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Agricultural and Veterinary Chemicals Code Act 1994
In force
Administered by
Department of Agriculture, Fisheries and Forestry
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C2007C00437
01 July 2007
-
14 July 2010
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Table of contents
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1 Short title [see Note 1]
2 Commencement [see Note 1]
3 Definitions
4 The Schedule
5 Citation and interpretation of Agvet Code and Agvet Regulations
6 Regulations
7 Orders
8 Compensation
9 Certain matter not to form part of this Act
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Schedule—Agricultural and Veterinary Chemicals Code
List of terms defined by section 3 of the Schedule
(The Agricultural and Veterinary Chemicals Code)
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Part 1—Preliminary
1 Object of Code
2 Relationship of Code to other laws
3 Definitions
4 Definition of agricultural chemical product
5 Definition of veterinary chemical product
6 Determinations, approvals, exemptions etc. by APVMA
7 Possession or custody of constituent or product
8 Labels attached to containers
8A Application of the Criminal Code
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Part 2—Approvals and registration
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Division 1—Preliminary
9 Explanation of Part
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Division 2—Granting or refusing approvals and registrations
10 Applications that may be made
11 How application is to be made
11A Preliminary assessment of application
11B APVMA to publish summary of application
12 APVMA to publish notice before deciding whether to approve new active constituent
13 APVMA to publish notice before deciding whether to register chemical product containing new active constituent
13A Notifying Food Standards Australia New Zealand
14 Grant or refusal of application
14A Approval of active constituents for which information is not readily available
14B APVMA not to use information for registration of new agricultural chemical product to approve a similar product after disclosure
15 Restriction on power of APVMA to grant applications
16 Multiple approvals or registrations
17 APVMA must keep a Record of Approved Active Constituents for Chemical Products
18 APVMA must keep a Register of Agricultural and Veterinary Chemical Products
19 How approval of active constituent is effected
20 How registration of chemical product is effected
21 How approval of label is effected
22 Date of approval or registration
23 Conditions of approval or registration
24 Notice of approval or registration
25 Notice of refusal of application
26 Notice of incorrectly recorded or registered particulars
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Division 3—Application for variation of relevant particulars, or of conditions, of approval or registration
27 Who may apply
28 How application is to be made
28A Preliminary assessment of application
28B APVMA to publish summary of application
29 Grant or refusal of application
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Division 4—Reconsideration of approval or registration
30 APVMA may invite the public to propose approved active constituents or registered chemical products for reconsideration
31 APVMA may reconsider approval or registration
32 APVMA may give notice of proposed reconsideration
33 APVMA may require trials or laboratory experiments to be conducted
34 Reconsideration by APVMA of continued approval or registration
34A Reconsideration of approval of label without notice in certain circumstances
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Division 4A—Limits on use of information
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Subdivision A—Preliminary
34B Explanation of Division
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Subdivision B—Limits on use of information
34C APVMA must not use some information during some periods for some purposes
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Subdivision C—Exceptions to limits on use of information
34D Exceptions
34E Further rules about public interest exception
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Subdivision D—Period of limit on use of information
34F Period of limit on future use of information relied on in granting application
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Subdivision E—Ancillary provisions
34G Identifying information relied on in advice APVMA relied on
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Division 5—Suspension or cancellation of approval or registration
35 Notice of proposed suspension or cancellation to be given to co-ordinators
36 Suspension or cancellation of approval or registration for breach of condition
37 Suspension of approval or registration for failing to give information, or results of trials or experiments, to APVMA
38 Suspension of approval or registration for failing to give information, report or sample to APVMA
39 Suspension of approval or registration if compensation for use of protected information cannot be arbitrated
40 Suspension or cancellation of approval or registration following reconsideration of continued approval or registration
41 Suspension or cancellation of approval or registration for non-compliance with criteria for registration or approval
42 Cancellation of approval or registration at request of interested person
43 Effect of suspension of approval or registration
44 Inter-related suspensions and cancellations
45 How approval or registration is suspended or cancelled
45A Notice of suspension or cancellation
46 How suspension or cancellation is revoked
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Division 6—Duration and renewal of approval or registration
47 Period of approval or registration
48 Application for renewal of registration of chemical product
49 How application for renewal of registration is to be made
50 Renewal of registration of chemical product
51 Renewal of approval of label
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Division 7—Publication of notices by APVMA
52 Publication of notice of approval of active constituent or registration of chemical product
53 Publication of notice of variations of approval of active constituent or registration of chemical product
54 Publication of notice of end of registration of chemical product
55 Publication of notice of suspension or cancellation of approval or registration
56 Notice of revocation of suspension or cancellation to be published
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Part 2A—Listable chemical products
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Division 1—Preliminary
56A Explanation of Part
56B Exclusion of restricted chemical products
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Division 2—Schedule of listable chemical products
56C Regulations may contain schedule of listable chemical products
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Division 3—Establishing standards for listable chemical products
56D APVMA to prepare standards
56E Matters to be taken into account in preparing a standard
56F Variation or revocation of standards
56G Date of effect of standards
56H Standards to be disallowable
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Division 4—Application for registration of listable chemical products
56I Application
56J How application is to be made
56K Grant or refusal of application
56L Multiple listed registrations
56M How listed registration of chemical product is effected
56N Date of listed registration
56O Conditions of listed registration
56P Notice of listed registration
56Q Notice of refusal of application
56R Notice of incorrectly registered particulars
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Division 5—Application for variation of relevant particulars, or of conditions, of listed registration
56S Who may apply
56T How application is to be made
56U Grant or refusal of application
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Division 6—Reconsideration of listed registration
56V APVMA may invite the public to propose registered listed chemical products for reconsideration
56W APVMA may reconsider listed registration
56X APVMA may give notice of proposed reconsideration
56Y APVMA may require trials or laboratory experiments to be conducted
56Z Reconsideration by APVMA of continued listed registration
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Division 7—Suspension or cancellation of listed registration
56ZA Notice of proposed suspension or cancellation to be given to co-ordinators
56ZB Suspension or cancellation of listed registration for breach of condition
56ZC Suspension of listed registration for failing to give information, or results of trials or experiments, to APVMA
56ZD Suspension of listed registration for failing to give information, report or sample to APVMA
56ZE Suspension or cancellation of listed registration following reconsideration
56ZF Suspension or cancellation of listed registration for non-compliance with criteria
56ZG Cancellation of listed registration on request
56ZH Effect of suspension of listed registration
56ZI How listed registration is suspended or cancelled
56ZJ How suspension or cancellation of listed registration is revoked
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Division 8—Duration and renewal of listed registration
56ZK Period of listed registration
56ZL Application for renewal of listed registration of chemical product
56ZM How application for renewal of listed registration is to be made
56ZN Renewal of listed registration of chemical product
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Division 9—Publication of notices and certain other instruments by APVMA
56ZO Publication of notice of listed registration of chemical product
56ZP Publication of notice of variations of listed registration of chemical product
56ZQ Publication of notice of end of listed registration of chemical product
56ZR Publication of notice of suspension or cancellation of listed registration
56ZS Notice of revocation of suspension or cancellation to be published
56ZT Publication of instrument varying established standard for listable chemical product
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Part 2B—Reserved chemical products
56ZU Regulations may contain schedule of reserved chemical products
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Part 3—Compensation for provider of certain information in respect of continued registration of certain chemical products
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Division 1—Preliminary
57 Explanation of Part
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Division 2—Right to compensation
58 Right of APVMA to use information
59 Right of originator of protected information to compensation for its use in relation to other applications
60 APVMA to notify applicants
61 Primary applicant to notify secondary applicant
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Division 3—Mediation or arbitration as to terms of compensation
62 Application of Division
63 Mediation
64 Appointment of arbitrator
65 Determination of compensation on the basis of proposals made during negotiations
66 Arbitrator may require fresh proposals
67 Determination on basis of fresh proposals
68 What happens if fresh proposals are not made or are inadequate
69 What constitutes a reasonable proposal for compensation
70 Effect and enforcement of determination by arbitrator
71 Regulations to govern conduct of arbitration
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Part 4—Control of chemical products
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Division 1—Preliminary
72 Explanation of Part
73 Part not to apply to veterinary surgeons acting under other laws
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Division 2—Control generally
74 Possession or custody of unapproved active constituents with the intention of supply
75 Possession or custody of chemical products, other than registered, registered listed or reserved products, with the intention of supply
76 Supply of unapproved active constituents
77 Supply of approved active constituents in contravention of conditions of approval
78 Supply of chemical products that are not registered products, registered listed products or reserved products
79 Supply of registered chemical products in contravention of conditions of registration
79A Supply of registered listed chemical products in contravention of conditions of listed registration
79B Supply of reserved chemical products contrary to conditions specified in the regulations
80 Supply of chemical products without a label
81 Supply of registered chemical products with unapproved label
82 Supply of chemical products in containers opened by inspector
83 Supply of substances whose constituents differ from constituents of registered chemical product
83A Supply of substances whose constituents differ from constituents of registered listed chemical product
84 Claims inconsistent with labels
85 Modification of warning prohibited
86 Labels not to be detached etc.
87 Chemical product to conform to standard
87A Supply of registered listed chemical product that does not conform to established standard
88 Certain notices not to be published
89 Certain statements prohibited
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Division 3—Date-controlled chemical products
89A Exclusion of certain chemical products
90 Manufacture or import of date-controlled chemical product
91 Supply of date-controlled chemical product
92 Abuse of warning on label prohibited
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Division 4—Restricted chemical products
93 Restricted chemical product
94 Restricted chemical products may be supplied only to authorised persons
95 Labels for restricted chemical products
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Part 5—Analysis
96 Explanation of Part
97 Analysis by approved analysts
98 Evidence of results of analysis
99 Analysis of chemical products
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Part 6—Recall notices
100 Explanation of Part
101 Recall of products that are not registered and do not have listed registration or whose registration or listed registration is being reconsidered
102 Recall of products in certain circumstances
103 Recall of products with labels that are not approved or are not authorised by an established standard
104 Notice of recall to be published
105 Non-compliance with recall notice
106 Recall under Trade Practices Act
107 Inconsistent requirements
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Part 7—Permits
108 Explanation of Part
109 Definition of permit
110 How application is made
111 Functions of co-ordinators
112 APVMA may grant or refuse application
113 Record of Permits
114 Issue of permit
115 Duration of permit
116 Effect of permit
117 Surrender of permit
118 Suspension of permit
119 Cancellation of permit
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Part 8—Manufacture of chemical products
120 Explanation of Part
120A Exclusion of certain chemical products
121 Offences relating to manufacture and licences
122 Application for licence
123 Issue of licence
124 Refusal of application
125 Period of licence
126 Conditions of licences
127 Suspension and cancellation of licences
128 Publication of list of manufacturers etc.
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Part 9—Enforcement
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Division 1—Preliminary
129 Explanation of Part
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Division 2—Injunctions
130 Injunctions
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Division 3—Powers of entry, search and seizure
131 Searches to monitor compliance with Code
132 Offence-related searches and seizures
133 Offence-related warrants
134 Announcement before entry
135 Details of warrant to be given to occupier
136 Use of equipment to examine or process things
137 Use of electronic equipment at premises
138 Compensation for damage to electronic equipment
139 Copies of seized things to be given
140 Return of things that are seized
141 Court of summary jurisdiction may permit a thing to be kept
142 Certain expenses to be recoverable by APVMA
143 Warrants may be granted by telephone in urgent circumstances
144 Power of inspector to require information or documents
145 False or misleading information or document
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Division 4—Miscellaneous enforcement provisions
146 Self-incrimination to be a reasonable excuse for non-compliance with requirement
147 Time for bringing prosecutions
148 Copying of documents
149 Evidential certificates
150 Forfeiture
151 Conduct by directors, servants and agents
152 Liability of persons acting on behalf of non-residents
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Part 10—Miscellaneous
153 Explanation of Part
154 Recognition of things done under corresponding laws
155 Discharge of obligations under this Code
156 The making of single applications or the giving of single notices under the Agvet Codes of all jurisdictions
157 Samples to be given for analysis
158 Samples, or copies, of labels to be given
159 APVMA or other authority may require, or require additional, information, report or sample in certain circumstances
160 Overseas trials or experiments
160A Notification of new information to APVMA in respect of pending application
161 Notification of new information to APVMA
162 Disclosure of confidential commercial information
163 Notice to interested person of proposed disclosure of information that is claimed to be confidential commercial information
164 Fees
165 Period within which APVMA is to determine applications
166 Reconsideration of decisions
167 Review of decisions
168 Statement to be included in certain notices of decisions
169 Documents and samples become property of APVMA
170 Provisions relating to offences
170A Person not to use protected name or protected symbol
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Part 11—Transitional provisions
171 Explanation of Part
172 Existing clearance for registration of chemical product
173 Pending application for clearance for registration of chemical product
174 Existing registration of chemical product
175 Pending application for registration of chemical product
176 Existing registration or approval of label
177 Pending application for registration or approval of label
178 Provisions that apply in respect of existing registrations or approvals
179 Pending application for variation of conditions
180 Reconsideration of existing clearances for registration
181 Existing permit
182 Pending application for permit
183 Pending proceedings before Administrative Appeals Tribunal
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184 Existing notices requiring further information or samples
Notes to the STYLEREF ShortT \* MERGEFORMAT Agricultural and Veterinary Chemicals Code Act 1994