Federal Register of Legislation - Australian Government

Primary content

Act No. 91 of 1988 as amended, taking into account amendments up to Act No. 94 of 1993
Administered by: Agriculture, Fisheries and Forestry
Registered 18 Nov 2009
Start Date 01 Jan 1994
Date of repeal 15 Mar 1995
Repealed by Agricultural and Veterinary Chemicals Act 1994

AGRICULTURAL AND VETERINARY CHEMICALS ACT 1988 [Note: This Act is "repealed" by Act No. 36 of 1994]
(#DATE 18:01:1994)

Compilation Information

- Updated as at 18 January 1994 *1* The Agricultural and Veterinary Chemicals Act 1988 as shown in this reprint comprises Act No. 91, 1988 amended as indicated in the Tables below.
Table of Acts
Act Date Date of Application
Number and of assent commencement saving or
year transitional
provisions
Agricultural and Veterinary Chemicals Act 1988
91, 1988 24 Nov 1988 1 July 1989 (see Gazette 1989,
No. S223) (a)
Therapeutic Goods Act 1989
21, 1990 17 Jan 1990 15 Feb 1991 -
Agricultural and Veterinary Chemicals Amendment Act 1992
263, 1992 24 Dec 1992 15 June 1993 (see s. 2 and
Gazette 1993, No. GN22)
S. 15
Primary Industries and Energy Legislation Amendment Act 1993
94, 1993 16 Dec 1993 Parts 11 and 12 (ss. 47-65):
1 Jan 1994
S. 69 (1) (b): 1 July 1989
Remainder: Royal Assent
-
(a) Section 48 of the Agricultural and Veterinary Chemicals Act 1988 provides as follows:
"(1) This Act, unless sooner repealed, shall cease to be in force at the expiration of a period of 5 years after:
(a) if the day fixed by Proclamation for the purposes of section 2 is a 1 July - the day so fixed; or
(b) if the day so fixed is not a 1 July - the 1 July next following the day so fixed.
"(2) For the purposes of section 8 of the Acts Interpretation Act 1901, when this Act ceases to be in force by virtue of subsection (1) of this section, it shall be deemed to have been repealed by an Act other than this Act."
Table of Amendments
ad=added or inserted am=amended rep=repealed rs=repealed and substituted
Provision affected How affected
S. 4 am. No. 263, 1992
S. 5 am. No. 21, 1990
Heading to Part II rs. No. 263, 1992
S. 8 rep. No. 263, 1992
S. 9 am. No. 263, 1992
Ss. 10, 11 rep. No. 263, 1992
Ss. 12-19 am. No. 263, 1992
S. 20 am. No. 263, 1992
rs. No. 94, 1993
S. 22 am. No. 263, 1992
Part IV (ss. 23-34) rep. No. 263, 1992
Ss. 23-34 rep. No. 263, 1992
S. 34A ad. No. 94, 1993
Ss. 35-38 am. No. 263, 1992
Ss. 40, 41 am. No. 263, 1992
S. 43 am. No. 263, 1992
S. 44 rep. No. 263, 1992
S. 45 am. No 263, 1992; No. 94, 1993
rs. No. 263, 1992
Ss. 46, 47 am. No. 263, 1992
S. 49 am. No. 263, 1992

AGRICULTURAL AND VETERINARY CHEMICALS ACT 1988 - TABLE OF PROVISIONS

TABLE

TABLE OF PROVISIONS
Section
PART I - PRELIMINARY
1. Short title
2. Commencement
3. Objective of the Act
4. Interpretation
5. Relationship to Therapeutic Goods Act 1989
6. Act to bind Crown
7. Extension of Act to external Territories
PART II - FUNCTIONS OF NRA
9. Functions
PART III - CLEARANCE OF CHEMICALS
12. Applications for clearances
13. Applications for variations of conditions
14. NRA may require further information or samples in
certain circumstances
15. Clearances
16. Variations
17. Reconsideration of clearance
18. Overseas trials
19. NRA may seek advice from other Commonwealth bodies and
State registering authorities
20. Disclosure of confidential commercial information
21. Grant of clearance not to preclude applications for
clearance of similar chemical products
22. Notification of new information to NRA
PART V - MISCELLANEOUS
34A. Hearings
35. Exportation of chemical products
36. False or misleading information etc.
37. Power to seek information
38. Holders of certificates of clearance
39. Conduct by directors, servants or agents
40. Fees
41. Review of decisions
42. Statement accompanying notification of decisions
43. Documents and samples become Commonwealth property
45. Exemption from suit
46. Substances that are already in use etc.
47. Annual reports
48. Cessation of operation of Act
49. Regulations and orders
SCHEDULE
FORM OF AGREEMENT TO BE ENTERED INTO BETWEEN
COMMONWEALTH AND A STATE OR THE NORTHERN TERRITORY

AGRICULTURAL AND VETERINARY CHEMICALS ACT 1988 - LONG TITLE

SECT

An Act to establish procedures for examining agricultural
chemical products and veterinary chemical products to
ascertain their suitability for use in Australia and
in the external Territories, and for related purposes

AGRICULTURAL AND VETERINARY CHEMICALS ACT 1988 - PART I
PART I - PRELIMINARY

AGRICULTURAL AND VETERINARY CHEMICALS ACT 1988 - SECT 1
Short title

SECT

1. This Act may be cited as the Agricultural and Veterinary Chemicals Act 1988.*1* SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

AGRICULTURAL AND VETERINARY CHEMICALS ACT 1988 - SECT 2
Commencement

SECT

2. The provisions of this Act, including this section, commence on a day to be fixed by Proclamation.*1* SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

AGRICULTURAL AND VETERINARY CHEMICALS ACT 1988 - SECT 3
Objective of the Act

SECT

3. (1) The objective of this Act is to make provision for a national system for evaluating the suitability of agricultural chemical products and veterinary chemical products to be cleared for registration in States and Territories for particular uses with a view to:
(a) protecting and enhancing trade and commerce in agricultural produce and livestock:
(i) between Australia and places outside Australia;
(ii) among the States; or
(iii) engaged in by a corporation;
(b) assisting in the conduct of agricultural and veterinary operations in the Territories;
(c) minimising any undue hazard to:
(i) the general public;
(ii) the environment;
(iii) users of such products and other workers exposed to
such products or to residues of such products; and
(iv) agricultural produce and livestock;
arising from the application of such products;
(d) minimising the need for separate evaluation of such products by the registering authorities of States and Territories;
(e) ensuring that such products are effective in respect of uses for which they are cleared; and
(f) ensuring that evaluation of such products is carried out in a timely and efficient manner.

(2) In paragraph (1) (a), a reference to a corporation shall be construed as including a reference to a financial corporation to which paragraph 51 (xx) of the Constitution is applicable including a body corporate which carries on, as a principal business, the business of banking (other than State banking not extending beyond the limits of the State concerned) or insurance (other than State insurance not extending beyond the limits of the State concerned).

AGRICULTURAL AND VETERINARY CHEMICALS ACT 1988 - SECT 4
Interpretation

SECT

4. (1) In this Act, unless the contrary intention appears:
"active constituent", in relation to a chemical product, means:
(a) if a chemical product is not a formulated product - the chemical of which the product is comprised; or
(b) if the chemical product is a formulated product - the chemical that is principally responsible, or the chemicals that together are principally responsible, for its biological effects;
"agricultural chemical product" means a substance or mixture of substances that is represented to be a means of directly or indirectly:
(a) destroying, stupefying, inhibiting, attracting or repelling a pest in relation to a plant, a place or a thing;
(b) destroying a plant;
(c) modifying the physiology of a plant so as to alter its natural development, productivity or reproductive capacity; or
(d) modifying the effect of another agricultural chemical product;
but does not include:
(e) a veterinary chemical product; or
(f) a substance or mixture of substances of a kind that is declared by the regulations not to be an agricultural chemical product for the purposes of this Act;
"animal" does not include man but includes the semen, ova or embryo of an animal other than man or any other substance or thing directly relevant to the reproduction of an animal other than man;
"chemical product" means an agricultural chemical product or a veterinary chemical product;
"certificate of clearance", in respect of a chemical product, means:
(a) a certificate issued under section 15 clearing the chemical product for registration in particular States and Territories; or
(b) a certificate issued under section 16 or 17 in substitution for such a certificate;
"Chairperson" means Chairperson of the NRA;
"clearance", in respect of a chemical product, means the clearance of that chemical product for registration in particular States and Territories as evidenced by the issue of a certificate of clearance in respect of that chemical product;
"committee" means a committee of the NRA;
"confidential commercial information", in relation to a chemical product or a constituent thereof, means:
(a) a trade secret relating to the chemical product or constituent;
(b) any other information relating to the chemical product or constituent that has a commercial value that would be, or could reasonably be expected to be, destroyed or diminished if the information were disclosed; or
(c) information (other than trade secrets or information to which paragraph (b) applies) concerning the lawful commercial or financial affairs of a person, organisation or undertaking, being affairs:
(i) relating to the manufacture, distribution or sale of the
chemical product or constituent; and
(ii) in respect of which the person, organisation or
undertaking could be unreasonably affected in an adverse manner by the disclosure of the information;
"designated Minister", in relation to a State or Territory that is a scheme participant, means:
(a) if that scheme participant is a State or the Northern Territory and there is only one Minister of that State or Territory responsible for regulation of the use of chemical products generally in that State or Territory - that Minister;
(b) if that scheme participant is a State or the Northern Territory and there are different Ministers of that State or Territory responsible for regulation of the use of chemical products of different kinds in that State or Territory - that one of those Ministers who is designated for the purpose by, or in a manner specified in, the agreement by reference to which the State or Territory became a scheme participant; and
(c) if that scheme participant is the Australian Capital Territory - the Minister of the Commonwealth responsible for regulation of the use of chemical products in that Territory;
"member" means a person who was a member of the former Council and includes a person who was the Chairperson of the former Council;
"member of the staff", in relation to the NRA, has the same meaning as in the Agricultural and Veterinary Chemicals (Administration) Act 1992;
"NRA" means the National Registration Authority for Agricultural and Veterinary Chemicals established by section 6 of the Agricultural and Veterinary Chemicals (Administration) Act 1992;
"pest", in relation to any animal, plant, thing or place, means:
(a) so far as any animal, plant or thing is concerned, any animal, plant or other biological entity that injuriously affects the physical condition, worth or utility of the first-mentioned animal, plant or thing; and
(b) so far as any place is concerned, any animal, plant or other biological entity that injuriously affects the use or enjoyment of that place;
"plant" includes a seed or cutting of a plant, or any other part or product of a plant directly relevant to the production of another plant;
"published literature", in relation to a particular matter, means all documents, in whatever form, that relate to that matter and that are accessible to the public;
"residue", in relation to a chemical product, means the remains of that chemical product persisting in or on food, other agricultural commodities, plants, animals, soil, water or other environmental components, together with all derivatives, metabolites and degradation products of that chemical product;
"scheme participant" means a State, the Northern Territory, or the Australian Capital Territory if that State or Territory is declared by the Minister, by notice published in the Gazette under subsection (3), to be a scheme participant;
"substance" includes:
(a) an organism;
(b) material that is produced from an organism; and
(c) matter the production of which involves the use of an organism;
but does not include a vaccine prepared from organisms from the body of an animal for use only in the treatment of that animal;
"veterinary chemical product" means a substance or mixture of substances that is represented to be a means of directly or indirectly:
(a) preventing, diagnosing, curing or alleviating a disease or condition in an animal or an infestation of an animal by a pest in relation to that animal;
(b) curing or alleviating an injury suffered by an animal; or
(c) modifying the physiology of an animal:
(i) so as to alter its natural development, productivity or
reproductive capacity; or
(ii) so as to make it more manageable;
but does not include:
(d) such a substance or mixture of substances prepared by a pharmacist or veterinary surgeon, in the course of the practice of his or her profession, to deal with a particular condition of a particular animal in a particular instance;
(e) animal feed in relation to which none of the effects referred to in paragraph (a), (b) or (c) are claimed; or
(f) a substance or mixture of substances of a kind that is declared by the regulations not to be a veterinary chemical product for the purposes of this Act.

(2) Where reference is made in a provision of this Act to the registering authority of a State or Territory that is a scheme participant then, in the application of that provision in respect of chemical products or chemical products of a particular kind, that reference shall be taken to be a reference:
(a) to the Government entity of that State or Territory; or
(b) to the body or organisation established by or under the laws of that State or Territory;
that is principally responsible, under the laws of that State or Territory, for the registration or approval (however described) of chemical products generally, or of chemical products of that kind, for use in that State or Territory.

(3) Where the Minister is satisfied:
(a) that a State or the Northern Territory has entered into an agreement with the Commonwealth, in terms substantially similar to the terms of the agreement set out in the Schedule; or
(b) that an Ordinance of the Australian Capital Territory makes satisfactory provision for the clearance of chemical products under this Act to constitute the basis, except in exceptional circumstances referred to in that Ordinance, for regulating the use of those chemical products in the Australian Capital Territory;
the Minister shall, by notice published in the Gazette, declare that State, the Northern Territory or the Australian Capital Territory, as the case requires, to be a scheme participant for the purposes of this Act.

(4) In this Act, a reference to the place of residence of a person shall, in a case where that person is a body corporate, be taken to be a reference to the State or Territory where that body corporate is incorporated.

(5) For the purposes of this Act:
(a) a clearance of a chemical product shall be taken to have been granted when a certificate of clearance in respect of that chemical product is issued;
(b) the conditions to which the clearance of a chemical product is subject shall be taken to have been varied when the certificate of clearance in which the clearance for registration of that chemical product is expressed to be subject to those conditions is revoked and another certificate of clearance in which the clearance for registration of that chemical product is expressed to be subject to different conditions is substituted; and
(c) a clearance of a chemical product shall be taken to have been withdrawn when the certificate of clearance in respect of that chemical product is revoked and another certificate in respect of that chemical product is not substituted.

AGRICULTURAL AND VETERINARY CHEMICALS ACT 1988 - SECT 5
Relationship to Therapeutic Goods Act 1989

SECT

5. The provisions of this Act are in addition to, and not in substitution for, the requirements of the Therapeutic Goods Act 1989.

AGRICULTURAL AND VETERINARY CHEMICALS ACT 1988 - SECT 6
Act to bind Crown

SECT

6. This Act binds the Crown in right of the Commonwealth, of each of the States, of the Northern Territory and of Norfolk Island, but nothing in this Act renders the Crown liable to be prosecuted for an offence.

AGRICULTURAL AND VETERINARY CHEMICALS ACT 1988 - SECT 7
Extension of Act to external Territories

SECT

7. (1) The regulations may make provision for the application of this Act, subject to such modifications as are prescribed, to an external Territory and, where the regulations make such provision, the Act shall apply accordingly.

(2) In subsection (1), "modifications" includes additions, omissions and substitutions.

AGRICULTURAL AND VETERINARY CHEMICALS ACT 1988 - PART II
PART II - FUNCTIONS OF NRA

AGRICULTURAL AND VETERINARY CHEMICALS ACT 1988 - SECT 9
Functions

SECT

9. The functions of the NRA include the following:
(a) to grant or withdraw clearances for the registration of chemical products for use in States and Territories for specified purposes under specified conditions;
(b) to determine the conditions to which such clearances are subject or to vary such conditions;
(c) to obtain advice from other bodies concerning the granting or withdrawing of such clearances or the determination or variation of such conditions;
(d) to evaluate the effects of the use of chemical products in States and Territories;
(e) to develop, in consultation with the National Health and Medical Research Council and the National Occupational Health and Safety Commission, codes of practice, standards and guidelines for, and to recommend precautions to be taken in, the use of chemical products in States and Territories;
(f) to collect, interpret, disseminate and publish information relating to chemical products and their use;
(g) to encourage and facilitate the application and use of results of evaluation and testing of chemical products;
(h) to exchange information relating to chemical products and their use with overseas bodies having functions similar to the NRA's functions;
(j) when requested by the Minister, or on its own initiative, to report to or advise the Minister on any matter or issue relating to agricultural and veterinary chemicals or arising in the course of the performance of its functions;
(k) in connection with the performance of its functions under paragraphs (a) to (j) (inclusive), to consult with persons and organisations concerned with chemical products and their use;
(l) to encourage and facilitate the introduction of uniform national procedures for the control of the use of agricultural and veterinary chemical products;
(m) to co-ordinate a program funded by the NRA that is designed to ensure compliance with the laws of the States and the Northern Territory relating to the formulation and labelling of agricultural and veterinary chemical products.

AGRICULTURAL AND VETERINARY CHEMICALS ACT 1988 - PART III
PART III - CLEARANCE OF CHEMICALS

AGRICULTURAL AND VETERINARY CHEMICALS ACT 1988 - SECT 12
Applications for clearances

SECT

12. (1) A person may, in the manner approved by the NRA, apply to the NRA for a clearance for registration of a chemical product for use in States and Territories that are scheme participants and that are specified in the application.

(2) The application shall be in such form as is approved by the NRA and shall contain such information as is, from time to time, specified by the NRA in that approval.

(3) Without limiting the generality of subsection (2), a form of application approved by the NRA may be required to contain information relating to:
(a) the identity of the chemical product's constituents;
(b) the composition and purity of the chemical product's active constituent or active constituents;
(c) the uses of the product for which clearance is sought;
(d) the efficacy of the chemical product for each of those represented uses;
(e) the safety of the chemical product in relation to persons exposed to it or consuming or using products containing its residues;
(f) the effect of the chemical product or its residues on animals, plants and things;
(g) the extent of the release of the chemical product's constituents or its residues to the environment in specified circumstances;
(h) the degree of persistence, retention and movement in the environment of the chemical product and its residues;
(j) methods for the routine detection of the chemical product or its residues in foods, animal feed, beverages and the environment;
(k) methods for:
(i) the detoxification or neutralisation of the chemical
product in the environment; and
(ii) the disposal of the chemical product;
(m) the stability of the chemical product in specified circumstances;
(n) the compatibility of the chemical product with other substances or things with which it is likely to be stored or used; and
(p) whether application has been made in any foreign country for the registration or approval (however described) of the chemical product for use in that country and, in respect of each such application that has been determined, the outcome of the application.

(4) An applicant shall, in support of an application, provide a sample of the active constituent, or of each active constituent, of the chemical product to which the application relates, in such amount and in such manner as is specified by the NRA, to a body specified by the NRA, for the purpose of analysis.

(5) Where laboratory or field experiments have been conducted in relation to any matter relevant to the application, the application shall contain particulars of the conduct of, and the results obtained in, those experiments.

(6) If the applicant does not reside in Australia, the applicant shall specify the name and address of a person residing in Australia who shall be the agent of the applicant in relation to the application.

AGRICULTURAL AND VETERINARY CHEMICALS ACT 1988 - SECT 13
Applications for variations of conditions

SECT

13. (1) A person who is the holder of a certificate of clearance for a chemical product may, in the manner approved by the NRA, apply to the NRA for variation of the conditions to which the clearance of the chemical product is subject.

(2) The application shall be in such form as is approved by the NRA and shall contain:
(a) a statement of the reasons the variation of the conditions is being sought;
(b) such other information as is, from time to time, specified by the NRA in that approval; and
(c) where laboratory or field experiments have been conducted in relation to any matter relevant to the application, the application shall contain particulars of the conduct of, and the results obtained in, those experiments.

AGRICULTURAL AND VETERINARY CHEMICALS ACT 1988 - SECT 14
NRA may require further information or samples in certain circumstances

SECT

14. (1) The NRA may, in dealing with an application for a clearance of a chemical product, or for a variation of the conditions to which the clearance of a chemical product is subject, require the applicant, by notice in writing, within such period as is specified in the notice:
(a) to provide to the NRA further information, of a kind specified in the notice, that may be relevant to the application;
(b) to carry out a search of published literature for information on the chemical product or of any constituent and to provide a report to the NRA on the results of that search; or
(c) to provide to the NRA or to another body specified by the NRA, in connection with the application, a further sample of the active constituent, or of each active constituent, of the chemical product;
and, where the NRA so requires, the applicant shall comply with that request.

(2) Where an applicant fails, without reasonable excuse, to comply with a requirement under subsection (1), the NRA may, in its discretion, and without limiting its rights under section 36 to treat the application as having been withdrawn, suspend further consideration of the application until the applicant complies with the requirement (other than insofar as the requirement specifies the period in which such compliance is required).

AGRICULTURAL AND VETERINARY CHEMICALS ACT 1988 - SECT 15
Clearances

SECT

15. (1) Where a person applies to the NRA under section 12 for a clearance of a particular chemical product:
(a) if the NRA is satisfied:
(i) that an application made to it in respect of that
chemical product contains the information required under subsection 12 (2);
(ii) that the information so contained is correct in all
material particulars; and
(iii) that, having regard to that information and to any
inquiries conducted by the NRA, and subject to compliance by all affected parties with such conditions as the NRA thinks appropriate to apply under subsection (3), the chemical product:
(A) would be effective if applied, in the States and
Territories specified in the application, for its represented uses;
(B) would not unduly prejudice trade between Australia and
any place or places outside Australia if applied, in the States and Territories specified in the application, for its represented uses;
(C) would not constitute an undue hazard to the safety of
persons exposed to it during its manufacture, handling, transportation, storage, use or disposal or consuming or otherwise using products containing its residues; and
(D) would not be likely to have a serious unintended effect
on animals, plants or things;
the NRA shall, by notice in writing given to the applicant, grant the application; or
(b) if the NRA is not so satisfied, the NRA shall, by notice in writing given to the applicant, refuse the application.

(2) A notice given to an applicant under paragraph (1) (a) shall incorporate the issue to the applicant of a certificate of clearance for registration of the chemical product concerned for use in the States and Territories specified in the application, being a certificate that will have effect from a day specified in the certificate occurring not earlier than the day of issue of the certificate.

(3) Where a certificate of clearance in respect of a chemical product is incorporated in a notice under paragraph (1) (a), the clearance of that chemical product shall be subject to such conditions, specified in the certificate, as the NRA thinks appropriate.

(4) Without limiting the matters to which conditions referred to in subsection (3) may relate, clearance of a chemical product may, in circumstances of emergency, be granted on the condition that that clearance remains current for a limited period only and, where the clearance is so granted, at the end of that period, if the conditions of clearance have not been varied so as to remove that condition, the clearance shall be taken to have been withdrawn.

(5) A notice given to an applicant under subsection (1) shall include brief particulars of the reasons for the decision to which the notice relates, including, in a case where the notice is given under paragraph (1) (a), brief particulars of the reasons for the particular conditions to which the clearance of the chemical product concerned is subject.

(6) Where the NRA, in connection with a notice under paragraph (1) (a), issues a certificate of clearance in respect of a particular chemical product, it shall, as soon as practicable after the issue of the certificate:
(a) publish in the Gazette a notice to the effect:
(i) that a certificate of clearance has been issued in
respect of the chemical product concerned; and
(ii) that the certificate of clearance has come into effect,
or will come into effect, on a specified day;
being a notice that includes a brief statement of such of the conditions subject to which the clearance has been given as directly regulate the use of the chemical product but that does not include any confidential commercial information in relation to the chemical product or any constituent thereof; and
(b) forward to the registering authority of each of the scheme participants a full copy of the certificate of clearance.

AGRICULTURAL AND VETERINARY CHEMICALS ACT 1988 - SECT 16
Variations

SECT

16. (1) Where a person applies to the NRA under section 13 to vary the conditions to which the clearance of a particular chemical product is subject:
(a) if the NRA is satisfied:
(i) that the application made to it contains the information
required under subsection 13 (2);
(ii) that the information so contained is correct in all
material particulars; and
(iii) that, having regard to that information and to any
inquiries conducted by the NRA, and subject to compliance by all affected parties with the conditions as they are proposed to be varied, the chemical product:
(A) will be, or will continue to be, effective if applied,
in the States and Territories in relation to which it has been cleared, for its represented uses or for its represented uses as proposed to be varied;
(B) will continue not to unduly prejudice trade between
Australia and a place or places outside Australia if applied, in the States and Territories in relation to which it has been cleared, for its represented uses or for its represented uses as proposed to be varied;
(C) will continue not to constitute an undue hazard to the
safety of persons exposed to it during its manufacture, handling, transportation, storage, use or disposal or consuming or otherwise using products containing its residues; and
(D) will continue to be unlikely to have a serious
unintended effect on animals, plants or things;
the NRA shall, by notice in writing given to the applicant, grant the application; or
(b) if the NRA is not so satisfied, the NRA shall, by notice in writing given to the applicant, refuse the application.

(2) A notice given to an applicant under paragraph (1) (a) shall incorporate:
(a) the revocation of the certificate of clearance to which the application relates with effect from a day specified in the notice occurring not earlier than the day of issue of the notice; and
(b) the issue to the applicant, in substitution for the revoked certificate, of a new certificate of clearance for registration of the chemical product concerned for use in the States and Territories to which the previous certificate related, being a certificate that will take effect from the specified day and in which the clearance of the chemical product is expressed to be subject to the conditions as they are proposed to be varied.

(3) A notice given to an applicant under subsection (1) shall include brief particulars of the reasons for the decision to which the notice relates.

(4) Where the NRA, in connection with a notice under paragraph (1) (a), issues a new certificate of clearance in respect of a chemical product in substitution for a revoked certificate of clearance, it shall, as soon as practicable after the issue of the new certicate:
(a) if the new certificate varies conditions of clearance of the chemical product relating to the uses to which it may be put, publish in the Gazette a notice to the effect:
(i) that a new certificate has been issued in substitution
for an existing certificate in respect of the chemical product concerned so as to effect a variation of the conditions to which the clearance of that chemical product is subject; and
(ii) that the new certificate has come into effect, or will
come into effect, on a specified day;
being a notice that includes a brief statement of the particulars of the variation of the conditions so far as that variation relates to the uses of the chemical product and of the reasons for that variation but that does not include any confidential commercial information in relation to the chemical product or any constituent thereof; and
(b) forward to the registering authority of each of the scheme participants a full copy of the new certificate of clearance.

AGRICULTURAL AND VETERINARY CHEMICALS ACT 1988 - SECT 17
Reconsideration of clearance

SECT

17. (1) Where the NRA, having regard to information received by it at any time after the grant of a clearance of a chemical product, is of the opinion that, if the information is wholly or partly correct, the clearance might not have been granted or might have been subject to conditions other than the conditions to which it is presently subject, the NRA shall, unless it is satisfied that the information is vexatious, by notice in writing:
(a) inform the person holding the certificate of clearance that it proposes to reconsider the grant of the clearance including the conditions to which the clearance is subject and of its reasons for so proposing; and
(b) require the person, within a specified period that is reasonable having regard to the nature of the information received by the NRA to show cause why the clearance should not be withdrawn or should not be made subject to conditions other than the conditions to which it is presently subject.

(2) Where a person receives a notice under subsection (1) in respect of a chemical product, the person shall give to the NRA, within the period specified in the notice, any information in the possession or under the control of the person, or of which the person has knowledge, that appears to the person to be relevant to that reconsideration.

(3) After considering all information of the kind referred to in subsection (1) in respect of a chemical product in respect of which a clearance for registration is in force and any information given to it under subsection (2) in respect of that product, and having regard to any inquiries the NRA may make on its own motion, the NRA shall:
(a) if it continues to be satisfied, subject to compliance with the present conditions to which the clearance of the chemical product is subject, of the matters referred to in sub-subparagraphs 15 (1) (a) (iii) (A), (B), (C) and (D) - by notice in writing given to the holder of the certificate of clearance, re-affirm the clearance for registration of the chemical product subject to those conditions; and
(b) if it does not continue to be so satisfied - by notice in writing given to the applicant, inform the applicant to that effect.

(4) Where the NRA is satisfied that the conditions to which the clearance of the chemical product concerned is subject can be varied in such a manner as will enable the NRA to be satisfied of the matters referred to in sub-subparagraphs 15 (1) (a) (iii) (A), (B), (C) and (D), the notice given to an applicant under paragraph (3) (b) shall incorporate:
(a) the revocation of the certificate of clearance that is being reconsidered with effect from a day specified in the notice occurring not earlier than the day of issue of the notice; and
(b) the issue to the holder of the revoked certificate, in substitution for the revoked certificate, of a new certificate of clearance for registration of the chemical product concerned for use in the States and Territories to which the revoked certificate related, being a certificate that will take effect from the specified day and in which the clearance of the chemical product is expressed to be subject to the conditions varied in that particular manner.

(5) Where the NRA is not satisfied that the conditions to which clearance of the chemical product concerned is subject can be so varied, the notice given to the applicant under paragraph (3) (b) shall withdraw the clearance by revoking the certificate with effect from a day specified in the notice occurring not earlier than the day of issue of the notice.

(6) A notice given to the holder of a certificate of clearance under subsection (3) shall include brief particulars of the reasons for the decision to which the notice relates, including, in a case where the notice is given under paragraph (3) (b), brief particulars of the reasons for the variation of the conditions to which the clearance of the chemical product concerned is subject or for the withdrawal of the clearance, as the case requires.

(7) Where the NRA, in a notice under paragraph (3) (b), withdraws the clearance of a chemical product by revoking a certificate of clearance with effect from a day specified in that notice, it shall, as soon as practicable after the issue of the notice:
(a) publish in the Gazette a notice to the effect that the certificate of clearance of that chemical product is, with effect from that day, revoked, being a notice that includes a brief statement of the reasons for the revocation but that does not include any confidential commercial information in relation to the chemical product or any constituent thereof; and
(b) notify the registering authority of each of the scheme participants, in writing, of that revocation.

(8) Where the NRA, in a notice under paragraph (3) (b), issues a new certificate of clearance in respect of a chemical product in substitution for a revoked certificate of clearance it shall, as soon as practicable after the issue of the new certificate:
(a) publish in the Gazette a notice to the effect:
(i) that a new certificate has been issued in substitution
for an existing certificate in respect of the chemical product concerned so as to effect a change in the conditions to which the clearance of that chemical product is subject; and
(ii) that the new certificate has come into effect, or will
come into effect, on a specified day;
being a notice that includes a brief statement of the particulars of the change in the conditions and of the reasons for the change but that does not include any confidential commercial information in relation to the chemical product or any constituent thereof; and
(b) forward to the registering authority of each of the scheme participants a full copy of the new certificate of clearance.

AGRICULTURAL AND VETERINARY CHEMICALS ACT 1988 - SECT 18
Overseas trials

SECT

18. For the purpose of:
(a) determining whether to grant a clearance of a chemical product or to make the clearance of a chemical product subject to particular conditions; or
(b) reconsidering the clearance of a chemical product;
the NRA may take account of the results of any experimental trials already carried out in a foreign country in relation to the chemical product or to any constituent to the extent that those results are relevant having regard to:
(c) any significant differences in the proposed use of the chemical product in Australia and in that foreign country;
(d) any different environmental factors affecting the use of the chemical product in Australia and in that foreign country; or
(e) any significant additional information relating to the properties of the chemical product or of any constituent, being information that has become available since the conduct of those trials.

AGRICULTURAL AND VETERINARY CHEMICALS ACT 1988 - SECT 19
NRA may seek advice from other Commonwealth bodies and State
registering authorities

SECT

19. (1) For the purposes of:
(a) determining whether to grant a clearance of a chemical product or to make the clearance of a chemical product subject to particular conditions; or
(b) reconsidering the clearance of a chemical product;
the NRA:
(c) may seek the advice of any Department of the Australian Public Service or of another Commonwealth authority on matters relevant to the use of the chemical product generally;
(d) shall seek the advice of the registering authority of each State or Territory that is a scheme participant and to which the clearance of the chemical product relates on matters relevant to the use of the chemical product in that State or Territory; and
(e) may seek the advice of the registering authority of any other State or Territory that is a scheme participant on matters relevant to the use of the chemical product in that other State or Territory.

(2) For the purpose of seeking the advice of a Department of the Australian Public Service, of another Commonwealth authority or of the registering authority of a State or Territory that is a scheme participant, the NRA may make information obtained by it concerning the chemical product, and samples of the chemical product, available to officers or employees of the Australian Public Service performing duty in that Department, or to members or members of the staff, of that authority.

AGRICULTURAL AND VETERINARY CHEMICALS ACT 1988 - SECT 20
Disclosure of confidential commercial information

SECT

20. (1) This section applies to:
(a) a person who was:
(i) a member (including the Chairperson) of the former
Council; or
(ii) a member of the staff of the former Council; or
(iii) a member of a committee of the former Council; or
(b) a person who is or has been:
(i) a director of the NRA; or
(ii) the Chief Executive Officer of the NRA; or
(iii) a member of the staff of the NRA; or
(iv) a consultant to the NRA; or
(v) a member of a committee of the NRA.

(2) Except in the performance of functions or duties, or the exercise of powers, under this Act, a person must not intentionally or recklessly disclose, directly or indirectly, to another person any information about a chemical product or any of its constituents that:
(a) the person knows to be confidential commercial information; and
(b) was acquired by the person in the performance of such functions or duties or the exercise of such powers.
Penalty: Imprisonment for 2 years.

(3) Subsection (2) does not prohibit the disclosure of information about a chemical product or constituent to a court in any proceeding but the court must do all things necessary to prevent disclosure of that information to any other person except for the purpose of the proceeding.

(4) Despite subsection (2), a person (the "authorised person") that the NRA has authorised to act under this subsection may:
(a) disclose confidential commercial information about a chemical product or any of its constituents:
(i) if the product contains an active constituent that,
before the clearance of the product, was not contained in a chemical product used in Australia - by disclosing a summary of an assessment that the NRA has made of the product; or
(ii) for the purposes of the NRA's reconsideration of the
clearance of the product under section 17 - by disclosing particulars of the product; or
(iii) by disclosing, subject to any conditions prescribed by
the regulations, information about the toxicology of the product; or
(b) disclose confidential commercial information about a chemical product or any of its constituents to:
(i) a Government or authority of the Commonwealth, of a State
or of a Territory; or
(ii) an overseas authority having similar functions to the
NRA; or
(iii) a prescribed international organisation; or
(iv) any other prescribed authority or prescribed person; or
(v) a person who, in the opinion of the authorised person, is
expressly or impliedly authorised by the person who applied for clearance of the chemical product to obtain the information.

(5) A person who acquires information because of a disclosure under subsection (4), and any person under the control of that person, is, in respect of that information, subject to the same obligations and liabilities under subsection (2) as if that person were a person performing duties under this Act and had acquired the information in the performance of those duties.

(6) Despite subsection (2), the authorised person may permit confidential commercial information about a chemical product or any of its constituents to be disclosed to a Government, authority, organisation or person for the purpose of enabling the Government, authority, organisation or person to give advice to the NRA in accordance with section 19.

(7) Except for the purpose of providing advice to the NRA in accordance with section 19, a person who acquires information because of a disclosure under subsection (6), and any person who is or has been under the control of that person, must not intentionally or recklessly disclose that information, directly or indirectly, to any person if the person disclosing the information knows that the information is confidential commercial information.
Penalty: Imprisonment for 2 years.

(8) If a person has disclosed to another person, except under subsection (4) or (6), any confidential commercial information about a chemical product or any of its constituents that was acquired by the first-mentioned person in the performance of functions or duties, or the exercise of powers, under this Act, the other person, and any person who is or has been under the control of the other person, must not intentionally or recklessly disclose that information, directly or indirectly, to any person if the person disclosing the information knows that the information is confidential commercial information.
Penalty: Imprisonment for 2 years.

(9) The powers conferred by subsection (6) are in addition to, and do not prejudice, the powers conferred by subsection (4).

(10) This section does not preclude the institution of an action or other civil proceeding against a person in respect of the disclosure, or the proposed, threatened or likely disclosure, by that person of confidential commercial information about a chemical product or any of its constituents.

(11) This section does not affect the operation of the Freedom of Information Act 1982.

(12) In this section:
"court" includes a tribunal, authority or person having power to require the production of documents or the answering of questions;
"disclose", in relation to information, means give or communicate in any way.

AGRICULTURAL AND VETERINARY CHEMICALS ACT 1988 - SECT 21
Grant of clearance not to preclude applications for clearance of
similar chemical products

SECT

21. The grant of a clearance of a chemical product does not preclude the grant of a clearance to another person of another similarly constituted chemical product or of a chemical product that has one or more similar constituents.

AGRICULTURAL AND VETERINARY CHEMICALS ACT 1988 - SECT 22
Notification of new information to NRA

SECT

22. (1) A person to whom a clearance has been granted in respect of a chemical product shall, as soon as that person or body becomes aware of any information in relation to that chemical product or of any constituent of that chemical product that:
(a) contradicts any information furnished to the NRA under this Act; or
(b) indicates that the use of the chemical product in accordance with the claims or recommendations for its use may have an unintended harmful effect or may not be as effective as was set out in the application;
notify the NRA, in writing, of that information.
Penalty:
(a) in the case of a natural person - $50,000 or imprisonment for 10 years, or both; and
(b) in the case of a body corporate - $250,000.

(2) The NRA may, at any time, by notice in writing, require the holder of a certificate of clearance in respect of a chemical product to provide to the NRA any information of a kind specified in the notice that might warrant a reconsideration of the clearance, being information of which the holder might reasonably be expected to have knowledge or to which the holder might reasonably be expected to have access and, where the NRA so requires, the holder of the certificate shall comply with that request.
Penalty:
(a) in the case of a natural person - $50,000 or imprisonment for 10 years, or both; and
(b) in the case of a body corporate - $250,000.

(3) In a prosecution of a person for an offence under subsection (2) of failing to provide specified information to the NRA, it is a defence if the person proves that he or she did not possess, and had no means of access to, that specified information.

AGRICULTURAL AND VETERINARY CHEMICALS ACT 1988 - PART V
PART V - MISCELLANEOUS

AGRICULTURAL AND VETERINARY CHEMICALS ACT 1988 - SECT 34A
Hearings

SECT

34A. (1) The NRA may hold hearings for the purposes of the performance or exercise of any of its functions or powers.

(2) Before holding a hearing, the NRA must:
(a) cause to be published in the Gazette; and
(b) cause to be published, in each State, the Australian Capital Territory, the Northern Territory, and each external Territory to which this Act applies, in a daily newspaper circulating in that State or Territory;
a notice setting out the place and time for the hearing.

(3) Subject to subsection (4), a hearing is to be held in public.

(4) The NRA, having regard to the confidential nature of any submissions or evidence or for any other reason, may direct that any part of a hearing be in private and may determine who may be present.

(5) The NRA may give directions prohibiting or restricting the publication of submissions or evidence given at a hearing, whether in public or in private, or of matters contained in such submissions or evidence or in documents produced at such a hearing.

(6) A person must not contravene, without reasonable excuse, a direction given under subsection (5).
Penalty: 20 penalty units.

(7) If the NRA directs that a part of a hearing be in private, a person must not, without reasonable excuse, be present at the hearing unless he or she:
(a) is a member of the NRA; or
(b) is a member of the staff of the NRA that the NRA has authorised to be present; or
(c) is entitled to be present because of a determination under subsection (4).
Penalty: 20 penalty units.

(8) At a hearing the NRA may receive submissions or evidence, in a form determined by it, from persons who, in its opinion, are likely to be able to help it in the performance or exercise of the functions or powers to which the hearing relates.

(9) A hearing is to be conducted with as little formality and technicality as is practicable and the NRA is not bound by the rules of evidence.

AGRICULTURAL AND VETERINARY CHEMICALS ACT 1988 - SECT 35
Exportation of chemical products

SECT

35. (1) The NRA may, upon the application, in writing, of a person wishing to export a chemical product to a foreign country, and, if the person is not the holder of a certificate of clearance in respect of that chemical product, after informing in writing the holder of that certificate of the name of the applicant and the name of any foreign country to which the applicant proposes to export that chemical product, provide to the person or to the government of that country or to any authority of that country specified by the person, a certificate setting out the findings (if any) of the NRA in relation to such matters respecting the chemical product as are required to be established for the purposes of that exportation.

(2) Where the NRA becomes aware that a chemical product:
(a) in respect of which an application for a clearance has been refused or a clearance has been withdrawn; or
(b) the clearance of which is subject to conditions significantly limiting the use of the chemical;
is proposed to be exported to a foreign country, the NRA may, on its own motion, inform a body established in that country and having functions similar to its own functions that the application has been so refused, that the clearance has been so withdrawn or that the clearance of the chemical product has been made subject to such conditions and of the reasons for that refusal, withdrawal or imposition of conditions.

AGRICULTURAL AND VETERINARY CHEMICALS ACT 1988 - SECT 36
False or misleading information etc.

SECT

36. (1) A person shall not:
(a) in connection with an application under section 12 or 13;
(b) in compliance or purported compliance with a requirement of the NRA under subsection 14 (1) or 22 (2) or with subsection 22 (1); or
(c) in response to a notice under subsection 17 (1);
give to the NRA information, whether oral or in writing, or documents, that the person knows to be false or misleading in a material particular.
Penalty:
(a) in the case of a natural person - $50,000 or imprisonment for 10 years, or both;
(b) in the case of a body corporate - $250,000.

(2) Subsection (1) does not apply to a document if, at the time when the person gives it to the NRA, the person informs the NRA that it is false or misleading in a material particular and specifies in what respect it is, to the person's knowledge, false or misleading in a material particular.

AGRICULTURAL AND VETERINARY CHEMICALS ACT 1988 - SECT 37
Power to seek information

SECT

37. A person is not excused from giving information to the NRA in compliance with a requirement under subsection 14 (1) or 22 (2) on the ground that the information might tend to incriminate the person or make the person liable to a penalty but the information given by that person is not admissible in any criminal proceedings except a proceeding against the person for an offence against section 36.

AGRICULTURAL AND VETERINARY CHEMICALS ACT 1988 - SECT 38
Holders of certificates of clearance

SECT

38. (1) Upon the death of:
(a) a person to whom a certificate of clearance in respect of a chemical product has been granted and who has not ceased, by virtue of this section or of a withdrawal of the clearance of the chemical product, to be the holder of that certificate of clearance; or
(b) a person who is the holder of the certificate of clearance by virtue of a previous application of this section;
the legal personal representative of the estate of the person who has died:
(c) shall be taken to be the holder of that certificate of clearance for all purposes of this Act; and
(d) shall, as soon as practicable, notify the NRA, in writing of the death.

(2) Where:
(a) a person to whom a certificate of clearance in respect of a chemical product has been granted and who has not ceased, by virtue of this section or of a withdrawal of the clearance of the chemical product, to be the holder of that certificate of clearance; or
(b) a person who is the holder of the certificate of clearance by virtue of a previous application of this section;
becomes bankrupt, the person who becomes, under the Bankruptcy Act 1966, the trustee in bankruptcy of the estate of the first-mentioned person:
(c) shall, immediately upon becoming trustee in bankruptcy, be taken to be the holder of the certificate of clearance for the purposes of this Act; and
(d) shall, as soon as practicable thereafter, notify the NRA, in writing, of the bankruptcy.

(3) Where:
(a) a body corporate to which a certificate of clearance in respect of a chemical product has been granted and which has not ceased, by virtue of this section or of a withdrawal of the clearance of the chemical product, to be the holder of that certificate of clearance; or
(b) a body corporate that is the holder of the certificate of clearance by virtue of a previous application of this section;
is being wound up, the person appointed to be the liquidator of the body corporate:
(c) shall, immediately upon being so appointed, be taken to be the holder of the certificate of clearance for all purposes of this Act; and
(d) shall, as soon as practicable thereafter, notify the NRA, in writing, of the winding up.

(4) Where a person agrees to dispose of a business relating to the manufacture, distribution or sale of a chemical product and it is agreed that the disposal of that business shall include a disposal of the certificate of clearance in respect of that chemical product:
(a) the person who acquires that business shall be taken to be the holder of the certificate for all purposes of this Act with effect from the day the person acquires the business; and
(b) the person shall thereupon inform the NRA that the person has, by reason of that agreement, become the holder of that certificate of clearance.

(5) If, at any time, the NRA is satisfied that it has not been kept informed of any transference of a certificate of clearance in respect of a chemical product in accordance with this section, the NRA may withdraw clearance of that chemical product by revoking the certificate of clearance.

(6) Where, under subsection (5) or any other provision of this Act, the NRA decides to withdraw the clearance of a chemical product by revoking the certificate of clearance in respect of that product, the person who was, immediately before that withdrawal, the holder of that certificate of clearance shall be taken, for all purposes of this Act other than the making of an application under section 41 for review of that decision, to have ceased to be the holder of that certificate of clearance.

AGRICULTURAL AND VETERINARY CHEMICALS ACT 1988 - SECT 39
Conduct by directors, servants or agents

SECT

39. (1) Where it is necessary, for the purposes of this Act, to establish the state of mind of a body corporate in respect of conduct engaged in, or deemed by subsection (2) to have been engaged in, by the body corporate, it is sufficient to show that a director, servant or agent of the body corporate, being a director, servant or agent by whom the conduct was engaged in within the scope of his or her actual or apparent authority, had that state of mind.

(2) Any conduct engaged in on behalf of the body corporate:
(a) by a director, servant or agent of the body corporate within the scope of his or her actual or apparent authority; or
(b) by any other person at the direction or with the consent or agreement (whether express or implied) of a director, servant or agent of the body corporate, where the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the director, servant or agent;
shall be deemed, for the purposes of this Act, to have been engaged in also by the body corporate.

(3) Where it is necessary, for the purposes of this Act, to establish the state of mind of a person in relation to conduct deemed by subsection (4) to have been engaged in by the person, it is sufficient to show that a servant or agent of the person, being a servant or agent by whom the conduct was engaged in within the scope of his or her actual or apparent authority, had that state of mind.

(4) Conduct engaged in on behalf of a person other than a body corporate:
(a) by a servant or agent of the person within the scope of his or her actual or apparent authority; or
(b) by any other person at the direction or with the consent or agreement (whether express or implied) of a servant or agent of the first-mentioned person, where the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the servant or agent;
shall be deemed, for the purposes of this Act, to have been engaged in also by the first-mentioned person.

(5) A reference in this section to the state of mind of a person includes a reference to the knowledge, intention, opinion, belief or purpose of the person and the person's reasons for the person's intention, opinion, belief or purpose.

(6) A reference in this section to a director of a body corporate includes a reference to a constituent member of a body corporate incorporated for a public purpose by a law of the Commonwealth, of a State or of a Territory.

AGRICULTURAL AND VETERINARY CHEMICALS ACT 1988 - SECT 40
Fees

SECT

40. (1) The regulations may prescribe fees, or a method of ascertaining fees, to be paid to the Commonwealth in respect of:
(a) applications for clearances;
(b) applications for the variation of conditions to which clearances are subject; or
(c) applications for the provision of certificates to the governments of, or to authorities of, foreign countries for exportation purposes.

(2) Fees prescribed in respect of applications referred to in subsection (1) are due and payable in such manner and at such time or times as are prescribed.

(3) Where a fee that is required to be paid at the time of making an application is not so paid, the application shall be taken not to have been duly made.

(4) Where a fee that is required to be paid by a particular date after the making of an application is not paid by that date, the application shall, at that date, be taken to have been withdrawn, but the withdrawal of the application does not affect any liability for the payment of any fee in respect of work done in respect of the application before it is taken to have been so withdrawn.

(5) The regulations may prescribe circumstances in which the NRA may, in its discretion, on behalf of the Commonwealth, waive fees that would otherwise be payable under this section.

AGRICULTURAL AND VETERINARY CHEMICALS ACT 1988 - SECT 41
Review of decisions

SECT

41. (1) Subject to the Administrative Appeals Tribunal Act 1975, applications may be made to the Administrative Appeals Tribunal:
(a) by an applicant for a clearance of a chemical product, for review of a decision by the NRA under section 15 to grant clearance of the product subject to particular conditions;
(b) by an applicant for a clearance of a chemical product, for review of a decision by the NRA under section 15 to refuse that application;
(c) by the holder of a certificate of clearance in respect of a chemical product, for review of a decision by the NRA under section 16 to refuse an application to vary the conditions to which clearance of that product is subject;
(d) by the holder of a certificate of clearance in respect of a chemical product, for review of a decision by the NRA under section 17 to withdraw the clearance;
(e) by the holder of a certificate of clearance in respect of a chemical product, for review of a decision by the NRA under section 17 to vary the conditions to which the clearance is subject; or
(f) by the holder of a certificate of clearance in respect of a chemical product, for review of a decision by the NRA under section 38 to withdraw the clearance of that chemical product.

(2) In subsection (1), "decision" has the same meaning as in the Administrative Appeals Tribunal Act 1975.

AGRICULTURAL AND VETERINARY CHEMICALS ACT 1988 - SECT 42
Statement accompanying notification of decisions

SECT

42. (1) Where notice in writing of the making of a decision:
(a) of the kind referred to in paragraph 41 (1) (a) or (b) is given to the applicant for a clearance in respect of the chemical product concerned;
(b) of the kind referred to in paragraph 41 (1) (c) is given to the holder of a certificate of clearance in respect of the chemical product concerned; or
(c) of the kind referred to in paragraph 41 (1) (d), (e) or (f) is given to the person presently holding a certificate of clearance in respect of the chemical product concerned;
that notice shall include a statement to the effect that:
(d) subject to the Administrative Appeals Tribunal Act 1975, application may be made by or on behalf of that person to the Administrative Appeals Tribunal for review of the decision; and
(e) except where subsection 28 (4) of that Act applies, application may be made in accordance with section 28 of that Act by or on behalf of that person for a statement in writing setting out the findings on material questions of fact, referring to the evidence or other materials on which those findings were based and giving the reasons for the decision.

(2) Any failure to comply with a requirement of subsection (1) in relation to a decision does not affect the validity of the decision.

AGRICULTURAL AND VETERINARY CHEMICALS ACT 1988 - SECT 43
Documents and samples become Commonwealth property

SECT

43. All documents and samples provided to the NRA for any purpose of this Act become, upon being so provided, the property of the Commonwealth and may, subject to section 20, be dealt with or disposed of in any manner that the NRA considers appropriate.

AGRICULTURAL AND VETERINARY CHEMICALS ACT 1988 - SECT 45
Exemption from suit

SECT

45. (1) No action or proceeding lies against the Commonwealth, the NRA or a person who is or has been to whom this section applies for any loss or injury directly or indirectly sustained:
(a) because of the use of a chemical product in respect of which a clearance has been granted by the former Council or by the NRA; or
(b) because of an inability to use, or to use in a particular manner, a chemical product in respect of which a clearance, or a clearance permitting its use in that particular manner, has been refused by the former Council or the NRA.

(2) If an action has, whether before or after the commencement of this section, been instituted against a person responsible for the manufacture, distribution or sale of a chemical product in respect of which a clearance has been granted by the former Council or the NRA in relation to an injury directly or indirectly sustained because of the use of that product, it is not a defence to that action that a clearance was so granted in respect of the product.
(3) In this section:
"person to whom this section applies" means:
(a) a member of the former Council; or
(b) a member of the staff of the former Council; or
(c) a member of a committee of the former Council; or
(d) a director of the NRA; or
(e) the Chief Executive Officer of the NRA; or
(f) a member of the staff of the NRA; or
(g) a consultant to the NRA; or
(h) a member of a committee of the NRA.

AGRICULTURAL AND VETERINARY CHEMICALS ACT 1988 - SECT 46
Substances that are already in use etc.

SECT

46. (1) Where any substance or mixture of substances that would be a chemical product for the purposes of this Act was authorised for use, subject to particular conditions, in a particular State or Territory that became a scheme participant for the purposes of this Act immediately before the day that State or Territory became a scheme participant, this Act shall have effect, with effect from and including that day, as if there were in existence a certificate of clearance issued under this Act and having effect from that day permitting use of that substance or mixture of substances in that State or Territory subject to compliance with those conditions.

(2) Where an application for registration, or variation of the conditions of use, of a substance or mixture of substances that would be a chemical product for the purposes of this Act had been made to the registering authority of a particular State or Territory before the day on which that State or Territory became a scheme participant but that application had not been determined before that day, this Act shall not affect the consideration of that application but any registration, or variation of the conditions of use, of that substance or mixture of substances in that State or Territory resulting from the determination of that application shall, for the purposes of subsection (1), be treated as if it had had effect immediately before that State or Territory became a scheme participant.

(3) Where, before the commencement of this Act:
(a) application has been made either to the body known as the Technical Committee on Agricultural Chemicals or to the body known as the Technical Committee on Veterinary Drugs for a clearance of a substance or a mixture of substances for use in Australia or a part thereof, or for the variation of the conditions to which such a clearance is subject, but that application had not been finally dealt with before that commencement; and
(b) that substance, or mixture of substances, would be an agricultural chemical product or a veterinary chemical product for the purposes of this Act;
then, for the purpose of enabling the NRA to deal with that application:
(c) that application shall be deemed, in the case of an application for a clearance, to have been duly made to the NRA under section 12, and, in the case of an application for a variation of conditions to which a clearance is subject, to have been duly made to the NRA under section 13; and
(d) in so far as the application relates to the use of that substance or mixture of substances in a particular State or Territory, that State or Territory shall be deemed, subject to subsection (4), to be, and at all times since the making of that application to have been, a scheme participant within the meaning of this Act.

(4) To the extent that an application referred to in paragraph (3) (a) deals with the use of a chemical product in a State or Territory that has not, at the time when that application is finally determined, become a scheme participant, that application shall be taken to have been withdrawn.

AGRICULTURAL AND VETERINARY CHEMICALS ACT 1988 - SECT 47
Annual reports

SECT

47. (1) The NRA must give to the designated Minister in respect of each scheme participant a copy of each report prepared by the NRA under subsection 63H (1) of the Audit Act 1901.

(2) Without limiting the generality of subsection (1), a report by the NRA under subsection 63H (1) of the Audit Act 1901 in relation to a year shall include the following:
(a) particulars of the number of applications made to the NRA under sections 12 and 13 during the year;
(b) particulars of the number of applications so made that were disposed of during that year and the manner of their disposal;
(c) particulars of the number of reconsiderations initiated by the NRA under section 17 during the year;
(d) particulars of the number of reconsiderations so initiated that were disposed of during the year and of the manner of their disposal;
(e) particulars of the number of applications made to the Administrative Appeals Tribunal during the year for review of decisions of the NRA;
(f) particulars of the results of the applications made to the Administrative Appeals Tribunal that were determined during the year;
(g) an appraisal of the efficacy of the evaluation process having particular regard to any problems encountered in the use of chemical products during the year;
(h) recommendations for changes in the laws of the Commonwealth or of a scheme participant, or for administrative action that, as a result of the performance of its functions, the NRA considers should be made.

(3) The NRA shall ensure that any report under subsection 63H (1) of the Audit Act 1901 does not include any material the exclusion of which is necessary to protect a trade secret or other commercially confidential information.

AGRICULTURAL AND VETERINARY CHEMICALS ACT 1988 - SECT 48
Cessation of operation of Act

SECT

48. (1) This Act, unless sooner repealed, shall cease to be in force at the expiration of a period of 5 years after:
(a) if the day fixed by Proclamation for the purposes of section 2 is a 1 July - the day so fixed; or
(b) if the day so fixed is not a 1 July - the 1 July next following the day so fixed.

(2) For the purposes of section 8 of the Acts Interpretation Act 1901, when this Act ceases to be in force by virtue of subsection (1) of this section, it shall be deemed to have been repealed by an Act other than this Act.

AGRICULTURAL AND VETERINARY CHEMICALS ACT 1988 - SECT 49
Regulations and orders

SECT

49. (1) The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.

(2) In particular, but without limiting the generality of subsection (1), the regulations may make provision for or in relation to:
(a) the analysis of samples of chemical products supplied to the NRA under this Act;
(b) the inspection of premises where chemical products in respect of which clearances have been sought or granted are manufactured;
(c) prescribing penalties not exceeding $1,000 for offences against the regulations; or
(d) subject to subsection (3), empowering the Minister to make the orders not inconsistent with the regulations with respect to any matter for or in relation to which provision may be made by the regulations.

(3) An order shall not be made prescribing any penalty.

(4) An order is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

AGRICULTURAL AND VETERINARY CHEMICALS ACT 1988 - SCHEDULE

SCH

SCHEDULE Subsection 4 (3)
FORM OF AGREEMENT TO BE ENTERED INTO BETWEEN
COMMONWEALTH AND A STATE OR THE NORTHERN TERRITORY
AN AGREEMENT made the .............. day of .............. 1988
BETWEEN THE COMMONWEALTH OF AUSTRALIA (hereinafter referred to
as "the Commonwealth") of the first part and the STATE OF
.................... (hereinafter referred to as "the State") of
the second part.
WHEREAS:
A. each State and the Northern Territory of Australia has
enacted or proposes to enact legislation that provides for the
registration of agricultural and veterinary chemical products and
prohibits the sale, use and distribution of such chemical
products unless they are registered;
B. two committees, known as the Technical Committee on
Agricultural Chemicals and the Technical Committee on Veterinary
Drugs respectively, comprising representatives of Commonwealth,
State and Northern Territory Governments and other bodies
presently make recommendations with respect to the registration
of agricultural and veterinary chemical products; and
C. the Commonwealth, the States and the Northern Territory of
Australia have reached agreement on a co-operative scheme for the
uniform evaluation and clearance of such chemical products.
NOW IT IS HEREBY AGREED as follows:
1. In this agreement, unless the contrary intention appears -
"certificate of clearance", in respect of a chemical product
means a certificate issued under the Commonwealth legislation
proposed in clause 3, clearing the chemical product for
registration in particular States and Territories;
"chemical product" means an agricultural chemical product or a
veterinary chemical product;
"clearance", in respect of a chemical product, means the
clearance of that chemical product for registration in particular
States and Territories as evidenced by the issue of a certificate
of clearance in respect of the chemical product;
"Council" means the Australian Agricultural and Veterinary
Chemicals Council, the body to be established in accordance with
clause 3;
"Commonwealth law" means legislation of the Commonwealth
Parliament enacted pursuant to clause 3 and any subordinate
legislation made under that law;
"Commonwealth Minister" means the Minister of State for Primary
Industries and Energy or any other Minister acting on behalf of
or for the time being acting for that Minister;
"State law" means .................... of the State and any
subordinate legislation made under that law.
2. In this agreement, unless the contrary intention appears:
(a) words importing a gender include every other gender; and
(b) words in the singular number includes the plural and words
in the plural number include the singular.
3. The Commonwealth shall take such steps as are appropriate to
secure the passage of Commonwealth legislation that shall
establish a Council the membership of which shall include a
nominee of each State or Territory and that shall have the
following functions:
(a) to grant or withdraw clearances for the registration of
chemical products for use in States and Territories for specified
purposes under specified conditions;
(b) to determine the conditions to which such clearances are
subject or to vary such conditions;
(c) to obtain advice from other bodies concerning the granting
or withdrawing of such clearances or the determination or
variation of such conditions;
(d) to evaluate the effects of the use of chemical products in
Australia and the external Territories;
(e) to develop, in consultation with the National Health and
Medical Research Council and the National Occupational Health and
Safety Commission, codes of practice, standards and guidelines
for, and to recommend precautions to be taken in, the use of
chemical products in Australia and the external Territories;
(f) to collect, interpret, disseminate and publish information
relating to chemical products and their use;
(g) to encourage and facilitate the application and use of
results of evaluation and testing of chemical products;
(h) to exchange information relating to chemical products and
their use with overseas bodies having functions similar to the
Council's functions;
(j) when requested by the Commonwealth Minister, or on its own
motion, to report to or advise the Commonwealth Minister of any
matter relating to chemical products or arising in the course of
the the performance of its functions;
(k) in connection with the performance of its functions under
paragraphs (a) to (j) (inclusive), to consult with persons and
organisations concerned with chemical products and their use.
4. The Commonwealth shall not take action to amend or repeal
the Commonwealth law before consulting the State on the terms of
the amendment or repeal.
5. The State shall, as soon as practicable after the passage of
the Commonwealth law and after consulting with the Commonwealth
in accordance with subclause 6 (1), take such action as may be
appropriate to cause the State law to be amended with the effect
that:
(a) where the Council issues a certificate of clearance in
relation to a chemical product, the chemical product shall,
except as provided in paragraphs (b) and (c), be registered upon
application in accordance with the State law upon such
conditions, if any, and for such period, if any, as the Council
recommends;
(b) paragraph (a) does not apply to a chemical product intended
for use in the control or eradication of a pest or disease:
(i) that does not occur or, where it occurs, is not of
economic significance in the State; or
(ii) in respect of which a control or eradication program is
being undertaken in the State and use of the chemical could
obscure evidence of the presence of the pest or disease;
(c) paragraph (a) does not apply to a chemical product the
likely use of which, in the opinion of a chemical registration
authority of the State:
(i) would not be desirable in relation to a farming method
that is practised in the State;
(ii) would encourage increase in the State of a population of
organisms that are resistant to the chemical; or
(iii) would not be desirable in relation to climatic or soil
conditions;
(d) except as provided in paragraphs (e) and (f), a chemical
product shall not be registered under the State law otherwise
than in accordance with a certificate of clearance issued in
relation to the chemical product by the Council;
(e) paragraph (d) does not apply to a chemical product that has
been cleared under the Commonwealth law for a particular use or
uses and in relation to which State registration is sought for
another use that is not inconsistent with the first-mentioned use
or uses, being registration for a use for the purpose of
facilitating the small scale production of specialised crops or
for small scale domestic, industrial or experimental use in the
State; and
(f) paragraph (d) does not apply to a chemical product that, in
the opinion of the State, is intended for use in exceptional
circumstances.
6. Pending amendment of the State law pursuant to clause 5, the
State shall take such action as may be appropriate within present
State law to give such effect as is possible, before amendment of
State legislation, to clause 5 of this agreement by
.......................
7. The State shall not take action to amend or repeal the State
law enacted pursuant to clause 5 of this agreement before
consulting the Commonwealth on the terms of the amendment or
repeal.
8. The State Minister responsible for administration of matters
relevant to this agreement shall be the Minister for............
or any other Minister acting on behalf of, or for the time being
acting for, that Minister.
9. The Commonwealth and the State may, by written agreement,
vary or amend the terms of this agreement.
IN WITNESS WHEREOF this agreement has been executed as at the
day and year first written above.
SIGNED for and on behalf of the )
COMMONWEALTH OF AUSTRALIA )
by )
in the presence of -
SIGNED for and on behalf of )
the STATE OF )
by )
in the presence of -