159(1) for the purposes of

subparagraph 159(1)(d)(i), (ii) or (iii).

31 Subsection 57(2) of the Code set out in the Schedule

Omit all the words after paragraph (b).

32 Subsection 57(3) of the Code set out in the Schedule

Repeal the subsection.

33 Section 58 of the Code set out in the Schedule

Repeal the section.

34 Subsection 59(1) of the Code set out in the Schedule

Omit all the words from and including "Subject to subsections (1A) and

(2)" to and including "protected information", substitute "If protected

information".

35 Paragraph 59(1)(c) of the Code set out in the Schedule

Renumber as paragraph (a).

36 Paragraph 59(1)(d) of the Code set out in the Schedule

Renumber as paragraph (b).

37 At the end of subsection 59(1) of the Code set out in the

Schedule

Add:

Note: In

this

Part:

(a) approve does not include re-approve; and

(b) register does not include re-register.

See the definitions of approve and register in subsection 3(1).

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272 Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. ,

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38 Subsection 59(1A) of the Code set out in the Schedule

Repeal the subsection.

39 Subsection 59(2) of the Code set out in the Schedule

Omit "applicant" (wherever occurring), substitute "holder".

40 At the end of subsection 59(2) of the Code set out in the

Schedule

Add:

; or (e) the information was previously given to the APVMA other

than as protected information and neither of the following

applies:

(i) the information was given only in response to an

invitation under paragraph 8S(2)(e) in relation to an

application for re-approval of the primary active

constituent or re-registration of the primary chemical

product;

(ii) Division 4A of Part 2 limits the use of the information;

(f) the information shows that the secondary active constituent

or secondary chemical product may not meet the safety

criteria, the trade criteria or the efficacy criteria; or

(g) the information is publicly available.

41 Paragraph 59(3)(a) of the Code set out in the Schedule

Omit "applicant" (wherever occurring), substitute "holder".

42 Subsection 59(4) of the Code set out in the Schedule

Repeal the subsection.

43 Paragraph 59(5)(a) of the Code set out in the Schedule

Omit "applicant", substitute "holder".

44 At the end of section 59 of the Code set out in the

Schedule

Add:

(6) In this Part, continue an approval or registration means:

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273

(a) vary the relevant particulars or conditions of the approval or

registration, other than under Division 3A of Part 2

(re-approving and re-registering); or

(b) affirm the approval or registration under Division 4 of Part 2

(reconsidering approvals and registrations).

45 Section 60 of the Code set out in the Schedule (heading)

Repeal the heading, substitute:

60 APVMA to notify holders

46 Subsection 60(2) of the Code set out in the Schedule

Omit "secondary applicant" (first occurring), substitute "primary holder

or each primary holder and to the secondary holder".

47 Paragraph 60(2)(b) of the Code set out in the Schedule

Omit ", (b) or (d)", substitute "or (b)".

48 Paragraph 60(2)(c) of the Code set out in the Schedule

Repeal the paragraph, substitute:

day stated in the notice, which must be within 60 days after

the notice is given, whether the notice recipient wants the

APVMA to take further action in respect of the information

under this section.

49 Subsection 60(3) of the Code set out in the Schedule

Omit "the secondary applicant" (first occurring), substitute "a notice

recipient".

50 Subsection 60(3) of the Code set out in the Schedule

After "the APVMA must", insert ", within 14 days,".

51 Subsection 60(3) of the Code set out in the Schedule

Omit "primary applicant" (first and second occurring), substitute

"primary holder".

52 Subsection 60(3) of the Code set out in the Schedule

Schedule 4 Data protection

274 Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. ,

2012

Omit "secondary applicant" (second occurring), substitute "secondary

holder".

53 Paragraph 60(3)(a) of the Code set out in the Schedule

Omit "applicant" (wherever occurring), substitute "holder".

54 Paragraph 60(3)(b) of the Code set out in the Schedule

Omit "applicant", substitute "holder".

55 Paragraph 60(3)(b) of the Code set out in the Schedule

Omit ", (b) or (d)", substitute "or (b)".

56 Paragraphs 60(3)(c) and (e) of the Code set out in the

Schedule

Omit "applicant" (wherever occurring), substitute "holder".

57 Section 61 of the Code set out in the Schedule (heading)

Repeal the heading, substitute:

61 Primary holder to notify secondary holder

58 Subsection 61(1) of the Code set out in the Schedule

Omit "As soon as practicable", substitute "Within 28 days".

59 Subsection 61(1) of the Code set out in the Schedule

Omit "applicant" (wherever occurring), substitute "holder".

60 Subsection 61(1) of the Code set out in the Schedule

Omit "section 60", substitute "subsection 60(3)".

61 Section 62 of the Code set out in the Schedule

Omit "applicant" (wherever occurring), substitute "holder".

62 Paragraph 62(1)(b) of the Code set out in the Schedule

Omit "applicants", substitute "holders".

63 Subsection 62(1) of the Code set out in the Schedule

Omit "and the secondary", substitute "and any".

Data protection Schedule 4

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275

64 Section 69 of the Code set out in the Schedule

Omit "applicant" (wherever occurring), substitute "holder".

65 Section 70 of the Code set out in the Schedule

Omit "applicant" (wherever occurring), substitute "holder".

66 Subsection 70(1) of the Code set out in the Schedule

Omit "applicants", substitute "holders".

67 Subsection 71(1) of the Code set out in the Schedule

Omit "section", substitute "Division".

68 Section 169 of the Code set out in the Schedule

Before "When", insert "(1)".

69 At the end of section 169 of the Code set out in the

Schedule

Add:

(2) Subsection (1) is not limited by section 14B, Division 4A of Part 2

or Part 3.

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276 Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. ,

2012

Schedule 5--Arrangements for collecting levy

Agricultural and Veterinary Chemical Products (Collection

of Levy) Act 1994

1 Subsection 3(1)

Insert:

Agency has the same meaning as in the Financial Management and

Accountability Act 1997.

2 Subsection 3(1)

Insert:

collecting agency means:

(a) if an Agency is specified by instrument under section 3A to

be the collecting agency--the Agency; or

(b) if paragraph (a) does not apply--the APVMA.

3 Subsection 3(1) (definition of notional wholesale value)

Omit "APVMA", substitute "collecting agency".

4 After section 3

Insert:

3A Minister may specify collecting agency

(1) The Minister may, by written instrument, specify an Agency to be

the collecting agency.

(2) Before making an instrument specifying an Agency, the Minister

must get the written agreement of the Minister responsible for the

Agency.

(3) An instrument under subsection (1) is not a legislative instrument.

5 Section 6 (heading)

Repeal the heading, substitute:

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Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. , 2012

277

6 Power of collecting agency to make certain determinations

6 Subsection 6(1)

Omit "APVMA", substitute "collecting agency".

7 Subsection 14(2)

Omit "APVMA", substitute "collecting agency".

8 Paragraph 14A(1)(a)

Omit "APVMA", substitute "collecting agency".

9 Subsection 14A(3)

Omit "APVMA", substitute "collecting agency".

10 Subsection 15(1)

Omit "APVMA" (wherever occurring), substitute "collecting agency".

11 Subsection 15(3)

Omit "APVMA" (wherever occurring), substitute "collecting agency".

12 Subsections 15(4), (5) and (6)

Omit "APVMA", substitute "collecting agency".

13 Section 16 (heading)

Repeal the heading, substitute:

16 Assessment of levy by collecting agency

14 Subsection 16(1)

Omit "APVMA", substitute "collecting agency".

15 Subsection 16(4)

After "APVMA", insert "or, if an Agency is specified by instrument

under section 3A, the Agency".

16 Subsections 16(5) and (6)

Omit "APVMA", substitute "collecting agency".

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278 Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. ,

2012

17 Subsection 16(12)

Omit "APVMA by the Chief Executive Officer of the APVMA",

substitute "collecting agency by the Chief Executive Officer of the

Agency".

18 Subsection 17(1)

Omit "APVMA" (wherever occurring), substitute "collecting agency".

19 Paragraph 17(2)(a)

Omit "or to an inspector", substitute ", an Agency specified by

instrument under section 3A or an inspector".

20 Subsection 18(1)

Omit "APVMA" (wherever occurring), substitute "collecting agency".

21 Subsections 18(3), (4), (5), (7) and (8)

Omit "APVMA", substitute "collecting agency".

22 At the end of Part 3

Add:

18A Reporting obligations of collecting agency

(1) This section applies if an Agency is specified by instrument under

section 3A to be the collecting agency.

(2) In relation to a particular period, the Agency must notify the

APVMA, in writing, of the following:

(a) the leviable disposals of a chemical product that took place

during the period;

(b) the total leviable value (if any) in respect of the product for

that period and the amount of the levy (if any) that was

payable;

was payable in respect of leviable disposals of the chemical

product during the period;

(d) the amounts of levy, late payment penalty or understatement

penalty collected by the Agency during the period;

Arrangements for collecting levy Schedule 5

Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. , 2012

279

(e) if the prescribed date for payment of levy falls within the

period--the amounts of levy that have not been paid on or

before the prescribed date;

(f) if late payment penalty or understatement penalty is payable

during the period--any amounts of late payment penalty or

understatement penalty that have not been paid;

(g) if the amounts of any levy, late payment penalty or

understatement penalty overpaid by a person have been

credited during the period against a liability of the person to

pay another such amount under the Act--the amount credited

and the person in relation to whom the amount was credited;

(h) if the whole or part of the liability to pay an amount of levy,

late payment penalty or understatement penalty has been

waived during the period--the amount that has been waived

and the person in relation to whom the amount was waived;

(i) if the total amount of levy, late payment penalty or

understatement penalty was rounded during the period--the

amount of levy, late payment penalty or understatement

penalty payable, the amount as rounded and the person in

relation to whom the amount was rounded.

(3) The Agency must notify the APVMA in such form, and by such

time after the end of the period, as the APVMA requires.

18B APVMA may request information from collecting agency

(1) This section applies if an Agency is specified by instrument under

section 3A to be the collecting agency.

(2) The APVMA may request the collecting agency to provide any

information it has acquired under this Act if the APVMA considers

that the information is or may be required to enable:

(a) the APVMA to perform functions, or exercise powers, under

the Agricultural and Veterinary Chemicals (Administration)

Act 1992 or the Agvet Code of a State or of the participating

Territories; or

(b) the Chief Executive Officer of the APVMA to perform his or

her functions, or exercise his or her powers, under the

Agricultural and Veterinary Chemicals (Administration) Act

1992 or the Agvet Code of a State or of the participating

Territories.

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280 Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. ,

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(3) The Agency must respond to the APVMA in such form, and by

such time, as the APVMA requires.

23 Section 20 (heading)

Repeal the heading, substitute:

20 APVMA or collecting agency may require information about

disposals of chemical products

24 Subsection 20(1)

After "the APVMA may", insert "or, if a collecting agency is specified

by instrument under section 3A to be the collecting agency, the

collecting agency may".

25 Subsection 20(1)

After "give to the APVMA", insert "or the collecting agency, as the

case may be".

26 Subsection 20(2)

Repeal the subsection, substitute:

(2) To avoid doubt, the APVMA may give a written notice under

subsection (1) even if an Agency is specified by instrument under

section 3A to be the collecting agency.

27 Section 33 (heading)

Repeal the heading, substitute:

33 Administrative Appeals Tribunal may review certain decisions by

collecting agency

28 Paragraphs 33(b), (c) and (d)

Omit "APVMA", substitute "collecting agency".

29 Section 38

Omit "delegate of the APVMA", substitute "delegate of the APVMA or

of any other Agency".

30 Subsection 38A(1)

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Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. , 2012

281

Omit "APVMA", substitute "collecting agency".

31 Section 38B

Omit "APVMA", substitute "collecting agency".

32 Section 38B (note)

Omit "APVMA", substitute "collecting agency".

33 Section 38C

Omit "APVMA", substitute "collecting agency".

34 After section 38C

Insert:

38D Costs and expenses of collecting agency

If an Agency is specified by instrument under section 3A to be the

collecting agency, the APVMA:

(a) must pay the Agency for the costs and expenses incurred by

the Agency in relation to collecting levy, late payment

penalty or understatement penalty under this Act; and

(b) may debit the Australian Pesticides and Veterinary Medicines

Special Account for this purpose.

38E Delegation

The Chief Executive Officer of an Agency may, by writing,

delegate his or her power under subsection 16(12) to:

(a) if the Agency is the APVMA--an SES employee or acting

SES employee in the APVMA; or

(b) if the Agency is specified by instrument under section 3A to

be the collecting agency--an SES employee or acting SES

employee in the Agency.

35 Subsection 39(1)

After "APVMA", insert "or, if a collecting agency is specified by

instrument under section 3A to be the collecting agency, the collecting

agency, or both,".

36 Validation of delegations

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282 Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. ,

2012

(1)

If, before this item commenced:

(a) a member of the staff of the APVMA signed a notice of

assessment on behalf of the APVMA; and

(b) the member purported to do so as a delegate of the Chief

Executive Officer under subsection 16(12) of the

Agricultural and Veterinary Chemical Products (Collection

of Levy) Act 1994;

the member is taken to have done so as a delegate of the Chief

Executive Officer under that subsection.

(2)

This item does not affect rights or liabilities arising between parties to

proceedings heard and finally determined by a court before the day this

item commenced.

Miscellaneous Schedule 6

Miscellaneous amendments Part 1

Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. , 2012

283

Schedule 6--Miscellaneous

Part 1--Miscellaneous amendments

Agricultural and Veterinary Chemical Products (Collection

of Levy) Act 1994

1 Subsection 3(1) (definition of prescribed date for payment)

Repeal the definition, substitute:

prescribed date for payment, in relation to any levy that is payable,

means:

(a) if levy is payable because of an assessment that has been

made--the date stated in the notice of assessment to be the

date by which the levy is to be paid; or

(b) in any other case--the next 31 December following the end

of the relevant financial year.

Note:

As the levy is paid in arrears, levy might be payable in respect of a

chemical product whose registration has ceased.

2 Subsection 3(1) (definition of rate of levy)

Repeal the definition, substitute:

rate of levy has the meaning given by section 12C.

3 Subsection 3(1) (definition of registered)

Repeal the definition, substitute:

registered, in relation to a jurisdiction, means registered under a

registration law of the jurisdiction.

4 Subsection 3(1) (paragraph (a) of the definition of

registration law)

Omit "or 2A".

5 Subsection 3(1) (definition of relevant calendar year)

Repeal the definition.

6 Division 1 of Part 2

Schedule 6 Miscellaneous

Part 1 Miscellaneous amendments

284 Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. ,

2012

Repeal the Division.

7 Subsection 12C(1)

Omit "(1)".

8 Subsections 12C(2) and (3)

Repeal the subsections.

9 Subsection 20(1)

Omit "(other than section 9)".

10 Section 36 (heading)

Repeal the heading, substitute:

36 Records to be kept by applicants for registration of, and persons

who import or manufacture, chemical products

11 Subsection 36(1)

Omit "or the renewal of registration,", substitute "renewal of

registration or re-registration".

12 Subsection 39(2)

Omit "11, 12 or".

Agricultural and Veterinary Chemicals Act 1994

13 Subsection 7(4)

Repeal the subsection.

14 After section 8

Insert:

8A Application of legislative instruments in the participating

Territories

Legislative instruments in force for the time being under the

Agricultural and Veterinary Chemicals Code Act 1994 apply as

legislative instruments in force for the purposes of the Agvet Code

of the participating Territories.

Miscellaneous Schedule 6

Miscellaneous amendments Part 1

Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. , 2012

285

15 Subsection 23(1)

Omit "may determine", substitute "may, by legislative instrument,

determine".

16 Subsection 23(1)

Omit "written".

17 Subsection 23(3)

Repeal the subsection, substitute:

(3) Despite subsection 44(1) of the Legislative Instruments Act 2003,

section 42 (disallowance) of that Act applies to a legislative

instrument made under subsection (1) of this section.

Agricultural and Veterinary Chemicals (Administration) Act

1992

18 Paragraph 7(1A)(b)

Omit "registered listed chemical products,".

19 Subsection 8(1)

Omit "persons, bodies or Governments", substitute "persons or bodies".

20 After paragraph 8(1)(b)

Insert:

(ba) a national regulatory authority of a foreign country that has

national responsibility relating to the evaluation, registration

or control of agricultural or veterinary chemical products;

and

21 Subsection 8(1A)

Omit "person, body or Government", substitute "person or body".

22 Subsection 8A(2)

Omit "or listed registration" (wherever occurring).

23 Paragraph 55(2)(a)

Omit "goals", substitute "objectives".

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Part 1 Miscellaneous amendments

286 Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. ,

2012

24 At the end of subsection 55(2)

Add:

; and (c) include such other information (if any) as is prescribed by the

regulations.

25 Paragraph 61(2)(c)

Repeal the paragraph, substitute:

against:

(i) the performance indicators set out in the corporate plan

applicable to the period and the annual operational plan;

and

(ii) the performance indicators (if any) prescribed by the

regulations for the purposes of this subparagraph;

26 Subparagraph 69B(1)(a)(ii)

Omit "a registered listed chemical product,".

27 Section 69EZB

Omit "subsection 58(1)", insert "subsection 6C(1)".

28 Paragraph 69H(1)(b)

Omit ", a registered listed chemical product".

29 Paragraph 69H(1)(e)

Omit "listed registration," (wherever occurring).

30 Paragraph 69H(2)(ba)

Repeal the paragraph.

31 Subsection 69H(2)

Omit "granted listed registration to the product,".

32 Subparagraph 70(1)(b)(iii)

Omit ", a registered listed chemical product".

33 After section 71

Insert:

Miscellaneous Schedule 6

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Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. , 2012

287

72 Review of Agvet Scheme every 10 years

(1) The Minister must ensure that, at least every 10 years, there is a

review of the operation of the following Acts, and any instruments

made under those Acts:

(a)

the

Agricultural and Veterinary Chemical Products

(Collection of Levy) Act 1994;

(b)

the

Agricultural and Veterinary Chemical Products Levy

Imposition (Customs) Act 1994;

(c)

the

Agricultural and Veterinary Chemical Products Levy

Imposition (Excise) Act 1994;

(d)

the

Agricultural and Veterinary Chemical Products Levy

Imposition (General) Act 1994;

(e)

the

Agricultural and Veterinary Chemicals Act 1994;

(f)

the

Agricultural and Veterinary Chemicals (Administration)

Act 1992;

(g)

the

Agricultural and Veterinary Chemicals Code Act 1994.

(2) The Minister may include any related matter in the review.

(3) At least one of the persons conducting the review must not be

otherwise appointed, employed or engaged by the Commonwealth.

(4) The review must include a request for, and consideration of,

submissions from members of the public.

(5) The Minister must cause a written report of the review to be laid

before each House of the Parliament within 15 sitting days of the

House after:

(a) for the first review under this section--the tenth anniversary

of the commencement of this section; and

(b) for later reviews--the tenth anniversary of the day on which

the written report of the immediately preceding review was

laid before each House of the Parliament.

34 Section 77

Repeal the section.

Agricultural and Veterinary Chemicals Code Act 1994

35 Subsection 7(1)

Schedule 6 Miscellaneous

Part 1 Miscellaneous amendments

288 Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. ,

2012

Omit "signed writing", substitute "legislative instrument".

36 Subsections 7(3) to (5)

Repeal the subsections, substitute:

(3) Despite subsection 44(1) of the Legislative Instruments Act 2003,

section 42 of that Act applies to a legislative instrument made

under subsection (1) of this section.

37 Paragraph 7(6)(b)

Repeal the paragraph, substitute:

(b) the fact that section 42 of the Legislative Instruments Act

2003 would apply in relation to the order because of

subsection (3) of this section.

38 Section 9

Repeal the section.

39 Schedule (table of contents)

Repeal the table of contents.

40 Schedule (list of terms defined by section 3)

Repeal the list.

41 Subsection 3(1) of the Code set out in the Schedule

Omit "(1)".

42 Subsection 3(1) of the Code set out in the Schedule

(definition of material safety data sheet)

Repeal the definition.

43 Subsection 3(2) of the Code set out in the Schedule

Repeal the subsection.

44 After section 163 of the Code set out in the Schedule

Insert:

Miscellaneous Schedule 6

Miscellaneous amendments Part 1

Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. , 2012

289

163A Legislative instruments to be disallowable

(1) Despite subsection 44(1) of the Legislative Instruments Act 2003

but subject to subsection (2) of this section, section 42 of that Act

applies to a legislative instrument made under this Code.

(2) However, subsection (1) does not apply to a legislative instrument

made under section 5B or 8B of this Code.

163B Certain provisions to have effect as part of this Code

If a law amends this Code, any provision of that law, or of any

other instrument made under that law, has effect, to the extent that

it deals with matters of a transitional, application or savings nature

relating to the amendment, as if it were part of this Code.

45 Sections 173, 175, 177, 179 and 182 of the Code set out in

the Schedule

Repeal the sections.

Schedule 6 Miscellaneous

Part 2 Transitional, application and savings provisions

290 Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. ,

2012

Part 2--Transitional, application and savings

provisions

46 Definitions

In this Part:

agvet law means:

(a) the Agvet Code of this, or another, jurisdiction; or

(b)

the

Agricultural and Veterinary Chemical Products

(Collection of Levy) Act 1994; or

(c)

the

Agricultural and Veterinary Chemicals (Administration)

Act 1992.

commencement time means the time when item 1 of Schedule 1 to this

Act commences.

new Code means the following as in force on and after the

commencement of this Schedule:

(a) the Code set out in the Schedule to the Agricultural and

Veterinary Chemicals Code Act 1994;

(b) the regulations made under the Code;

old Code means the following as in force immediately before the

commencement of this Schedule:

(a) the Code set out in the Schedule to the Agricultural and

Veterinary Chemicals Code Act 1994;

(b) the regulations made under the Code;

47 Applications made and reconsiderations commenced

(1)

For the first 12 months after the commencement time, the old Code

continues to apply for the purposes of:

(a) determining an application lodged with the APVMA before

the commencement time; and

(b) completing a reconsideration begun under Division 4 of

Part 2 before the commencement time.

(2)

Paragraph (1)(a) does not apply in relation to an application made under

section 10 or 27 of the old Code if notice under section 11A of that

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Code in relation to the application has not been given to an approved

person before the commencement time.

(3)

For the purposes of paragraph (1)(b), a reconsideration begins when the

period within which a submission in relation to the reconsideration must

be given to the APVMA under paragraph 32(1)(b) or 32(2)(c) of the old

Code ends.

48 Saving of regulations and other instruments

(1) If:

(a)

regulations

(the

existing regulations) were made under a

provision of the old Code; and

(b) a provision (the corresponding provision) of the new Code

provides for regulations to be made for the same, or

substantially the same, purpose;

the existing regulations have effect, to the extent that they could have

been made under the corresponding provision, as if they were so made.

(2) If:

(a) an instrument other than a regulation (the existing

instrument) was made under a provision of the old Code; and

(b) a provision (the corresponding provision) of the new Code

provides for an instrument to be made for the same, or

substantially the same, purpose;

the existing instrument has effect, to the extent that it could have been

made under the corresponding provision, as if it were so made.

49 Saving of approvals, registrations, permits and licences

(1)

Despite the amendments made by this Act, an approval, registration,

permit or licence that was in force under the old Code immediately

before the commencement time continues in force on and after that time

as if it had been given, made or issued under the new Code.

(2)

This item does not prevent:

(a) the suspension or cancellation of an approval, registration,

permit or licence; or

(b) the variation of the relevant particulars or conditions of an

approval or registration; or

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292 Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. ,

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50 Existing conditions continue to apply

To avoid doubt, the amendments made by this Act do not remove or

invalidate a condition of an approval, registration, permit or licence that

was imposed by the APVMA under the old Code.

51 Existing approvals and registrations must be given end

date etc.

(1)

This item applies to the approval of an active constituent or the

registration of a chemical product (other than a listed registration), if the

approval or registration:

(a) was in force under the old Code immediately before the

commencement time; or

(b) comes into force under the old Code, because of the

operation of item 47, during the first 12 months after the

commencement time.

(2)

Within 2 years after this item commences, the APVMA must give

written notice to the holder:

(a) for an approval--of the date (the end date) the approval

ends; or

(b) for a registration--of the date (the last renewal date) after

which the registration cannot be renewed under Division 6 of

the new Code.

(3)

The end date or last renewal date, as required, must:

(a) be worked out in accordance with the method prescribed by

the regulations (if any); and

(b) be the last day of a calendar month:

(i) at least 7 years after the constituent or product was

approved or registered; and

(ii) not earlier than 6 months, or later than 15 years, after

the commencement time; and

as required.

(4)

Despite subparagraph (3)(b)(i), the end date for an approval may be less

than 7 years after the commencement time if the APVMA believes that

it is necessary to provide for the approval to end at the same time as

another approval of the active constituent.

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(5)

Despite subparagraph (3)(b)(i), the last renewal date for a registration

may be less than 7 years after the commencement time if the APVMA

believes that it is necessary to provide for the date to be the same as the

last renewal date for the registration of another chemical product that

contains one or more of the same active constituents.

(6)

Paragraph (3)(b) does not apply if the approval or registration is subject

to the condition that it remains in force only for a stated period of not

more than 1 year (see subsection 23(2) of the old Code).

52 Saving protection for information given under Division 4A

of Part 2 of the old Code

(1)

Despite the amendments made by this Act, Division 4A of Part 2 of the

old Code continues to apply, after the commencement time, in relation

to the following information given as mentioned in section 34C of the

old Code:

(a) information given, whether before or after the

commencement time, in connection with an application

lodged before the commencement time;

(b) any other information given before the commencement time.

(2)

Paragraph (1)(a) does not apply in relation to an application made under

section 10 or 27 of the old Code if notice under section 11A of that

Code in relation to the application has not been given to an approved

person before the commencement time.

(3)

For the purposes of its operation after the commencement time,

Division 4A of Part 2 of the old Code applies with such modifications

as are necessary to provide for its operation to be equivalent to its

operation immediately before the commencement time.

53 Saving protection for information given under Part 3 of the

old Code

(1)

Despite the amendments made by this Act, Part 3 of the old Code

continues to apply after the commencement time in relation to

information given before the commencement time as mentioned in

subsection 59(1) of the old Code.

(2)

For the purposes of its operation after the commencement time, Part 3

of the old Code applies with such modifications as are necessary to

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294 Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012 No. ,

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provide for its operation to be equivalent to its operation immediately

before the commencement time.

54 Cancellation of permits and licences for convictions etc.

Paragraphs 119(4)(b) and 127(1)(a) of the new Code apply only in

relation to a permit or licence that is issued on or after the

commencement time.

55 Time for bringing proceedings

Section 147 of the new Code applies only in relation to acts or

omissions that occur on or after the commencement time.

56 Recovery of costs

Section 149A of the new Code applies only in relation to acts or

omissions that occur on or after the commencement time.

57 Regulations for this Part

The Governor-General may make regulations prescribing matters:

(a) required or permitted by this Part to be prescribed; or

(b) necessary or convenient to be prescribed for carrying out or

giving effect to this Part.

58 Regulations may deal with transitional, application and

savings matters

(1)

The regulations may deal with matters of a transitional, application or

savings nature relating to the amendments made by this Act.

(2)

Regulations made for the purposes of subitem (1) have effect despite

anything else in this Part.

(3)

Despite subsection 12(2) of the Legislative Instruments Act 2003 but

subject to subitem (4), regulations made for the purposes of subitem (1)

may be expressed to take effect from a date before the regulations are

registered under that Act.

(4) If:

(a) regulations are expressed to take effect from a date (the

registration date) before the regulations are registered under

the Legislative Instruments Act 2003; and

(b) a person engaged in conduct before the registration date; and

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would not have contravened a provision of the agvet law;

then a court must not convict the person of an offence, or order the

person to pay a pecuniary penalty, in relation to the conduct on the

grounds that it contravened that provision.

59 Regulations may end reconsiderations

(1)

The regulations may provide for one or more reconsiderations begun

under Division 4 of Part 2 of the old Code to end 12 months after the

commencement time if they have not already done so.

(2)

A regulation under subitem (1) must not be made after that period of 12

months.

(3)

If a reconsideration ends by force of a regulation made under

subitem (1), the decision on the reconsideration is taken to be a decision

to affirm the approval or registration concerned.

Commonwealth of Australia Bills

AGRICULTURAL AND VETERINARY CHEMICALS LEGISLATION AMENDMENT BILL 2013