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Superseded version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

C2016C00013 C26

10 December 2015 - 04 March 2016

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

Agricultural and Veterinary Chemicals Code Act 1994

Legislation text