Commonwealth Numbered Regulations

1995 No. 27 AGRICULTURAL AND VETERINARY CHEMICALS CODE REGULATIONS - REG 3

3. (1) In these Regulations, unless the contrary intention appears:

"Act" means the Agricultural and Veterinary Chemicals Code Act 1994;

"approved active constituent" means an active constituent approved under Part
2 of the Code;

"biological pesticide" means an agricultural chemical product containing, or
derived from, a living organism, whether or not the organism is genetically
modified;

"block" or "lick" means a blend or mixture of one or more stockfood
ingredients compressed or poured into a solid block form for voluntary
consumption by livestock;

"British Pharmacopoeia" means the book of that name published for the
British Pharmacopoeia Commission;

"British Pharmacopoeia (Veterinary)" means the book of that name published on
the recommendation of the Medicines Commission of the United Kingdom;

"Code" means the Agvet Code of this jurisdiction;

"CSIRO" means the Commonwealth Scientific and Industrial Research Organization
established by the Science and Industry Research Act 1949;

"direct-fed microbial product" means a chemical product that:

   (a)  contains viable micro-organisms; and

   (b)  is intended for oral administration to animals;

"emergency use", in relation to a chemical product or an active constituent,
means a use of the product or constituent arising from an emergency in which
there is a genuinely believed need for the use of the product or constituent;

"European Pharmacopoeia" means the book of that name published for the
European Pharmacopoeia Commission;

"FAO Specifications for Plant Protection Products" means the publications of
that name published by the Food and Agriculture Organization of the United
Nations;

"formulation change", in relation to a chemical product, means:

   (a)  a change in the source of any active constituent of the product; or

   (b)  a variation in the amount or concentration of one or more of the
        active constituents, or other constituents, of the product; or

   (c)  the addition to the product, or removal from the product of one or
        more of the active constituents, or other constituents, of the
        product;

"hormonal growth promotant" means a veterinary chemical product containing a
substance that is, or a mixture of substances that are, responsible for
oestrogenic, androgenic or gestagenic activity to enhance growth or production
in bovines or bubalines;

"immunobiological product" means a chemical product which, when administered
to a vertebrate or invertebrate living creature, provides, induces or changes
an immune response to a particular chemical or biological entity in that
creature;

"legal practitioner" means a person who is admitted, and entitled to practise,
as a barrister or solicitor in a State or Territory;

"medical practitioner" means a person registered or licensed as a medical
practitioner under a law of a State or Territory;

"medicated block or lick" means a block or lick incorporating a veterinary
chemical product;

"medicated premix" means a premix that incorporates one or more veterinary
chemical products for the purpose of:

   (a)  preventing or treating disease; or

   (b)  enhancing growth, production, work or performance; or

   (c)  altering reproductive physiology;

"medicated stockfood" means a ready-to-use stockfood that incorporates one or
more veterinary chemical products for the purpose of:

   (a)  preventing or treating disease; or

   (b)  enhancing growth, production, work or performance; or

   (c)  altering reproductive physiology;

"minor use", in relation to a chemical product or an active constituent, means
a use of the product or constituent that would not produce sufficient economic
return to an applicant for registration of the product to meet the cost of
registration of the product, or the cost of registration of the product for
that use, as the case requires (including, in particular, the cost of
providing the data required for that purpose);

"modular assessment fee" has the meaning given in regulation 71;

"modular assessment period" has the meaning given in regulation 77;

"NATA" means the National Association of Testing Authorities, Australia, a
company having the Australian Company Number 004379748;

"notification number", means a notification number assigned to a person under
regulation 47;

"nutritional ingredient" includes, but is not limited to, the following:

   (a)  protein meals (as a protein source);

   (b)  fermentation products from human foods, (including brewer's grains,
        yeasts and yeast extracts);

   (c)  hay, including lucerne hay and peanut hay;

   (d)  chaff;

   (e)  straw;

   (f)  grains, other similar seeds and the products of those grains or seeds;

   (g)  vitamins, minerals and amino acids at normal nutritional levels;

   (h)  salt, limestone and inorganic phosphorus sources;

   (i)  fats and oils;

   (j)  milk by-products;

   (k)  non-protein nitrogen sources;

   (l)  molasses;

"poison schedule classification", in relation to a chemical product, means
classification of the product or any of its constituents in the Standard for
the Uniform Scheduling of Drugs and Poisons;

"premix" means a mixture that:

   (a)  contains vitamins, minerals, amino acids or other substances; and

   (b)  is intended to be added to stockfood to form a finished feed for
        feeding to a group of animals;

"purchaser declaration number" means a distinguishing number issued in respect
of premises by a State or Territory or by an authority of a State or
Territory, for the purpose of identifying those premises as premises where
animals to be treated with a hormonal growth promotant are, or are to be,
kept;

"Standard for the Uniform Scheduling of Drugs and Poisons" means the
publication of that name published by the Department of Human Services and
Health;

"stockfood" means a basic food or food mixture that:

   (a)  contains one or more nutritional ingredients; and

   (b)  is intended to be fed to animals for the maintenance of life, normal
        growth, production, work, reproduction or performance;

"stockfood non-active constituent" means any organic acid, antioxidant, pellet
binding product, mould inhibitor, preservative, feed handling improver,
colouring agent, anticaking agent, deodorising agent or other substance or
mixture of substances intended to be added to stockfood for continuous,
long-term administration to animals for a purpose other than:

   (a)  preventing or treating disease; or

   (b)  enhancing growth, production, work or performance; or

   (c)  altering reproductive physiology;

"stockfood supplement" means any substance or mixture of substances in the
form of tablets, sachets or measures added to stockfood for administration to
animals individually in order to supplement or balance that stockfood, but
does not include a substance or mixture of substances in an injectable dose
form, an intraruminal bolus, a block or a lick;

"supply", in relation to any product or thing, includes cause or permit the
supply of the product or thing;
(NOTE: Section 3 of the Code provides that "supply" includes do, or cause or
permit the doing of, any of the following:

   (a)  sell;

   (b)  expose for sale;

   (c)  send or deliver for sale or on sale;

   (d)  dispose of under a hire purchase agreement;

   (e)  exchange;

   (f)  give;

   (g)  offer to do an act that would be a supply (including an act referred
        to in any of the above paragraphs).)

"total leviable value" has the same meaning as in the Agricultural and 
Veterinary Chemical Products (Collection of Levy) Act 1994 ;

"United States Pharmacopoeia" means the book of that name published by the
United States Pharmacopoeia Convention.

(2) Unless the contrary intention appears, a reference in these Regulations to
a book or other publication is a reference to the latest edition of that book
or publication as modified or amended from time to time, and includes any
addendum or other addition to the book or publication.