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Primary content

A Bill for an Act to amend the law relating to agricultural and veterinary chemicals, and for related purposes
Administered by: Agriculture and Water Resources
For authoritative information on the progress of bills and on amendments proposed to them, please see the House of Representatives Votes and Proceedings, and the Journals of the Senate as available on the Parliament House website.
Registered 25 Oct 2017
Introduced HR 25 Oct 2017
Table of contents.

2016‑2017

 

The Parliament of the

Commonwealth of Australia

 

HOUSE OF REPRESENTATIVES

 

 

 

 

Presented and read a first time

 

 

 

 

Agricultural and Veterinary Chemicals Legislation Amendment (Operational Efficiency) Bill 2017

 

No.      , 2017

 

(Agriculture and Water Resources)

 

 

 

A Bill for an Act to amend the law relating to agricultural and veterinary chemicals, and for related purposes

  

  


Contents

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

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

3............ Schedules............................................................................................ 2

Schedule 1—Amendments                                                                                                3

Part 1—Annual returns and record‑keeping                                                      3

Agricultural and Veterinary Chemical Products (Collection of Levy) Act 1994                3

Agricultural and Veterinary Chemicals (Administration) Act 1992                 6

Part 2—Preliminary assessments                                                                             8

Agricultural and Veterinary Chemicals Code Act 1994                                      8

Part 3—Variation of relevant particulars and conditions                          10

Agricultural and Veterinary Chemicals Code Act 1994                                    10

Part 4—Variation of label approval while approval suspended             11

Agricultural and Veterinary Chemicals Code Act 1994                                    11

Part 5—False and misleading information                                                       13

Agricultural and Veterinary Chemicals (Administration) Act 1992               13

Agricultural and Veterinary Chemicals Code Act 1994                                    14

Part 6—Notification about variation to Maximum Residue Limits Standard      16

Agricultural and Veterinary Chemicals Code Act 1994                                    16

Part 7—Expiry date                                                                                                     17

Agricultural and Veterinary Chemicals Code Act 1994                                    17

Part 8—Other amendments                                                                                      18

Agricultural and Veterinary Chemicals (Administration) Act 1992               18

Agricultural and Veterinary Chemicals Code Act 1994                                    18

 

 


A Bill for an Act to amend the law relating to agricultural and veterinary chemicals, and for related purposes

The Parliament of Australia enacts:

1  Short title

                   This Act is the Agricultural and Veterinary Chemicals Legislation Amendment (Operational Efficiency) Act 2017.

2  Commencement

             (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

Provisions

Commencement

Date/Details

1.  Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

 

2.  Schedule 1, Part 1

The day after this Act receives the Royal Assent.

 

3.  Schedule 1, Part 2

The day after the end of the period of 12 months beginning on the day this Act receives the Royal Assent.

 

4.  Schedule 1, Parts 3, 4 and 5

The day after the end of the period of 3 months beginning on the day this Act receives the Royal Assent.

 

5.  Schedule 1, Parts 6, 7 and 8

The day after this Act receives the Royal Assent.

 

Note:          This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

             (2)  Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3  Schedules

                   Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1Amendments

Part 1Annual returns and record‑keeping

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

1  Subsection 3(1)

Insert:

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

2  After section 34

Insert:

35  Annual returns by interested persons

             (1)  The interested person in relation to a chemical product who is liable to pay levy in respect of leviable disposals of the product that took place anywhere in Australia at any time during a financial year must give the APVMA, before 30 November in the next financial year, a return setting out the total quantity of the chemical product covered by those leviable disposals.

             (2)  Subsection (1) does not apply:

                     (a)  to that interested person in relation to that chemical product and to a financial year if the total quantity of that product covered by those leviable disposals in that year is not more than the quantity prescribed by the regulations for the purposes of this paragraph; or

                     (b)  to a chemical product prescribed by the regulations for the purposes of this paragraph.

Strict liability offence

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

Penalty:  50 penalty units.

Civil penalty

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

Note 1:       For monitoring and investigation powers of inspectors in relation to this Act, see Part 7AA of the Agricultural and Veterinary Chemicals (Administration) Act 1992.

Note 2:       Division 1 of Part 7AB of the Agricultural and Veterinary Chemicals (Administration) Act 1992 provides for pecuniary penalties for contraventions of civil penalty provisions.

Note 3:       For infringement notices, enforceable undertakings and formal warnings in relation to contraventions of subsection (1), see Divisions 2, 3 and 6 of Part 7AB of the Agricultural and Veterinary Chemicals (Administration) Act 1992.

Statement to Department

             (5)  From the returns given to the APVMA in relation to a financial year, the APVMA must give the Secretary of the Department, before the end of the next financial year, a statement setting out the total quantities of each active constituent for each chemical product covered by those returns.

Alternative constitutional bases

             (6)  Without limiting its effect apart from this subsection, this section also has the effect it would have if its operation were expressly confined to:

                     (a)  matters relating to census and statistics; or

                     (b)  acts or omissions of corporations to which paragraph 51(xx) of the Constitution applies; or

                     (c)  acts or omissions taking place in the course of, or in relation to, trade or commerce:

                              (i)  between Australia and places outside Australia; or

                             (ii)  among the States; or

                            (iii)  within a Territory, between a State and a Territory or between 2 Territories; or

                     (d)  acts or omissions taking place in a Territory.

             (7)  A term used in subsection (6) and the Constitution has the same meaning in that subsection as it has in the Constitution.

3  After section 36

Insert:

37  Records to be kept by interested persons

             (1)  The interested person in relation to a chemical product who is liable to pay levy in respect of leviable disposals of the product that took place anywhere in Australia at any time during a financial year must:

                     (a)  keep any records relating to those disposals that are reasonably necessary to enable the APVMA to find out whether section 35 has been complied with; and

                     (b)  retain those records for 6 years.

Strict liability offence

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

Penalty:  50 penalty units.

Civil penalty

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

Note 1:       For monitoring and investigation powers of inspectors in relation to this Act, see Part 7AA of the Agricultural and Veterinary Chemicals (Administration) Act 1992.

Note 2:       Division 1 of Part 7AB of the Agricultural and Veterinary Chemicals (Administration) Act 1992 provides for pecuniary penalties for contraventions of civil penalty provisions.

Note 3:       For infringement notices, enforceable undertakings and formal warnings in relation to contraventions of subsection (1), see Divisions 2, 3 and 6 of Part 7AB of the Agricultural and Veterinary Chemicals (Administration) Act 1992.

Alternative constitutional bases

             (4)  Without limiting its effect apart from this subsection, this section also has the effect it would have if its operation were expressly confined to:

                     (a)  matters relating to census and statistics; or

                     (b)  acts or omissions of corporations to which paragraph 51(xx) of the Constitution applies; or

                     (c)  acts or omissions taking place in the course of, or in relation to, trade or commerce:

                              (i)  between Australia and places outside Australia; or

                             (ii)  among the States; or

                            (iii)  within a Territory, between a State and a Territory or between 2 Territories; or

                     (d)  acts or omissions taking place in a Territory.

             (5)  A term used in subsection (4) and the Constitution has the same meaning in that subsection as it has in the Constitution.

4  Application provisions

(1)       Section 35 of the Agricultural and Veterinary Chemical Products (Collection of Levy) Act 1994, as inserted by this Part, applies in relation to leviable disposals that take place in the 2017‑18 financial year or in a later financial year.

(2)       Section 37 of the Agricultural and Veterinary Chemical Products (Collection of Levy) Act 1994, as inserted by this Part, applies in relation to leviable disposals that take place on or after the commencement of this item.

Agricultural and Veterinary Chemicals (Administration) Act 1992

5  Section 69E

Repeal the section.

6  Subsection 69EA(1) (heading)

Repeal the heading, substitute:

Records relating to compliance with sections 69B and 69C

7  Paragraph 69EA(1)(a)

Omit “69B, 69C and 69E”, substitute “69B and 69C”.

8  Saving provisions

(1)       Despite the repeal of section 69E of the Agricultural and Veterinary Chemicals (Administration) Act 1992 made by this Part, that section, as in force immediately before the commencement of this item, continues to apply on and after that commencement in respect of the following:

                     (a)  the import, manufacture or export of active constituents referred to in paragraph 69E(1)(a) of that Act that occurred in the 2016‑17 financial year or in an earlier financial year;

                     (b)  the import, manufacture or export of chemical products referred to in paragraph 69E(1)(b) of that Act that occurred in the 2016‑17 financial year or in an earlier financial year.

(2)       Despite the amendments of section 69EA of the Agricultural and Veterinary Chemicals (Administration) Act 1992 made by this Part, that section, as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to the keeping and retaining of records in respect of the matters covered by paragraphs (1)(a) and (b) of this item.

Part 2Preliminary assessments

Agricultural and Veterinary Chemicals Code Act 1994

9  Subsection 11(2) of the Code set out in the Schedule

Omit “from the preliminary assessment”, substitute “to the APVMA, after completing a preliminary assessment of the application or after defects in the application have been rectified in response to a notice under subsection (3),”.

10  Subsection 11(3) of the Code set out in the Schedule

Repeal the subsection, substitute:

             (3)  If it appears to the APVMA, after completing a preliminary assessment of the application, that the application does not meet the application requirements but that the defects in the application can reasonably be rectified, the APVMA must, within 14 days, give written notice to the applicant:

                     (a)  stating that the application does not meet the application requirements; and

                     (b)  giving particulars of the defects in the application; and

                     (c)  requiring the defects to be rectified within 1 month.

          (3A)  The APVMA must refuse the application if:

                     (a)  the APVMA is not satisfied that defects in the application can reasonably be rectified; or

                     (b)  the defects are not rectified to the satisfaction of the APVMA within the period mentioned in paragraph (3)(c).

Note:          For notice of refusal, see section 8G.

11  Subsection 28(2) of the Code set out in the Schedule

Omit “from the preliminary assessment”, substitute “to the APVMA, after completing a preliminary assessment of the application or after defects in the application have been rectified in response to a notice under subsection (3),”.

12  Subsection 28(3) of the Code set out in the Schedule

Repeal the subsection, substitute:

             (3)  If it appears to the APVMA, after completing a preliminary assessment of the application, that the application does not meet the application requirements but that the defects in the application can reasonably be rectified, the APVMA must, within 14 days, give written notice to the applicant:

                     (a)  stating that the application does not meet the application requirements; and

                     (b)  giving particulars of the defects in the application; and

                     (c)  requiring the defects to be rectified within 1 month.

          (3A)  The APVMA must refuse the application if:

                     (a)  the APVMA is not satisfied that defects in the application can reasonably be rectified; or

                     (b)  the defects are not rectified to the satisfaction of the APVMA within the period mentioned in paragraph (3)(c).

Note:          For notice of refusal, see section 8G.

13  Subsection 110A(2) of the Code set out in the Schedule

Omit “from the preliminary assessment”, substitute “to the APVMA, after completing a preliminary assessment of the application or after defects in the application have been rectified in response to a notice under subsection (3),”.

14  Subsection 110A(3) of the Code set out in the Schedule

Omit “from the preliminary assessment”, substitute “to the APVMA, after completing a preliminary assessment of the application,”.

15  Application provision

The amendments made by this Part apply in relation to applications lodged under section 10, 27 or 110 of the Code set out in the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994 on or after the commencement of this item.

Part 3Variation of relevant particulars and conditions

Agricultural and Veterinary Chemicals Code Act 1994

16  At the end of subsection 8S(1) of the Code set out in the Schedule (before the note)

Add:

               ; or (c)  varies, under section 29, relevant particulars or conditions in a way other than set out in the application.

17  After paragraph 8S(2)(a) of the Code set out in the Schedule

Insert:

                     (b)  for notice under paragraph (1)(c)—set out the proposed variation; and

18  Paragraphs 29(1)(b), (c) and (d) of the Code set out in the Schedule

Omit “in accordance with the application”, substitute “in a particular way (which may not be the same way as set out in the application)”.

19  After paragraph 167(1)(c) of the Code set out in the Schedule

Insert:

                    (ca)  a decision under subsection 29(1) to vary relevant particulars or conditions in a way other than set out in the application for variation;

20  Application provision

The amendments made by this Part apply in relation to an application lodged under section 27 of the Code set out in the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994 on or after the commencement of this item.

Part 4Variation of label approval while approval suspended

Agricultural and Veterinary Chemicals Code Act 1994

21  Subsection 43(2) of the Code set out in the Schedule

Omit “An”, substitute “Subject to this section, an”.

22  At the end of section 43 of the Code set out in the Schedule

Add:

             (4)  A suspension under section 36 or subsection 41(2) or 44(2) of the approval of a label for containers for a chemical product does not prevent:

                     (a)  the lodging of a notice under section 26AB of one or more notifiable variations of the relevant particulars of the approval or the dealing with the notice; or

                     (b)  an application being made under section 26B for one or more prescribed variations of the relevant particulars of the approval or the dealing with the application; or

                     (c)  an application being made under subsection 27(1) for variation of the relevant particulars or conditions of the approval or the dealing with the application; or

                     (d)  a variation under section 29A of the relevant particulars or conditions of the approval.

             (5)  A notice referred to in paragraph (4)(a), an application referred to in paragraph (4)(b) or (c) or a variation referred to in paragraph (4)(d) must be in relation to the reasons for the suspension of the approval.

23  Subsection 45A(2) of the Code set out in the Schedule

Omit “subsection (1)”, substitute “paragraph (1)(a)”.

24  Paragraph 45A(2)(b) of the Code set out in the Schedule

Omit “in respect of a suspension or cancellation of the approval of an active constituent for a proposed or existing chemical product or the registration of a chemical product—”.

25  Application provisions

(1)       The amendments of section 43 of the Code set out in the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994 made by this Part apply in relation to:

                     (a)  a suspension made on or after the commencement of this item; and

                     (b)  a suspension made before the commencement of this item that was in effect immediately before that commencement.

(2)       The amendments of section 45A of the Code set out in the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994 made by this Part apply in relation to a suspension or cancellation made on or after the commencement of this item.

Part 5False and misleading information

Agricultural and Veterinary Chemicals (Administration) Act 1992

26  Before subsection 69ER(1)

Insert:

Offences

27  At the end of section 69ER

Add:

Civil penalties

             (3)  A person must not, 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:

                     (a)  give information (whether orally or in writing) that the person knows to be false or misleading in a material particular; or

                     (b)  produce 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.

             (4)  A person must not, 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:

                     (a)  give information (whether orally or in writing) that the person knows to be false or misleading in a material particular; or

                     (b)  produce 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.

             (5)  Subsections (3) and (4) are civil penalty provisions.

Note:          Division 1 provides for pecuniary penalties for contraventions of civil penalty provisions.

Agricultural and Veterinary Chemicals Code Act 1994

28  Before subsection 146(1) of the Code set out in the Schedule

Insert:

Offences

29  At the end of section 146 of the Code set out in the Schedule

Add:

Civil penalties

             (3)  A person must not, for the purposes of, or in connection with, the consideration by the APVMA, in the course of the performance of any of its functions or the exercise of any of its powers under this Code, of any matters referred to in section 5A, 5B, 5C or 5D or subsection 123(1):

                     (a)  give information (whether orally or in writing) that the person knows to be false or misleading in a material particular; or

                     (b)  produce 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.

             (4)  A person must not, for the purposes of, or in connection with, the consideration by the APVMA, in the course of the performance of any of its functions or the exercise of any of its powers under this Code, of any matters other than matters referred to in subsection (3):

                     (a)  give information (whether orally or in writing) that the person knows to be false or misleading in a material particular; or

                     (b)  produce 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.

             (5)  Subsections (3) and (4) are civil penalty provisions.

Note:          Division 2 provides for pecuniary penalties for contraventions of civil penalty provisions.

30  Application provision

The amendments made by this Part apply in relation to information given, or a document produced, on or after the commencement of this item.

Part 6Notification about variation to Maximum Residue Limits Standard

Agricultural and Veterinary Chemicals Code Act 1994

31  Paragraph 8E(2)(c) of the Code set out in the Schedule

Repeal the paragraph, substitute:

                     (c)  be given to Food Standards Australia New Zealand before the approval, registration, variation or permit is given, made or issued.

32  Application provision

The amendment made by this Part applies in relation to notifications on or after the commencement of this item.

Part 7Expiry date

Agricultural and Veterinary Chemicals Code Act 1994

33  Section 3 of the Code set out in the Schedule (definition of expiry date)

Omit “should”, substitute “must”.

34  Application provision

The amendment made by this Part applies in relation to a supply referred to in subsection 85(1) or 91(1) or (2) of the Code set out in the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994 that occurs on or after the commencement of this item.

Part 8Other amendments

Agricultural and Veterinary Chemicals (Administration) Act 1992

35  Part 7B

Repeal the Part.

36  Saving provision

Despite the repeal of Part 7B of the Agricultural and Veterinary Chemicals (Administration) Act 1992 made by this Part, section 69EZ of that Act, as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to an approval referred to in that section that was given before that commencement.

Agricultural and Veterinary Chemicals Code Act 1994

37  Subparagraph 8A(a)(v) of the Code set out in the Schedule

Omit “subparagraph.”, substitute “subparagraph; and”.

38  Subsection 46(1) of the Code set out in the Schedule

Omit “relevant file”, substitute “relevant APVMA file”.

39  Paragraph 51(c) of the Code set out in the Schedule

Omit “relevant file”, substitute “relevant APVMA file”.