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Agricultural and Veterinary Chemicals Code Act 1994
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Administered by
Department of Agriculture, Fisheries and Forestry
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C2022C00347 (C33)
07 December 2022
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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
Collapse
Schedule—Agricultural and Veterinary Chemicals Code
Part 1—Preliminary
Division 1—Object, definitions etc.
1 Object of Code
1A Implementing the Code
2 Relationship of Code to other laws
3 Definitions
4 Definition of agricultural chemical product
5 Definition of veterinary chemical product
5AA Definition of registered chemical product
5A Definition of meets the safety criteria
5B Definition of meets the efficacy criteria
5C Definition of meets the trade criteria
5D Definition of meets the labelling criteria
5E Overseas trials and experiments
5F APVMA may arrange for use of computer programs to make decisions
6 Determinations, approvals, exemptions etc. by APVMA
6A APVMA may make guidelines etc.
6B Varying relevant particulars and conditions
6C Right of APVMA to use information
6D Failure to comply with time limit does not affect validity
6E APVMA may make standards
6F Specification by class
7 Possession or custody of constituent or product
8 Labels attached to containers
8AA Application of the Criminal Code
Division 2—General provisions about applications
8A Definition of meets the application requirements
8B Information to be provided with applications
8C Information to be taken into account in determining applications
8D Applications may be withdrawn
Division 3—General provisions about notices
8E Notice to Food Standards Australia New Zealand
8F Notice to holder of approval, registration or variation
8G Notice to applicant of refusal of application
8H Published notice of approvals and registrations
8J Published notice of variations of approvals and registrations
Division 4—Holders of approvals and registrations and nominated agents
8L Changing the holder
8M Nominated agent
8N Overseas holder must have nominated agent
8P Changing the nominated agent
8Q Nominated agent may withdraw
8R Role of nominated agent
Division 5—Notice of certain proposed decisions
8S Notice of certain proposed decisions
Division 6—Listed chemical products and established standards
8T Regulations may include schedule of listed chemical products
8U APVMA to prepare standards
8V Matters to be taken into account in preparing a standard
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
Subdivision A—Explanation of Division
9A Explanation of Division
Subdivision B—Approval and registration for active constituents, chemical products or labels after assessment
10 Applications
11 Preliminary assessment
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
14 Approval and registration
14A Approval of active constituents for which information is not readily available
14B APVMA not to use information for registration of new chemical product to register a similar product after disclosure
Subdivision C—Approval and registration for prescribed active constituents, chemical products or labels
14C Applications for approval of prescribed active constituents
14D Applications for registration of prescribed chemical products
14E Applications for approval of prescribed labels for containers for chemical products
Subdivision D—Common provisions
15 Restriction on power of APVMA to register products and approve labels
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 takes place
20 How registration of chemical product takes place
21 How approval of label takes place
22 Date of approval or registration
23 Conditions of approval or registration
26 Incorrect particulars and conditions
Division 2AA—Notified variations of relevant particulars
26AA Explanation of Division
26AB Notice of notifiable variations
26AC Variation of relevant particulars
26AD Notice requirements
Division 2A—Prescribed variations of relevant particulars
26A Explanation of Division
26B Applications for prescribed variations
26C Decision on prescribed variations
26D How prescribed variation takes place
Division 3—Varying relevant particulars and conditions
26E Explanation of Division
27 Applications
28 Preliminary assessment
29 Varying relevant particulars and conditions
29A APVMA may vary on its own initiative with holder’s consent
29B How variation takes place
Division 4—Reconsidering approvals and registrations
29L Explanation of Division
30 Inviting the public to propose reconsiderations
31 APVMA may reconsider approval or registration
32 Notice of reconsideration
33 APVMA may require information, reports, results or samples
34 Reconsideration by APVMA
34A Varying relevant particulars or conditions to allow affirmation
34AA Suspension or cancellation
34AB Notice of proposed decision
34AC Notice of decision on reconsideration
34AF Reconsideration of approval of label without notice in certain circumstances
Division 4A—Limits on use of information
Subdivision A—Preliminary
34F Explanation of Division
Subdivision B—General rules
34G General rules
34H Contraventions of general rules
Subdivision C—Exceptions
34J Consent, public interest etc.
34K Further rules about public interest exception
34KA Extension of protection periods
34L Information with limitation periods
34M Limitation periods
34MA Extension of limitation periods
Division 5—Suspending and cancelling approvals and registrations
34N Explanation of Division
34P Notice of proposed suspension or cancellation to be given to holder
35 Notice of proposed suspension or cancellation to be given to co ordinators
35A Suspension or cancellation of registration if imminent risk to persons of death, serious injury or serious illness
36 Suspension or cancellation of approval or registration for breach of condition
38 Suspension of approval or registration for failing to give information, results, report or sample to APVMA
38A Suspension or cancellation of approval or registration for provision of false or misleading information
39 Suspension of approval or registration if compensation for use of protected information cannot be arbitrated
41 Suspension or cancellation of approval or registration for non compliance with criteria for approval or registration or prescribed requirements
42 Suspension or cancellation of approval or registration at request of holder
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
45B Permit taken to have been issued
45C Possession or custody with intention of supply
46 How suspension or cancellation is revoked
Division 6—Duration of approvals and registrations and renewal of registrations
Subdivision A—Preliminary
46A Explanation of Division
Subdivision B—Period of approval or registration
47 Period of approval or registration
Subdivision C—Notifying the end of registrations
47C Notice of end of registration
47D Permit taken to have been issued
47E Possession or custody with intention of supply
Subdivision D—Renewing registrations
48 Applications
49 Renewal of registration
50 How renewal takes place
51 Renewal of approval of label
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
59 Right of originator of protected information to compensation for its use in relation to other applications
60 APVMA to notify holders
61 Primary holder to notify secondary holder
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
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
74 Possession or custody of unapproved active constituents with the intention of supply
75 Possession or custody of chemical products, other than registered 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 or reserved products
79 Supply of registered chemical products in contravention of conditions of 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
83 Supply of substances whose constituents differ from constituents of registered 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
88 Certain notices not to be published
89 Certain statements prohibited
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
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
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 Notification to APVMA of voluntary recalls
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.
131 Powers available to inspectors for monitoring compliance
131AA Monitoring powers to prevent imminent risk to persons of death, serious injury or serious illness
131A Monitoring powers—with consent or with warrant
131B Operating electronic equipment
131C Securing evidence of the contravention of a related provision
131D Persons assisting inspectors
131E Use of force in executing a monitoring warrant
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
132 Powers available to inspectors to investigate potential breaches of an agvet law
132A Investigation powers
132B Operating electronic equipment
132C Seizing evidence of related offences and civil penalty provisions
132D Supervisory powers of seized things
132E Persons assisting inspectors
132F Use of force in executing an investigation warrant
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
133 Consent
134 Announcement before entry
135 Inspector to be in possession of warrant
136 Details of warrant etc. to be given to occupier
137 Expert assistance to operate electronic equipment
138 Compensation for damage to electronic equipment
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
139 Copies of seized things to be given
139A Receipts for seized things
140 Return of things that are seized
141 Magistrate may permit a thing to be kept
141A Disposal of things
142 Certain expenses to be recoverable by APVMA
Division 9—Applying for warrants etc.
143 Monitoring warrants
143A Investigation warrants
143B Warrants by telephone, fax etc.
143C Authority of warrant
143D Offence relating to warrants by telephone, fax etc.
143E Effect of warrant
Division 10—Powers of magistrates
143F Powers of magistrates
Part 9A—Enforcement
Division 1—Preliminary
145 Explanation of Part
Division 2—Civil penalty orders
Subdivision A—Obtaining a civil penalty order
145A Civil penalty orders
145AA Maximum penalties for contravention of civil penalty provisions
145AB Civil enforcement of penalty
145AC Conduct contravening more than one civil penalty provision
145AD Multiple contraventions
145AE Proceedings may be heard together
145AF Civil evidence and procedure rules for civil penalty orders
145AG Contravening a civil penalty provision is not an offence
Subdivision B—Civil proceedings and criminal proceedings
145B Civil proceedings after criminal proceedings
145BA Criminal proceedings during civil proceedings
145BB Criminal proceedings after civil proceedings
145BC Evidence given in civil proceedings not admissible in criminal proceedings
Subdivision C—Miscellaneous
145C Continuing contraventions of civil penalty provisions
145CA Ancillary contravention of civil penalty provisions
145CB Mistake of fact
145CC State of mind
145CD Evidential burden for exceptions
145CE Liability of body corporate for actions by employees, agents or officers
145CF Liability of executive officers
145CG Establishing whether an executive officer took reasonable steps to prevent the contravention of a civil penalty provision
Division 3—Infringement notices
145DA When an infringement notice may be given
145DB Matters to be included in an infringement notice
145DC Extension of time to pay amount
145DD Withdrawal of an infringement notice
145DE Effect of payment of amount
145DF Effect of this Division
Division 4—Enforceable undertakings
145E Acceptance of undertakings
145EA Enforcement of undertakings
Division 5—Injunctions
145F Grant of injunctions
145FA Discharging or varying injunctions
145FB Certain limits on granting injunctions not to apply
145FC Other powers of a court unaffected
Division 6—Substantiation notices
145G APVMA may require claims to be substantiated etc.
145GA Compliance with substantiation notices
145GB Failure to comply with substantiation notice
Division 7—Enforceable directions
145H APVMA may give directions
Division 8—Formal warnings
145J APVMA may issue a formal warning
Division 9—Miscellaneous
146 False or misleading information or document
146A Self incrimination to be a reasonable excuse for non compliance with requirement
147 Time for bringing proceedings
149 Evidential certificates
149A Recovery of costs of investigations
150 Forfeiture
151 Conduct by directors, employees and agents
152 Liability of persons acting on behalf of non residents
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
181 Existing permit
Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history