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Agricultural and Veterinary Chemicals Code Act 1994

In force

Administered by

Department of Agriculture, Fisheries and Forestry

Superseded version

View latest version

View as made version

C2015C00113

25 March 2015 - 09 December 2015

Table of contents

1 Short title
2 Commencement
3 Definitions
4 The Schedule
5 Citation and interpretation of Agvet Code and Agvet Regulations
6 Regulations
7 Orders
8 Compensation
Schedule—Agricultural and Veterinary Chemicals Code
Part 1—Preliminary
- Division 1—Object, definitions etc.
- Division 2—General provisions about applications
- Division 3—General provisions about notices
- Division 4—Holders of approvals and registrations and nominated agents
- Division 5—Notice of certain proposed decisions
  - 8S Notice of certain proposed decisions
- Division 6—Listed chemical products and established standards
- Division 7—Access to certain documents and information
  - 8W Access to certain documents in the possession or custody of the APVMA
  - 8X Confidential commercial information must not be disclosed under certain provisions
Part 2—Approvals and registration
- Division 1—Preliminary
  - 9 Explanation of Part
- Division 2—Approving and registering
- Division 2AA—Notified variations of relevant particulars
- Division 2A—Prescribed variations of relevant particulars
- Division 3—Varying relevant particulars and conditions
- Division 4—Reconsidering approvals and registrations
- Division 4A—Limits on use of information
- Division 5—Suspending and cancelling approvals and registrations
- Division 6—Duration of approvals and registrations and renewal of registrations
Part 2B—Reserved chemical products
- 56ZU Regulations may contain schedule of reserved chemical products
Part 3—Compensation for provider of certain information in respect of continued registration of certain chemical products
- Division 1—Preliminary
  - 57 Explanation of Part
- Division 2—Right to compensation
- Division 3—Mediation or arbitration as to terms of compensation
Part 4—Control of chemical products
- Division 1—Preliminary
  - 72 Explanation of Part
  - 73 Part not to apply to veterinary surgeons acting under other laws
- Division 2—Control generally
- Division 3—Date-controlled chemical products
- Division 4—Restricted chemical products
Part 5—Analysis
- 96 Explanation of Part
- 97 Analysis by approved analysts
- 98 Evidence of results of analysis
- 99 Information and documents about, and analysis of, substances supplied as active constituents or chemical products
Part 6—Recall notices
- 100 Explanation of Part
- 101 Recall of products that are not registered or whose 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 Competition and Consumer Act
- 107 Inconsistent requirements
Part 7—Permits
- 108 Explanation of Part
- 109 Definition of permit
- 110 Applications
- 110A Preliminary assessment
- 111 Functions of co-ordinators
- 112 Issuing permits
- 112A APVMA may issue permit on its own initiative
- 113 Record of Permits
- 114 How permits are issued
- 115 Duration of permit
- 116 Effect of permit and compliance with conditions of permit
- 117 Surrender of permit
- 117A Notice of proposed suspension or cancellation to be given to permit holder
- 118 Suspension of permit—general grounds
- 119 Cancellation of permit—general grounds
- 119A Suspension or cancellation of permit—imminent risk to persons of death, serious injury or serious illness
- 119B Suspension or cancellation of permit—providing false or misleading information
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
- 125 Period of licence
- 126 Conditions of licences
- 127 Suspension and cancellation of licences
- 128 Publication of list of manufacturers etc.
Part 9—Investigative powers
- Division 1—Preliminary
  - 129 Explanation of Part
- 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
    - 130A APVMA may retain documents and things
  - Subdivision B—Offence and related provisions
    - 130B Failure to comply with notice etc.
    - 130C Self-incrimination etc.
- Division 3—Monitoring
  - Subdivision A—Monitoring powers etc.
  - Subdivision B—Powers of inspectors to ask questions and seek production of documents
    - 131F Inspector may ask questions and seek production of documents
    - 131G Copying of documents
- Division 4—Investigation
  - Subdivision A—Investigation powers
  - Subdivision B—Powers of inspectors to ask questions and seek production of documents
    - 132G Inspector may ask questions and seek production of documents
    - 132H Copying of documents
- Division 5—Obligations and incidental powers of inspectors
- Division 6—Execution of an investigation warrant interrupted
  - 138A Completing execution of an investigation warrant after temporary cessation
  - 138B Completing execution of an investigation warrant stopped by court order
- Division 7—Occupier’s rights and responsibilities
  - 138C Occupier entitled to observe execution of warrant
  - 138D Occupier to provide inspector with facilities and assistance
- Division 8—General provisions relating to seizure
- Division 9—Applying for warrants etc.
- Division 10—Powers of magistrates
  - 143F Powers of magistrates
Part 9A—Enforcement
- Division 1—Preliminary
  - 145 Explanation of Part
- Division 2—Civil penalty orders
- Division 3—Infringement notices
- Division 4—Enforceable undertakings
  - 145E Acceptance of undertakings
  - 145EA Enforcement of undertakings
- Division 5—Injunctions
- Division 6—Substantiation notices
- Division 7—Enforceable directions
  - 145H APVMA may give directions
- Division 8—Formal warnings
  - 145J APVMA may issue a formal warning
- Division 9—Miscellaneous
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
- 156A Giving information electronically
- 157 Samples to be given for analysis
- 159 APVMA or other authority may require, or require additional, information, report or sample in certain circumstances
- 160 Overseas trials and experiments etc.
- 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 the applicant or holder of proposed disclosure of information that is claimed to be confidential commercial information
- 163A Legislative instruments to be disallowable
- 163B Certain provisions to have effect as part of this Code
- 164 Fees
- 165 Period within which APVMA is to determine applications
- 165A Period within which APVMA is to conclude reconsiderations under Division 4 of Part 2
- 166 Internal review of decisions
- 167 Review of decisions by Administrative Appeals Tribunal
- 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
Part 11—Transitional provisions
- 171 Explanation of Part
- 172 Existing clearance for registration of chemical product
- 174 Existing registration of chemical product
- 176 Existing registration or approval of label
- 178 Provisions that apply in respect of existing registrations or approvals
- 180 Reconsideration of existing clearances for registration
- 181 Existing permit
- 183 Pending proceedings before Administrative Appeals Tribunal
- 184 Existing notices requiring further information or samples
Endnotes
- Endnote 1—About the endnotes
- Endnote 2—Abbreviation key
- Endnote 3—Legislation history
- Endnote 4—Amendment history