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Agricultural and Veterinary Chemicals (Administration) Act 1992
In force
Administered by
Department of Agriculture, Fisheries and Forestry
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C2024C00084 (C41)
20 March 2024
-
13 October 2024
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Part 1—Preliminary
1 Short title
2 Commencement
3 Object
4 Interpretation
5 Extension to external Territories
5A Application of the Criminal Code
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Part 2—Establishment, functions and powers of APVMA
6 Australian Pesticides and Veterinary Medicines Authority
7 Functions and powers
7A Approval of standards for certain residues of chemical products
8 Consultation
8A Consultation with Gene Technology Regulator
9 Agreements and arrangements
9A APVMA to comply with policies of Governments of Commonwealth, States and participating Territories
10 Minister may give directions
11 Delegation by APVMA
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Part 3—Constitution of APVMA, the Board and committees
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Division 1—Constitution of APVMA
12 APVMA is body corporate etc.
Division 2—Board of the APVMA
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Subdivision A—Establishment and functions of the Board
14 Establishment of the Board
15 Functions and powers of the Board
16 Limitation on functions and powers of the Board
Subdivision B—Board members
17 Membership of the Board
18 Appointment of appointed Board members
19 Term of appointment
20 Acting Board members
21 Remuneration
22 Paid work
23 Leave of absence
24 Resignation of appointment
25 Termination of appointment
26 Other terms and conditions
Subdivision C—Meetings of the Board
27 Convening meetings
27A Presiding at meetings
27B Quorum
27C Voting at meetings
27D Conduct of meetings
27E Minutes
27F Decisions without meetings
Subdivision D—Minister may give directions to the Board
27G Minister may give directions to the Board
Subdivision E—Board to give documents to Secretary
27H Board to give documents to Secretary
Subdivision F—Board committees
27J Board committees
Subdivision G—Review of the Board
27K Review of the Board
Division 5—APVMA committees
28 Establishment of committees
29 Meetings of committees
29A Remuneration and allowances of committee members
30 Arrangements relating to staff etc.
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Part 4—Chief Executive Officer
31 Chief Executive Officer
32 Duties
33 Appointment
34 Term of appointment
35 Remuneration and allowances
37 Terms and conditions of appointment
38 Chief Executive Officer not to engage in other paid work
39 Leave of absence for recreation
40 Leave of absence for other purposes
41 Resignation
41A Termination of appointment
42 Disclosure of interests
43 Acting Chief Executive Officer
44 Delegation by the Chief Executive Officer
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Part 5—Staff and consultants
45 Staff
46 Staff to be made available to the APVMA
47 Consultants
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Part 6—Corporate plan
51 Approval of corporate plan
52 Variation of corporate plan
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Part 7—Finance and reporting requirements
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Division 1—Finance
58 Money payable to the APVMA
59 Application of money by the APVMA
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Division 2—Reporting requirements
61 Annual report
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Division 3—Exemption from taxation
62 Exemption from taxation
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Part 7A—Importation, manufacture and exportation of chemicals
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Division 1—Interpretation
69A Interpretation
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Division 2—Importation, manufacture and exportation
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Subdivision A—Importation
69B Importation offence
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Subdivision B—Provision of information
69CA Providing information about certain chemical products etc. to comply with international agreements
69CB Providing information about certain chemical products etc. under international consideration
69CC Relevant agency to provide information to other countries
69CD Contraventions relating to providing information under sections 69CA and 69CB
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Subdivision C—Chemical products etc. subject to international agreements
69C Prohibition on import, manufacture, use or export of certain chemical products etc. under international agreements
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Subdivision D—Exportation
69D Export of chemical products
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Subdivision E—Miscellaneous
69EA Keeping of records
69EAA Definitions
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Part 7AA—Investigative powers
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Division 1—Monitoring
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Subdivision A—Monitoring powers etc.
69EAB Powers available to inspectors for monitoring compliance
69EAC Monitoring powers—with consent or with warrant
69EAD Operating electronic equipment
69EAE Securing evidence of the contravention of a related provision
69EAF Persons assisting inspectors
69EAG Use of force in executing a monitoring warrant
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Subdivision B—Powers of inspectors to ask questions and seek production of documents
69EAH Inspector may ask questions and seek production of documents
69EAJ Copying of documents
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Division 2—Investigation
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Subdivision A—Investigation powers
69EB Powers available to inspectors to investigate potential breaches of this Act and the Collection Act
69EBA Investigation powers
69EBB Operating electronic equipment
69EBC Seizing evidence of related offences and civil penalty provisions
69EBD Persons assisting inspectors
69EBE Use of force in executing an investigation warrant
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Subdivision B—Powers of inspectors to ask questions and seek production of documents
69EC Inspector may ask questions and seek production of documents
69ECA Copying of documents
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Division 3—Obligations and incidental powers of inspectors
69ED Consent
69EDA Announcement before entry under warrant
69EDB Inspector to be in possession of warrant
69EDC Details of warrant etc. to be given to occupier
69EDD Expert assistance to operate electronic equipment
69EDE Compensation for damage to electronic equipment
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Division 4—Execution of an investigation warrant interrupted
69EE Completing execution of an investigation warrant after temporary cessation
69EEA Completing execution of an investigation warrant stopped by court order
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Division 5—Occupier’s rights and responsibilities
69EF Occupier entitled to observe execution of warrant
69EFA Occupier to provide inspector with facilities and assistance
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Division 6—General provisions relating to seizure
69EG Copies of seized things to be provided
69EGA Receipts for seized things
69EGB Return of seized things
69EGC Magistrate may permit a thing to be kept
69EGD Disposal of things
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Division 7—Applying for warrants etc.
69EH Monitoring warrants
69EHA Investigation warrants
69EHB Warrants by telephone, fax etc.
69EHC Authority of warrant
69EHD Offence relating to warrants by telephone, fax etc.
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Division 8—Powers of magistrates
69EI Powers of issuing officers
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Part 7AB—Enforcement
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Division 1—Civil penalty orders
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Subdivision A—Obtaining a civil penalty order
69EJ Civil penalty orders
69EJA Maximum penalties for contravention of civil penalty provisions
69EJB Civil enforcement of penalty
69EJC Conduct contravening more than one civil penalty provision
69EJD Multiple contraventions
69EJE Proceedings may be heard together
69EJF Civil evidence and procedure rules for civil penalty orders
69EJG Contravening a civil penalty provision is not an offence
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Subdivision B—Civil proceedings and criminal proceedings
69EJH Civil proceedings after criminal proceedings
69EJI Criminal proceedings during civil proceedings
69EJJ Criminal proceedings after civil proceedings
69EJK Evidence given in civil proceedings not admissible in criminal proceedings
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Subdivision C—Miscellaneous
69EJL Continuing contraventions of civil penalty provisions
69EJM Ancillary contravention of civil penalty provisions
69EJN Mistake of fact
69EJO State of mind
69EJP Evidential burden for exceptions
69EJQ Liability of body corporate for actions by employees, agents or officers
69EJR Liability of executive officers
69EJS Establishing whether an executive officer took reasonable steps to prevent the contravention of a civil penalty provision
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Division 2—Infringement notices
69EK When an infringement notice may be given
69EKA Matters to be included in an infringement notice
69EKB Extension of time to pay amount
69EKC Withdrawal of an infringement notice
69EKD Effect of payment of amount
69EKE Effect of this Division
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Division 3—Enforceable undertakings
69EL Acceptance of undertakings
69ELA Enforcement of undertakings
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Division 4—Injunctions
69EM Grant of injunctions
69EMA Discharging or varying injunctions
69EMB Certain limits on granting injunctions not to apply
69EMC Other powers of a court unaffected
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Division 5—Substantiation notices
69EN APVMA may require claims to be substantiated etc.
69ENA Compliance with substantiation notices
69ENB Failure to comply with substantiation notice
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Division 6—Formal warnings
69EO APVMA may issue a formal warning
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Division 7—Miscellaneous
69EP Hearings
69EQ Self incrimination to be a reasonable excuse for non compliance with requirement
69ER False or misleading information or document
69ES Evidential certificates
69ET Forfeiture
69EU Conduct by directors, employees and agents
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Part 8—Miscellaneous
69F Appointment of inspectors
69G Approval of analysts
69H Exemptions from liability for damages
69HA Protection of inspectors etc.
69J Documents or substances held by APVMA at commencement of Agvet Codes
70 Acts done by APVMA
71 Delegation by Minister
72 Review of Agvet Scheme every 10 years
73 Regulations
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history