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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Agricultural and Veterinary Chemicals
(Western Australia) Amendment Bill 2001
CONTENTS
1. Short title 1
2. Commencement 2
3. The Act amended 2
4. Section 3 amended 2
5. Part 5 replaced 3
6. Part 6 repealed 5
7. Sections 28A and 28B inserted 5
8. Section 33A inserted 7
9. Part 9A inserted 7
page i
14--2
Western Australia
LEGISLATIVE COUNCIL
(As amended during consideration in detail)
Agricultural and Veterinary Chemicals
(Western Australia) Amendment Bill 2001
A Bill for
An Act to amend the Agricultural and Veterinary Chemicals (Western
Australia) Act 1995 with respect to the functions and powers of
certain Commonwealth authorities and officers of the
Commonwealth, and for other purposes.
The Parliament of Western Australia enacts as follows:
1. Short title
This Act may be cited as the Agricultural and Veterinary
Chemicals (Western Australia) Amendment Act 2001.
page 1
Agricultural and Veterinary Chemicals (Western Australia) Amendment
Bill 2001
s. 2
2. Commencement
(1) Subject to subsection (2) this Act comes into operation on the
day on which it receives the Royal Assent.
(2) Sections 4(b), 5, 7 and 8 come into operation immediately
before section 4(1) of the Co-operative Schemes (Administrative
Actions) Act 2001 comes into operation.
3. The Act amended
The amendments in this Act are to the Agricultural and
Veterinary Chemicals (Western Australia) Act 1995*
[* Act No. 3 of 1995.
5 For subsequent amendments see 2000 Index to Legislation of
Western Australia, Table 1, p. 9.]
4. Section 3 amended
Section 3 is amended as follows:
(a) in the definition of "Commonwealth administrative
10 laws" by deleting subparagraph (a)(ii);
(b) by inserting in the appropriate alphabetical positions the
following definitions --
"
"confer" includes impose;
15 "function" includes a duty;
".
page 2
Agricultural and Veterinary Chemicals (Western Australia) Amendment
Bill 2001
s. 5
5. Part 5 replaced
Part 5 is repealed and the following Part is inserted instead --
"
Part 5 -- Application of Commonwealth
5 administrative laws to the Agvet Code and
Agvet Regulations of this jurisdiction
15. Object
The object of this Part is to help ensure that the Agvet
Code of this jurisdiction and the Agvet Code of each
10 other jurisdiction are administered on a uniform basis.
16. Application of Commonwealth administrative laws
in relation to applicable provisions
(1) The Commonwealth administrative laws apply as laws
of this jurisdiction to any matter arising in relation to
15 the applicable provisions of this jurisdiction as if those
provisions were laws of the Commonwealth and were
not laws of this jurisdiction.
(2) The provisions of the Agvet Code of this jurisdiction
that require the NRA to give brief particulars of
20 reasons for decisions do not affect the obligations of
the NRA under section 28 of the Administrative
Appeals Tribunal Act 1975 of the Commonwealth as
that section applies as a law of this jurisdiction under
subsection (1).
25 (3) The provisions of the Agvet Code of this jurisdiction
that relate to the disclosure of confidential commercial
information do not affect the operation of the Freedom
of Information Act 1982 of the Commonwealth as that
Act applies as a law of this jurisdiction under
30 subsection (1).
page 3
Agricultural and Veterinary Chemicals (Western Australia) Amendment
Bill 2001
s. 5
(4) For the purposes of a law of this jurisdiction, a matter
arising in relation to the applicable provisions of this
jurisdiction --
(a) is taken to be a matter arising in relation to laws
5 of the Commonwealth in the same way as if
those provisions were laws of the
Commonwealth; and
(b) is taken not to be a matter arising in relation to
laws of this jurisdiction.
10 (5) Subsection (4) has effect for the purposes of a law of
this jurisdiction except as prescribed by regulations
under section 32.
17. Duties, functions and powers conferred on
Commonwealth officers and authorities
15 (1) A Commonwealth administrative law applying because
of section 16 that confers on a Commonwealth officer
or authority a function or power also confers on the
officer or authority the same function or power in
relation to a matter arising in relation to an applicable
20 provision of this jurisdiction.
(2) In performing a function or exercising a power
conferred by subsection (1), the Commonwealth officer
or authority must act as nearly as practicable as the
officer or authority would act in performing or
25 exercising the same function or power under the
Commonwealth administrative law.
18. Reference in Commonwealth administrative law to
a provision of another law
For the purposes of section 16, a reference in a
30 Commonwealth administrative law to a provision of
that or another Commonwealth administrative law is
page 4
Agricultural and Veterinary Chemicals (Western Australia) Amendment
Bill 2001
s. 6
taken to be a reference to that provision as applying
because of that section.
18A. Construction of references to Part IVA of
Commonwealth AAT Act
5 For the purposes of section 16, a reference in a
provision of the Administrative Appeals Tribunal
Act 1975 of the Commonwealth (as that provision
applies as a law of this jurisdiction) to the whole or any
part of Part IVA of that Act is taken to be a reference to
10 the whole or any part of that Part as it has effect as a
law of the Commonwealth.
".
6. Part 6 repealed
Part 6 is repealed.
15 7. Sections 28A and 28B inserted
After section 28 the following sections are inserted --
"
28A. Inspectors and analysts
(1) In this section --
20 "officer" means --
(a) an inspector appointed under section 69F(1)
of the Agricultural and Veterinary Chemicals
(Administration) Act; or
(b) an analyst approved under section 69G of the
25 Agricultural and Veterinary Chemicals
(Administration) Act.
(2) An officer has, in respect of a matter arising in relation
to an applicable provision of this jurisdiction, the
functions and powers conferred or expressed to be
page 5
Agricultural and Veterinary Chemicals (Western Australia) Amendment
Bill 2001
s. 7
conferred on him or her under the applicable provisions
of this jurisdiction.
28B. Validation of actions of inspectors and analysts
(1) In this section --
5 "officer" has the same meaning as in section 28A;
"relevant section" means section 7 of the Agricultural
and Veterinary Chemicals (Western Australia)
Amendment Act 2001;
"relevant time", in relation to a thing, means the time
10 at which the thing was done or omitted to be done
or purported to have been done or omitted to be
done.
(2) Anything done or omitted to be done by an officer
before the commencement of the relevant section that
15 would have been validly done or omitted had the
relevant section come into operation before the relevant
time has, and is deemed always to have had, the same
force and effect as it would have had if the relevant
section had come into operation before the relevant
20 time.
Note: Part 2 of the Co-operative Schemes (Administrative Actions) Act 2001
applies to administrative actions taken by an officer as affected by this
section.
".
page 6
Agricultural and Veterinary Chemicals (Western Australia) Amendment
Bill 2001
s. 8
8. Section 33A inserted
After section 33 the following section is inserted --
"
33A. Transitional provision -- Agricultural and
5 Veterinary Chemicals (Western Australia)
Amendment Act 2001
Part 5 of this Act, as inserted by section 5 of the
Agricultural and Veterinary Chemicals (Western
Australia) Amendment Act 2001, applies in relation to
10 matters arising in relation to the applicable provisions
of this jurisdiction, and decisions made or other things
done or omitted to be done under the Commonwealth
administrative laws in respect of such matters, before,
on or after the commencement of that section.
15 ".
9. Part 9A inserted
After section 35 the following Part is inserted --
"
Part 9 -- Conferral of functions on
20 Commonwealth Director of Public Prosecutions
35A. Conferral of functions on Commonwealth Director
of Public Prosecutions
The Director of Public Prosecutions for the
Commonwealth ("the Commonwealth Director")
25 may --
(a) institute prosecutions on indictment for
indictable offences against the Agvet Code, or
the Agvet Regulations, of this jurisdiction;
(b) carry on prosecutions of the kind referred to in
30 paragraph (a) (except prosecutions instituted by
the Attorney General or the Director of public
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Agricultural and Veterinary Chemicals (Western Australia) Amendment
Bill 2001
s. 9
Prosecutions of the State), whether or not
instituted by the Commonwealth Director;
(c) if the Attorney General or the Director of
Public Prosecutions of the State requests the
5 Commonwealth Director in writing to carry on
a prosecution of the kind referred to in
paragraph (a) that was instituted by the
Attorney General or the Director of Public
Prosecutions of the State -- carry on the
10 prosecution;
(d) institute proceedings for the commitment of
persons for trial in respect of indictable
offences against the Agvet Code, or the Agvet
Regulations, of this jurisdiction;
15 (e) institute proceedings for the summary
conviction of persons in respect of offences
against the Agvet Code, or the Agvet
Regulations, of this jurisdiction;
(f) carry on proceedings of a kind referred to in
20 paragraph (d) or (e) (whether or not instituted
by the Commonwealth Director); and
(g) do anything incidental or conducive to the
performance of any of the functions referred to
in paragraphs (a) to (f).
25 ".
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