Agricultural and Veterinary Chemical Products (Collection of Interim Levy) Regulations (Cth)

Statutory Rules 1994

No. 215 1

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Agricultural and Veterinary Chemical Products (Collection of Interim Levy) Regulations

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and under section 4 of the Acts Interpretation Act 1901, make the following Regulations under the Agricultural and Veterinary Chemical Products (Collection of Interim Levy) Act 1994.

Dated 27 June 1994.

 BILL HAYDEN

 Governor-General

 By His Excellency’s Command,

BOB COLLINS

Minister for Primary Industries and Energy

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Citation

 1. These Regulations may be cited as the Agricultural and Veterinary Chemical Products (Collection of Interim Levy) Regulations.

Commencement

 2.These Regulations commence on the same day as the Agricultural and Veterinary Chemical Products (Collection of Interim Levy) Act 1994.

Interpretation

 3.In these Regulations, unless the contrary intention appears, “Act” means the Agricultural and Veterinary Chemical Products (Collection of Interim Levy) Act 1994.

Prescribed laws—section 3 of the Act

 4. For the purposes of:

• (a)

  the definition of “registered” in subsection 3 (1) of the Act; and

• (b)

  subsection 3 (3) of the Act;

each law set out in column 3 of an item in Schedule 1, being a law of the jurisdiction set out in column 2 of that item, is prescribed.

Definition of “rate of levy”—section 9 of the Act

 5. For the purposes of the definition of “rate of levy” in paragraph 9 (c) of the Act, 0.7% is prescribed in respect of the relevant calendar year.

Offence-related warrants

 6. For the purposes of subsection 22 (2) of the Act, the form of warrant in Schedule 2 is prescribed.

SCHEDULE 1Regulation 4

PRESCRIBED LAWS

Column 1 Item	Column 2 Jurisdiction (State or Territory)	Column 3 Law
1.	Australian Capital Territory	Pesticides Act 1989
2.	New South Wales	Pesticides Act 1978 Stock Medicines Act 1989
3.	Northern Territory	Poisons and Dangerous Drugs Act 1983
4.	Queensland	Agricultural Standards Act 1952 Chemical Usage (Agricultural and Veterinary) Control Act 1988 Agricultural Chemicals Distribution Control Act of 1966
5.	South Australia	Agricultural Chemicals Act, 1955 Stock Medicines Act, 1939
6.	Tasmania	Pesticides Act 1968 Veterinary Medicines Act 1987
7.	Victoria	Agricultural Chemicals Act 1958 Animal Preparations Act 1987

SCHEDULE 1—continued

8. Western Australia Health Act 1911 Veterinary Preparations and Animal Feedstuffs Act, 1976

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SCHEDULE 2Regulation 6

COMMONWEALTH OF AUSTRALIA

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

SEARCH WARRANT UNDER SUBSECTION 22 (2)

TO (name and address of inspector), an inspector within the meaning of subsection 3 (1) of the Agricultural and Veterinary Chemical Products (Collection of Interim Levy) Act 1994 (“the Act”):

This warrant is issued on the basis that:

• (a)

  I am satisfied, by information on oath, that there are reasonable grounds for suspecting that there is, or may be within the next 72 hours, at the premises mentioned below, a particular thing that may be evidence of the commission of an offence against the Act; and

• (b)

  I have been given, either orally or by affidavit, the further information (if any) that I required about the grounds on which the issue of this warrant is being sought.

The purpose for which this warrant is issued is to authorise you to do each of the matters set out below in relation to the following offence, namely (state nature of the offence in relation to which the entry and search are authorised).

SCHEDULE 2—continued

This warrant authorises you, with any help, and using any force, that is necessary and reasonable, * at any time of the day or night / * during the following hours of the day or night (specify the hours):

• (a)

  to enter the premises at (address); and

• (b)

  to search the premises for the particular thing, namely (specify theparticular thing) that may be evidence of the commission of the offence; and

• (c)

  if you find the thing—seize the thing.

THIS WARRANT CEASES TO HAVE EFFECT ON (date not later than7 days after the day of issue of the warrant).

Issued by me (full name and designation of magistrate).

On (date).

(signature of magistrate)

* Omit whichever is inapplicable.

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NOTE

1. Notified in the Commonwealth of Australia Gazette