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Act No. 262 of 1992 as amended, taking into account amendments up to Customs and Other Legislation Amendment (Australian Border Force) Act 2015
An Act to establish an authority for the registration of agricultural and veterinary chemicals, and for related purposes
Administered by: Agriculture and Water Resources
Registered 12 Aug 2015
Start Date 01 Jul 2015
End Date 20 Oct 2016
Table of contents.

Agricultural and Veterinary Chemicals (Administration) Act 1992

No. 262 of 1992

Compilation No. 33

Compilation date:                              1 July 2015

Includes amendments up to:            Act No. 41, 2015

Registered:                                         12 August 2015

 

About this compilation

This compilation

This is a compilation of the Agricultural and Veterinary Chemicals (Administration) Act 1992 that shows the text of the law as amended and in force on 1 July 2015 (the compilation date).

This compilation was prepared on 13 July 2015.

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on ComLaw (www.comlaw.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on ComLaw for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on ComLaw for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

  

  

  


Contents

Part 1—Preliminary                                                                                                             1

1............ Short title............................................................................................. 1

2............ Commencement................................................................................... 1

3............ Object.................................................................................................. 1

4............ Interpretation....................................................................................... 1

5............ Extension to external Territories.......................................................... 5

5A......... Application of the Criminal Code....................................................... 5

Part 2—Establishment, functions and powers of APVMA                         6

6............ Australian Pesticides and Veterinary Medicines Authority................. 6

7............ Functions and powers......................................................................... 6

7A......... Annual publication of standards for certain residues of chemical products              8

8............ Consultation........................................................................................ 9

8A......... Consultation with Gene Technology Regulator................................. 10

9............ Agreements and arrangements.......................................................... 11

9A......... APVMA to comply with policies of Governments of Commonwealth, States and participating Territories            12

10.......... Minister may give directions............................................................. 12

10A....... Chief Executive Officer not subject to direction on certain matters... 13

11.......... Delegation by APVMA.................................................................... 13

Part 3—Constitution of APVMA and Advisory Board                               14

Division 1—Constitution of APVMA                                                                 14

12.......... APVMA is body corporate etc......................................................... 14

13.......... Constitution of APVMA.................................................................. 14

Division 2—The Advisory Board                                                                         15

14.......... Establishment.................................................................................... 15

15.......... Membership...................................................................................... 15

16.......... Function of Advisory Board............................................................. 15

Division 3—Appointment etc. of members of Advisory Board            16

17.......... Appointment..................................................................................... 16

18.......... Term of appointment......................................................................... 17

19.......... Remuneration and allowances........................................................... 17

21.......... Leave of absence............................................................................... 18

22.......... Resignation....................................................................................... 18

23.......... Disclosure of interests....................................................................... 18

24.......... Termination of appointment.............................................................. 19

25.......... Terms and conditions of appointment not provided for by Act......... 19

25A....... Board members are officials of the APVMA.................................... 19

Division 4—Advisory Board procedures                                                         20

26.......... Meetings between the Chief Executive Officer and the Advisory Board  20

27.......... Meetings of the Advisory Board....................................................... 21

Division 5—Committees                                                                                            23

28.......... Establishment of committees............................................................. 23

29.......... Meetings of committees.................................................................... 23

29A....... Remuneration and allowances of committee members...................... 24

30.......... Arrangements relating to staff etc...................................................... 25

Part 4—Chief Executive Officer                                                                                 26

31.......... Chief Executive Officer..................................................................... 26

32.......... Duties................................................................................................ 26

32A....... Working with the Advisory Board.................................................... 26

33.......... Appointment..................................................................................... 27

34.......... Term of appointment......................................................................... 27

35.......... Remuneration and allowances........................................................... 27

37.......... Terms and conditions of appointment............................................... 27

38.......... Chief Executive Officer not to engage in other paid employment...... 28

39.......... Leave of absence for recreation......................................................... 28

40.......... Leave of absence for other purposes................................................. 28

41.......... Resignation....................................................................................... 28

41A....... Termination of appointment.............................................................. 28

42.......... Disclosure of interests....................................................................... 29

43.......... Acting Chief Executive Officer......................................................... 29

44.......... Delegation by the Chief Executive Officer........................................ 30

Part 5—Staff and consultants                                                                                      31

45.......... Staff.................................................................................................. 31

46.......... Staff to be made available to the APVMA........................................ 31

47.......... Consultants....................................................................................... 32

Part 6—Corporate and annual operational plans                                           33

51.......... Approval of corporate plan............................................................... 33

52.......... Variation of corporate plan................................................................ 33

55.......... Development of annual operational plan........................................... 34

56.......... Approval of annual operational plan................................................. 34

57.......... Variation of annual operational plan.................................................. 35

Part 7—Finance and reporting requirements                                                    36

Division 1—Finance                                                                                                     36

58.......... Money payable to the APVMA........................................................ 36

59.......... Application of money by the APVMA............................................. 37

Division 2—Reporting requirements                                                                  38

61.......... Annual report.................................................................................... 38

Division 3—Exemption from taxation                                                               39

62.......... Exemption from taxation................................................................... 39

Part 7A—Importation, manufacture and exportation of chemicals     40

Division 1—Interpretation                                                                                       40

69A....... Interpretation..................................................................................... 40

Division 2—Importation, manufacture and exportation                         41

Subdivision A—Importation                                                                                 41

69B....... Importation offence........................................................................... 41

Subdivision B—Provision of information                                                         43

69CA.... Providing information about certain chemical products etc. to comply with international agreements      43

69CB..... Providing information about certain chemical products etc. under international consideration 44

69CC..... Relevant agency to provide information to other countries................ 46

69CD.... Contraventions relating to providing information under sections 69CA and 69CB  47

Subdivision C—Chemical products etc. subject to international agreements 49

69C....... Prohibition on import, manufacture, use or export of certain chemical products etc. under international agreements.......................................................................................................... 49

Subdivision D—Exportation                                                                                 50

69D....... Export of chemical products.............................................................. 50

Subdivision E—Miscellaneous                                                                              52

69E........ Annual returns.................................................................................. 52

69EA..... Keeping of records............................................................................ 53

69EAA.. Definitions........................................................................................ 54

Part 7AA—Investigative powers                                                                                55

Division 1—Monitoring                                                                                             55

Subdivision A—Monitoring powers etc.                                                             55

69EAB.. Powers available to inspectors for monitoring compliance................ 55

69EAC.. Monitoring powers—with consent or with warrant.......................... 56

69EAD.. Operating electronic equipment......................................................... 57

69EAE.. Securing evidence of the contravention of a related provision........... 58

69EAF.. Persons assisting inspectors.............................................................. 59

69EAG.. Use of force in executing a monitoring warrant................................ 60

Subdivision B—Powers of inspectors to ask questions and seek production of documents         60

69EAH.. Inspector may ask questions and seek production of documents...... 60

69EAJ... Copying of documents...................................................................... 61

Division 2—Investigation                                                                                         62

Subdivision A—Investigation powers                                                                 62

69EB..... Powers available to inspectors to investigate potential breaches of this Act and the Collection Act         62

69EBA.. Investigation powers......................................................................... 62

69EBB.. Operating electronic equipment......................................................... 64

69EBC.. Seizing evidence of related offences and civil penalty provisions..... 65

69EBD.. Persons assisting inspectors.............................................................. 67

69EBE... Use of force in executing an investigation warrant............................ 67

Subdivision B—Powers of inspectors to ask questions and seek production of documents         68

69EC..... Inspector may ask questions and seek production of documents...... 68

69ECA.. Copying of documents...................................................................... 68

Division 3—Obligations and incidental powers of inspectors               69

69ED..... Consent............................................................................................. 69

69EDA.. Announcement before entry under warrant....................................... 69

69EDB.. Inspector to be in possession of warrant........................................... 70

69EDC.. Details of warrant etc. to be given to occupier................................... 70

69EDD.. Expert assistance to operate electronic equipment............................. 71

69EDE.. Compensation for damage to electronic equipment........................... 72

Division 4—Execution of an investigation warrant interrupted         74

69EE..... Completing execution of an investigation warrant after temporary cessation            74

69EEA.. Completing execution of an investigation warrant stopped by court order               75

Division 5—Occupier’s rights and responsibilities                                     76

69EF..... Occupier entitled to observe execution of warrant............................. 76

69EFA.. Occupier to provide inspector with facilities and assistance.............. 76

Division 6—General provisions relating to seizure                                    77

69EG..... Copies of seized things to be provided.............................................. 77

69EGA.. Receipts for seized things.................................................................. 77

69EGB.. Return of seized things...................................................................... 77

69EGC.. Magistrate may permit a thing to be kept........................................... 78

69EGD.. Disposal of things............................................................................. 79

Division 7—Applying for warrants etc.                                                            80

69EH..... Monitoring warrants......................................................................... 80

69EHA.. Investigation warrants....................................................................... 81

69EHB.. Warrants by telephone, fax etc.......................................................... 83

69EHC.. Authority of warrant......................................................................... 84

69EHD.. Offence relating to warrants by telephone, fax etc............................. 85

Division 8—Powers of magistrates                                                                     86

69EI...... Powers of issuing officers................................................................ 86

Part 7AB—Enforcement                                                                                                 87

Division 1—Civil penalty orders                                                                          87

Subdivision A—Obtaining a civil penalty order                                              87

69EJ...... Civil penalty orders........................................................................... 87

69EJA... Maximum penalties for contravention of civil penalty provisions..... 88

69EJB... Civil enforcement of penalty............................................................. 89

69EJC... Conduct contravening more than one civil penalty provision............ 89

69EJD... Multiple contraventions..................................................................... 89

69EJE.... Proceedings may be heard together................................................... 90

69EJF.... Civil evidence and procedure rules for civil penalty orders............... 90

69EJG... Contravening a civil penalty provision is not an offence................... 90

Subdivision B—Civil proceedings and criminal proceedings                      90

69EJH... Civil proceedings after criminal proceedings..................................... 90

69EJI..... Criminal proceedings during civil proceedings................................. 90

69EJJ.... Criminal proceedings after civil proceedings..................................... 91

69EJK... Evidence given in civil proceedings not admissible in criminal proceedings            91

Subdivision C—Miscellaneous                                                                              91

69EJL.... Continuing contraventions of civil penalty provisions...................... 91

69EJM.. Ancillary contravention of civil penalty provisions........................... 92

69EJN... Mistake of fact.................................................................................. 92

69EJO... State of mind..................................................................................... 93

69EJP.... Evidential burden for exceptions....................................................... 94

69EJQ... Liability of body corporate for actions by employees, agents or officers  94

69EJR... Liability of executive officers............................................................ 94

69EJS.... Establishing whether an executive officer took reasonable steps to prevent the contravention of a civil penalty provision.......................................................................................................... 95

Division 2—Infringement notices                                                                         96

69EK..... When an infringement notice may be given....................................... 96

69EKA.. Matters to be included in an infringement notice............................... 96

69EKB.. Extension of time to pay amount....................................................... 97

69EKC.. Withdrawal of an infringement notice............................................... 98

69EKD.. Effect of payment of amount............................................................. 99

69EKE... Effect of this Division..................................................................... 100

Division 3—Enforceable undertakings                                                            101

69EL..... Acceptance of undertakings............................................................ 101

69ELA.. Enforcement of undertakings.......................................................... 102

Division 4—Injunctions                                                                                           103

69EM.... Grant of injunctions........................................................................ 103

69EMA. Discharging or varying injunctions................................................. 104

69EMB. Certain limits on granting injunctions not to apply.......................... 104

69EMC. Other powers of a court unaffected................................................. 105

Division 5—Substantiation notices                                                                    106

69EN..... APVMA may require claims to be substantiated etc....................... 106

69ENA.. Compliance with substantiation notices........................................... 107

69ENB.. Failure to comply with substantiation notice................................... 107

Division 6—Formal warnings                                                                              109

69EO..... APVMA may issue a formal warning............................................ 109

Division 7—Miscellaneous                                                                                     110

69EP..... Hearings.......................................................................................... 110

69EQ..... Self‑incrimination to be a reasonable excuse for non‑compliance with requirement 111

69ER..... False or misleading information or document................................. 111

69ES..... Evidential certificates....................................................................... 112

69ET..... Forfeiture........................................................................................ 113

69EU..... Conduct by directors, employees and agents................................... 114

Part 7B—Modification of the Agvet Codes for the purpose of giving effect to paragraph 3 of Article 39 of the TRIPS Agreement                                                                           116

69EV..... Definitions...................................................................................... 116

69EW.... Modification of Agvet Codes.......................................................... 116

69EX..... Application of Part.......................................................................... 117

69EY..... APVMA not to grant current application except in certain circumstances                117

69EZ..... Approval given in contravention of section 69EY is not invalid but is to be cancelled             118

69EZA.. Power of APVMA to grant multiple approvals to be subject to section 69EY         118

69EZB... Power of APVMA to use information obtained by it for other purposes not to be affected     118

Part 8—Miscellaneous                                                                                                     119

69F........ Appointment of inspectors.............................................................. 119

69G....... Approval of analysts....................................................................... 120

69H....... Exemptions from liability for damages............................................ 120

69HA.... Protection of inspectors etc............................................................. 123

69J........ Documents or substances held by APVMA at commencement of Agvet Codes     123

70.......... Acts done by APVMA................................................................... 123

71.......... Delegation by Minister.................................................................... 124

72.......... Review of Agvet Scheme every 10 years........................................ 124

73.......... Regulations..................................................................................... 125

Part 9—Transitional provisions                                                                                126

74.......... Staff................................................................................................ 126

75.......... Transfers of certain assets to APVMA........................................... 126

76.......... Agreements etc.—Minister may make arrangements...................... 127

78.......... Money paid in advance to Commonwealth..................................... 127

79.......... Rights in respect of services and facilities formerly provided by Department          128

80.......... Delegations..................................................................................... 129

Endnotes                                                                                                                                  130

Endnote 1—About the endnotes                                                                          130

Endnote 2—Abbreviation key                                                                              131

Endnote 3—Legislation history                                                                           132

Endnote 4—Amendment history                                                                         138


An Act to establish an authority for the registration of agricultural and veterinary chemicals, and for related purposes

Part 1Preliminary

  

1  Short title

                   This Act may be cited as the Agricultural and Veterinary Chemicals (Administration) Act 1992.

2  Commencement

             (1)  Subject to subsection (2), this Act commences on a day to be fixed by Proclamation.

             (2)  If this Act does not commence under subsection (1) within the period of 6 months beginning on the day on which it receives the Royal Assent, it commences on the first day after the end of that period.

3  Object

                   The object of this Act is to establish a national registration authority to administer such laws of the Commonwealth or of the States and Territories relating to agricultural and veterinary chemical products as confer functions and powers on the Authority.

4  Interpretation

                   In this Act, unless the contrary intention appears:

Advisory Board means the Advisory Board of the APVMA established by section 14.

APVMA means the Australian Pesticides and Veterinary Medicines Authority continued in existence by section 6.

Board member means a member of the Advisory Board appointed in accordance with section 17 (including the Chair).

Chair means the Chair of the Advisory Board.

chemical product has the same meaning as in the Agvet Code of the participating Territories.

Chief Executive Officer means the Chief Executive Officer appointed in accordance with section 33.

civil penalty order has the meaning given by subsection 69EJ(4).

civil penalty provision means a provision declared by this Act or the Collection Act to be a civil penalty provision.

Collection Act means the Agricultural and Veterinary Chemical Products (Collection of Levy) Act 1994.

committee means a committee established under section 28.

confidential commercial information has the same meaning as in the Code set out in the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994.

copy, in relation to a warrant issued under section 69EH or 69EHA (or a form of warrant completed under subsection 69EHB(6)), includes:

                     (a)  a copy sent by fax or other electronic means; or

                     (b)  a copy of a copy so sent.

damage has the same meaning as in the Code set out in the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994.

data has the same meaning as in the Code set out in the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994.

evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.

evidential material means any of the following:

                     (a)  a thing with respect to which an offence against this Act or the Collection Act has been committed or is suspected, on reasonable grounds, to have been committed;

                     (b)  a thing with respect to which a civil penalty provision has been contravened or is suspected, on reasonable grounds, to have been contravened;

                     (c)  a thing that there are reasonable grounds for suspecting will afford evidence as to the commission of such an offence or contravention of such a civil penalty provision;

                     (d)  a thing that there are reasonable grounds for suspecting is intended to be used for the purpose of committing such an offence or contravening such a civil penalty provision.

executive officer of a body corporate means a person, by whatever name called and whether or not a director of the body, who is concerned in, or takes part in, the management of the body.

Finance Minister means the Minister who administers the Public Governance, Performance and Accountability Act 2013.

Gene Technology Regulator has the same meaning as in the Gene Technology Act 2000.

GM product has the same meaning as in the Gene Technology Act 2000.

industry means the agricultural and veterinary chemicals industry.

inspector means:

                     (a)  a person appointed as an inspector for the purposes of this Act under subsection 69F(1); or

                     (b)  a person to whom an authorisation referred to in subsection 69F(2) applies for the purposes of this Act.

investigation powers has the meaning given by sections 69EBA, 69EBB and 69EBC.

investigation warrant means:

                     (a)  a warrant issued under section 69EHA; or

                     (b)  a warrant signed by a magistrate under section 69EHB, being a warrant of the same kind as would have been issued under section 69EHA.

member of the staff, in relation to the APVMA, means:

                     (a)  a person referred to in subsection 45(1); or

                     (b)  a person whose services are made available to the APVMA under paragraph 46(1)(a) or under arrangements made under subsection 46(2).

monitoring powers has the meaning given by sections 69EAC, 69EAD and 69EAE.

monitoring warrant means:

                     (a)  a warrant issued under section 69EH; or

                     (b)  a warrant signed by a magistrate under section 69EHB, being a warrant of the same kind as would have been issued under section 69EH.

occupier has the same meaning as in the Code set out in the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994.

participating Territory has the same meaning as in the Agricultural and Veterinary Chemicals Act 1994.

person assisting an inspector:

                     (a)  in relation to the exercise of monitoring powers—has the meaning given by section 69EAF; and

                     (b)  in relation to the exercise of investigation powers—has the meaning given by section 69EBD.

premises has the same meaning as in the Code set out in the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994.

prescribed civil penalty provision means a civil penalty provision that is prescribed by the regulations.

relevant data means information relevant to determining whether:

                     (a)  this Act, or the Collection Act, has been, or is being, complied with; or

                     (b)  information provided under this Act, or the Collection Act, is correct; or

                     (c)  levy is payable under the Collection Act.

State includes the Northern Territory.

Territory does not include the Northern Territory.

warrant means a monitoring warrant or an investigation warrant.

5  Extension to external Territories

                   This Act extends to every external Territory that is a participating Territory.

5A  Application of the Criminal Code

                   Chapter 2 (other than Part 2.5) of the Criminal Code applies to all offences against this Act.

Note:          Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

Part 2Establishment, functions and powers of APVMA

  

6  Australian Pesticides and Veterinary Medicines Authority

                         The body known immediately before the commencement of this section as the National Registration Authority for Agricultural and Veterinary Chemicals is continued in existence with the new name, Australian Pesticides and Veterinary Medicines Authority.

7  Functions and powers

             (1)  The APVMA has any functions and powers that are conferred on it by or under this Act or the Agvet Code, or the Agvet Regulations, of the participating Territories.

          (1A)  The functions of the APVMA include the following:

                     (a)  to assess the suitability for sale in Australia of active constituents for proposed or existing chemical products, chemical products and labels for containers for chemical products;

                     (b)  to provide information to the Governments and authorities of the Commonwealth, the States and the participating Territories about approved active constituents for proposed or existing chemical products, registered chemical products, reserved chemical products and approved labels for containers for chemical products and to co‑operate with those Governments and authorities on matters relating to the management and control of chemical products;

                     (c)  to keep records and statistics of approvals and registrations granted, and permits and licences issued, by it under the Agvet Codes;

                     (d)  to evaluate the effects of the use of chemical products in the States and participating Territories;

                     (e)  to co‑operate with Governments and authorities of the Commonwealth, the States and the participating Territories for the purpose of facilitating a consistent approach to the assessment and control of chemicals;

                      (f)  in co‑operation with Governments and authorities of the Commonwealth, the States and the participating Territories, to develop codes of practice, standards and guidelines for, and to recommend precautions to be taken in connection with, the manufacture, export, import, sale, handling, possession, storage, disposal and use of chemical products in the States and participating Territories;

                     (g)  to collect, interpret, disseminate and publish information relating to chemical products and their use;

                     (h)  to encourage and facilitate the application and use of results of evaluation and testing of chemical products;

                      (i)  to exchange information relating to chemical products and their use with overseas and international bodies having functions similar to the APVMA’s functions;

                      (j)  when requested by the Minister, or on its own initiative, to report to or advise the Minister on any matter relating to chemical products or arising in the course of the performance of its functions;

                     (k)  to encourage and facilitate the introduction of uniform national procedures for control of the use of chemical products;

                      (l)  to fund, and co‑operate in, a program designed to ensure that active constituents for proposed or existing chemical products, chemical products, and labels for containers for chemical products, comply with the Agvet Codes and the Agvet Regulations.

          (1B)  Expressions used in subsection (1A) have the same meanings as in the Code set out in the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994.

          (1C)  The APVMA has any functions and powers that are conferred on it by Division 2A of Part 3 of the Food Standards Australia New Zealand Act 1991.

             (2)  The APVMA has any functions and powers that are expressed to be conferred on it by a law of a State.

             (3)  The APVMA has power to do all things necessary or convenient to be done in connection with the performance of its functions and, in particular, may:

                     (a)  enter into contracts; and

                     (b)  acquire, hold and dispose of real and personal property; and

                     (c)  occupy, use and control any land or building owned or held under lease by the Commonwealth, a State or a Territory and made available for the purposes of the APVMA; and

                     (d)  appoint agents and attorneys, and act as agent for other persons; and

                   (da)  make available to the public, either without charge or upon payment of a fee to the APVMA, manuals, reports, lists of requirements and other documents; and

                     (e)  do anything incidental to any of its powers.

             (4)  In the performance of its functions and the exercise of its powers, the APVMA is to have regard to the Commonwealth Government’s policy in relation to the principle of ecologically sustainable development and, in particular, to the need to use, conserve and enhance the community’s resources so that ecological processes, on which life depends, are maintained, and the total quality of life, now and in the future, can be increased.

7A  Annual publication of standards for certain residues of chemical products

             (1)  The APVMA must publish, in an appropriate manner, in each calendar year approved standards for residues of chemical products in protected commodities.

             (2)  In this section:

protected commodity has the same meaning as in the Agvet Code.

8  Consultation

             (1)  The APVMA, for the purpose of considering any matter, or obtaining information or advice, relating to the performance of its functions, may consult with persons or bodies, including:

                     (a)  persons or bodies involved in the industry; and

                     (b)  the Commonwealth Government or State Governments or Commonwealth or State authorities having functions relating to agricultural or veterinary chemicals; and

                   (ba)  a national regulatory authority of a foreign country that has national responsibility relating to the evaluation, registration or control of agricultural or veterinary chemical products; and

                     (c)  persons (including members of the scientific community) having a particular interest in matters associated with the industry; and

                     (d)  persons or bodies having a particular interest in the protection of the interests of consumers or in the protection of the environment.

          (1A)  If the matter that is being considered by the APVMA, or in respect of which the APVMA is seeking information or advice, relates to an active constituent for a proposed or existing chemical product, a chemical product, or a label for containers for a chemical product, the APVMA may make available to the person or body concerned:

                     (a)  information obtained by it with respect to the constituent, product or label; and

                     (b)  samples of the constituent, of any of the active constituents of the product, or of the product, or samples or copies of the label, as the case may be.

             (2)  The APVMA may:

                     (a)  pay travel expenses reasonably incurred by a person in connection with consultations by the APVMA; and

                     (b)  subject to written guidelines given to the APVMA by the Minister, pay expenses (other than travel expenses) reasonably incurred by a body or person in connection with consultations by the APVMA.

             (3)  To avoid doubt, the APVMA does not consult the Advisory Board for the purposes of this section when the Chief Executive Officer requests advice from the Board.

8A  Consultation with Gene Technology Regulator

             (1)  This section applies to the following:

                     (a)  an active constituent for a proposed or existing chemical product, being an active constituent that is or contains a GM product;

                     (b)  a proposed or existing chemical product that is or contains a GM product.

             (2)  The APVMA must consult the Gene Technology Regulator in accordance with this section for the purposes of the following:

                     (a)  deciding whether to grant an application under the Code in relation to any of the following:

                              (i)  approval of the active constituent;

                             (ii)  registration of the chemical product;

                            (iii)  approval of a label for containers for the chemical product;

                     (b)  deciding whether to grant an application under the Code in relation to a variation of any of the following:

                              (i)  the approval of the active constituent;

                             (ii)  the registration of the chemical product;

                            (iii)  the approval of a label for containers for the chemical product;

                            if the variation may affect the GM product;

                     (c)  reconsidering any of the following:

                              (i)  the approval of the active constituent;

                             (ii)  the registration of the chemical product;

                            (iii)  the approval of a label for containers for the chemical product;

                     (d)  deciding whether to issue a permit in respect of:

                              (i)  the active constituent; or

                             (ii)  the chemical product.

             (3)  If the APVMA is required to consult the Gene Technology Regulator under subsection (2), the APVMA must give written notice to the Gene Technology Regulator:

                     (a)  stating that the application has been made, the reconsideration is to be undertaken, or the issue of the permit is being considered; and

                     (b)  requesting the Gene Technology Regulator to give advice about the application, reconsideration, or issue.

             (4)  If the APVMA gives the Gene Technology Regulator a notice under subsection (3), the Gene Technology Regulator may give written advice to the APVMA about the application, reconsideration, or issue.

             (5)  The advice is to be given within the period specified in the notice.

             (6)  If the APVMA receives advice from the Gene Technology Regulator in response to a notice under this section within the period specified in the notice, the APVMA must:

                     (a)  ensure that the advice is taken into account in making a decision on the application, reconsideration, or issue to which the notice relates; and

                     (b)  inform the Gene Technology Regulator of the decision.

             (7)  Unless the contrary intention appears, expressions used in this section have the same meanings as in the Agricultural and Veterinary Chemicals Code Act 1994.

9  Agreements and arrangements

             (1)  The Minister, or a person authorised in writing by the Minister, may enter into an agreement or arrangement with a Minister of a State for the performance of functions or the exercise of powers by the APVMA as an agent of the State.

             (2)  The APVMA has such functions and powers as are referred to in such an agreement or arrangement.

9A  APVMA to comply with policies of Governments of Commonwealth, States and participating Territories

                   If there is an agreement in force between the Government of the Commonwealth and the Governments of all or any of the States and participating Territories for the purposes of this Act and the Agvet Codes, the APVMA must, in the performance of its functions and the exercise of its powers, comply with any policies of those Governments determined under the agreement.

10  Minister may give directions

             (1)  Subject to subsection (2), the Minister may give written directions to the APVMA concerning the performance of its functions or the exercise of its powers, and the APVMA must comply with any such direction.

             (2)  The Minister must not give a direction to the APVMA unless:

                     (a)  the Minister is satisfied that it is necessary to give the direction to the APVMA in order to ensure that, in performing its functions, or exercising its powers, the APVMA complies with policies referred to in section 9A; and

                     (b)  the Minister has given to the APVMA a written notice stating that the Minister is considering giving the direction; and

                     (c)  the Minister has given to the Chief Executive Officer an adequate opportunity to discuss with the Minister the need for the proposed direction.

             (3)  Subject to subsection (4), if the Minister gives a direction to the APVMA, the Minister must:

                     (a)  cause a notice setting out particulars of the direction to be published in the Gazette as soon as practicable after giving the direction; and

                     (b)  cause a copy of that notice to be laid before each House of the Parliament within 15 sitting days of that House after the publication of the notice in the Gazette.

             (4)  Subsection (3) does not apply in relation to a particular direction if the Minister determines, in writing, that compliance with the subsection is undesirable because it would, or would be likely to, be prejudicial to the national interest of Australia.

             (5)  A direction under subsection (1) is not a legislative instrument.

10A  Chief Executive Officer not subject to direction on certain matters

                   To avoid doubt, section 10 does not empower the Minister to direct the Chief Executive Officer in relation to the Chief Executive Officer’s performance of functions, or exercise of powers, under the Public Governance, Performance and Accountability Act 2013 or as an Agency Head under the Public Service Act 1999.

11  Delegation by APVMA

             (1)  The APVMA may, by writing under its common seal, delegate to:

                     (b)  a committee; or

                     (c)  a member of the staff of the APVMA; or

                     (d)  an authority of the Commonwealth; or

                     (e)  a person appointed or engaged under the Public Service Act 1999;

all or any of the APVMA’s powers and functions.

          (1A)  The APVMA may only delegate its powers under section 130 or section 131AA of the Code set out in the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994 to a member of staff who is an SES, or acting SES, employee.

             (2)  A delegate of the APVMA is, in the exercise of the delegate’s delegated powers and functions, subject to the APVMA’s directions.

Part 3Constitution of APVMA and Advisory Board

Division 1Constitution of APVMA

12  APVMA is body corporate etc.

             (1)  The APVMA:

                     (a)  is a body corporate with perpetual succession; and

                     (b)  is to have a common seal; and

                     (c)  may sue and be sued in its corporate name.

             (2)  The common seal of the APVMA must be kept in such custody as the APVMA directs and must not be used except as authorised by the APVMA.

             (3)  All courts, judges and persons acting judicially must take judicial notice of the imprint of the common seal of the APVMA appearing on a document and must presume that it was duly affixed.

13  Constitution of APVMA

             (1)  The APVMA consists of the Chief Executive Officer.

             (2)  The performance of a function or the exercise of a power of the APVMA is not affected by a vacancy in the office of the Chief Executive Officer.

Division 2The Advisory Board

14  Establishment

                   The Advisory Board of the APVMA is established by this section.

15  Membership

                   The Advisory Board consists of up to 9 Board members.

16  Function of Advisory Board

             (1)  The Advisory Board’s function is, either on its own initiative or at the request of the Chief Executive Officer, to provide advice and make recommendations to the Chief Executive Officer in relation to the performance of a function or the exercise of a power of the APVMA.

             (2)  The Advisory Board has power to do all things necessary or convenient to be done for or in connection with the performance of its function.

             (3)  To avoid doubt, the Advisory Board cannot give any directions to the Chief Executive Officer.

Division 3Appointment etc. of members of Advisory Board

17  Appointment

             (1)  A Board member is to be appointed by the Minister by written instrument, on a part‑time basis.

             (2)  When appointing Board members, the Minister must ensure that:

                     (a)  two Board members have experience in the regulation, under State or Territory law, of chemical products; and

                     (b)  one Board member has experience in the agricultural chemical industry; and

                     (c)  one Board member has experience in the veterinary chemical industry; and

                     (d)  one Board member has experience in primary production; and

                     (e)  one Board member has experience in environmental toxicology, including knowledge of the effect of chemicals in ecosystems; and

                      (f)  one Board member has experience in protecting consumer interests; and

                     (g)  one Board member has experience in public health and occupational health and safety; and

                     (h)  if the Minister considers it necessary—one Board member has experience in a field relevant to the APVMA’s functions.

             (3)  The Minister must appoint one of the Board members to be the Chair.

             (4)  The Minister must consult the Chief Executive Officer before appointing a person as a Board member or as the Chair.

             (5)  A person’s appointment as a Board member is not invalid because of a defect or irregularity in connection with the person’s appointment.

18  Term of appointment

                   A Board member holds office for the period specified in the instrument of appointment. The period must not exceed 3 years.

Note:          A Board member is eligible for reappointment: see section 33AA of the Acts Interpretation Act 1901.

19  Remuneration and allowances

             (1)  A Board member is to be paid such remuneration as is determined by the Remuneration Tribunal. If no determination of that remuneration is in operation, the Board member is to be paid such remuneration as is prescribed.

             (2)  A Board member is to be paid the allowances that are prescribed.

             (3)  If a person who is a Board member:

                     (a)  is a member of the Parliament of a State; or

                     (b)  is a candidate for election to the Parliament of a State and, under the law of the State, would not be eligible to be elected as a member of that Parliament if the person were entitled to remuneration or allowances under this Act; or

                     (c)  is in service or employment of a State, or of an authority of a State, on a full‑time basis; or

                     (d)  holds or performs the duties of an office or position established by or under a law of a State on a full‑time basis;

the person must not be paid remuneration or allowances under this Act, but is to be reimbursed the expenses that the person reasonably incurs in performing duties under this Act.

             (4)  This section has effect subject to the Remuneration Tribunal Act 1973.

             (5)  In this section:

Parliament of a State:

                     (a)  in relation to the Australian Capital Territory—means the Legislative Assembly for the Australian Capital Territory; or

                     (b)  in relation to the Northern Territory—means the Legislative Assembly of the Northern Territory.

State includes the Australian Capital Territory and the Northern Territory.

21  Leave of absence

             (1)  The Minister may grant leave of absence to the Chair on the terms and conditions that the Minister determines.

             (2)  The Chair may grant leave of absence to another Board member on the terms and conditions that the Chair determines.

22  Resignation

             (1)  A Board member may resign by giving to the Minister a signed notice of resignation.

             (2)  The Chair may resign his or her appointment as the Chair without resigning his or her appointment as a Board member.

23  Disclosure of interests

             (1)  A disclosure by a Board member under section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) must be made to:

                     (a)  the Minister; and

                     (b)  the Chief Executive Officer, if a meeting under section 26 of this Act is considering, or is about to consider, a matter to which the disclosure would be relevant.

             (2)  Subsection (1) applies in addition to any rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013.

             (3)  For the purposes of this Act and the Public Governance, Performance and Accountability Act 2013, the Board member is taken not to have complied with section 29 of that Act if the Board member does not comply with subsection (1) of this section.

24  Termination of appointment

                   The Minister may terminate the appointment of a Board member.

25  Terms and conditions of appointment not provided for by Act

                   A Board member holds office on such terms and conditions (if any) in relation to matters not provided for by this Act as are determined, in writing, by the Minister.

25A  Board members are officials of the APVMA

                   For the purposes of the Public Governance, Performance and Accountability Act 2013, a Board member is an official (within the meaning of that Act) of the APVMA.

Division 4Advisory Board procedures

26  Meetings between the Chief Executive Officer and the Advisory Board

Holding meetings

             (1)  The Chief Executive Officer must hold such meetings with the Advisory Board as are necessary for the efficient performance of the APVMA’s functions.

             (2)  Meetings are to be held at the times and places that the Chief Executive Officer determines.

Note:          Section 33B of the Acts Interpretation Act 1901 provides for participation in meetings by telephone, etc.

Presiding at meetings

             (3)  The Chief Executive Officer, or a person directed by the Chief Executive Officer, is to preside at meetings.

Procedure of meetings

             (4)  The Chief Executive Officer may determine the procedure to be followed at or in relation to meetings, including matters with respect to:

                     (a)  holding meetings; and

                     (b)  the quorum for meetings (including requirements that particular Board members be present); and

                     (c)  regulating the way in which meetings are conducted.

             (5)  The Chief Executive Officer must ensure that minutes of meetings are kept.

Attendance by the Secretary

             (6)  The Secretary, or a person authorised by the Secretary, may attend meetings.

Attendance by non‑Board members

             (7)  The Chief Executive Officer may invite a person, other than a Board member or the Secretary, to attend a meeting for the purpose of advising or informing it on any matter and may pay expenses incurred by the person in attending the meeting.

             (8)  The minutes of a meeting under this section must record:

                     (a)  any disclosure referred to in paragraph 23(1)(b) relevant to a matter considered, or about to be considered, at the meeting; and

                     (b)  any decision made by the Chief Executive Officer in relation to the disclosure.

Hearings held by the APVMA

           (10)  Subsections (1) to (4) apply to a hearing held by the APVMA as if it were a meeting held by the Chief Executive Officer with the Advisory Board.

27  Meetings of the Advisory Board

Holding meetings

             (1)  The Chair of the Advisory Board may hold such meetings of the Advisory Board as are necessary for the efficient performance of the Advisory Board’s function.

Procedure of meetings

             (2)  Subject to subsection (4), the Chief Executive Officer may, by writing, determine matters relating to the operation of the Advisory Board.

             (3)  Subject to subsection (4), if no determination is in force for the purposes of subsection (2), the Advisory Board may operate in the way it determines.

             (4)  The Chair must ensure that minutes of meetings are kept.

Attendance by Chief Executive Officer

             (7)  The Chair of the Advisory Board may invite the Chief Executive Officer to attend all or part of an Advisory Board meeting.

Determination not a legislative instrument

             (8)  A determination made under subsection (2) is not a legislative instrument.

Division 5Committees

28  Establishment of committees

             (1)  The APVMA may establish committees to assist it in the performance of its functions and the exercise of its powers, and may abolish any such committee.

             (2)  A committee is to consist of such persons (whether Board members or not) as the APVMA determines.

29  Meetings of committees

             (1)  The APVMA may determine:

                     (a)  the manner in which a committee is to perform its functions; and

                     (b)  the procedure to be followed at or in relation to the meetings of a committee, including matters with respect to:

                              (i)  the convening of meetings; and

                             (ii)  the number of members of the committee who are to form a quorum; and

                            (iii)  the selection of a member of the committee to be the Chairperson of the committee; and

                            (iv)  the manner in which questions arising at a meeting are to be decided.

             (2)  If a member of a committee has a direct or indirect financial interest in a matter being considered, or about to be considered, by the committee, the member must, as soon as practicable after the member becomes aware of the relevant facts, disclose the nature of the interest at a meeting of the committee.

             (3)  A disclosure under subsection (2) must be recorded in the minutes of the meeting and the member must not, unless the APVMA otherwise determines:

                     (a)  be present during any deliberation of the committee with respect to that matter; or

                     (b)  take part in any decision of the committee with respect to that matter.

29A  Remuneration and allowances of committee members

             (1)  A member of a committee (other than a Board member) is to be paid such remuneration as is determined by the Remuneration Tribunal but, if no determination is in operation, the member is to be paid such remuneration as is prescribed.

             (2)  A member of a committee (other than a Board member) is to be paid such allowances as are prescribed.

             (3)  If a person who is a member of a committee:

                     (a)  is a member of the Parliament of a State; or

                     (b)  is a candidate for election to the Parliament of a State and, under the law of the State, would not be eligible to be elected as a member of that Parliament if the person were entitled to remuneration or allowances under this Act; or

                     (c)  is in service or employment of a State, or of an authority of a State, on a full‑time basis; or

                     (d)  holds or performs the duties of an office or position established by or under a law of a State on a full‑time basis;

the person must not be paid remuneration or allowances under this Act, but is to be reimbursed the expenses that the person reasonably incurs in performing duties under this Act.

             (4)  This section has effect subject to the Remuneration Tribunal Act 1973.

             (5)  In this section:

Parliament of a State:

                     (a)  in relation to the Australian Capital Territory—means the Legislative Assembly for the Australian Capital Territory; or

                     (b)  in relation to the Northern Territory—means the Legislative Assembly of the Northern Territory.

State includes the Australian Capital Territory and the Northern Territory.

30  Arrangements relating to staff etc.

                   The Chairperson of a committee is to arrange with the Chief Executive Officer for the services of employees of, and consultants to, the APVMA, and for facilities of the APVMA, to be made available to the committee.

Part 4Chief Executive Officer

  

31  Chief Executive Officer

                   There is to be a Chief Executive Officer of the APVMA.

32  Duties

             (1)  The Chief Executive Officer is to manage the affairs of the APVMA and in doing so, may exercise any of the powers and perform any of the functions of the APVMA.

             (3)  All acts and things done in the name of, or on behalf of, the APVMA by the Chief Executive Officer are taken to have been done by the APVMA.

32A  Working with the Advisory Board

             (1)  In managing the affairs of the APVMA, the Chief Executive Officer must have regard to the advice and recommendations given to him or her by the Advisory Board (whether or not the advice and recommendations were given in response to a request).

             (2)  The Chief Executive Officer must:

                     (a)  keep the Advisory Board informed of the performance of the APVMA’s functions; and

                     (b)  give the Advisory Board such reports, documents and information in relation to the APVMA’s functions as the Chair of the Advisory Board requires for the performance of the Advisory Board’s function.

             (3)  The Chief Executive Officer may attend Advisory Board meetings if invited by the Chair of the Advisory Board to do so.

33  Appointment

             (1)  The Chief Executive Officer is to be appointed by the Minister by written instrument, on a full‑time basis.

             (2)  A Board member is not eligible for appointment as the Chief Executive Officer.

             (3)  The appointment of a person as Chief Executive Officer is not invalid because of a defect or irregularity in connection with the person’s appointment.

34  Term of appointment

                   The Chief Executive Officer holds office for such period not exceeding 5 years as is agreed in writing between the Minister and the Chief Executive Officer, but is eligible for re‑appointment.

35  Remuneration and allowances

             (1)  The Chief Executive Officer is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the Chief Executive Officer is to be paid the remuneration that is determined by the Minister in writing.

             (2)  The Chief Executive Officer is to be paid the allowances that are determined by the Minister in writing.

             (3)  Subsections (1) and (2) have effect subject to the Remuneration Tribunal Act 1973.

37  Terms and conditions of appointment

                   The Chief Executive Officer holds office on such terms and conditions in relation to matters not provided for by this Act as are determined by the Minister in writing.

38  Chief Executive Officer not to engage in other paid employment

                   The Chief Executive Officer must not engage in paid employment outside the duties of his or her office except with the approval of the Minister.

39  Leave of absence for recreation

                   The Chief Executive Officer has such recreation leave entitlements as are determined by the Remuneration Tribunal.

40  Leave of absence for other purposes

                   The Minister may grant to the Chief Executive Officer leave of absence, other than recreation leave, on such terms and conditions as to remuneration or otherwise as the Minister determines in writing.

41  Resignation

                   The Chief Executive Officer may resign by giving to the Minister a signed notice of resignation.

41A  Termination of appointment

                   The Minister may terminate the appointment of the Chief Executive Officer:

                     (a)  for misbehaviour or physical or mental incapacity; or

                     (b)  if the Chief Executive Officer:

                              (i)  becomes bankrupt; or

                             (ii)  applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or

                            (iii)  compounds with his or her creditors; or

                            (iv)  makes an assignment of his or her remuneration for the benefit of his or her creditors; or

                     (c)  if the Chief Executive Officer is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or

                     (d)  if the Chief Executive Officer engages, except with the Minister’s approval, in paid employment outside the duties of his or her office; or

                     (e)  if the Chief Executive Officer fails, without reasonable excuse, to comply with subsection 42(1); or

                      (f)  if the Minister is satisfied that the Chief Executive Officer’s performance has been unsatisfactory.

Note:          The appointment of the Chief Executive Officer may also be terminated under section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials).

42  Disclosure of interests

             (1)  The Chief Executive Officer must give written notice to the Minister of all direct or indirect financial interests that the Chief Executive Officer has or acquires in any business or in any body corporate carrying on any business.

             (2)  Subsection (1) applies in addition to section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests).

43  Acting Chief Executive Officer

             (1)  The Minister may appoint a person to act as Chief Executive Officer:

                     (a)  during a vacancy in the office of Chief Executive Officer, whether or not an appointment has previously been made to that office; or

                     (b)  during any period, or during all periods, when the Chief Executive Officer is absent from duty or from Australia or is, for any other reason, unable to perform the duties of the office of Chief Executive Officer.

Note:          For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

             (4)  Unless the contrary intention appears, a reference in this Act other than this section, to the Chief Executive Officer is taken, if a person is acting as Chief Executive Officer, to be a reference to the person so acting.

44  Delegation by the Chief Executive Officer

                   The Chief Executive Officer may, by signed writing, delegate to a member of the staff of the APVMA all or any of the powers and functions of the Chief Executive Officer under this Act including, to avoid doubt, any powers and functions of the Chief Executive Officer under subsection 32(1).

Part 5Staff and consultants

  

45  Staff

             (1)  The staff of the APVMA are to be persons engaged under the Public Service Act 1999.

             (2)  For the purposes of the Public Service Act 1999:

                     (a)  the Chief Executive Officer and the staff of the APVMA together constitute a Statutory Agency; and

                     (b)  the Chief Executive Officer is the Head of that Statutory Agency.

46  Staff to be made available to the APVMA

             (1)  The APVMA is to be assisted by:

                     (a)  officers and employees of Agencies (within the meaning of the Public Service Act 1999), and of authorities of the Commonwealth, whose services are made available to the APVMA in connection with the performance or exercise of any of its functions or powers; and

                     (b)  persons whose services are so made available under arrangements made under subsection (2).

             (2)  The APVMA may make an arrangement with:

                     (a)  the appropriate authority or officer of:

                              (i)  the Government of a State or Territory or of a foreign country; or

                             (ii)  an authority of such a Government; or

                            (iii)  an organisation; or

                     (b)  another person;

under which the Government, authority, organisation or person may make officers or employees available to the APVMA to perform services in connection with the performance or exercise of any of its functions or powers.

             (3)  In the performance of services for the APVMA under this section, a person is subject to the directions of the Chief Executive Officer.

47  Consultants

             (1)  The APVMA may engage persons having suitable qualifications and experience as consultants to the APVMA.

             (2)  The terms and conditions of engagement are to be determined by the APVMA.

Part 6Corporate and annual operational plans

  

51  Approval of corporate plan

             (1)  The Chief Executive Officer must give a corporate plan, prepared under section 35 of the Public Governance, Performance and Accountability Act 2013, to the Minister for approval on or before:

                     (a)  1 June in each calendar year; or

                     (b)  a later day in a particular calendar year, as allowed by the Minister;

unless the Minister determines otherwise.

             (2)  The plan comes into force on the later of:

                     (a)  if approval is required under subsection (1)—the day it is approved by the Minister; and

                     (b)  the first day of the period to which it relates.

             (3)  Subsection 35(3) of the Public Governance, Performance and Accountability Act 2013 (which deals with the Australian Government’s key priorities and objectives) does not apply to a corporate plan prepared by the Chief Executive Officer.

52  Variation of corporate plan

             (1)  The Chief Executive Officer may, at any time, review a corporate plan and consider whether a variation to the plan is necessary.

             (2)  The Chief Executive Officer must, if requested by the Minister, vary a corporate plan and give the variation to the Minister for approval.

             (3)  The Chief Executive Officer may, with the approval of the Minister, vary a corporate plan.

             (4)  A variation of a plan already in force takes effect on the day the variation is approved.

             (5)  Despite subsection (3), the Minister’s approval is not required for a minor variation of the plan. A minor variation of a plan already in force takes effect on the day the variation is made.

55  Development of annual operational plan

             (1)  The Chief Executive Officer must, on or before 1 June (or such later day as the Minister in a particular calendar year allows) in each calendar year, give to the Minister an annual operational plan relating to the period of 12 months beginning on 1 July in that calendar year.

             (2)  An annual operational plan must:

                     (a)  set out particulars of the action that the APVMA intends to take in order to give effect to, or further, during the period to which the plan relates, the objectives set out in the corporate plan applicable to the period; and

                     (b)  include such performance indicators as the Chief Executive Officer considers appropriate against which the APVMA’s performance can be assessed during the period to which the plan relates; and

                     (c)  include such other information (if any) as is prescribed by the regulations.

56  Approval of annual operational plan

             (1)  The Minister may, by written notice given to the Chief Executive Officer:

                     (a)  approve an annual operational plan; or

                     (b)  if the Minister thinks that the plan is inconsistent with the provisions of the relevant corporate plan—request the Chief Executive Officer to revise the annual operational plan appropriately.

             (2)  If the Minister makes a request under paragraph (1)(b), the Minister is to set out the reasons for the request in the notice.

             (3)  The Chief Executive Officer must consider a request under paragraph (1)(b) and the statement of reasons, make such revision of the annual operational plan as he or she considers appropriate and submit the revised plan to the Minister for approval.

             (4)  An annual operational plan comes into force:

                     (a)  at the beginning of the period to which the plan relates; or

                     (b)  on the day on which the Chief Executive Officer receives written notice of the Minister’s approval;

whichever is the later.

57  Variation of annual operational plan

             (1)  Section 52 applies to annual operational plans in the same way as it applies to corporate plans.

             (2)  When submitting to the Minister proposals for variation of a corporate plan, the Chief Executive Officer must also submit to the Minister proposals for any consequential variations of a relevant annual operational plan.

Part 7Finance and reporting requirements

Division 1Finance

58  Money payable to the APVMA

             (1)  The Commonwealth must pay to the APVMA amounts equal to:

                     (a)  such money as is appropriated by the Parliament for the purposes of the APVMA; and

                     (b)  fees received by the Commonwealth under this Act, the Agvet Codes or the Agvet Regulations; and

                     (c)  any amounts of levy, late payment penalty or understatement penalty paid to the Commonwealth under any Act providing for the collection of a levy imposed in respect of the disposal of chemical products; and

                     (d)  any amounts paid by a State or a participating Territory to the Commonwealth for the purposes of the APVMA.

             (2)  The Finance Minister may give directions about the amounts in which, and the times at which, money payable under paragraph (1)(a) is to be paid to the APVMA.

             (3)  If a direction under subsection (2) is given in writing, the direction is not a legislative instrument.

             (4)  If an amount referred to in any of paragraphs (1)(b) to (d) is refunded by the Commonwealth, the APVMA must pay to the Commonwealth an amount equal to the refund.

             (5)  The Minister may, on behalf of the Commonwealth, set off an amount payable by the APVMA under subsection (4) against an amount that is payable to the APVMA under subsection (1).

             (6)  Amounts payable under paragraphs (1)(b) to (d) are to be paid out of the Consolidated Revenue Fund, which is appropriated accordingly.

             (7)  In this section:

Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.

59  Application of money by the APVMA

             (1)  The money of the APVMA is to be applied only:

                     (a)  in payment or discharge of the costs, expenses and other obligations incurred by the APVMA in the performance of its functions and the exercise of its powers; and

                     (b)  in payment of any remuneration or allowances payable under this Act; and

                     (c)  in making any other payments that the APVMA is authorised or required to make by or under any law of the Commonwealth, a State or a Territory that confers functions or powers on the APVMA.

             (2)  Subsection (1) does not prevent investment, under section 59 of the Public Governance, Performance and Accountability Act 2013, of money that is not immediately required for the purposes of the APVMA.

Division 2Reporting requirements

61  Annual report

                   The annual report prepared by the Chief Executive Officer and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include particulars of:

                     (a)  an assessment of the extent to which the APVMA’s operations during that period have contributed to the objectives set out in the annual operational plan for that period; and

                     (b)  an evaluation of the APVMA’s overall performance during that period against:

                              (i)  the performance indicators set out in the annual operational plan for that period; and

                             (ii)  the performance indicators (if any) prescribed by the regulations for the purposes of this subparagraph; and

                     (c)  any exercise of powers under section 131AA of the Code set out in the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994 during that period; and

                     (d)  variations (if any) of the annual operational plan taking effect during that period; and

                     (e)  significant purchases and disposals of real property by the APVMA during that period; and

                      (f)  any directions given to the APVMA by the Minister during that period to which subsection 10(3) applies and the impact of the directions on the operations of the APVMA.

Division 3Exemption from taxation

62  Exemption from taxation

                   The APVMA is not subject to taxation under the laws of the Commonwealth or of a State or Territory.

Note:          Despite this section, the APVMA may be subject to taxation under certain laws. See, for example, section 177‑5 of the A New Tax System (Goods and Services Tax) Act 1999.

Part 7AImportation, manufacture and exportation of chemicals

Division 1Interpretation

69A  Interpretation

                   Unless the contrary intention appears, expressions used in this Part have the same meanings as in the Code set out in the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994.

Division 2Importation, manufacture and exportation

Subdivision AImportation

69B  Importation offence

             (1)  A person must not:

                     (a)  import into Australia:

                              (i)  an active constituent for a proposed or existing chemical product that is neither an approved active constituent nor an exempt active constituent; or

                             (ii)  a chemical product that is not a registered chemical product, a reserved chemical product or an exempt chemical product; or

                     (b)  arrange for the importation into Australia, on behalf of another person who, at the time of the arrangements, is neither a resident of, nor carrying on business in, Australia, of such an active constituent or chemical product.

       (1AA)  A person commits an offence if the person contravenes subsection (1).

Penalty:  300 penalty units.

          (1A)  Subsection (1AA) does not apply if the person has a reasonable excuse.

Note:          The defendant bears an evidential burden in relation to the matter in subsection (1A). See subsection 13.3(3) of the Criminal Code.

          (1B)  Subsection (1AA) does not apply if the person has the APVMA’s written consent.

Note:          The defendant bears an evidential burden in relation to the matter in subsection (1B). See subsection 13.3(3) of the Criminal Code.

          (1C)  For the purposes of subsection (1AA), strict liability applies to the physical element of circumstance in subparagraph (1)(a)(i), that the active constituent is neither an approved active constituent nor an exempt active constituent.

Note:          For strict liability, see section 6.1 of the Criminal Code.

          (1D)  For the purposes of subsection (1AA), strict liability applies to the physical element of circumstance in subparagraph (1)(a)(ii), that the chemical product is neither a registered chemical product nor an exempt chemical product.

Note:          For strict liability, see section 6.1 of the Criminal Code.

          (1E)  Subsection (1) is a civil penalty provision.

Note 1:       Part 7AB provides for pecuniary penalties for contraventions of civil penalty provisions.

Note 2:       For the evidential burden in civil penalty proceedings in relation to the matters in subsection (1B), see section 69EJP.

             (2)  In subsection (1):

exempt active constituent means an active constituent that is exempted by the APVMA from the operation of that subsection.

exempt chemical product means a chemical product that is exempted by the APVMA from the operation of that subsection.

             (3)  The APVMA may, by writing, exempt an active constituent for a proposed or existing chemical product, or exempt a chemical product, from the operation of subsection (1).

          (3A)  A consent given under subsection (1B) may be subject to any conditions that the APVMA thinks appropriate.

          (3B)  The APVMA may impose a condition, by writing, on a consent at any time while the consent is in force.

             (4)  If:

                     (a)  the importation of an active constituent for a proposed or existing chemical product, or of a chemical product, is prohibited under subsection (1); and

                     (b)  the APVMA notifies the Comptroller‑General of Customs (within the meaning of the Customs Act 1901) in writing that the APVMA wishes the Customs Act 1901 to apply to that importation;

the Customs Act 1901 has effect as if the constituent or product included in that importation were goods described as forfeited to the Crown under section 229 of that Act because they were prohibited imports within the meaning of that Act.

Subdivision BProvision of information

69CA  Providing information about certain chemical products etc. to comply with international agreements

Regulations may prescribe international agreements

             (1)  The regulations may prescribe an international agreement or arrangement for the purposes of this section.

Regulations may prescribe information about import etc. of certain chemicals

             (2)  For the purposes of complying with a prescribed agreement or arrangement, the regulations may prescribe the following information in respect of a prescribed active constituent for a proposed or existing chemical product, or a prescribed chemical product:

                     (a)  information about the import of the constituent or product into Australia;

                     (b)  information about the manufacture or use of the constituent or product in Australia;

                     (c)  information about other dealings with the constituent or product in Australia;

                     (d)  information about the export of the constituent or product from Australia.

             (3)  For each constituent or product, the regulations must identify the relevant international agreement or arrangement.

A person must provide prescribed information about prescribed constituents or products

             (4)  A person must provide any relevant prescribed information in respect of a prescribed constituent or product if the person imports, manufactures, uses, deals with or exports the constituent or product.

Note 1:       A person who fails to provide the information or who provides false or misleading information may commit an offence against section 69CD.

Note 2:       Section 69C might prohibit or restrict the import, manufacture, use, dealing or export of a prescribed constituent or product.

             (5)  The information must be provided to the relevant agency in an approved form within the period prescribed for the constituent or product in the regulations.

Commencement of regulations

             (6)  A regulation made for the purposes of this section in respect of a constituent or product may be expressed to come into force when the relevant international agreement or arrangement enters into force for Australia, but must not be expressed to come into force before that time.

69CB  Providing information about certain chemical products etc. under international consideration

Regulations may prescribe constituents and products

             (1)  The regulations may prescribe the following active constituents for a proposed or existing chemical product, or the following chemical products, for the purposes of this section:

                     (a)  a constituent or product that is the subject of an international agreement or arrangement that has not entered into force for Australia;

                     (b)  a constituent or product that is the subject of consideration:

                              (i)  by an international organisation, or by an organ of or a body established by an international organisation, or by Australia together with any other country; and

                             (ii)  in relation to an international agreement or arrangement (including one that has not entered into force for Australia) or in relation to negotiations for an international agreement or arrangement.

Regulations may prescribe information about import etc. of such constituents or products

             (2)  The regulations may prescribe the following information in respect of a prescribed constituent or product:

                     (a)  information about the import of the constituent or product into Australia;

                     (b)  information about the manufacture or use of the constituent or product in Australia;

                     (c)  information about other dealings with the constituent or product in Australia;

                     (d)  information about the export of the constituent or product from Australia.

Constitutional basis for this section

             (3)  The reference in paragraphs (2)(b) and (c) to the manufacture or use of, or other dealings with, a constituent or product in Australia is confined to the following:

                     (a)  the manufacture or use of, or other dealings with, the constituent or product in Australia by trading corporations formed within the limits of the Commonwealth, or foreign corporations, within the meaning of paragraph 51(xx) of the Constitution;

                     (b)  the manufacture or use of, or other dealings with, the constituent or product in Australia for supply in the course of trade and commerce:

                              (i)  with other countries; or

                             (ii)  among the States; or

                            (iii)  within a Territory; or

                            (iv)  between a State and a Territory or between 2 Territories;

                     (c)  the manufacture or use of, or other dealings with, the constituent or product in Australia for supply to, or to an authority or instrumentality of, the Commonwealth or a Territory;

                     (d)  the manufacture or use of, or other dealings with, the constituent or product in a Territory.

A person must provide prescribed information about prescribed constituents or products

             (4)  A person must provide any relevant prescribed information in respect of a prescribed constituent or product if the person imports, manufactures, uses, deals with or exports the constituent or product in the circumstances mentioned in subsection (3).

Note:          A person who fails to provide the information or who provides false or misleading information may commit an offence against section 69CD.

             (5)  The information must be provided to the relevant agency in an approved form within the period prescribed for the constituent or product in the regulations.

69CC  Relevant agency to provide information to other countries

             (1)  A relevant agency may inform a country, the appropriate authority of a country or a relevant international organisation regarding the following:

                     (a)  the movements into or out of Australia of an active constituent or chemical product prescribed in regulations made under section 69CA or 69CB;

                     (b)  the manufacture or use of such a constituent or product in Australia;

                     (c)  any other dealing with such a constituent or product in Australia.

             (2)  A relevant agency may provide the information in such terms and on such conditions as the agency thinks fit, having regard to:

                     (a)  the terms of any relevant international agreement or arrangement; and

                     (b)  the interest of any person in maintaining confidentiality in relation to movements, manufacture or use of, or other dealings with, the constituent or product.

69CD  Contraventions relating to providing information under sections 69CA and 69CB

Offence for failing to provide information

             (1)  A person commits an offence if:

                     (a)  the person is required to provide information under section 69CA or 69CB; and

                     (b)  the person fails to provide the information under that section.

Penalty:  50 penalty units.

             (2)  In subsection (1), strict liability applies to the physical element of circumstance that the information is required to be provided under section 69CA or 69CB.

Note:          For strict liability, see section 6.1 of the Criminal Code.

Civil penalty provision

          (2A)  A person contravenes this subsection if:

                     (a)  the person is required to provide information under section 69CA or 69CB; and

                     (b)  the person fails to provide the information under that section.

          (2B)  Subsection (2A) is a civil penalty provision.

Note:          Part 7AB provides for pecuniary penalties for contraventions of civil penalty provisions.

Offence for false or misleading information

             (3)  A person commits an offence if:

                     (a)  the person provides information (whether orally or in writing) to a relevant agency under section 69CA or 69CB; and

                     (b)  the person knows that the information is false or misleading in a material particular; and

                     (c)  the information is provided:

                              (i)  without the person indicating to the agency that it is false or misleading; and

                             (ii)  without the person indicating how it is false or misleading; and

                            (iii)  without the person providing to the agency correct information that the person possesses or can reasonably acquire.

Penalty:  300 penalty units.

             (4)  The fault element for paragraph (3)(c) is recklessness.

Note:          For recklessness, see section 5.4 of the Criminal Code.

             (5)  In subsection (3), strict liability applies to the physical element of circumstance that the information is provided under section 69CA or 69CB.

Note:          For strict liability, see section 6.1 of the Criminal Code.

Subdivision CChemical products etc. subject to international agreements

69C  Prohibition on import, manufacture, use or export of certain chemical products etc. under international agreements

Regulations may prohibit import etc. of certain chemical products under international agreements

             (1)  If an active constituent for a proposed or existing chemical product, or a chemical product, is the subject of an international agreement or arrangement prescribed for the purposes of this section, the regulations may prohibit any one or more of the following:

                     (a)  the import of the constituent or product into Australia;

                     (b)  the manufacture or use of the constituent or product in Australia;

                     (c)  any other dealing with the constituent or product in Australia;

                     (d)  the export of the constituent or product from Australia.

The prohibition may be either absolute or subject to such conditions or restrictions as are prescribed.

Requirements for making regulations

             (2)  A regulation prescribing conditions or restrictions for the purposes of subsection (1) must not be made unless:

                     (a)  a relevant agency has published in the Gazette, and in any other manner that it thinks appropriate, a notice:

                              (i)  identifying the agreement or arrangement; and

                             (ii)  listing the name or names by which the constituent or product is known to the public; and

                     (b)  a period of 30 days has elapsed since the notice was published.

          (2A)  A regulation made for the purposes of subsection (1) in respect of a constituent or product may be expressed to come into force when the relevant international agreement or arrangement enters into force for Australia, but must not be expressed to come into force before that time.

Offence for contravening conditions or restrictions

             (5)  A person must not import, manufacture, use, deal with or export an active constituent for a proposed or existing chemical product, or a chemical product, in contravention of a condition or restriction prescribed by a regulation made for the purposes of subsection (1).

Penalty:  300 penalty units.

          (5A)  Subsection (5) does not apply if the person has a reasonable excuse.

Note:          The defendant bears an evidential burden in relation to the matter in subsection (5A). See subsection 13.3(3) of the Criminal Code.

          (5B)  In subsection (5), strict liability applies to the physical element of circumstance, that the condition or restriction that the conduct contravenes is a condition or restriction prescribed by a regulation made for the purposes of subsection (1).

Note:          For strict liability, see section 6.1 of the Criminal Code.

Subdivision DExportation

69D  Export of chemical products

             (1)  The APVMA may, upon the written application of a person wishing to export a chemical product to a foreign country and upon payment of the prescribed fee (if any), give to the person or to the government of that country or to any authority of that country named by the person, a certificate setting out the findings (if any) of the APVMA in relation to any matters relating to the chemical product that are required to be established for the purposes of its export.

          (1A)  If the APVMA refuses to give a certificate under subsection (1), it must:

                     (a)  give written notice of its refusal to the person who applied for the certificate; and

                     (b)  include in the notice the reasons for the refusal.

          (1B)  Application may be made to the Administrative Appeals Tribunal for review of a decision of the APVMA refusing to give a certificate under subsection (1).

          (1C)  A notice given under subsection (1A) must include a statement to the effect that:

                     (a)  subject to the Administrative Appeals Tribunal Act 1975, application may be made by or on behalf of a person whose interests are affected by the decision to the Administrative Appeals Tribunal for a review of the decision to which the notice relates; and

                     (b)  unless subsection 28(4) of that Act applies, application may be made in accordance with section 28 of that Act by or on behalf of a person whose interests are affected by the decision for a statement in writing setting out the findings on material questions of fact, referring to the evidence or other material on which those findings were based and giving the reasons for the decision.

          (1D)  A failure to comply with subsection (1C) in relation to a decision does not affect the validity of the decision.

             (2)  If the APVMA becomes aware that a chemical product:

                     (a)  in respect of which an application for registration has been refused; or

                     (b)  the registration of which has been suspended or cancelled; or

                     (c)  the registration of which is subject to conditions significantly limiting the use of the product;

is proposed to be exported to a foreign country, the APVMA may, on its own initiative, tell a body established in that country and having functions similar to its own functions that the application has been so refused, that the registration has been so suspended or cancelled or that the registration of the product has been made subject to those conditions, as the case may be, and the reasons for that refusal, suspension, cancellation or imposition of conditions.

Subdivision EMiscellaneous

69E  Annual returns

             (1)  Subject to subsection (2), a person who imports into, manufactures in, or exports from, Australia:

                     (a)  active constituents for proposed or existing chemical products; or

                     (b)  chemical products;

during the year ending on 30 June 1995 or a later year must give to the APVMA, not later than 3 months after the end of the year concerned, a return setting out the respective quantities of those active constituents, or of the active constituents contained in those products, as the case may be, that were so imported, manufactured or exported during that year.

             (2)  Subsection (1) does not apply:

                     (a)  in relation to an active constituent or chemical product prescribed by the regulations; or

                     (b)  to a person in respect of a particular year ending on 30 June if the total quantity of the active constituents that were, or were included in chemical products that were, imported, manufactured or exported by the person during that year was not greater than a quantity prescribed by the regulations for the purposes of this section.

          (2A)  A person commits an offence of strict liability if the person contravenes subsection (1).

Penalty:  50 penalty units.

Note 1:       For strict liability, see section 6.1 of the Criminal Code.

Note 2:       A defendant bears an evidential burden in relation to the matters in subsection (2). See subsection 13.3(3) of the Criminal Code.

          (2B)  Subsection (1) is a civil penalty provision.

Note 1:       Part 7AB provides for pecuniary penalties for contraventions of civil penalty provisions.

Note 2:       For the evidential burden in civil penalty proceedings in relation to the matters in subsection (2), see section 69EJP.

             (3)  From the returns given to the APVMA in relation to a year ending on 30 June, the APVMA must prepare a statement or statements setting out the total quantities of each active constituent that were imported into, manufactured in, or exported from, Australia by all persons during the year and give the statement or statements to the Department.

69EA  Keeping of records

Records relating to compliance with sections 69B, 69C and 69E

             (1)  A person who imports into, manufactures in, or exports from, Australia an active constituent for a proposed or existing chemical product, or a chemical product, must:

                     (a)  keep any records relating to the importation, manufacture or exportation that are reasonably necessary to enable the APVMA to find out whether sections 69B, 69C and 69E have been complied with; and

                     (b)  retain those records for 6 years.

       (1AA)  A person commits an offence of strict liability if the person contravenes subsection (1).

Penalty:  50 penalty units.

Note:          For strict liability, see section 6.1 of the Criminal Code.

       (1AB)  Subsection (1) is a civil penalty provision.

Note:          Part 7AB provides for pecuniary penalties for contraventions of civil penalty provisions.

Records relating to import etc. of chemical products prescribed under section 69CA, 69CB or 69C

          (1A)  A person who imports into Australia, manufactures, uses or deals with in Australia, or exports from Australia, an active constituent or chemical product prescribed in regulations made under section 69CA, 69CB or 69C must:

                     (a)  keep any records relating to the import, manufacture, use, dealing or export that are reasonably necessary to enable the Department to find out whether those sections have been complied with; and

                     (b)  retain those records for 6 years.

             (2)  A person commits an offence of strict liability if the person contravenes subsection (1A).

Penalty:  50 penalty units.

Note:          For strict liability, see section 6.1 of the Criminal Code.

             (3)  Subsection (1A) is a civil penalty provision.

Note:          Part 7AB provides for pecuniary penalties for contraventions of civil penalty provisions.

69EAA  Definitions

                   In this Division:

approved form means a form approved by the Secretary or prescribed by the regulations.

deal with, in relation to an active constituent for a proposed or existing chemical product, or in relation to a chemical product, includes supply or otherwise dispose of the constituent or product.

relevant agency means the Department or the APVMA.

Part 7AAInvestigative powers

Division 1Monitoring

Subdivision AMonitoring powers etc.

69EAB  Powers available to inspectors for monitoring compliance

             (1)  Subject to subsections (2) and (3), for the purpose of finding out whether this Act or the Collection Act has been, or is being, complied with, or of assessing the correctness of information provided under this Act or the Collection Act, or of finding out whether levy is payable under the Collection Act, an inspector may:

                     (a)  enter any premises; and

                     (b)  exercise the monitoring powers.

             (2)  If premises mentioned in paragraph (1)(a) are a residence, an inspector may only enter the premises if:

                     (a)  the premises are used for commercial purposes in relation to active constituents or chemical products, in addition to residential purposes; and

                     (b)  paragraph (3)(a) or (b) is satisfied.

             (3)  An inspector is not authorised to enter premises under subsection (1) unless:

                     (a)  the occupier of the premises has consented to the entry and the inspector has shown his or her identity card if required by the occupier; or

                     (b)  the entry is made under a monitoring warrant.

Note:          If entry to the premises is with the occupier’s consent, the inspector must leave the premises if the consent ceases to have effect. See section 69ED.

69EAC  Monitoring powers—with consent or with warrant

             (1)  The following are the monitoring powers that an inspector may exercise in relation to premises:

                     (a)  the power to search the premises and any thing on the premises;

                     (b)  the power to examine or observe any activity conducted on the premises;

                     (c)  the power to inspect, examine, take measurements of or conduct tests on any thing on the premises;

                     (d)  the power to make any still or moving image or any recording of the premises or any thing on the premises;

                     (e)  the power to inspect any document on the premises;

                      (f)  the power to take extracts from, or make copies of, any such document;

                     (g)  the power to take and keep samples of any thing on the premises;

                     (h)  the power to open any container at the premises for the purpose of inspecting, or taking a sample of, its contents provided that the container is resealed after the inspection is made or the sample is taken;

                      (i)  the power to give directions for dealing with a container, or a label on a container, that has been opened or sampled in accordance with paragraph (h);

                      (j)  the power to destroy or make harmless, or give directions for the destruction or making harmless of, a chemical product at the premises;

                     (k)  the power to take onto the premises such equipment and materials as the inspector requires for the purpose of exercising powers in relation to the premises;

                      (l)  the powers set out in subsections 69EAD(1) and (3) and 69EAE(1).

             (2)  A person who is given a direction under subsection (1) must comply with the direction.

             (3)  A person commits an offence of strict liability if the person contravenes subsection (2).

Penalty:  30 penalty units.

Note:          For strict liability, see section 6.1 of the Criminal Code.

             (4)  Subsection (2) is a civil penalty provision.

Note:          Part 7AB provides for pecuniary penalties for contraventions of civil penalty provisions.

69EAD  Operating electronic equipment

             (1)  The monitoring powers include the power to:

                     (a)  operate electronic equipment on the premises; and

                     (b)  use a disk, tape or other storage device that:

                              (i)  is on the premises; and

                             (ii)  can be used with the equipment or is associated with it.

             (2)  The monitoring powers include the powers mentioned in subsection (3) if relevant data is found in the exercise of the power under subsection (1).

             (3)  The powers are as follows:

                     (a)  the power to operate electronic equipment on the premises to put the relevant data in documentary form and remove the documents so produced from the premises;

                     (b)  the power to operate electronic equipment on the premises to transfer the relevant data to a disk, tape or other storage device that:

                              (i)  is brought to the premises for the exercise of the power; or

                             (ii)  is on the premises and the use of which for that purpose has been agreed in writing by the occupier of the premises;

                            and remove the disk, tape or other storage device from the premises.

             (4)  An inspector may operate electronic equipment as mentioned in subsection (1) or (3) only if the inspector believes on reasonable grounds that the operation of the equipment can be carried out without damage to the equipment.

Note:          For compensation for damage to electronic equipment, see section 69EDE.

69EAE  Securing evidence of the contravention of a related provision

             (1)  The monitoring powers include the power to secure a thing for a period not exceeding 7 days if:

                     (a)  the thing is found during the exercise of monitoring powers on the premises; and

                     (b)  an inspector believes on reasonable grounds that the thing affords evidence of one or more of the following:

                              (i)  the commission of an offence against this Act or the Collection Act;

                             (ii)  the contravention of a civil penalty provision;

                            (iii)  an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act or the Collection Act; and

                     (c)  the inspector believes on reasonable grounds that:

                              (i)  it is necessary to secure the thing in order to prevent it from being concealed, lost or destroyed before a warrant to seize the thing is obtained; and

                             (ii)  it is necessary to secure the thing without a warrant because the circumstances are serious and urgent.

The thing may be secured by locking it up, placing a guard or any other means.

             (2)  If an inspector believes on reasonable grounds that the thing needs to be secured for more than 7 days, the inspector may apply to a magistrate for an extension of that period.

             (3)  The inspector must give notice to the occupier of the premises, or another person who apparently represents the occupier, of his or her intention to apply for an extension. The occupier or other person is entitled to be heard in relation to that application.

             (4)  The provisions of this Part relating to the issue of monitoring warrants apply, with such modifications as are necessary, to the issue of an extension.

             (5)  The 7 day period may be extended more than once.

69EAF  Persons assisting inspectors

Inspectors may be assisted by other persons

             (1)  When exercising monitoring powers, an inspector may be assisted by other persons in exercising powers or performing functions or duties under this Part, if that assistance is necessary and reasonable. A person giving such assistance is a person assisting the inspector.

Powers, functions and duties of a person assisting the inspector

             (2)  A person assisting the inspector:

                     (a)  may enter the premises; and

                     (b)  may exercise powers and perform functions and duties under this Part for the purposes of assisting the inspector to determine whether:

                              (i)  this Act, or the Collection Act, has been, or is being, complied with; or

                             (ii)  information provided under this Act, or the Collection Act, is correct; or

                            (iii)  levy is payable under the Collection Act; and

                     (c)  must do so in accordance with a direction given to the person assisting by the inspector.

             (3)  A power exercised by a person assisting the inspector as mentioned in subsection (2) is taken for all purposes to have been exercised by the inspector.

             (4)  A function or duty performed by a person assisting the inspector as mentioned in subsection (2) is taken for all purposes to have been performed by the inspector.

             (5)  If a direction is given under paragraph (2)(c) in writing, the direction is not a legislative instrument.

69EAG  Use of force in executing a monitoring warrant

                   In executing a monitoring warrant, an inspector and a person assisting the inspector may use such force against things as is necessary and reasonable in the circumstances.

Subdivision BPowers of inspectors to ask questions and seek production of documents

69EAH  Inspector may ask questions and seek production of documents

             (1)  This section applies if an inspector enters premises for the purposes of determining whether:

                     (a)  this Act, or the Collection Act, has been, or is being, complied with; or

                     (b)  information provided under this Act, or the Collection Act, is correct; or

                     (c)  levy is payable under the Collection Act.

             (2)  If the entry is authorised because the occupier of the premises consented to the entry, the inspector may ask the occupier to answer any questions, and produce any document, relating to:

                     (a)  the operation of this Act or the Collection Act; or

                     (b)  the information.

             (3)  If the entry is authorised by a monitoring warrant, the inspector may require any person on the premises to answer any questions, and produce any document, relating to:

                     (a)  the operation of this Act or the Collection Act; or

                     (b)  the information.

Offence

             (4)  A person commits an offence if:

                     (a)  the person is subject to a requirement under subsection (3); and

                     (b)  the person fails to comply with the requirement.

Penalty for contravention of this subsection:        50 penalty units.

69EAJ  Copying of documents

                   If a person produces a document to an inspector in accordance with a requirement under section 69EAH, the inspector may make copies of, or take extracts from, the document.

Division 2Investigation

Subdivision AInvestigation powers

69EB  Powers available to inspectors to investigate potential breaches of this Act and the Collection Act

             (1)  Subject to subsections (2) and (3), if an inspector has reasonable grounds for suspecting that there may be evidential material on any premises, the inspector may:

                     (a)  enter the premises; and

                     (b)  exercise the investigation powers.

             (2)  If premises mentioned in paragraph (1)(a) are a residence, an inspector may only enter the premises if:

                     (a)  the premises are used for commercial purposes in relation to active constituents or chemical products, in addition to residential purposes; and

                     (b)  paragraph (3)(a) or (b) is satisfied.

             (3)  An inspector is not authorised to enter the premises unless:

                     (a)  the occupier of the premises has consented to the entry and the inspector has shown his or her identity card if required by the occupier; or

                     (b)  the entry is made under an investigation warrant.

Note:          If entry to the premises is with the occupier’s consent, the inspector must leave the premises if the consent ceases to have effect. See section 69ED.

69EBA  Investigation powers

             (1)  The following are the investigation powers that an inspector may exercise in relation to premises under section 69EB:

                     (a)  if entry to the premises is with the occupier’s consent—the power to search the premises and any thing on the premises for the evidential material the inspector has reasonable grounds for suspecting may be on the premises;

                     (b)  if entry to the premises is under an investigation warrant:

                              (i)  the power to search the premises and any thing on the premises for the kind of evidential material specified in the warrant; and

                             (ii)  the power to seize evidential material of that kind if the inspector finds it on the premises;

                     (c)  the power to inspect, examine, take measurements of, and conduct tests on evidential material referred to in paragraph (a) or (b);

                     (d)  the power to make any still or moving image or any recording of the premises or evidential material referred to in paragraph (a) or (b);

                     (e)  the power to inspect any document on the premises;

                      (f)  the power to take extracts from, or make copies of, any such document;

                     (g)  the power to take and keep samples of any thing on the premises;

                     (h)  the power to open any container at the premises for the purpose of inspecting, or taking a sample of, its contents provided that the container is resealed after the inspection is made or the sample is taken;

                      (i)  the power to give directions for dealing with a container, or a label on a container, that has been opened or sampled in accordance with paragraph (h);

                      (j)  the power to destroy or make harmless, or give directions for the destruction or making harmless of, a chemical product at the premises;

                     (k)  the power to take onto the premises such equipment and materials as the inspector requires for the purpose of exercising powers in relation to the premises;

                      (l)  the powers set out in subsections 69EBB(1) and (2) and subsections 69EBC(2) and (3).

             (2)  A person who is given a direction under subsection (1) must comply with the direction.

             (3)  A person commits an offence of strict liability if the person contravenes subsection (2).

Penalty:  30 penalty units.

Note:          For strict liability, see section 6.1 of the Criminal Code.

             (4)  Subsection (2) is a civil penalty provision.

Note:          Part 7AB provides for pecuniary penalties for contraventions of civil penalty provisions.

69EBB  Operating electronic equipment

             (1)  The investigation powers include the power to:

                     (a)  operate electronic equipment on the premises; and

                     (b)  use a disk, tape or other storage device that:

                              (i)  is on the premises; and

                             (ii)  can be used with the equipment or is associated with it;

if an inspector has reasonable grounds for suspecting that the electronic equipment, disk, tape or other storage device is or contains evidential material.

             (2)  The investigation powers include the following powers in relation to evidential material found in the exercise of the power under subsection (1):

                     (a)  if entry to the premises is under an investigation warrant—the power to seize the equipment and the disk, tape or other storage device referred to in that subsection;

                     (b)  the power to operate electronic equipment on the premises to put the evidential material in documentary form and remove the documents so produced from the premises;

                     (c)  the power to operate electronic equipment on the premises to transfer the evidential material to a disk, tape or other storage device that:

                              (i)  is brought to the premises for the exercise of the power; or

                             (ii)  is on the premises and the use of which for that purpose has been agreed in writing by the occupier of the premises;

                            and remove the disk, tape or other storage device from the premises.

             (3)  An inspector may operate electronic equipment as mentioned in subsection (1) or (2) only if the inspector believes on reasonable grounds that the operation of the equipment can be carried out without damage to the equipment.

Note:          For compensation for damage to electronic equipment, see section 69EDE.

             (4)  An inspector may seize equipment or a disk, tape or other storage device as mentioned in paragraph (2)(a) only if:

                     (a)  it is not practicable to put the evidential material in documentary form as mentioned in paragraph (2)(b) or to transfer the evidential material as mentioned in paragraph (2)(c); or

                     (b)  possession of the equipment or the disk, tape or other storage device by the occupier could constitute an offence against a law of the Commonwealth.

69EBC  Seizing evidence of related offences and civil penalty provisions

             (1)  This section applies if an inspector enters premises under an investigation warrant to search for evidential material.

             (2)  The investigation powers include seizing a thing that is not evidential material of the kind specified in the warrant if:

                     (a)  in the course of searching for the kind of evidential material specified in the warrant, the inspector finds the thing; and

                     (b)  the inspector believes on reasonable grounds that the thing affords evidence of one or more of the following:

                              (i)  the commission of an offence against this Act or the Collection Act;

                             (ii)  the contravention of a civil penalty provision;

                            (iii)  an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act or the Collection Act; and

                     (c)  the inspector believes on reasonable grounds that it is necessary to seize the thing in order to prevent its concealment, loss or destruction or to protect the health of the public or of any person.

             (3)  If an inspector seizes a thing as mentioned in subsection (2), the investigation powers include:

                     (a)  the power to direct the occupier of the premises or the owner of the thing to keep it at the premises, or at other premises under the control of the occupier or owner that will, in the opinion of the inspector, cause least danger to the health of the public or of any person; and

                     (b)  the power to give any other directions for, or with respect to, the detention of the thing.

             (4)  A person who is given a direction under subsection (3) must comply with the direction.

             (5)  A person commits an offence of strict liability if the person contravenes subsection (4).

Penalty:  30 penalty units.

Note:          For strict liability, see section 6.1 of the Criminal Code.

             (6)  Subsection (4) is a civil penalty provision.

Note:          Part 7AB provides for pecuniary penalties for contraventions of civil penalty provisions.

69EBD  Persons assisting inspectors

Inspectors may be assisted by other persons

             (1)  When exercising investigation powers, an inspector may be assisted by other persons in exercising powers or performing functions or duties under this Part, if that assistance is necessary and reasonable. A person giving such assistance is a person assisting the inspector.

Powers, functions and duties of a person assisting the inspector

             (2)  A person assisting the inspector:

                     (a)  may enter premises; and

                     (b)  may exercise powers and perform functions and duties under this Part in relation to evidential material; and

                     (c)  must do so in accordance with a direction given to the person assisting by the inspector.

             (3)  A power exercised by a person assisting the inspector as mentioned in subsection (2) is taken for all purposes to have been exercised by the inspector.

             (4)  A function or duty performed by a person assisting the inspector as mentioned in subsection (2) is taken for all purposes to have been performed by the inspector.

             (5)  If a direction is given under paragraph (2)(c) in writing, the direction is not a legislative instrument.

69EBE  Use of force in executing an investigation warrant

                   In executing an investigation warrant, an inspector and a person assisting the inspector may use such force against things as is necessary and reasonable in the circumstances.

Subdivision BPowers of inspectors to ask questions and seek production of documents

69EC  Inspector may ask questions and seek production of documents

             (1)  This section applies if an inspector enters premises to search for evidential material.

             (2)  If the entry is authorised because the occupier of the premises consented to the entry, the inspector may ask the occupier to answer any questions, and produce any document, relating to evidential material.

             (3)  If the entry is authorised by an investigation warrant, the inspector may require any person on the premises to answer any questions, and produce any document, relating to evidential material of the kind specified in the warrant.

             (4)  A person commits an offence if:

                     (a)  the person is subject to a requirement under subsection (3); and

                     (b)  the person fails to comply with the requirement.

Penalty for contravention of this subsection:        50 penalty units.

69ECA  Copying of documents

                   If a person produces a document to an inspector in accordance with a requirement under section 69EC, the inspector may make copies of, or take extracts from, the document.

Division 3Obligations and incidental powers of inspectors

69ED  Consent

             (1)  Before obtaining the consent of an occupier of premises for the purposes of paragraph 69EAB(3)(a) or 69EB(3)(a), an inspector must inform the occupier that the occupier may refuse consent.

             (2)  A consent has no effect unless the consent is voluntary.

             (3)  A consent may be expressed to be limited to entry during a particular period. If so, the consent has effect for that period unless the consent is withdrawn before the end of that period.

             (4)  A consent that is not limited as mentioned in subsection (3) has effect until the consent is withdrawn.

             (5)  If an inspector entered premises because of the consent of the occupier of the premises, the inspector, and any person assisting the inspector, must leave the premises if the consent ceases to have effect.

69EDA  Announcement before entry under warrant

             (1)  Before entering premises under a warrant, an inspector must:

                     (a)  announce that:

                              (i)  he or she is authorised to enter the premises; and

                             (ii)  any person assisting the inspector is authorised to enter the premises; and

                     (b)  show his or her identity card to the occupier of the premises, or to another person who apparently represents the occupier, if the occupier or other person is present at the premises; and

                     (c)  give any person at the premises an opportunity to allow entry to the premises.

             (2)  However, an inspector is not required to comply with subsection (1) if the inspector believes on reasonable grounds that immediate entry to the premises is required:

                     (a)  to ensure the safety of a person; or

                     (b)  to ensure that the effective execution of the warrant is not frustrated.

             (3)  If:

                     (a)  an inspector does not comply with subsection (1) because of subsection (2); and

                     (b)  the occupier of the premises, or another person who apparently represents the occupier, is present at the premises;

the inspector must, as soon as practicable after entering the premises, show his or her identity card to the occupier or other person.

69EDB  Inspector to be in possession of warrant

                   An inspector executing a warrant must be in possession of:

                     (a)  the warrant issued by the magistrate under section 69EH or 69EHA, or a copy of the warrant as so issued; or

                     (b)  the form of warrant completed under subsection 69EHB(6), or a copy of the form as so completed.

69EDC  Details of warrant etc. to be given to occupier

             (1)  An inspector must comply with subsection (2) if:

                     (a)  a warrant is being executed in relation to premises; and

                     (b)  the occupier of the premises, or another person who apparently represents the occupier, is present at the premises.

             (2)  The inspector executing the warrant must, as soon as practicable:

                     (a)  do one of the following:

                              (i)  if the warrant was issued under section 69EH or 69EHA—make a copy of the warrant available to the occupier or other person (which need not include the signature of the magistrate who issued it);

                             (ii)  if the warrant was signed by a magistrate under section 69EHB—make a copy of the form of warrant completed under subsection 69EHB(6) available to the occupier or other person; and

                     (b)  inform the occupier or other person of the rights and responsibilities of the occupier or other person under Division 5 of this Part.

69EDD  Expert assistance to operate electronic equipment

             (1)  This section applies if an inspector enters premises under a warrant.

Securing equipment

             (2)  An inspector may do whatever is necessary to secure any electronic equipment that is on the premises if the inspector believes on reasonable grounds that:

                     (a)  in the case of a monitoring warrant:

                              (i)  there is relevant data on the premises; and

                             (ii)  the relevant data may be accessible by operating the equipment; and

                            (iii)  expert assistance is required to operate the equipment; and

                            (iv)  the relevant data may be destroyed, altered or otherwise interfered with, if the inspector does not take action under this subsection; and

                     (b)  in the case of an investigation warrant:

                              (i)  there is evidential material of the kind specified in the warrant on the premises; and

                             (ii)  the evidential material may be accessible by operating the electronic equipment; and

                            (iii)  expert assistance is required to operate the equipment; and

                            (iv)  the evidential material may be destroyed, altered or otherwise interfered with, if the inspector does not take action under this subsection.

The equipment may be secured by locking it up, placing a guard or any other means.

             (3)  The inspector must give notice to the occupier of the premises, or another person who apparently represents the occupier, of:

                     (a)  the inspector’s intention to secure the equipment; and

                     (b)  the fact that the equipment may be secured for up to 72 hours.

Period equipment may be secured

             (4)  The equipment may be secured until the earlier of the following happens:

                     (a)  the 72‑hour period ends;

                     (b)  the equipment has been operated by the expert.

Note:          For compensation for damage to electronic equipment, see section 69EDE.

Extensions

             (5)  The inspector may apply to a magistrate for an extension of the 72‑hour period, if the inspector believes on reasonable grounds that the equipment needs to be secured for a longer period.

             (6)  Before making the application, the inspector must give notice to the occupier of the premises, or another person who apparently represents the occupier, of the inspector’s intention to apply for an extension. The occupier or other person is entitled to be heard in relation to that application.

             (7)  The provisions of this Part relating to the issue of a warrant apply, with such modifications as are necessary, to the issue of an extension.

             (8)  The 72‑hour period may be extended more than once.

69EDE  Compensation for damage to electronic equipment

             (1)  This section applies if:

       (a)   as a result of equipment being operated as mentioned in this Part:

                              (i)  damage is caused to the equipment; or

                             (ii)  the data recorded on the equipment is damaged; or

                            (iii)  programs associated with the use of the equipment, or with the use of the data, are damaged or corrupted; and

       (b)   the damage or corruption occurs because:

                              (i)  insufficient care was exercised in selecting the person who was to operate the equipment; or

                             (ii)  insufficient care was exercised by the person operating the equipment.

             (2)  The APVMA must pay the owner of the equipment, or the user of the data or programs, such reasonable compensation for the damage or corruption as the APVMA and the owner or user agree on.

             (3)  However, if the owner or user and the APVMA fail to agree, the owner or user may institute proceedings in a court of competent jurisdiction for such reasonable amount of compensation as the court determines.

             (4)  In determining the amount of compensation payable, regard is to be had to whether the occupier of the premises, or the occupier’s employees or agents, if they were available at the time, provided any appropriate warning or guidance on the operation of the equipment.

Division 4Execution of an investigation warrant interrupted

69EE  Completing execution of an investigation warrant after temporary cessation

             (1)  This section applies if an inspector, and all persons assisting, who are executing an investigation warrant in relation to premises temporarily cease its execution and leave the premises.

             (2)  The inspector, and persons assisting, may complete the execution of the warrant if:

                     (a)  the warrant is still in force; and

                     (b)  the inspector and persons assisting are absent from the premises:

                              (i)  for not more than 1 hour; or

                             (ii)  if there is an emergency situation, for not more than 12 hours or such longer period as allowed by a magistrate under subsection (5); or

                            (iii)  for a longer period if the occupier of the premises consents in writing.

Application for extension in emergency situation

             (3)  An inspector, or person assisting, may apply to a magistrate for an extension of the 12‑hour period mentioned in subparagraph (2)(b)(ii) if:

                     (a)  there is an emergency situation; and

                     (b)  the inspector or person assisting believes on reasonable grounds that the inspector and the persons assisting will not be able to return to the premises within that period.

             (4)  If it is practicable to do so, before making the application, the inspector or person assisting must give notice to the occupier of the premises of his or her intention to apply for an extension.

Extension in emergency situation

             (5)  A magistrate may extend the period during which the inspector and persons assisting may be away from the premises if:

                     (a)  an application is made under subsection (3); and

                     (b)  the magistrate is satisfied, by information on oath or affirmation, that there are exceptional circumstances that justify the extension; and

                     (c)  the extension would not result in the period ending after the warrant ceases to be in force.

69EEA  Completing execution of an investigation warrant stopped by court order

                   An inspector, and any persons assisting, may complete the execution of an investigation warrant that has been stopped by an order of a court if:

                     (a)  the order is later revoked or reversed on appeal; and

                     (b)  the warrant is still in force when the order is revoked or reversed.

Division 5Occupier’s rights and responsibilities

69EF  Occupier entitled to observe execution of warrant

             (1)  The occupier of premises to which a warrant relates, or another person who apparently represents the occupier, is entitled to observe the execution of the warrant if the occupier or other person is present at the premises while the warrant is being executed.

             (2)  The right to observe the execution of the warrant ceases if the occupier or other person impedes that execution.

             (3)  This section does not prevent the execution of the warrant in 2 or more areas of the premises at the same time.

69EFA  Occupier to provide inspector with facilities and assistance

             (1)  The occupier of premises to which a warrant relates, or another person who apparently represents the occupier, must provide:

                     (a)  an inspector executing the warrant; and

                     (b)  any person assisting;

with all reasonable facilities and assistance for the effective exercise of their powers.

             (2)  A person commits an offence if:

                     (a)  the person is subject to subsection (1); and

                     (b)  the person fails to comply with that subsection.

Penalty for contravention of this subsection:        30 penalty units.

Division 6General provisions relating to seizure

69EG  Copies of seized things to be provided

             (1)  Subject to subsection (2), if an inspector who has entered premises under an investigation warrant seizes:

                     (a)  a document, film, computer file or other thing that can be readily copied; or

                     (b)  a storage device the information in which can be readily copied;

the inspector must, if asked to do so by the occupier of the premises or another person who apparently represents the occupier and is present when the seizure takes place, give a copy of the thing or the information to the occupier or other person as soon as practicable after the seizure.

             (2)  However, the inspector is not required to comply with the request if possession of the document, film, computer file, thing or information by the occupier or other person could constitute an offence against a law of the Commonwealth.

69EGA  Receipts for seized things

             (1)  An inspector must provide a receipt for a thing that is seized under an investigation warrant.

             (2)  One receipt may cover 2 or more things seized.

69EGB  Return of seized things

             (1)  An inspector must take reasonable steps to return a thing seized under an investigation warrant when the earliest of the following happens:

                     (a)  the reason for the thing’s seizure no longer exists;

                     (b)  it is decided that the thing is not to be used in evidence;

                     (c)  the period of 60 days after the thing’s seizure ends.

Exceptions

             (2)  Subsection (1):

                     (a)  is subject to any contrary order of a court; and

                     (b)  does not apply if the thing:

                              (i)  is forfeited or forfeitable to the APVMA (see section 69ET); or

                             (ii)  is the subject of a dispute as to ownership.

             (3)  The inspector is not required to take reasonable steps to return a thing because of paragraph (1)(c) if:

                     (a)  proceedings in which the thing may be used in evidence were begun before the end of the 60 days and have not been completed (including an appeal to a court in relation to those proceedings); or

                     (b)  the inspector may keep the thing because of an order under section 69EGC; or

                     (c)  the inspector is authorised by this Part or by an order of a court to keep, destroy or dispose of the thing.

69EGC  Magistrate may permit a thing to be kept

             (1)  If:

                     (a)  before the end of 60 days after an inspector seizes a thing under an investigation warrant; or

                     (b)  before the end of a period previously stated in an order under this section in respect of a thing seized by an inspector as mentioned in paragraph (a);

proceedings in which the thing may be used in evidence have not been brought, the inspector may apply to a magistrate for an order that he or she may keep the thing for a further period.

             (2)  Before making the application, the inspector must:

                     (a)  take reasonable steps to discover who has an interest in the retention of the thing; and

                     (b)  if it is practicable to do so, notify each person who the inspector believes has such an interest of the proposed application.

Order to retain thing

             (3)  A magistrate may order that the thing may continue to be retained for a period specified in the order if the magistrate is satisfied that it is necessary for the thing to continue to be retained:

                     (a)  for the purposes of an investigation as to whether:

                              (i)  an offence against this Act or the Collection Act has been committed; or

                             (ii)  a civil penalty provision has been contravened; or

                     (b)  for the purposes of an investigation as to whether an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act or the Collection Act has been committed; or

                     (c)  to enable evidence of:

                              (i)  an offence mentioned in paragraph (a) or (b) to be secured for the purposes of a prosecution; or

                             (ii)  a contravention mentioned in paragraph (a) to be secured for the purposes of proceedings for a civil penalty order.

             (4)  The period specified must not exceed 3 years.

69EGD  Disposal of things

             (1)  The APVMA may dispose of a thing seized under an investigation warrant if:

                     (a)  an inspector has taken reasonable steps to return the thing to a person; and

                     (b)  either:

                              (i)  the inspector has been unable to locate the person; or

                             (ii)  the person has refused to take possession of the thing.

             (2)  The APVMA may dispose of the thing in such manner as it considers appropriate.

Division 7Applying for warrants etc.

69EH  Monitoring warrants

Application for warrant

             (1)  An inspector may apply to a magistrate for a monitoring warrant under this section in relation to premises.

Issue of warrant

             (2)  The magistrate may issue the warrant if the magistrate is satisfied, by information on oath or affirmation, that it is reasonably necessary that one or more inspectors should have access to the premises for the purpose of determining whether:

                     (a)  this Act, or the Collection Act, has been, or is being, complied with; or

                     (b)  information provided under this Act, or the Collection Act, is correct; or

                     (c)  levy is payable under the Collection Act.

             (3)  However, the magistrate must not issue the warrant unless the inspector or some other person has given to the magistrate, either orally or by affidavit, such further information (if any) as the magistrate requires concerning the grounds on which the issue of the monitoring warrant is being sought.

Content of warrant

             (4)  The monitoring warrant must:

                     (a)  describe the premises to which the warrant relates; and

                     (b)  state that the warrant is issued under this section; and

                     (c)  state the purpose for which the warrant is issued; and

                     (d)  authorise one or more inspectors (whether or not named in the warrant) from time to time while the warrant remains in force:

                              (i)  to enter the premises; and

                             (ii)  to exercise the monitoring powers in relation to the premises; and

                     (e)  state whether entry is authorised to be made at any time of the day or during specified hours of the day; and

                      (f)  specify the day (not more than 6 months after the issue of the warrant) the warrant ceases to be in force.

             (5)  If the application for the warrant is made under section 69EHB, this section applies as if paragraph (4)(f) required the warrant to specify the period for which the warrant is to remain in force, which must not be more than 48 hours.

69EHA  Investigation warrants

Application for warrant

             (1)  An inspector may apply to a magistrate for an investigation warrant under this section in relation to premises.

Issue of warrant

             (2)  The magistrate may issue the investigation warrant if the magistrate is satisfied, by information on oath or affirmation, that there are reasonable grounds for suspecting that there is, or there may be within the next 72 hours, evidential material on the premises.

             (3)  However, the magistrate must not issue the investigation warrant unless the inspector or some other person has given to the magistrate, either orally or by affidavit, such further information (if any) as the magistrate requires concerning the grounds on which the issue of the warrant is being sought.

Content of warrant

             (4)  The investigation warrant must:

                     (a)  state the offence or offences, or civil penalty provision or civil penalty provisions, to which the warrant relates; and

                     (b)  describe the premises to which the warrant relates; and

                     (c)  state that the warrant is issued under this section; and

                     (d)  specify the kinds of evidential material that are to be searched for under the warrant; and

                     (e)  state that the evidential material specified may be seized under the warrant; and

                      (f)  state that any thing found in the course of executing the warrant that the person executing the warrant believes on reasonable grounds to be evidence of one or more of the following:

                              (i)  the commission of an offence against this Act or the Collection Act;

                             (ii)  the contravention of a civil penalty provision;

                            (iii)  an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act or the Collection Act;

                            may be seized under the warrant; and

                     (g)  name one or more inspectors; and

                     (h)  authorise the inspectors named in the warrant:

                              (i)  to enter the premises; and

                             (ii)  to exercise the powers set out in Divisions 2, 3 and 4 of this Part in relation to the premises; and

                      (i)  state whether entry is authorised to be made at any time of the day or during specified hours of the day; and

                      (j)  specify the day (not more than 1 week after the issue of the warrant) the warrant ceases to be in force.

             (5)  If the application for the warrant is made under section 69EHB, this section applies as if:

                     (a)  subsection (2) referred to 48 hours rather than 72 hours; and

                     (b)  paragraph (4)(j) required the warrant to specify the period for which the warrant is to remain in force, which must not be more than 48 hours.

69EHB  Warrants by telephone, fax etc.

Application for warrant

             (1)  An inspector may apply to a magistrate by telephone, fax or other electronic means for a warrant in relation to premises:

                     (a)  in an urgent case; or

                     (b)  if the delay that would occur if an application were made in person would frustrate the effective execution of the warrant.

             (2)  The magistrate may require communication by voice to the extent that it is practicable in the circumstances.

             (3)  Before applying for a warrant, the inspector must:

                     (a)  in the case of a monitoring warrant—prepare an information of the kind mentioned in subsection 69EH(2); and

                     (b)  in the case of an investigation warrant—prepare an information of the kind mentioned in subsection 69EHA(2);

in relation to the premises that sets out the grounds on which the warrant is sought. If it is necessary to do so, the inspector may apply for the warrant before the information is sworn or affirmed.

Magistrate may complete and sign warrant

             (4)  The magistrate may complete and sign the same warrant that would have been issued under section 69EH or 69EHA if the magistrate is satisfied that there are reasonable grounds for doing so:

                     (a)  after considering the terms of the information; and

                     (b)  after receiving such further information (if any) as the magistrate requires concerning the grounds on which the issue of the warrant is being sought.

             (5)  After completing and signing the warrant, the magistrate must inform the inspector, by telephone, fax or other electronic means, of:

                     (a)  the terms of the warrant; and

                     (b)  the day and time the warrant was signed.

Obligations on inspector

             (6)  The inspector must then do the following:

                     (a)  complete and sign a form of warrant in the same terms as the warrant completed and signed by the magistrate;

                     (b)  state on the form the following:

                              (i)  the name of the magistrate;

                             (ii)  the day and time the warrant was signed by the magistrate;

                     (c)  send the following to the magistrate:

                              (i)  the form of warrant completed by the inspector;

                             (ii)  the information referred to in subsection (3), which must have been duly sworn or affirmed.

             (7)  The inspector must comply with paragraph (6)(c) by the end of the day after the earlier of the following:

                     (a)  the day the warrant ceases to be in force;

                     (b)  the day the warrant is executed.

Magistrate to attach documents together

             (8)  The magistrate must attach the documents provided under paragraph (6)(c) to the warrant signed by the magistrate.

69EHC  Authority of warrant

             (1)  A form of warrant duly completed under subsection 69EHB(6) is authority for the same powers as are authorised by the warrant signed by the magistrate under subsection 69EHB(4).

             (2)  In any proceedings, a court is to assume (unless the contrary is proved) that an exercise of power was not authorised by a warrant under section 69EHB if:

                     (a)  it is material, in those proceedings, for the court to be satisfied that the exercise of power was authorised by that section; and

                     (b)  the warrant signed by the inspector authorising the exercise of the power is not produced in evidence.

69EHD  Offence relating to warrants by telephone, fax etc.

                   An inspector must not:

                     (a)  state in a document that purports to be a form of warrant under section 69EHB the name of a magistrate unless that magistrate signed the warrant; or

                     (b)  state on a form of warrant under that section a matter that, to the inspector’s knowledge, departs in a material particular from the terms of the warrant signed by the magistrate under that section; or

                     (c)  purport to execute, or present to another person, a document that purports to be a form of warrant under that section that the inspector knows departs in a material particular from the terms of a warrant signed by a magistrate under that section; or

                     (d)  purport to execute, or present to another person, a document that purports to be a form of warrant under that section where the inspector knows that no warrant in the terms of the form of warrant has been completed and signed by a magistrate; or

                     (e)  give to a magistrate a form of warrant under that section that is not the form of warrant that the inspector purported to execute.

Penalty:  Imprisonment for 2 years.

Division 8Powers of magistrates

69EI  Powers of issuing officers

Powers conferred personally

             (1)  A power conferred on a magistrate by this Part is conferred on the magistrate:

                     (a)  in a personal capacity; and

                     (b)  not as a court or a member of a court.

Powers need not be accepted

             (2)  The magistrate need not accept the power conferred.

Protection and immunity

             (3)  A magistrate exercising a power conferred by this Part has the same protection and immunity as if the magistrate were exercising the power:

                     (a)  as the court of which the magistrate is a member; or

                     (b)  as a member of the court of which the magistrate is a member.

Part 7ABEnforcement

Division 1Civil penalty orders

Subdivision AObtaining a civil penalty order

69EJ  Civil penalty orders

Application for order

             (1)  The APVMA may, on behalf of the Commonwealth, apply to a court of competent jurisdiction for an order that a person, who is alleged to have contravened a civil penalty provision, pay the Commonwealth a pecuniary penalty.

             (2)  The APVMA must make the application within 6 years of the alleged contravention.

Court may order person to pay pecuniary penalty

             (3)  If the court is satisfied that the person has contravened the civil penalty provision, the court may order the person to pay to the Commonwealth such pecuniary penalty for the contravention as the court determines to be appropriate.

Note:          Section 69EJA sets out the maximum penalty that the court may order the person to pay.

             (4)  An order under subsection (3) is a civil penalty order.

Determining pecuniary penalty

             (5)  In determining the pecuniary penalty, the court may take into account all relevant matters, including:

                     (a)  the nature and extent of the contravention; and

                     (b)  the nature and extent of any loss or damage suffered because of the contravention; and

                     (c)  the circumstances in which the contravention took place; and

                     (d)  whether the person has previously been found by a court to have engaged in any similar conduct; and

                     (e)  the extent to which the person has cooperated with the authorities; and

                      (f)  if the person is a body corporate:

                              (i)  the level of the employees, officers or agents of the body corporate involved in the contravention; and

                             (ii)  whether the body corporate exercised due diligence to avoid the contravention; and

                            (iii)  whether the body corporate had a corporate culture conducive to compliance.

69EJA  Maximum penalties for contravention of civil penalty provisions

Penalty for body corporate

             (1)  The pecuniary penalty for a contravention of a civil penalty provision by a body corporate must not exceed 5 times the amount of the maximum monetary penalty that could be imposed by a court if the body corporate were convicted of an offence constituted by conduct that is the same as the conduct constituting the contravention.

Penalty for individuals

             (2)  The pecuniary penalty for a contravention of a civil penalty provision by an individual must not exceed 3 times the amount of the maximum monetary penalty that could be imposed by a court if the person were convicted of an offence constituted by conduct that is the same as the conduct constituting the contravention.

Penalty for contravention of subsection 69EJR(1)

             (3)  The pecuniary penalty for a contravention, by an executive officer of a body corporate, of subsection 69EJR(1) in relation to the contravention by the body corporate of a civil penalty provision must not exceed 12% of the amount of the maximum monetary penalty that could be imposed on the body corporate for the contravention.

69EJB  Civil enforcement of penalty

             (1)  A pecuniary penalty is a debt payable to the Commonwealth.

             (2)  The Commonwealth may enforce a civil penalty order as if it were an order made in civil proceedings against a person to recover a debt due by the person. The debt arising from the order is taken to be a judgement debt.

69EJC  Conduct contravening more than one civil penalty provision

             (1)  If conduct constitutes a contravention of 2 or more civil penalty provisions, proceedings may be instituted under this Division against a person in relation to the contravention of any one or more of those provisions.

             (2)  However, the person is not liable to more than one pecuniary penalty under this Division in relation to the same conduct.

69EJD  Multiple contraventions

             (1)  A court may make a single civil penalty order against a person for multiple contraventions of a civil penalty provision if proceedings for the contraventions are founded on the same facts, or if the contraventions form, or are part of, a series of contraventions of the same or a similar character.

Note:          For continuing contraventions of civil penalty provisions, see section 69EJL.

             (2)  However, the penalty must not exceed the sum of the maximum penalties that could be ordered if a separate penalty were ordered for each of the contraventions.

69EJE  Proceedings may be heard together

                   A court may direct that 2 or more proceedings for civil penalty orders be heard together.

69EJF  Civil evidence and procedure rules for civil penalty orders

                   A court must apply the rules of evidence and procedure for civil matters when hearing and determining an application for a civil penalty order.

69EJG  Contravening a civil penalty provision is not an offence

                   A contravention of a civil penalty provision is not an offence.

Subdivision BCivil proceedings and criminal proceedings

69EJH  Civil proceedings after criminal proceedings

                   A court may not make a civil penalty order against a person for a contravention of a civil penalty provision if the person has been convicted of an offence constituted by conduct that is the same, or substantially the same, as the conduct constituting the contravention.

69EJI  Criminal proceedings during civil proceedings

             (1)  Proceedings for a civil penalty order against a person for a contravention of a civil penalty provision are stayed if:

                     (a)  criminal proceedings are commenced or have already been commenced against the person for an offence; and

                     (b)  the offence is constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention.

             (2)  The proceedings for the order (the civil proceedings) may be resumed if the person is not convicted of the offence. Otherwise, the civil proceedings are dismissed.

69EJJ  Criminal proceedings after civil proceedings

                   Criminal proceedings may be commenced against a person for conduct that is the same, or substantially the same, as conduct that would constitute a contravention of a civil penalty provision regardless of whether a civil penalty order has been made against the person in relation to the contravention.

69EJK  Evidence given in civil proceedings not admissible in criminal proceedings

             (1)  Evidence of information given, or evidence of production of documents, by an individual is not admissible in criminal proceedings against the individual for an offence if:

                     (a)  the individual previously gave the evidence or produced the documents in proceedings for a civil penalty order against the individual for an alleged contravention of a civil penalty provision (whether or not the order was made); and

                     (b)  the conduct alleged to constitute the offence is the same, or substantially the same, as the conduct alleged to constitute the contravention.

             (2)  However, subsection (1) does not apply to criminal proceedings in relation to the falsity of the evidence given by the individual in the proceedings for the civil penalty order.

Subdivision CMiscellaneous

69EJL  Continuing contraventions of civil penalty provisions

             (1)  If an act or thing is required under a civil penalty provision to be done:

                     (a)  within a particular period; or

                     (b)  before a particular time;

then the obligation to do that act or thing continues until the act or thing is done (even if the period has expired or the time has passed).

             (2)  A person who contravenes a civil penalty provision that requires an act or thing to be done:

                     (a)  within a particular period; or

                     (b)  before a particular time;

commits a separate contravention of that provision in respect of each day during which the contravention occurs (including the day the relevant civil penalty order is made or any later day).

69EJM  Ancillary contravention of civil penalty provisions

             (1)  A person must not:

                     (a)  attempt to contravene a civil penalty provision; or

                     (b)  aid, abet, counsel or procure a contravention of a civil penalty provision; or

                     (c)  induce (by threats, promises or otherwise) a contravention of a civil penalty provision; or

                     (d)  be in any way, directly or indirectly, knowingly concerned in, or party to, a contravention of a civil penalty provision; or

                     (e)  conspire with others to effect a contravention of a civil penalty provision.

Civil penalty

             (2)  A person who contravenes subsection (1) in relation to a civil penalty provision is taken to have contravened the provision.

Note:          Section 69EJO (which provides that a person’s state of mind does not need to be proven in relation to a civil penalty provision) does not apply to the extent that proceedings relate to the contravention of subsection (1).

69EJN  Mistake of fact

             (1)  A person is not liable to have a civil penalty order made against the person for a contravention of a civil penalty provision if:

                     (a)  at or before the time of the conduct constituting the contravention, the person:

                              (i)  considered whether or not facts existed; and

                             (ii)  was under a mistaken but reasonable belief about those facts; and

                     (b)  had those facts existed, the conduct would not have constituted a contravention of the civil penalty provision.

             (2)  For the purposes of subsection (1), a person may be regarded as having considered whether or not facts existed if:

                     (a)  the person had considered, on a previous occasion, whether those facts existed in the circumstances surrounding that occasion; and

                     (b)  the person honestly and reasonably believed that the circumstances surrounding the present occasion were the same, or substantially the same, as those surrounding the previous occasion.

             (3)  A person who wishes to rely on subsection (1) or (2) in proceedings for a civil penalty order bears an evidential burden in relation to that matter.

69EJO  State of mind

             (1)  In proceedings for a civil penalty order against a person for a contravention of a civil penalty provision, it is not necessary to prove:

                     (a)  the person’s intention; or

                     (b)  the person’s knowledge; or

                     (c)  the person’s recklessness; or

                     (d)  the person’s negligence; or

                     (e)  any other state of mind of the person.

             (2)  Subsection (1) does not apply to the extent that the proceedings relate to a contravention of subsection 69EJM(1) (which is about ancillary contraventions of civil penalty provisions).

             (3)  Subsection (1) does not affect the operation of section 69EJN (which is about mistake of fact).

             (4)  Subsection (1) does not apply to the extent that the civil penalty provision, or a provision that relates to the civil penalty provision, expressly provides otherwise.

69EJP  Evidential burden for exceptions

                   In proceedings for a civil penalty order, a person who wishes to rely on any exception, exemption, excuse, qualification or justification in relation to a civil penalty provision bears an evidential burden in relation to that matter.

69EJQ  Liability of body corporate for actions by employees, agents or officers

                   If an element of a civil penalty provision is done by an employee, agent or officer of a body corporate acting within the actual or apparent scope of his or her employment, or within his or her actual or apparent authority, the element must also be attributed to the body corporate.

69EJR  Liability of executive officers

             (1)  An executive officer of a body corporate contravenes this subsection if:

                     (a)  the body corporate contravenes a civil penalty provision; and

                     (b)  the officer knew that the contravention would occur; and

                     (c)  the officer was in a position to influence the conduct of the body in relation to the contravention; and

                     (d)  the officer failed to take all reasonable steps to prevent the contravention.

             (2)  Subsection (1) is a civil penalty provision.

Note:          Subdivision A of this Division provides for pecuniary penalties for contraventions of civil penalty provisions.

69EJS  Establishing whether an executive officer took reasonable steps to prevent the contravention of a civil penalty provision

             (1)  For the purposes of section 69EJR, in determining whether an executive officer of a body corporate failed to take all reasonable steps to prevent the contravention of a civil penalty provision, a court is to have regard to:

                     (a)  what action (if any) the officer took towards ensuring that the body’s employees, agents and contractors have a reasonable knowledge and understanding of the requirements to comply with this Act or the Collection Act, in so far as those requirements affect the employees, agents or contractors concerned; and

                     (b)  what action (if any) the officer took when he or she became aware that the body was contravening this Act or the Collection Act.

             (2)  This section does not, by implication, limit the generality of section 69EJR.

Division 2Infringement notices

69EK  When an infringement notice may be given

             (1)  If an inspector has reasonable grounds to believe that a person has contravened a prescribed civil penalty provision, the inspector may give the person an infringement notice for the alleged contravention.

             (2)  The infringement notice must be given within 12 months after the day the contravention is alleged to have taken place.

             (3)  A single infringement notice must relate only to a single contravention of a single prescribed civil penalty provision.

69EKA  Matters to be included in an infringement notice

             (1)  An infringement notice must:

                     (a)  be identified by a unique number; and

                     (b)  state the day it is given; and

                     (c)  state the name of the person to whom the notice is given; and

                     (d)  state the name of the person who gave the notice; and

                     (e)  give brief details of the alleged contravention, including:

                              (i)  the provision that was allegedly contravened; and

                             (ii)  the maximum penalty that a court could impose for the contravention; and

                            (iii)  the time (if known) and day of, and the place of, the alleged contravention; and

                      (f)  state the amount that is payable under the notice; and

                     (g)  give an explanation of how payment of the amount is to be made; and

                     (h)  state that, if the person to whom the notice is given pays the amount within 28 days after the day the notice is given, then (unless the notice is withdrawn) proceedings seeking a civil penalty order will not be brought in relation to the alleged contravention; and

                      (i)  state that payment of the amount is not an admission of liability; and

                      (j)  state that the person may apply to the APVMA to have the period in which to pay the amount extended; and

                     (k)  state that the person may choose not to pay the amount and, if the person does so, proceedings seeking a civil penalty order may be brought in relation to the alleged contravention; and

                      (l)  set out how the notice can be withdrawn; and

                    (m)  state that if the notice is withdrawn proceedings seeking a civil penalty order may be brought in relation to the alleged contravention; and

                     (n)  state that the person may make written representations to the APVMA seeking the withdrawal of the notice.

             (2)  For the purposes of paragraph (1)(f), the amount to be stated in the notice for the alleged contravention of the provision must not exceed one‑fifth of the maximum penalty that a court could impose on the person for that contravention.

             (3)  The regulations may, subject to subsection (2), provide for a scale of amounts that may apply for an alleged contravention.

69EKB  Extension of time to pay amount

             (1)  A person to whom an infringement notice has been given may apply to the APVMA for an extension of the period referred to in paragraph 69EKA(1)(h).

             (2)  If the application is made before the end of that period, the APVMA may, in writing, extend that period. The APVMA may do so before or after the end of that period.

             (3)  If the APVMA extends that period, a reference in this Division to the period referred to in paragraph 69EKA(1)(h) is taken to be a reference to that period so extended.

             (4)  If the APVMA does not extend that period, a reference in this Division to the period referred to in paragraph 69EKA(1)(h) is taken to be a reference to the period that ends on the later of the following days:

                     (a)  the day that is the last day of the period referred to in paragraph 69EKA(1)(h);

                     (b)  the day that is 7 days after the day the person was given notice of the APVMA’s decision not to extend.

             (5)  The APVMA may extend the period more than once under subsection (2).

69EKC  Withdrawal of an infringement notice

Representations seeking withdrawal of notice

             (1)  A person to whom an infringement notice has been given may make written representations to the APVMA seeking the withdrawal of the notice.

Withdrawal of notice

             (2)  The APVMA may withdraw an infringement notice given to a person (whether or not the person has made written representations seeking the withdrawal).

             (3)  When deciding whether or not to withdraw an infringement notice (the relevant infringement notice), the APVMA:

                     (a)  must take into account any written representations seeking the withdrawal that were given by the person to the APVMA; and

                     (b)  may take into account the following:

                              (i)  whether a court has previously imposed a penalty on the person for a contravention of a prescribed civil penalty provision if the contravention is constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention in the relevant infringement notice;

                             (ii)  the circumstances of the alleged contravention;

                            (iii)  whether the person has paid an amount, stated in an earlier infringement notice, for a contravention of a prescribed civil penalty provision if the contravention is constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention in the relevant infringement notice;

                            (iv)  any other matter the APVMA considers relevant.

Notice of withdrawal

             (4)  Notice of the withdrawal of the infringement notice must be given to the person. The withdrawal notice must state:

                     (a)  the person’s name and address; and

                     (b)  the day the infringement notice was given; and

                     (c)  the identifying number of the infringement notice; and

                     (d)  that the infringement notice is withdrawn; and

                     (e)  that proceedings seeking a civil penalty order may be brought in relation to the alleged contravention.

Refund of amount if infringement notice withdrawn

             (5)  If:

                     (a)  the APVMA withdraws the infringement notice; and

                     (b)  the person has already paid the amount stated in the notice;

the Commonwealth must refund to the person an amount equal to the amount paid.

69EKD  Effect of payment of amount

             (1)  If the person to whom an infringement notice for an alleged contravention of a provision is given pays the amount stated in the notice before the end of the period referred to in paragraph 69EKA(1)(h):

                     (a)  any liability of the person for the alleged contravention is discharged; and

                     (b)  proceedings seeking a civil penalty order may not be brought against the person in relation to the alleged contravention; and

                     (c)  the person is not regarded as having admitted liability for the alleged contravention.

             (2)  Subsection (1) does not apply if the notice has been withdrawn.

69EKE  Effect of this Division

                   This Division does not:

                     (a)  require an infringement notice to be given to a person for an alleged contravention of a prescribed civil penalty provision; or

                     (b)  affect the liability of a person for an alleged contravention of a prescribed civil penalty provision if:

                              (i)  the person does not comply with an infringement notice given to the person for the contravention; or

                             (ii)  an infringement notice is not given to the person for the contravention; or

                            (iii)  an infringement notice is given to the person for the contravention and is subsequently withdrawn; or

                     (c)  prevent the giving of 2 or more infringement notices to a person for an alleged contravention of a prescribed civil penalty provision; or

                     (d)  limit a court’s discretion to determine the amount of a penalty to be imposed on a person who is found to have contravened a prescribed civil penalty provision.

Division 3Enforceable undertakings

69EL  Acceptance of undertakings

             (1)  The APVMA may accept any of the following undertakings:

                     (a)  a written undertaking given by a person that the person will, in order to comply with a provision of this Act or the Collection Act, take specified action;

                     (b)  a written undertaking given by a person that the person will, in order to comply with a provision of this Act or the Collection Act, refrain from taking specified action;

                     (c)  a written undertaking given by a person that the person will take specified action directed towards ensuring one or more of the following:

                              (i)  that the person does not commit an offence against this Act or the Collection Act;

                             (ii)  that the person does not contravene a civil penalty provision;

                            (iii)  that the person is unlikely to commit an offence against this Act or the Collection Act, or to contravene a civil penalty provision, in the future.

             (2)  The undertaking must be expressed to be an undertaking under this section.

             (3)  The person may withdraw or vary the undertaking at any time, but only with the written consent of the APVMA.

             (4)  The APVMA’s consent is not a legislative instrument.

             (5)  The APVMA may, by written notice given to the person, cancel the undertaking.

             (6)  The APVMA must publish the undertaking on the APVMA’s website.

             (7)  However, the APVMA is not required to publish so much of the undertaking that the APVMA is satisfied:

                     (a)  is confidential commercial information; or

                     (b)  is personal information (within the meaning of the Privacy Act 1988); or

                     (c)  should not be disclosed because it would be against the public interest to do so.

69ELA  Enforcement of undertakings

             (1)  If:

                     (a)  a person has given an undertaking under section 69EL; and

                     (b)  the undertaking has not been withdrawn or cancelled; and

                     (c)  the APVMA considers that the person has breached the undertaking;

the APVMA may, on behalf of the Commonwealth, apply to a court of competent jurisdiction for an order under subsection (2).

             (2)  If the court is satisfied that the person has breached the undertaking, the court may make any or all of the following orders:

                     (a)  an order directing the person to comply with the undertaking;

                     (b)  an order directing the person to pay to the Commonwealth an amount up to the amount of any financial benefit that the person has obtained directly or indirectly and that is reasonably attributable to the breach;

                     (c)  any order that the court considers appropriate directing the person to compensate any other person who has suffered loss or damage as a result of the breach;

                     (d)  any other order that the court considers appropriate.

Division 4Injunctions

69EM  Grant of injunctions

Restraining injunctions

             (1)  If a person has engaged, is engaging or is proposing to engage, in conduct that constitutes an offence against this Act or the Collection Act or a contravention of a civil penalty provision, a court of competent jurisdiction may, on application by any person, grant an injunction:

                     (a)  restraining the first‑mentioned person from engaging in the conduct; and

                     (b)  if, in the court’s opinion, it is desirable to do so—requiring the first‑mentioned person to do a thing.

Performance injunctions

             (2)  If:

                     (a)  a person has refused or failed, or is refusing or failing, or is proposing to refuse or fail, to do a thing; and

                     (b)  the refusal or failure was, is or would be, an offence against this Act or the Collection Act or a contravention of a civil penalty provision;

the court may, on application by any person, grant an injunction requiring the first‑mentioned person to do that thing.

Grant of interim injunctions

             (3)  Before deciding an application for an injunction under this section, the court may grant an interim injunction:

                     (a)  restraining a person from engaging in conduct; or

                     (b)  requiring a person to do a thing.

69EMA  Discharging or varying injunctions

                   A court may discharge or vary an injunction granted by that court under this Division.

69EMB  Certain limits on granting injunctions not to apply

Restraining injunctions

             (1)  The power of a court under this Division to grant an injunction restraining a person from engaging in conduct may be exercised:

                     (a)  whether or not it appears to the court that the person intends to engage again, or to continue to engage, in conduct of that kind; and

                     (b)  whether or not the person has previously engaged in conduct of that kind; and

                     (c)  whether or not the conduct involves a serious and immediate risk of:

                              (i)  an effect that is harmful to human beings; or

                             (ii)  an unintended effect that is harmful to animals, plants or things, or to the environment.

Performance injunctions

             (2)  The power of a court under this Division to grant an injunction requiring a person to do a thing may be exercised:

                     (a)  whether or not it appears to the court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that thing; and

                     (b)  whether or not the person has previously refused or failed to do that thing; and

                     (c)  whether or not the conduct involves a serious and immediate risk of:

                              (i)  an effect that is harmful to human beings; or

                             (ii)  an unintended effect that is harmful to animals, plants or things, or to the environment.

69EMC  Other powers of a court unaffected

                   The powers conferred on a court under this Division are in addition to, and not instead of, any other powers of the court, whether conferred by this Act or otherwise.

Division 5Substantiation notices

69EN  APVMA may require claims to be substantiated etc.

             (1)  This section applies if a person has made a claim or representation in relation to:

                     (a)  the import, or possible import, of a chemical product by the person or another person; or

                     (b)  the export of a chemical product by the person or another person.

             (2)  The APVMA may give the person who made the claim or representation a written notice that requires the person to do either or both of the following:

                     (a)  give information or produce documents to the APVMA that could be capable of substantiating or supporting the claim or representation;

                     (b)  give information or produce documents to the APVMA that are of a kind specified in the notice;

within 21 days after the notice is given to the person who made the claim or representation.

             (3)  Any kind of information or documents that the APVMA specifies under paragraph (2)(b) must be a kind that the APVMA is satisfied is relevant to substantiating or supporting the claim or representation.

             (4)  The notice must:

                     (a)  name the person to whom it is given; and

                     (b)  specify the claim or representation to which it relates; and

                     (c)  explain the effect of sections 69ENA and 69ENB.

             (5)  The notice may relate to more than one claim or representation that the person has made.

             (6)  This section does not apply to a person who made the claim or representation if the person:

                     (a)  made the claim or representation by publishing it on behalf of another person in the course of carrying on a business of providing information; and

                     (b)  does not have a commercial relationship with the other person other than for the purpose of:

                              (i)  publishing claims or representations promoting, or apparently intended to promote, the other person’s business or other activities; or

                             (ii)  the other person supplying goods or services.

69ENA  Compliance with substantiation notices

             (1)  A person given a substantiation notice under section 69EN must comply with the notice:

                     (a)  within the period specified in the notice; or

                     (b)  within such further time as the APVMA allows under subsection (3).

             (2)  A person given a substantiation notice under section 69EN may apply to the APVMA for further time to comply with the notice. An application must be in writing and made within 21 days after the notice is given to the person.

             (3)  The APVMA may, by written notice given to the person, extend the period within which the person must comply with the notice.

             (4)  Despite subsection (1), an individual may refuse or fail to give particular information or produce a particular document in compliance with a substantiation notice on the ground that the information, or production of the document, might tend to incriminate the individual or to expose the individual to a penalty.

69ENB  Failure to comply with substantiation notice

             (1)  A person contravenes this section if:

                     (a)  the person is given a notice under section 69EN; and

                     (b)  the person fails to comply with the notice:

                              (i)  within the period specified in the notice; or

                             (ii)  if the APVMA has allowed the person further time under subsection 69ENA(3)—within such further time.

             (2)  Subsection (1) does not apply if:

                     (a)  the person is an individual; and

                     (b)  the person refuses or fails to give particular information or produce a particular document in compliance with a substantiation notice; and

                     (c)  the information, or production of the document, might tend to incriminate the individual or to expose the individual to a penalty.

             (3)  A person commits an offence if the person contravenes subsection (1).

Penalty:  50 penalty units.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (2). See subsection 13.3(3) of the Criminal Code.

             (4)  Subsection (1) is a civil penalty provision.

Note 1:       Division 1 of this Part provides for pecuniary penalties for contraventions of civil penalty provisions.

Note 2:       For the evidential burden in civil penalty proceedings in relation to the matter in subsection (2), see section 69EJP.

Division 6Formal warnings

69EO  APVMA may issue a formal warning

             (1)  The APVMA may, by written notice, issue a formal warning to a person if the APVMA has reasonable grounds to suspect that the person may have contravened this Act or the Collection Act.

             (2)  A formal warning under subsection (1) is not a legislative instrument.

Division 7Miscellaneous

69EP  Hearings

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

             (2)  Before holding a hearing, the APVMA must cause to be published in the Gazette, and in any other manner that it thinks appropriate, 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 APVMA, having regard to the confidential nature of any submissions or evidence or for any other reason, may direct that a part of a hearing be in private and may determine who may be present.

             (5)  The APVMA 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 a direction given under subsection (5).

Penalty:  50 penalty units.

          (6A)  Subsection (6) does not apply if the person has a reasonable excuse.

Note:          The defendant bears an evidential burden in relation to the matter in subsection (6A). See subsection 13.3(3) of the Criminal Code.

          (6B)  An offence under subsection (6) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

             (7)  If the APVMA directs that a part of a hearing be in private, a person must not be present at that part of the hearing unless he or she:

                     (a)  is a Board member, or the Chief Executive Officer, of the APVMA; or

                     (b)  is a member of the staff of the APVMA that the APVMA has authorised to be present; or

                     (c)  is entitled to be present because of a determination under subsection (4).

Penalty:  50 penalty units.

          (7A)  Subsection (7) does not apply if the person has a reasonable excuse.

Note:          The defendant bears an evidential burden in relation to the matter in subsection (7A). See subsection 13.3(3) of the Criminal Code.

             (8)  At a hearing the APVMA 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 APVMA is not bound by the rules of evidence.

69EQ  Self‑incrimination to be a reasonable excuse for non‑compliance with requirement

                   It is a reasonable excuse for a person to refuse or fail to give information, produce a document or do any other thing that the person is required to do by or under Part 7A, 7AA or this Part that the information, the production of the document or the doing of that other thing would tend to incriminate the person.

69ER  False or misleading information or document

             (1)  A person commits an offence if, for the purposes of, or in connection with, the making of a decision by the APVMA as to whether it should give a consent under section 69B, the person:

                     (a)  gives information (whether orally or in writing) that the person knows to be false or misleading in a material particular; or

                     (b)  produces a document that the person knows to be false or misleading in a material particular without:

                              (i)  indicating to the person to whom the document is produced that it is false or misleading and the respect in which it is false or misleading; and

                             (ii)  providing correct information to that person if the person producing the document is in possession of, or can reasonably acquire, the correct information.

Penalty:  300 penalty units.

             (2)  A person commits an offence if, in compliance or purported compliance with a requirement made by an inspector under Part 7A, Part 7AA or this Part or for the purposes of, or in connection with, any provision of Part 7A (other than section 69B), Part 7AA or this Part, the person:

                     (a)  gives information (whether orally or in writing) that the person knows to be false or misleading in a material particular; or

                     (b)  produces a document that the person knows to be false or misleading in a material particular without:

                              (i)  indicating to the person to whom the document is produced that it is false or misleading and the respect in which it is false or misleading; and

                             (ii)  providing correct information to that person if the person producing the document is in possession of, or can reasonably acquire, the correct information.

Penalty:  60 penalty units.

69ES  Evidential certificates

             (1)  This section has effect for the purposes of any proceeding before a court or tribunal or an authority or person having power to require the production of documents or the answering of questions, other than a proceeding for an offence that is directly punishable by imprisonment.

             (2)  A certificate that states a matter referred to in subsection (3) is evidence of that matter if it is signed by the Chief Executive Officer of the APVMA, or by a member of the staff of the APVMA whom the APVMA has authorised to give certificates under this section.

             (3)  The matters that may be stated in a certificate referred to in subsection (2) are as follows:

                     (a)  that a substance referred to in the certificate was, or was not, at a particular time, or during a particular period, an active constituent, or an approved active constituent, for a proposed or existing chemical product;

                     (b)  that a chemical product referred to in the certificate was, or was not, at a particular time, or during a particular period, a chemical product or a registered chemical product;

                     (c)  that a person named in the certificate was an inspector at a particular time or during a particular period;

                     (d)  that a notice, direction or requirement referred to in the certificate was given at a particular time to a particular person under this Part;

                     (e)  any matter that could be stated in a certificate given under section 149 of any of the Agvet Codes.

             (4)  Unless the contrary is proved, a document purporting to be a certificate referred to in subsection (2) is taken to be such a certificate and to have been duly given.

69ET  Forfeiture

             (1)  If a person is convicted of an offence against Part 7A, 7AA or this Part in respect of a thing that the court finds to be the property of that person, the court may order all or any part of the thing to be forfeited to the APVMA.

             (2)  If the court makes an order under subsection (1) in respect of, or in respect of part of, a thing, the thing, or that part of the thing, as the case may be, becomes the property of the APVMA and may be dealt with or disposed of in any manner that the APVMA considers appropriate.

69EU  Conduct by directors, employees and agents

             (1)  Subject to subsection (2), in proceedings against a body corporate for an offence against Part 7A, 7AA or this Part:

                     (a)  any conduct engaged in by a director, employee or agent of the body corporate within the actual or apparent scope of his or her employment or within his or her actual or apparent authority is taken to have been engaged in also by the body corporate; and

                     (b)  it is taken to be established that conduct (the relevant conduct) was engaged in by the body corporate intentionally, knowingly or recklessly if it is proved:

                              (i)  that the directors of the body corporate intentionally, knowingly or recklessly engaged in the relevant conduct or expressly, tacitly or impliedly authorised or permitted the relevant conduct to be engaged in; or

                             (ii)  that an employee or agent of the body corporate with duties of such responsibility that his or her conduct may fairly be assumed to represent the policy of the body corporate intentionally, knowingly or recklessly engaged in the relevant conduct or expressly, tacitly or impliedly authorised or permitted the relevant conduct to be engaged in.

             (2)  Subparagraph (1)(b)(ii) does not apply if the body corporate proves that it exercised due diligence to prevent the relevant conduct.

             (3)  Subject to subsection (4), in proceedings against an individual for an offence against Part 7A, 7AA or this Part:

                     (a)  any conduct engaged in by an employee or agent of the individual within the actual or apparent scope of his or her employment or within his or her actual or apparent authority is taken to have been engaged in also by the individual; and

                     (b)  it is taken to be established that conduct (the relevant conduct) was engaged in by the individual intentionally, knowingly or recklessly if it is proved that an employee or agent of the individual with duties of such responsibility that his or her conduct may fairly be assumed to represent the policy of the individual intentionally, knowingly or recklessly engaged in the relevant conduct or expressly, tacitly or impliedly authorised or permitted the relevant conduct to be engaged in.

             (4)  Paragraph (3)(b) does not apply if the individual proves that he or she exercised due diligence to prevent the relevant conduct.

             (5)  If:

                     (a)  an individual is convicted of an offence against Part 7A, 7AA or this Part; and

                     (b)  the individual would not have been convicted of that offence if subsections (3) and (4) had not been enacted;

the individual is not liable to be punished by imprisonment for that offence.

             (6)  A reference in this section to engaging in conduct includes a reference to failing or refusing to engage in conduct.

Part 7BModification of the Agvet Codes for the purpose of giving effect to paragraph 3 of Article 39 of the TRIPS Agreement

  

69EV  Definitions

             (1)  In this Part:

current application has the meaning given by section 69EX.

information includes, but is not limited to, information obtained from trials or laboratory experiments.

previous application has the meaning given by section 69EX.

relevant information has the meaning given by section 69EX.

             (2)  Expressions used in this Part that are defined or otherwise used in the Code set out in the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994 have the same meanings as in that Code.

69EW  Modification of Agvet Codes

             (1)  This Part modifies the Agvet Codes for the purpose of giving effect to Australia’s obligations under paragraph 3 of Article 39 of the Agreement on Trade‑Related Aspects of Intellectual Property Rights set out in Annex 1C to the Marrakesh Agreement establishing the World Trade Organization, done at Marrakesh on 15 April 1994.

Note:          The English text of the Marrakesh Agreement establishing the World Trade Organization is set out in Australian Treaty Series 1995 No. 8.

             (2)  The Agvet Codes have effect subject to this Part.

69EX  Application of Part

                   This Part applies to an application (the current application) made to the APVMA after the commencement of this Part for approval of an active constituent for a proposed or existing chemical product where:

                     (a)  the APVMA cannot grant the application without using information (the relevant information) given to the APVMA in connection with a previous application (the previous application) made to the APVMA (other than a previous application made before the commencement of this Part or after the commencement of Division 4A of Part 2 of the Code set out in the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994) for approval of an active constituent for a proposed or existing chemical product; and

                     (b)  the relevant information has not been made publicly available in Australia; and

                     (c)  at the time immediately before the previous application was made, no application had been made to the APVMA for approval of the active constituent to which that application related.

69EY  APVMA not to grant current application except in certain circumstances

                   The APVMA must not grant the current application unless:

                     (a)  the person who made that application:

                              (i)  has given to the APVMA information that makes it unnecessary for the APVMA to use the relevant information in connection with that application; or

                             (ii)  has given to the APVMA evidence that satisfies the APVMA that the person who made the previous application has consented to the APVMA using the relevant information in connection with the current application; or

                     (b)  at least 5 years have elapsed since the previous application was determined by the APVMA or was withdrawn, as the case may be.

69EZ  Approval given in contravention of section 69EY is not invalid but is to be cancelled

             (1)  If:

                     (a)  the APVMA approves an active constituent for a proposed or existing chemical product; and

                     (b)  the APVMA was prohibited by section 69EY from giving the approval;

the approval is not invalid.

             (2)  However, the APVMA must cancel the approval when it finds out that the giving of the approval was prohibited by section 69EY.

69EZA  Power of APVMA to grant multiple approvals to be subject to section 69EY

                   The power of the APVMA under subsection 16(1) of the Agvet Codes to approve the same active constituent for a proposed or existing chemical product on applications made by different persons is subject to section 69EY.

69EZB  Power of APVMA to use information obtained by it for other purposes not to be affected

                   Except as provided by section 69EY, the power of the APVMA under subsection 6C(1) of the Agvet Codes to use information obtained by it from any source for the purpose of performing any of its functions or exercising any of its powers under those Codes is not affected.

Part 8Miscellaneous

  

69F  Appointment of inspectors

             (1)  The APVMA may, by writing, appoint members of its staff, persons engaged under the Public Service Act 1999, or other persons having appropriate qualifications, to be inspectors for the purposes of a relevant law referred to in the document of appointment.

             (2)  If:

                     (a)  a Department of State of a State; or

                     (b)  a Department or administrative unit of the Public Service of a participating Territory; or

                     (c)  an authority of a State or of a participating Territory;

has functions relating to agricultural or veterinary chemicals, the Chief Executive Officer may, by signed writing, authorise officers of the Department, administrative unit or authority to exercise the powers and perform the functions of inspectors for the purposes of a relevant law.

             (3)  An inspector is a Commonwealth officer for the purposes of section 70 of the Crimes Act 1914.

             (4)  The APVMA must cause to be issued to each person who is an inspector for the purposes of a relevant law an identity card which states the name of the person and the fact that the person is an inspector for the purposes of that law and to which is attached a photograph of the person taken within the 3 years before the identity card is issued.

             (5)  A person must, within 14 days of ceasing to be an inspector, return to the APVMA the identity card issued to him or her under this section.

Penalty:  One penalty unit.

          (5A)  Subsection (5) does not apply if the person has a reasonable excuse.

Note:          The defendant bears an evidential burden in relation to the matter in subsection (5A). See subsection 13.3(3) of the Criminal Code.

          (5B)  An offence under subsection (5) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

             (6)  In this section:

relevant law means:

                     (a)  this Act; or

                     (b)  the Agvet Codes; or

                     (c)  any other Act providing for the collection of a levy imposed in respect of the disposal of chemical products.

69G  Approval of analysts

             (1)  The APVMA may, by writing, appoint persons whom it considers to have appropriate qualifications and experience to be approved analysts for the purposes of the Agvet Codes.

             (2)  The APVMA must cause the name, and the address of the place of business, of each approved analyst to be published in the Gazette.

69H  Exemptions from liability for damages

             (1)  Subject to subsection (3), no action, suit or other proceeding for damages lies against the Commonwealth, the APVMA, or any other Commonwealth authority, or a person who is or has been an officer or employee of the Commonwealth, of the APVMA or of any other Commonwealth authority, or is or has been a delegate of the APVMA, a director of the APVMA, a consultant to the APVMA, an inspector, or a mediator or arbitrator appointed by the APVMA under any of the Agvet Codes, for any loss or injury directly or indirectly suffered as a result of:

                     (a)  the handling of an approved active constituent for a proposed or existing chemical product; or

                     (b)  the handling of a registered chemical product or a reserved chemical product; or

                     (c)  the handling of an active constituent for a proposed or existing chemical product, or of a chemical product, in respect of which a permit or exemption has been issued or given by the APVMA; or

                     (d)  an inability to use, or to use in a particular manner, an active constituent for a proposed or existing chemical product:

                              (i)  because an approval, permit or exemption permitting its use, or permitting its use in that manner, has been refused by the APVMA or such an approval, permit or exemption that was previously granted by the APVMA has been suspended or cancelled; or

                             (ii)  because its use, or its use in that manner, is precluded by the conditions of an approval, permit or exemption; or

                     (e)  an inability to use, or to use in a particular manner, a chemical product:

                              (i)  because a registration, permit or exemption permitting its use, or permitting its use in that manner, has been refused by the APVMA or such a registration, permit or exemption that was previously granted by the APVMA has been suspended or cancelled; or

                             (ii)  because its use, or its use in that manner, is precluded by the conditions of a registration, permit or exemption; or

                      (f)  the carrying out of a step in the manufacture of a chemical product in respect of which a licence has been issued by the APVMA; or

                     (g)  an inability to carry out, or to carry out in a particular manner or at particular premises, a step in the manufacture of a chemical product:

                              (i)  because a licence to carry out that step, or to carry out that step in that manner or at those premises, has been refused by the APVMA or such a licence that was previously granted by the APVMA has been suspended or cancelled; or

                             (ii)  because the carrying out of that step, or the carrying out of that step in that manner or at those premises, is precluded by the conditions of a licence.

             (2)  If an action, suit or other proceeding is brought against a person responsible for the importation, manufacture, supply or handling of:

                     (a)  an approved active constituent for a proposed or existing chemical product; or

                     (b)  a registered chemical product; or

                     (c)  an active constituent for a proposed or existing chemical product, or a chemical product, in respect of which the APVMA has issued a permit or given an exemption; or

                     (d)  a chemical product in respect of a step in the manufacture of which the APVMA has issued a licence;

in relation to any loss or injury directly or indirectly suffered because of the importation, manufacture, supply or handling of the constituent or product, it is not a defence to that action, suit or other proceeding that the APVMA had approved the constituent, registered the product, issued a permit or given an exemption in relation to the constituent or the product, or issued a licence in relation to a step in the manufacture of the product.

             (3)  This section does not affect section 148 of Schedule 2 to the Competition and Consumer Act 2010, as that section applies as a law of the Commonwealth.

             (4)  Expressions used in this section have the same meanings as in the Code set out in the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994.

69HA  Protection of inspectors etc.

                   An inspector, a person assisting an inspector, or other member of the staff of the APVMA, is not liable to any proceedings relating to an act done, or omitted to be done, in good faith in the performance or purported performance of a function, or in the exercise or purported exercise of a power, conferred on the inspector, person or member by this Act or the Code set out in the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994.

69J  Documents or substances held by APVMA at commencement of Agvet Codes

                   Any documents or substances that were in the possession or custody of the APVMA under the Agricultural and Veterinary Chemicals Act 1988 immediately before the repeal of that Act are taken to be in the possession or custody of the APVMA under the Agvet Codes.

70  Acts done by APVMA

             (1)  A certificate that:

                     (a)  purports to be signed by:

                             (ii)  the Chief Executive Officer; or

                            (iii)  another person authorised by the APVMA to sign certificates for the purposes of this subsection; and

                     (b)  states any of the following:

                              (i)  that the APVMA has done any act or thing or formed any opinion;

                             (ii)  that a substance referred to in a certificate was, or was not, at a particular time, or during a particular period, an active constituent, or an approved active constituent, for a proposed or existing chemical product;

                            (iii)  that a chemical product referred to in the certificate was, or was not, at a particular time, or during a particular period, a chemical product, a registered chemical product or a reserved chemical product;

is, upon mere production, receivable as prima facie evidence of the matters stated in the certificate.

             (2)  A certificate that:

                     (a)  purports to be signed by the Chief Executive Officer; and

                     (b)  states that a named person is authorised by the APVMA to sign certificates for the purposes of subsection (1);

is, upon mere production, receivable as prima facie evidence that the person is so authorised.

71  Delegation by Minister

             (1)  The Minister may, by signed writing, delegate to an officer of, or person employed in, the Department all or any of:

                     (a)  the powers conferred on the Minister under this Act, the Agricultural and Veterinary Chemicals Act 1994, the Agricultural and Veterinary Chemicals Code Act 1994 or the Agvet Codes or the Agvet Regulations; or

                     (b)  the powers expressed to be conferred on the Minister under a law of a State relating to agricultural or veterinary chemicals.

             (2)  A delegate of the Minister is, in the exercise of the delegate’s delegated powers, subject to the Minister’s directions.

72  Review of Agvet Scheme every 10 years

             (1)  The Minister must ensure that, at least every 10 years, there is a review of the operation of the following Acts, and any instruments made under those Acts:

                     (a)  the Agricultural and Veterinary Chemical Products (Collection of Levy) Act 1994;

                     (b)  the Agricultural and Veterinary Chemical Products Levy Imposition (Customs) Act 1994;

                     (c)  the Agricultural and Veterinary Chemical Products Levy Imposition (Excise) Act 1994;

                     (d)  the Agricultural and Veterinary Chemical Products Levy Imposition (General) Act 1994;

                     (e)  the Agricultural and Veterinary Chemicals Act 1994;

                      (f)  the Agricultural and Veterinary Chemicals (Administration) Act 1992;

                     (g)  the Agricultural and Veterinary Chemicals Code Act 1994.

             (2)  The Minister may include any related matter in the review.

             (3)  At least one of the persons conducting the review must not be otherwise appointed, employed or engaged by the Commonwealth.

             (4)  The review must include a request for, and consideration of, submissions from members of the public.

             (5)  The Minister must cause a written report of the review to be laid before each House of the Parliament within 15 sitting days of the House after:

                     (a)  for the first review under this section—the tenth anniversary of the commencement of this section; and

                     (b)  for later reviews—the tenth anniversary of the day on which the written report of the immediately preceding review was laid before each House of the Parliament.

73  Regulations

                   The Governor‑General may make regulations 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.

Part 9Transitional provisions

  

74  Staff

             (1)  A person who:

                     (a)  immediately before the commencement of this Act was an officer or temporary employee under the Public Service Act 1922; and

                     (b)  from and including that commencement is employed by the APVMA;

is taken, subject to any determination or determinations made by the APVMA under subsection 45(2), to be engaged on the same terms and conditions, and to be subject to the same industrial award, as in force from time to time, as applied to the person immediately before that commencement.

             (2)  Before making a determination under subsection 45(2) affecting persons mentioned in subsection (1) of this section, the APVMA must consult fully with organisations representing such persons for industrial relations purposes.

75  Transfers of certain assets to APVMA

             (1)  The Minister may cause to be transfered to the APVMA any assets held by the Commonwealth that the Minister considers appropriate to be transferred to the APVMA for the performance of its functions and the exercise of its powers.

             (2)  Subsection (1) does not prevent the Commonwealth from transferring any asset to the APVMA otherwise than under that subsection.

             (3)  If, immediately before the transfer:

                     (a)  a right of the Commonwealth arising out of a debt, liability or obligation of any other person in favour of the Commonwealth existed in respect of the assets; or

                     (b)  a debt, liability or obligation of the Commonwealth existed in respect of the assets;

the right, debt, liability or obligation, as the case may be, of the Commonwealth is, by force of this section, transferred to the APVMA.

             (4)  If, immediately before the transfer:

                     (a)  proceedings by the Commonwealth were pending in a court; and

                     (b)  the proceedings related to such a debt, liability or obligation;

then, to the extent that the proceedings so relate, they may be continued by the APVMA and the APVMA is to be substituted for the Commonwealth.

76  Agreements etc.—Minister may make arrangements

                   The Minister may, by signed writing, declare that a specified agreement or a specified instrument:

                     (a)  to which the Commonwealth or the Commonwealth Government is a party; and

                     (b)  that immediately before the commencement of this Act related to chemical products;

has effect, after that commencement, as if:

                     (c)  the APVMA were substituted for the Commonwealth or the Commonwealth Government, as the case may be, as a party to the agreement or instrument; and

                     (d)  any reference in the agreement or instrument to the Commonwealth or the Commonwealth Government were (except in relation to matters that occurred before that commencement) a reference to the APVMA;

and, if the Minister makes such a declaration, it has effect accordingly.

78  Money paid in advance to Commonwealth

                   If:

                     (a)  a function of the APVMA was formerly performed by the Department; and

                     (b)  an amount received by the Commonwealth is or includes an amount paid in advance on account of anything to be done by the Commonwealth under that function; and

                     (c)  that thing was not done by the Commonwealth before the commencement of this Act;

there is payable to the APVMA by the Commonwealth an amount that the Minister, having regard to all matters that he or she considers relevant, determines in writing as being payable because of the receipt of the first‑mentioned amount.

79  Rights in respect of services and facilities formerly provided by Department

             (1)  If, immediately before the commencement of this Act:

                     (a)  a function of the APVMA was being performed by the Department; and

                     (b)  a right of the Commonwealth existed, arising out of a debt, liability or obligation of any other person in favour of the Commonwealth in respect of a service or facility provided by the Department in the performance of that function;

the right of the Commonwealth is transferred to the APVMA, by force of this section, to the extent determined in writing by the Minister and the Minister for Finance.

             (2)  If, immediately before the commencement of this Act:

                     (a)  proceedings by the Commonwealth were pending in a court; and

                     (b)  the proceedings related to such a debt, liability or obligation;

then, to the extent to which the proceedings so relate, they may be continued by the APVMA and the APVMA is to be substituted for the Commonwealth.

             (3)  In subsection (1):

liability includes liability to pay a fee under the Agricultural and Veterinary Chemicals Act 1988, whether or not an invoice was issued, or a demand made, in respect of the fee before the commencement of this Act.

80  Delegations

                   A delegation made by the Australian Agricultural and Veterinary Chemicals Council to a person of all or any of its powers or functions under the Agricultural and Veterinary Chemicals Act 1988 that was in force immediately before the commencement of this Act is taken to be a delegation duly made by the APVMA to that person under section 11 of this Act of the corresponding powers or functions of the APVMA.


Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Endnotes about misdescribed amendments and other matters are included in a compilation only as necessary.

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

Endnote 2—Abbreviation key

 

A = Act

o = order(s)

ad = added or inserted

Ord = Ordinance

am = amended

orig = original

amdt = amendment

par = paragraph(s)/subparagraph(s)

c = clause(s)

    /sub‑subparagraph(s)

C[x] = Compilation No. x

pres = present

Ch = Chapter(s)

prev = previous

def = definition(s)

(prev…) = previously

Dict = Dictionary

Pt = Part(s)

disallowed = disallowed by Parliament

r = regulation(s)/rule(s)

Div = Division(s)

Reg = Regulation/Regulations

exp = expires/expired or ceases/ceased to have

reloc = relocated

    effect

renum = renumbered

F = Federal Register of Legislative Instruments

rep = repealed

gaz = gazette

rs = repealed and substituted

LI = Legislative Instrument

s = section(s)/subsection(s)

LIA = Legislative Instruments Act 2003

Sch = Schedule(s)

(md) = misdescribed amendment can be given

Sdiv = Subdivision(s)

    effect

SLI = Select Legislative Instrument

(md not incorp) = misdescribed amendment

SR = Statutory Rules

    cannot be given effect

Sub‑Ch = Sub‑Chapter(s)

mod = modified/modification

SubPt = Subpart(s)

No. = Number(s)

underlining = whole or part not

 

    commenced or to be commenced

 

Endnote 3—Legislation history

 

Act

Number and year

Assent

Commencement

Application, saving and transitional provisions

Agricultural and Veterinary Chemicals (Administration) Act 1992

262, 1992

24 Dec 1992

15 June 1993 (see Gazette 1993, No. GN22)

 

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

Agricultural and Veterinary Chemicals (Consequential Amendments) Act 1994

37, 1994

15 Mar 1994

15 Mar 1995 (see s. 2)

Agricultural and Veterinary Chemicals (Administration) Amendment Act 1994

76, 1994

21 June 1994

1 July 1994 (see s. 2(1) and Gazette 1994, No. S222)

Primary Industries and Energy Legislation Amendment Act 1994

94, 1994

29 June 1994

s. 11: (a)

Customs, Excise and Bounty Legislation Amendment Act 1995

85, 1995

1 July 1995

s. 12: 1 July 1995 (b)

Primary Industries and Energy Legislation Amendment Act (No. 2) 1996

59, 1996

20 Nov 1996

Schedule 2: Royal Assent

Audit (Transitional and Miscellaneous) Amendment Act 1997

152, 1997

24 Oct 1997

Schedule 2 (items 142–151): 1 Jan 1998 (see Gazette 1997, No. GN49) (c)

Primary Industries and Energy Legislation Amendment Act (No. 1) 1998

102, 1998

30 July 1998

Schedule 1 (items 1, 2): 30 July 1998

Agriculture, Fisheries and Forestry Legislation Amendment Act (No. 1) 1999

4, 1999

31 Mar 1999

31 Mar 1999

Public Employment (Consequential and Transitional) Amendment Act 1999

146, 1999

11 Nov 1999

Schedule 1 (items 58–61): 5 Dec 1999 (see Gazette 1999, No. S584) (d)

Corporate Law Economic Reform Program Act 1999

156, 1999

24 Nov 1999

Schedule 10 (item 12): 13 Mar 2000 (see Gazette 2000, No. S114) (e)

Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000

137, 2000

24 Nov 2000

Schedule 2 (items 22, 418, 419): 24 May 2001

Sch. 2 (items 418, 419)

Gene Technology (Consequential Amendments) Act 2000

170, 2000

21 Dec 2000

22 June 2001 (see s. 2)

Agriculture, Fisheries and Forestry Legislation Amendment (Application of Criminal Code) Act 2001

115, 2001

18 Sept 2001

16 Oct 2001

s. 4

Agricultural and Veterinary Chemicals Legislation Amendment Act 2003

13, 2003

8 Apr 2003

s. 4 and Schedule 2: 8 Oct 2003

Sch. 2 (items 6, 8)

Agricultural and Veterinary Chemicals (Administration) Amendment Act 2004

12, 2004

11 Mar 2004

12 Mar 2004

Agricultural and Veterinary Chemicals Legislation Amendment (Name Change) Act 2004

79, 2004

23 June 2004

Schedule 1 (items 7–131): 30 July 2004 (see Gazette 2004, No. GN30)

US Free Trade Agreement Implementation Act 2004

120, 2004

16 Aug 2004

Schedule 2 (item 2): 1 Jan 2005

Financial Framework Legislation Amendment Act 2005

8, 2005

22 Feb 2005

s. 4, Schedule 1 (items 72, 73, 496) and Schedule 2 (items 13–20, 174): Royal Assent

s. 4, Sch. 1 (item 496) and Sch. 2 (item 174)

Agricultural and Veterinary Chemicals Legislation Amendment (Levy and Fees) Act 2005

42, 2005

1 Apr 2005

Schedule 1 (items 41, 42): Royal Assent

Agricultural and Veterinary Chemicals (Administration) Amendment Act 2007

90, 2007

22 June 2007

Schedules 1 and 2: 1 July 2007
Remainder: Royal Assent

Sch. 2 (items 1–21)

Statute Law Revision Act 2008

73, 2008

3 July 2008

Schedule 1 (item 4): (f)

Trade Practices Amendment (Australian Consumer Law) Act (No. 2) 2010

103, 2010

13 July 2010

Schedule 6 (item 152): 1 Jan 2011

Food Standards Australia New Zealand Amendment Act 2010

121, 2010

17 Nov 2010

Schedule 1 (item 1): 1 Mar 2011 (see F2011L00312)

Acts Interpretation Amendment Act 2011

46, 2011

27 June 2011

Sch 2 (items 46–48) and Sch 3 (items 10, 11): 27 Dec 2011

Sch 3 (items 10, 11)

Agricultural and Veterinary Chemicals Legislation Amendment Act 2013

125, 2013

29 June 2013

Sch 3 (items 18–74) and Sch 6 (items 18–34): 1 July 2014

Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act 2014

62, 2014

30 June 2014

Sch 5 (items 63–66), Sch 7 (items 80–95), Sch 13 (items 3, 4) and Sch 14 (items 1–4): 1 July 2014 (s 2(1) items 4, 6, 7, 14)

Sch 5 (item 66)
Sch 14 (items 1–4)

as amended by

 

 

 

 

Public Governance and Resources Legislation Amendment Act (No. 1) 2015

36, 2015

13 Apr 2015

Sch 2 (item 7) and Sch 7: 14 Apr 2015 (s 2)

Sch 7

Statute Law Revision Act (No. 1) 2015

5, 2015

25 Feb 2015

Sch 3 (items 12–15): 25 Mar 2015 (s 2(1) item 10)

Public Governance and Resources Legislation Amendment Act (No. 1) 2015

36, 2015

13 Apr 2015

Sch 5 (items 1, 74–77) and Sch 7 (items 1, 2): 14 Apr 2015 (s 2)

Sch 5 (items 74–77) and Sch 7 (items 1, 2)

Customs and Other Legislation Amendment (Australian Border Force) Act 2015

41, 2015

20 May 2015

Sch 7 (item 1): 1 July 2015 (s 2(1) item 2)

(a)             The Agricultural and Veterinary Chemicals (Administration) Act 1992 was amended by section 11 only of the Primary Industries and Energy Legislation Amendment Act 1994, subsection 2(3) of which provides as follows:

                   (3)  The amendment of the Agricultural and Veterinary Chemicals (Administration) Act 1992 made by the Schedule commences or is taken to have commenced immediately after the commencement of the Agricultural and Veterinary Chemicals (Consequential Amendments) Act 1994.

                  The Agricultural and Veterinary Chemicals (Consequential Amendments) Act 1994 came into operation on 15 March 1995.

(b)             The Agricultural and Veterinary Chemicals (Administration) Act 1992 was amended by section 12 only of the Customs, Excise and Bounty Legislation Amendment Act 1995, subsection 2(5) of which provides as follows:

                   (5)  Schedules 2 and 3, items 1, 26 to 45, 49 to 53 and 56 and 67 of Schedule 4, Schedule 6, items 6 to 11 of Schedule 7 and Schedules 8 and 10 commence on 1 July 1995.

(c)              The Agricultural and Veterinary Chemicals (Administration) Act 1992 was amended by Schedule 2 (items 142–151) only of the Audit (Transitional and Miscellaneous) Amendment Act 1997, subsection 2(2) of which provides as follows:

                   (2)  Schedules 1, 2 and 4 commence on the same day as the Financial Management and Accountability Act 1997.

(d)             The Agricultural and Veterinary Chemicals (Administration) Act 1992 was amended by Schedule 1 (items 58–61) only of the Public Employment (Consequential and Transitional) Amendment Act 1999, subsections 2(1) and (2) of which provide as follows:

                   (1)  In this Act, commencing time means the time when the Public Service Act 1999 commences.

                   (2)  Subject to this section, this Act commences at the commencing time.

(e)              The Agricultural and Veterinary Chemicals (Administration) Act 1992 was amended by Schedule 10 (item 12) only of the Corporate Law Economic Reform Program Act 1999, subsection 2(2) of which provides as follows:

                   (2)  The following provisions commence on a day or days to be fixed by Proclamation:

                          (a)   section 3;

                          (b)   the items in Schedules 1 to 7 (other than item 18 of Schedule 7);

                           (c)   the items in Schedules 10, 11 and 12.

(f)              Subsection 2(1) (item 5) of the Statute Law Revision Act 2008 provides as follows:

                   (1)  Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

5.  Schedule 1, item 4

Immediately after the commencement of item 51 of Schedule 1 to the Agricultural and Veterinary Chemicals (Administration) Amendment Act 2007.

1 July 2007

Endnote 4—Amendment history

 

Provision affected

How affected

Title.....................................

rs No. 79, 2004

Part 1

 

s 3........................................

am No. 79, 2004

s 4........................................

am No. 37, 1994; No 170, 2000; No 79, 2004; No 8, 2005; No 90, 2007; No 125, 2013; No 62, 2014

s 5........................................

rs. No 37, 1994

s 5A.....................................

ad. No 115, 2001

Part 2

 

Heading to Part 2..................

rs. No 79, 2004

s 6........................................

rs. No 79, 2004

s 7........................................

am Nos. 37 and 94, 1994; No 13, 2003; No 79, 2004; No 121, 2010; No 125, 2013

Note to s. 7(3) .....................

ad No 90, 2007

 

rep No 62, 2014

s 7AA..................................

ad No 90, 2007

 

rep No 62, 2014

s 7AB...................................

ad No 90, 2007

 

rep No 62, 2014

s 7A.....................................

ad No 37, 1994

 

am No 13, 2003; No 79, 2004

s 8........................................

am No 37, 1994; No 79, 2004; No 90, 2007; No 125, 2013

s 8A.....................................

ad No 170, 2000

 

am No 13, 2003; No 79, 2004; No 125, 2013

s 9........................................

am No 79, 2004

Heading to s 9A...................

am No 79, 2004

s 9A.....................................

ad No 37, 1994

 

rs No 59, 1996

 

am No 79, 2004

s 10......................................

am No 37, 1994; No 59, 1996; No 152, 1997; No 79, 2004; No 90, 2007

s. 10A..................................

ad No 90, 2007

 

am No 62, 2014

Heading to s. 11...................

am No 79, 2004

s 11......................................

am No. 146, 1999; No 79, 2004; No 90, 2007; No 125, 2013

Part 3

 

Heading to Part 3..................

rs No. 79, 2004; No 90, 2007

Division 1

 

Heading to Div. 1 of Part 3...

ad No 90, 2007

Heading to s. 12...................

am No 79, 2004

s 12......................................

am No 79, 2004

Note to s 12(1) ....................

ad No 152, 1997

 

am No 79, 2004

 

rep No 90, 2007

Heading to s. 13...................

am No 79, 2004

s. 13.....................................

am No 102, 1998; No 79, 2004

 

rs No 90, 2007

Division 2

 

Heading to Div. 2 of Part 3...

ad No 90, 2007

s 14......................................

am No 102, 1998

 

rs No. 90, 2007

s 15......................................

am No 79, 2004

 

rs No 90, 2007

s. 16.....................................

rs No 90, 2007

Division 3

 

Heading to Div. 3 of Part 3...

ad No 90, 2007

s 17......................................

rs No 90, 2007

s 18......................................

rs No 90, 2007

Note to s 18.........................

am No 46, 2011

s 19......................................

rs No 90, 2007

s 20......................................

rep No 90, 2007

s 21, 22................................

rs No 90, 2007

Heading to s. 23...................

am No 152, 1997

 

rs No 90, 2007

s 23......................................

am No 152, 1997; No 79, 2004

 

rs No 90, 2007; No 62, 2014

s 24..................................... .

am No 152, 1997; No 156, 1999; No 79, 2004

 

rs No 90, 2007

s 25......................................

am No 90, 2007

s 25A...................................

ad No 36, 2015

Division 4

 

Heading to Div. 4 of Part 3...

ad No. 90, 2007

Heading to s. 26...................

am No. 79, 2004

 

rs No. 90, 2007

s. 26.....................................

am No 37, 1994; No. 79, 2004

 

rs No 90, 2007

 

am No 62, 2014

s. 27.....................................

am No 79, 2004

 

rs No 90, 2007

 

am No 62, 2014

Division 5

 

Heading to Div. 5 of Part 3...

ad No 90, 2007

s. 28.....................................

am No 79, 2004; No 90, 2007

s. 29.....................................

am. No 79, 2004

s. 29A..................................

ad. No 90, 2007

s. 30.....................................

am No 79, 2004; No 90, 2007

Part 4

 

s. 31.....................................

am No 79, 2004

s. 32.....................................

am No 37, 1994; No 79, 2004; No 90, 2007

s. 32A..................................

ad. No. 90, 2007

s. 33.....................................

am. No. 79, 2004

 

rs. No. 90, 2007

s. 34.....................................

am. No. 79, 2004; No. 90, 2007

s. 35.....................................

am. No. 79, 2004

 

rs. No. 90, 2007

s. 36.....................................

am. No. 79, 2004

 

rep. No. 90, 2007

ss. 37, 38.............................

am. No. 79, 2004; No. 90, 2007

s. 39.....................................

am. No. 146, 1999

s. 40.....................................

am. No. 79, 2004

 

rs. No. 90, 2007

s. 41.....................................

am. No. 90, 2007

s. 41A..................................

ad. No. 90, 2007

 

am No 62, 2014

Note to s 41A.......................

ad No 62, 2014

s. 42.....................................

am. No. 90, 2007; No 62, 2014

s. 43.....................................

am. No. 13, 2003; No. 79, 2004; No. 90, 2007; No. 46, 2011

Note to s. 43(1) ...................

ad. No. 46, 2011

s. 44.....................................

am. No. 37, 1994; No. 79, 2004

Part 5

 

Heading to Part 5..................

rs. No. 90, 2007

s. 45.....................................

am. No. 79, 2004

 

rs. No. 90, 2007

Heading to s. 46...................

am. No. 79, 2004

s. 46.....................................

am. No. 37, 1994; No. 146, 1999; No. 79, 2004

s. 47.....................................

am. No. 79, 2004

s. 48.....................................

am. No. 79, 2004

 

rep. No. 90, 2007

s. 49.....................................

rep. No. 90, 2007

Part 6

 

s. 50.....................................

am. No. 13, 2003; No. 79, 2004

 

rs. No. 90, 2007

 

rep No 62, 2014

s. 51.....................................

am. No. 37, 1994; No. 79, 2004

 

rs. No. 90, 2007; No 62, 2014

Heading to s. 52...................

am. No. 79, 2004

 

rs. No. 90, 2007; No 62, 2014

s. 52.....................................

am. No. 79, 2004

 

rs. No. 90, 2007; No 62, 2014

ss. 53, 54.............................

am. No. 79, 2004

 

rep. No. 90, 2007

s. 55.....................................

am. No. 13, 2003; No. 79, 2004; No. 90, 2007; No 125, 2013; No 62, 2014

s. 56.....................................

am. No. 79, 2004; No 62, 2014

s. 57.....................................

am. No. 79, 2004; No. 90, 2007; No. 73, 2008

Part 7

 

Part 7...................................

rs. No. 90, 2007

Division 1

 

Div 1 of Pt 7........................

rs No 62, 2014

s. 58.....................................

am. Nos. 37 and 76, 1994; No. 59, 1996; No. 79, 2004; Nos. 8 and 42, 2005

 

rs. No. 90, 2007; No 62, 2014

Heading to s. 59...................

am. No. 79, 2004

 

rs. No. 90, 2007; No 62, 2014

s. 59.....................................

am. No. 79, 2004; No. 8, 2005

 

rs. No. 90, 2007

 

am No 125, 2013

 

rs No 62, 2014

Heading to s. 59A................

am. No. 79, 2004

 

rep. No. 90, 2007

s. 59A..................................

ad. No. 94, 1993

 

am. No. 79, 2004

 

rep. No. 90, 2007

Heading to s. 60...................

am. No. 79, 2004

 

rs. No. 90, 2007

 

rep No 62, 2014

s. 60.....................................

am. No. 79, 2004; No. 8, 2005

 

rs. No. 90, 2007

 

rep No 62, 2014

Division 2

 

s. 61.....................................

rep. No. 152, 1997

 

ad. No. 90, 2007

 

am No 125, 2013

 

rs No 62, 2014

Division 3

 

Heading to s. 62...................

am. No. 79, 2004

 

rs. No. 90, 2007

s. 62.....................................

am. No. 152, 1997; No. 79, 2004

 

rs. No. 90, 2007

ss. 63, 64.............................

am. No. 79, 2004; No. 8, 2005

 

rep. No. 90, 2007

s. 65.....................................

am. No. 79, 2004

 

rep. No. 90, 2007

Heading to s. 66...................

am. No. 79, 2004

 

rep. No. 90, 2007

ss. 66, 67.............................

am. No. 79, 2004

 

rep. No. 90, 2007

Heading to s. 68...................

am. No. 79, 2004

 

rep. No. 90, 2007

ss. 68, 69.............................

am. No. 152, 1997; No. 79, 2004

 

rep. No. 90, 2007

s. 69AA...............................

ad. No. 8, 2005

 

rep. No. 90, 2007

Part 7A

 

Part 7A ................................

ad. No. 37, 1994

Division 1

 

s. 69A..................................

ad. No. 37, 1994

 

am No 125, 2013

Division 2

 

Sdiv A

 

hdg to Sdiv A of Div 2 ........
of Pt 7A

ad No 125, 2013

s. 69B..................................

ad. No. 37, 1994

 

am. No. 85, 1995; No. 115, 2001; No. 13, 2003; No. 79, 2004; No 125, 2013; No 41, 2015

Sdiv B

 

hdg to Sdiv B of Div 2 ........
of Pt 7A

ad No 125, 2013

s. 69CA................................

ad. No. 12, 2004

s. 69CB................................

ad. No. 12, 2004

s. 69CC................................

ad. No. 12, 2004

hdg to s 69CD......................

rs No 125, 2013

s. 69CD................................

ad. No. 12, 2004

 

am No 125, 2013

Sdiv C

 

hdg to Sdiv C of Div 2 ........
of Pt 7A

ad No 125, 2013

Heading to s. 69C.................

am. No. 59, 1996

 

rs. No. 12, 2004

Subhead. to s. 69C(2) .........

ad. No. 12, 2004

Subhead. to s. 69C(5) .........

ad. No. 12, 2004

s. 69C..................................

ad. No. 37, 1994

 

am. No. 59, 1996; No. 115, 2001; No. 12, 2004

Sdiv D

 

hdg to Sdiv D of Div 2 ........
of Pt 7A

ad No 125, 2013

s. 69D..................................

ad. No. 37, 1994

 

am. No. 59, 1996; No. 79, 2004; No 125, 2013

Sdiv E

 

hdg to Sdiv E of Div 2 ........
of Pt 7A

ad No 125, 2013

s. 69E..................................

ad. No. 37, 1994

 

am. No. 59, 1996; No. 115, 2001; No. 79, 2004; No 125, 2013

Subheads. to s. 69EA(1), (2) ............................................

ad. No. 12, 2004

s. 69EA................................

ad. No. 37, 1994

 

am. No. 115, 2001; Nos. 12 and 79, 2004; No 125, 2013

s. 69EAA.............................

ad. No. 12, 2004

 

am. No. 79, 2004

Div 3 of Pt 7A......................

rep No 125, 2013

hdg to Div 4 of Pt 7A...........

rep No 125, 2013

Pt 7AA

 

Pt 7AA.................................

ad No 125, 2013

Div 1

 

Sdiv A

 

s 69EAB..............................

ad No 125, 2013

s 69EAC..............................

ad No 125, 2013

s 69EAD..............................

ad No 125, 2013

s 69EAE..............................

ad No 125, 2013

s 69EAF...............................

ad No 125, 2013

s 69EAG..............................

ad No 125, 2013

Sdiv B

 

s 69EAH..............................

ad No 125, 2013

s 69EAJ...............................

ad No 125, 2013

Div 2

 

Sdiv A

 

s. 69EB................................

ad. No. 37, 1994

 

am. No. 115, 2001

 

rs No 125, 2013

s 69EBA..............................

ad No 125, 2013

s 69EBB...............................

ad No 125, 2013

s 69EBC...............................

ad No 125, 2013

s 69EBD..............................

ad No 125, 2013

s 69EBE...............................

ad No 125, 2013

Sdiv B

 

s 69EC.................................

ad. No. 37, 1994

 

rs No 125, 2013

s 69ECA..............................

ad No 125, 2013

Div 3

 

s 69ED.................................

ad. No. 37, 1994

 

rs No 125, 2013

s 69EDA..............................

ad No 125, 2013

s 69EDB..............................

ad No 125, 2013

s 69EDC..............................

ad No 125, 2013

s 69EDD..............................

ad No 125, 2013

s 69EDE..............................

ad No 125, 2013

Div 4

 

s 69EE.................................

ad. No. 37, 1994

 

rs No 125, 2013

s 69EEA..............................

ad No 125, 2013

Div 5

 

s 69EF.................................

ad. No. 37, 1994

 

rs No 125, 2013

s 69EFA...............................

ad No 125, 2013

Div 6

 

s 69EG.................................

ad. No. 37, 1994

 

rs No 125, 2013

s 69EGA..............................

ad No 125, 2013

s 69EGB..............................

ad No 125, 2013

 

am No 62, 2014

s 69EGC..............................

ad No 125, 2013

s 69EGD..............................

ad No 125, 2013

Div 7

 

s 69EH.................................

ad. No. 37, 1994

 

rs No 125, 2013

s 69EHA..............................

ad No 125, 2013

s 69EHB..............................

ad No 125, 2013

s 69EHC..............................

ad No 125, 2013

s 69EHD..............................

ad No 125, 2013

Div 8

 

s 69EI..................................

ad. No. 37, 1994

 

am. No. 79, 2004

 

rs No 125, 2013

Pt 7AB

 

hdg to Pt 7AB.......................

ad No 125, 2013

Div 1

 

Div 1 of Pt 7AB...................

ad No 125, 2013

Sdiv A

 

Sdiv A of Div 1 of Pt 7AB...

ad No 125, 2013

ss. 69EJ...............................

ad. No. 37, 1994

 

rs No 125, 2013

s 69EJA...............................

ad No 125, 2013

s 69EJB................................

ad No 125, 2013

s 69EJC................................

ad No 125, 2013

s 69EJD...............................

ad No 125, 2013

s 69EJE................................

ad No 125, 2013

s 69EJF................................

ad No 125, 2013

s 69EJG...............................

ad No 125, 2013

Sdiv B

 

Sdiv B of Div 1 of Pt 7AB....

ad No 125, 2013

s 69EJH...............................

ad No 125, 2013

s 69EJI.................................

ad No 125, 2013

s 69EJJ.................................

ad No 125, 2013

s 69EJK...............................

ad No 125, 2013

Sdiv C

 

Sdiv C of Div 1 of Pt 7AB....

ad No 125, 2013

s 69EJL................................

ad No 125, 2013

s 69EJM...............................

ad No 125, 2013

s 69EJN...............................

ad No 125, 2013

s 69EJO...............................

ad No 125, 2013

s 69EJP................................

ad No 125, 2013

s 69EJQ...............................

ad No 125, 2013

s 69EJR................................

ad No 125, 2013

s 69EJS................................

ad No 125, 2013

Div 2

 

Div 2 of Pt 7AB...................

ad No 125, 2013

ss. 69EK..............................

ad No 37, 1994

 

rs No 125, 2013

s 69EKA..............................

ad No 125, 2013

s 69EKB..............................

ad No 125, 2013

s 69EKC..............................

ad No 125, 2013

s 69EKD..............................

ad No 125, 2013

s 69EKE..............................

ad No 125, 2013

Div 3

 

Div 3 of Pt 7AB...................

ad No 125, 2013

ss. 69EL..............................

ad. No. 37, 1994

 

rs No 125, 2013

s 69ELA..............................

ad No 125, 2013

Div 4

 

Div 4 of Pt 7AB...................

ad No 125, 2013

ss. 69EM.............................

ad. No. 37, 1994

 

rs No 125, 2013

s 69EMA.............................

ad No 125, 2013

s 69EMB..............................

ad No 125, 2013

s 69EMC..............................

ad No 125, 2013

Div 5

 

Div 5 of Pt 7AB...................

ad No 125, 2013

s. 69EN................................

ad. No. 37, 1994

 

am. No. 115, 2001

 

rs No 125, 2013

s 69ENA..............................

ad No 125, 2013

s 69ENB..............................

ad No 125, 2013

Div 6

 

Div 6 of Pt 7AB...................

ad No 125, 2013

s. 69EO................................

ad. No. 37, 1994

 

rs. No. 13, 2003

 

am. No. 79, 2004

 

rs No 125, 2013

Div 7

 

hdg to Div 7 of Pt 7AB.........

ad No 125, 2013

s. 69EP................................

ad. No. 37, 1994

 

am. No. 115, 2001; No. 79, 2004; No. 90, 2007; No 125, 2013

s. 69EQ................................

ad. No. 37, 1994

 

am No 125, 2013

s. 69ER................................

ad. No. 37, 1994

 

rs No 125, 2013

s. 69ES................................

ad. No. 37, 1994

 

am. No. 13, 2003; No. 79, 2004

s. 69ET................................

ad. No. 37, 1994

 

am. No. 79, 2004; No 125, 2013

s. 69EU................................

ad. No. 37, 1994

 

am No 125, 2013; No 5, 2015

Part 7B

 

Part 7B.................................

ad. No. 4, 1999

ss. 69EV–69EW..................

ad. No. 4, 1999

s. 69EX................................

ad. No. 4, 1999

 

am. Nos. 79 and 120, 2004

Heading to s. 69EY..............

am. No. 79, 2004

ss. 69EY, 69EZ...................

ad. No. 4, 1999

 

am. No. 79, 2004

Heading to s. 69EZA............

am. No. 79, 2004

s. 69EZA.............................

ad. No. 4, 1999

 

am. No. 79, 2004

Heading to s. 69EZB............

am. No. 79, 2004

s. 69EZB..............................

ad. No. 4, 1999

 

am. No. 79, 2004; No 125, 2013

Part 8

 

s. 69F...................................

ad. No. 37, 1994

 

am. No. 146, 1999; No. 137, 2000; No. 115, 2001; No. 79, 2004; No 125, 2013

s. 69G..................................

ad. No. 37, 1994

 

am. No. 79, 2004

s. 69H..................................

ad. No. 37, 1994

 

am. No. 13, 2003; No. 79, 2004; No. 103, 2010; No 125, 2013

s 69HA................................

ad No 125, 2013

Heading to s. 69J..................

am. No. 79, 2004

s. 69J...................................

ad. No. 37, 1994

 

am. No. 79, 2004

Heading to s. 70...................

am. No. 79, 2004

s. 70.....................................

am. No. 13, 2003; No. 79, 2004; No. 90, 2007; No 125, 2013

s. 71.....................................

am. No. 37, 1994

s. 72.....................................

rep No. 8, 2005

 

ad No 125, 2013

Part 9

 

s. 74.....................................

am No. 94, 1993; No 79, 2004

Heading to s. 75...................

am No. 79, 2004

s. 75.....................................

am No 79, 2004

s. 76.....................................

am No. 37, 1994; No 79, 2004

s 77......................................

rep No 125, 2013

ss. 78–80.............................

am No 79, 2004

s. 81.....................................

rep No 152, 1997