Australian Government

Federal Register of Legislation

Agricultural and Veterinary Chemicals Code Act 1994No. 47, 1994

In force

Administered by

Department of Agriculture, Fisheries and Forestry

Superseded version

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C2014C00318

01 July 2014 - 20 July 2014

Table of contents

The Parliament of Australia enacts: 1 Short title
2 Commencement
3 Definitions
4 The Schedule
5 Citation and interpretation of Agvet Code and Agvet Regulations
6 Regulations
7 Orders
8 Compensation
Schedule—Agricultural and Veterinary Chemicals Code
Part 1—Preliminary
- Division 1—Object, definitions etc.
- 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
- 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
- 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
- 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- 8D Applications may be withdrawn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
- 8K Confidential commercial information must not be disclosed under certain provisions
- 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
Part 2—Approvals and registration
- Division 1—Preliminary
  - 9 Explanation of Part
- Division 2—Approving and registering
  - 9A Explanation of Division
  - 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
  - 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 2A—Varying prescribed relevant particulars
  - 26A Explanation of Division
  - 26B Applications
  - 26C Varying prescribed relevant particulars
  - 26D How 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 3A—Re approving and re registering
  - 29C Explanation of Division
  - 29D Applications
  - 29E Preliminary assessment
  - 29F Re approval or re registration
  - 29G Varying relevant particulars and conditions to allow re approval or re registration
  - 29H Reconsideration if APVMA does not re approve or re register
  - 29J How re approval takes place
  - 29K How re registration 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
  - 34AD Affirmation leading to re approval or re registration
  - 34AE Varying duration of approval or registration
  - 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
  - 34L Information with limitation periods
  - 34M 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 providing 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 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
  - 47A Varying duration—decisions of foreign regulators
- Subdivision C—Notifying end of approvals and registrations
  - 47B Advance notice of end of approval or registration
  - 47C Notice of end of approval or 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
- Division 3—Mediation or arbitration as to terms of compensation
Part 4—Control of chemical products
- Division 1—Preliminary
  - 72 Explanation of Part
  - 73 Part not to apply to veterinary surgeons acting under other laws
- Division 2—Control generally
- Division 3—Date controlled chemical products
- Division 4—Restricted chemical products
Part 5—Analysis
- 96 Explanation of Part
- 97 Analysis by approved analysts
- 98 Evidence of results of analysis
- 99 Analysis of chemical products and active constituents
Part 6—Recall notices
- 100 Explanation of Part
- 101 Recall of products that are not registered or whose registration is being reconsidered
- 102 Recall of products in certain circumstances
- 103 Recall of products with labels that are not approved or are not authorised by an established standard
- 104 Notice of recall to be published
- 105 Non compliance with recall notice
- 106 Recall under Competition and Consumer Act
- 107 Inconsistent requirements
Part 7—Permits
- 108 Explanation of Part
- 109 Definition of permit
- 110 Applications
- 110A Preliminary assessment
- 111 Functions of co ordinators
- 112 Issuing permits
- 112A APVMA may issue permit on its own initiative
- 113 Record of Permits
- 114 How permits are issued
- 115 Duration of permit
- 116 Effect of permit and compliance with conditions of permit
- 117 Surrender of permit
- 117A Notice of proposed suspension or cancellation to be given to permit holder
- 118 Suspension of permit—general grounds
- 119 Cancellation of permit—general grounds
- 119A Suspension or cancellation of permit—imminent risk to persons of death, serious injury or serious illness
- 119B Suspension or cancellation of permit—providing false or misleading information
Part 8—Manufacture of chemical products
- 120 Explanation of Part
- 120A Exclusion of certain chemical products
- 121 Offences relating to manufacture and licences
- 122 Application for licence
- 123 Issue of licence
- 125 Period of licence
- 126 Conditions of licences
- 127 Suspension and cancellation of licences
- 128 Publication of list of manufacturers etc.
Part 9—Investigative powers
- Division 1—Preliminary
  - 129 Explanation of Part
- Division 2—Requiring people to attend, give information and produce documents or things
  - Subdivision A—Notices by the APVMA
    - 130 Notice to produce or attend
    - 130A APVMA may retain documents and things
  - Subdivision B—Offence and related provisions
    - 130B Failure to comply with notice etc.
    - 130C Self incrimination etc.
- Division 3—Monitoring
  - Subdivision A—Monitoring powers etc.
  - Subdivision B—Powers of inspectors to ask questions and seek production of documents
    - 131F Inspector may ask questions and seek production of documents
    - 131G Copying of documents
- Division 4—Investigation
  - Subdivision A—Investigation powers
  - Subdivision B—Powers of inspectors to ask questions and seek production of documents
    - 132G Inspector may ask questions and seek production of documents
    - 132H Copying of documents
- Division 5—Obligations and incidental powers of inspectors
- Division 6—Execution of an investigation warrant interrupted
  - 138A Completing execution of an investigation warrant after temporary cessation
  - 138B Completing execution of an investigation warrant stopped by court order
- Division 7—Occupier’s rights and responsibilities
  - 138C Occupier entitled to observe execution of warrant
  - 138D Occupier to provide inspector with facilities and assistance
- Division 8—General provisions relating to seizure
- Division 9—Applying for warrants etc.
- Division 10—Powers of magistrates
  - 143F Powers of magistrates
Part 9A—Enforcement
- Division 1—Preliminary
  - 145 Explanation of Part
- Division 2—Civil penalty orders
- Division 3—Infringement notices
- Division 4—Enforceable undertakings
  - 145E Acceptance of undertakings
  - 145EA Enforcement of undertakings
- Division 5—Injunctions
- Division 6—Substantiation notices
- Division 7—Enforceable directions
  - 145H APVMA may give directions
- Division 8—Formal warnings
  - 145J APVMA may issue a formal warning
- Division 9—Miscellaneous
Part 10—Miscellaneous
- 153 Explanation of Part
- 154 Recognition of things done under corresponding laws
- 155 Discharge of obligations under this Code
- 156 The making of single applications or the giving of single notices under the Agvet Codes of all jurisdictions
- 156A Giving information electronically
- 157 Samples to be given for analysis
- 159 APVMA or other authority may require, or require additional, information, report or sample in certain circumstances
- 160 Overseas trials and experiments etc.
- 160A Notification of new information to APVMA in respect of pending application
- 161 Notification of new information to APVMA
- 162 Disclosure of confidential commercial information
- 163 Notice to the applicant or holder of proposed disclosure of information that is claimed to be confidential commercial information
- 163A Legislative instruments to be disallowable
- 163B Certain provisions to have effect as part of this Code
- 164 Fees
- 165 Period within which APVMA is to determine applications
- 165A Period within which APVMA is to conclude reconsiderations under Division 4 of Part 2
- 166 Internal review of decisions
- 167 Review of decisions by Administrative Appeals Tribunal
- 168 Statement to be included in certain notices of decisions
- 169 Documents and samples become property of APVMA
- 170 Provisions relating to offences
- 170A Person not to use protected name or protected symbol
Part 11—Transitional provisions
- 171 Explanation of Part
- 172 Existing clearance for registration of chemical product
- 174 Existing registration of chemical product
- 176 Existing registration or approval of label
- 178 Provisions that apply in respect of existing registrations or approvals
- 180 Reconsideration of existing clearances for registration
- 181 Existing permit
- 183 Pending proceedings before Administrative Appeals Tribunal
- 184 Existing notices requiring further information or samples
Endnotes
- Endnote 1—About the endnotes
- Endnote 2—Abbreviation key
- Endnote 3—Legislation history
- Endnote 4—Amendment history
- Endnote 5—Uncommenced amendments [none]
- Endnote 6—Modifications [none]
- Endnote 7—Misdescribed amendments [none]
- Endnote 8—Miscellaneous [none]