Agricultural and Veterinary Chemicals (Administration) Act 1992 (Cth)
This is a compilation of the
The notes at the end of this compilation (the
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register ( 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 Register for the compiled law.
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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 Register for the compiled law.
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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
This Act may be cited as the
Agricultural and Veterinary Chemicals (Administration) Act 1992 .
(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.
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.
In this Act, unless the contrary intention appears:
appointed Board member means a Board member other than the Chief Executive Officer.
APVMA means the Australian Pesticides and Veterinary Medicines Authority continued in existence by section 6.
Board means the Board of the APVMA established by section 14.
Board member means a member of the Board.
Chair means the Chair of the 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 theAgricultural 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 theAgricultural 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 theAgricultural and Veterinary Chemicals Code Act 1994 .
data has the same meaning as in the Code set out in the Schedule to theAgricultural 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 thePublic Governance, Performance and Accountability Act 2013 .
Gene Technology Regulator has the same meaning as in theGene Technology Act 2000 .
GM product has the same meaning as in theGene 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 theAgricultural and Veterinary Chemicals Code Act 1994 .
paid work means work for financial gain or reward (whether as an employee, a self‑employed person or otherwise).
participating Territory has the same meaning as in theAgricultural 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 theAgricultural 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.
This Act extends to every external Territory that is a participating Territory.
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.
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.
(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 supply 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.
(1) The APVMA must, by legislative instrument, approve standards for residues of chemical products in protected commodities.
(2) In this section:
protected commodity has the same meaning as in the Agvet Code.
(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.
(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 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 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 .
(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.
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.
(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 Board 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.
(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.
(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.
The Board of the APVMA is established by this section.
(1) The functions of the Board are:
(a) to ensure the proper, efficient and effective performance of the APVMA’s functions; and
(b) to determine objectives, strategies and policies to be followed by the APVMA; and
(c) to do anything incidental to or conducive to the performance of the functions referred to in paragraph (a) or (b).
(2) In determining objectives, strategies and policies to be followed by the APVMA, the Board must have regard to section 1A of the Code set out in the Schedule to the
Agricultural and Veterinary Chemicals Code Act 1994 .(3) The Board has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.
To avoid doubt, the functions and powers of the Board do not include making decisions under any of the following:
(a) Part 7A, 7AA, 7AB or 8 of this Act;
(b) the Code set out in the Schedule to the
Agricultural and Veterinary Chemicals Code Act 1994 ;(c) regulations made under the
Agricultural and Veterinary Chemicals Code Act 1994 ;(d) the
Agricultural and Veterinary Chemicals Act 1994 ;(e) the
Agricultural and Veterinary Chemical Products (Collection of Levy) Act 1994 .
The Board consists of the following members:
(a) the Chair;
(b) the Chief Executive Officer;
(c) 3 other members.
(1) The appointed Board members are to be appointed by the Minister by written instrument, on a part‑time basis.
Note: An appointed Board member may be reappointed: see section 33AA of the
Acts Interpretation Act 1901 .(2) A person must not be appointed as an appointed Board member unless the Minister is satisfied that the person has appropriate qualifications, skills or experience in one or more of the following fields:
(a) financial management;
(b) law;
(c) risk management;
(d) public sector governance;
(e) science (including agricultural science and veterinary science);
(f) public health or occupational health and safety.
(3) In appointing the appointed Board members, the Minister must ensure, to the extent practicable, that the appointed Board members are an appropriate mix of persons with the qualifications, skills or experience referred to in subsection (2).
(1) An appointed Board member holds office for the period specified in the instrument of appointment. The period must not exceed 4 years.
(2) The appointed Board member is eligible to be reappointed on one occasion after the appointed Board member’s first appointment.
Acting as the Chair (1) The Minister may, by written instrument, appoint an appointed Board member to act as the Chair:
(a) during a vacancy in the office of Chair, whether or not an appointment has previously been made to the office; or
(b) during any period, or during all periods, when the Chair:
(i) is absent from duty or from Australia; or
(ii) is, for any reason, unable to perform the duties of the office.
Note: For rules that apply to acting appointments, see sections 33AB and 33A of the
Acts Interpretation Act 1901 .
Acting as an appointed Board member (except the Chair) (2) The Minister may, by written instrument, appoint a person to act as an appointed Board member (except the Chair):
(a) during a vacancy in the office of an appointed Board member (except the Chair), whether or not an appointment has previously been made to the office; or
(b) during any period, or during all periods, when an appointed Board member (except the Chair):
(i) is absent from duty or from Australia; or
(ii) is, for any reason, unable to perform the duties of the office.
Note: For rules that apply to acting appointments, see sections 33AB and 33A of the
Acts Interpretation Act 1901 .(3) A person is not eligible for appointment under subsection (2) unless the Minister is satisfied that the person has appropriate qualifications, skills or experience in one or more of the fields referred to in subsection 18(2).
(1) An appointed Board member 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 member is to be paid the remuneration that is prescribed by the regulations.
(2) An appointed Board member is to be paid the allowances that are prescribed by the regulations.
(3) This section has effect subject to the
Remuneration Tribunal Act 1973 .
An appointed Board member must not engage in any paid work that, in the Minister’s opinion, conflicts or could conflict with the proper performance of the member’s duties.
(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 any other appointed Board member on the terms and conditions that the Chair determines.
(1) An appointed Board member may resign the member’s appointment by giving the Minister a written resignation.
(2) The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day.
The Minister may terminate the appointment of an appointed Board member:
(a) for misbehaviour; or
(b) if the appointed Board member is unable to perform the duties of the member’s office because of physical or mental incapacity; or
(c) if the appointed Board member:
(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 the member’s creditors; or
(iv) makes an assignment of the member’s remuneration for the benefit of the member’s creditors; or
(d) if the appointed Board member is absent, except on leave of absence, from 3 consecutive meetings of the Board; or
(e) if the appointed Board member engages in paid work that, in the Minister’s opinion, conflicts or could conflict with the proper performance of the member’s duties (see section 22); or
(f) if the Minister is satisfied that the appointed Board member’s performance has been unsatisfactory.
Note: The appointment of an appointed Board member 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).
An appointed Board member holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.
(1) The Board must hold such meetings as are necessary for the efficient performance of its functions.
(2) The Chair:
(a) may convene a meeting at any time; and
(b) must convene at least 4 meetings each calendar year; and
(c) must convene a meeting within 30 days after receiving a written request to do so from another Board member.
(1) The Chair must preside at all meetings at which the Chair is present.
(2) If the Chair is not present at a meeting, the other Board members present must appoint one of themselves to preside.
(1) At a meeting of the Board, a quorum is constituted by a majority of Board members.
(2) However, if:
(a) a Board member is required by rules made for the purposes of section 29 of the
Public Governance, Performance and Accountability Act 2013 not to be present during the deliberations, or to take part in any decision, of the Board with respect to a particular matter; and(b) when the Board member leaves the meeting concerned there is no longer a quorum present;
the remaining Board members at the meeting constitute a quorum for the purpose of any deliberation or decision at that meeting with respect to that matter.
(1) A question arising at a meeting of the Board is to be determined by a majority of the votes of the Board members present and voting.
(2) The person presiding at the meeting of the Board has a deliberative vote and, if the votes are equal, a casting vote.
The Board may, subject to this Subdivision, regulate proceedings at its meetings as it considers appropriate.
Note: Section 33B of the
Acts Interpretation Act 1901 contains further information about the ways in which Board members may participate in meetings.
(1) The Board must keep minutes of its meetings.
(2) The Board must give the Secretary of the Department a copy of the minutes, and the Board papers, from each meeting within 20 business days of the meeting.
(1) The Board is taken to have made a decision at a meeting if:
(a) without meeting, a majority of the Board members entitled to vote on the proposed decision indicate agreement with the decision; and
(b) that agreement is indicated in accordance with the method determined by the Board under subsection (2); and
(c) all the Board members were informed of the proposed decision, or reasonable efforts were made to inform all the Board members of the proposed decision.
(2) Subsection (1) applies only if the Board:
(a) has determined that it may make decisions of that kind without meeting; and
(b) has determined the method by which Board members are to indicate agreement with proposed decisions.
(3) For the purposes of paragraph (1)(a), a Board member is not entitled to vote on a proposed decision if the Board member would not have been entitled to vote on that proposal if the matter had been considered at a meeting of the Board.
(4) The Board must keep a record of decisions made in accordance with this section.
(5) The Board must give the Secretary of the Department details of each decision made in accordance with this section within 20 business days of the decision being made.
(1) The Minister may give written directions to the Board about the performance of its functions or the exercise of its powers.
(2) The Board must comply with a direction under subsection (1).
(3) Subsection (2) does not apply to the extent that the direction relates to the Board’s performance of functions or exercise of powers under the
Public Governance, Performance and Accountability Act 2013 in relation to the APVMA.(4) The Minister must not give a direction to the Board unless:
(a) the Minister has given the Board a written notice stating that the Minister is considering giving the direction; and
(b) the Minister has given the Board an adequate opportunity to discuss with the Minister the need for the proposed direction.
(5) A direction under subsection (1) is a notifiable instrument.
(6) The Minister must cause a copy of a direction under subsection (1) to be laid before each House of the Parliament within 15 sitting days of giving the direction.
The Board must give the Secretary of the Department a copy of each document requested by the Secretary of the Department within 20 business days of the request being made.
(1) The Board may establish committees to assist it in the performance of its functions or 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 Board determines.
(3) The Board may determine:
(a) the committee’s terms of reference; and
(b) the terms and conditions of appointment of the members of the committee; and
(c) the procedures to be followed by the committee.
(4) The members of the committee (other than Board members) are not officials for the purposes of the
Public Governance, Performance and Accountability Act 2013 .
(1) The Minister must cause a review to be conducted of the functions and operation of the Board.
(2) The review must be completed before the end of the period of 4 years beginning on the day this section commences.
(3) At any time after the review referred to in subsection (1) is completed, the Minister may cause a review to be conducted of the functions and operation of the Board.
(4) The person undertaking a review under this section must give the Minister a written report of the review.
(5) The Minister must cause a copy of the report to be tabled in each House of the Parliament within 15 sitting days of that House after the report is given to the Minister.
(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.
(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.
(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.
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.
There is to be a Chief Executive Officer of the APVMA.
(1) The Chief Executive Officer is responsible for the day‑to‑day management and decision making of the APVMA and, in doing this, 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.
(4) The Chief Executive Officer is to act in accordance with the objectives, strategies and policies determined by the Board under paragraph 15(1)(b).
(5) The Board may give written directions to the Chief Executive Officer about the performance of the Chief Executive Officer’s duties.
(6) The Chief Executive Officer must comply with a direction under subsection (5).
(7) Subsection (6) does not apply to the extent that the direction relates to the Chief Executive Officer’s performance of functions or exercise of powers under the
Public Service Act 1999 in relation to the APVMA.(8) The Board must not give a direction to the Chief Executive Officer unless:
(a) the Board has given the Chief Executive Officer a written notice stating that the Board is considering giving the direction; and
(b) the Board has given the Chief Executive Officer an adequate opportunity to discuss with the Board the need for the proposed direction.
(9) A direction under subsection (5) is not a legislative instrument.
(1) The Chief Executive Officer is to be appointed by the Board by written instrument, on a full‑time basis.
(1A) Before appointing the Chief Executive Officer, the Board must consult the Minister.
(2) An appointed 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.
The Chief Executive Officer holds office for such period not exceeding 5 years as is agreed in writing between the Board and the Chief Executive Officer, but is eligible for re‑appointment.
(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 Board in writing.
(2) The Chief Executive Officer is to be paid the allowances that are determined by the Board in writing.
(3) Subsections (1) and (2) have effect subject to the
Remuneration Tribunal Act 1973 .
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 Board in writing.
The Chief Executive Officer must not engage in paid work outside the duties of his or her office except with the approval of the Board.
The Chief Executive Officer has such recreation leave entitlements as are determined by the Remuneration Tribunal.
The Board 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 Board determines in writing.
The Chief Executive Officer may resign by giving to the Board a signed notice of resignation.
(1) The Board may terminate the appointment of the Chief Executive Officer:
(a) for misbehaviour; or
(aa) if the Chief Executive Officer is unable to perform the duties of the Chief Executive Officer’s office because of 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 Board’s approval, in paid work 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 Board 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).
(2) Before terminating the appointment of the Chief Executive Officer, the Board must consult the Minister.
(1) The Chief Executive Officer must give written notice to the Board 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).
(1) The Board 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 .
(2) Before appointing a person to act as Chief Executive Officer, the Board must consult the Minister.
(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.
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).
(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.
(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.
(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.
(1) The Board 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 Board.
(1) The Board may, at any time, review a corporate plan and consider whether a variation to the plan is necessary.
(2) The Board must, if requested by the Minister, vary a corporate plan and give the variation to the Minister for approval.
(3) The Board 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.
(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.
(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.
The annual report prepared by the Board and given to the Minister under section 46 of the
Public Governance, Performance and Accountability Act 2013 for a period must include particulars of:
(b) an evaluation of the APVMA’s overall performance during that period against the performance indicators (if any) prescribed by the regulations for the purposes of this paragraph; 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(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; and
(g) any directions given to the Board by the Minister during that period and the impact of the directions on the operations of the APVMA.
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 .
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 .
(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 theCustoms 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.
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.
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.
(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.
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 .
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 .
(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) to the Commonwealth, 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.
(1AA) The APVMA may, on its own initiative, reconsider a decision of the APVMA to refuse to give a certificate under subsection (1).
(1AB) If the APVMA reconsiders the decision, it must:
(a) confirm the decision; or
(b) set aside the decision and give the certificate.
(1AC) The APVMA must give notice of a thing done under subsection (1AB) to the person who applied for the certificate.
(1B) Application may be made to the Administrative Review 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 Review Tribunal Act 2024 , application may be made by or on behalf of a person whose interests are affected by the decision to which the notice relates to the Administrative Review Tribunal for review of the decision; and(b) a person whose interests are affected by the decision may, under section 268 of that Act, request a statement of 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.
Records relating to compliance with sections 69B and 69C (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 and 69C 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.
In this Division:
approved form means a form approved by the Secretary.
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.
(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.
(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.
(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.
(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 theCriminal 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.
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.
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.
(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.
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.
(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.
(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;
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
The abbreviation key sets out abbreviations that may be used in the endnotes.
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.
The
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub‑subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev…) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = | Sch = Schedule(s) |
LIA = | Sdiv = Subdivision(s) |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub‑Ch = Sub‑Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | |
No. = Number(s) | commenced or to be commenced |
Agricultural and Veterinary Chemicals (Administration) Act 1992 | 262, 1992 | 24 Dec 1992 | 15 June 1993: (s 2(1) and gaz 1993, No GN22) | |
Primary Industries and Energy Legislation Amendment Act 1993 | 94, 1993 | 16 Dec 1993 | s 8, 9: 16 Dec 1993 (s 2(1)) | — |
Agricultural and Veterinary Chemicals (Consequential Amendments) Act 1994 | 37, 1994 | 15 Mar 1994 | s 4–20: 15 Mar 1995 (s 2) | — |
Agricultural and Veterinary Chemicals (Administration) Amendment Act 1994 | 76, 1994 | 21 June 1994 | 1 July 1994 (s 2(1)) | — |
Primary Industries and Energy Legislation Amendment Act 1994 | 94, 1994 | 29 June 1994 | Sch: 15 Mar 1995 (s 2(3)) | — |
Customs, Excise and Bounty Legislation Amendment Act 1995 | 85, 1995 | 1 July 1995 | Sch 10 (item 3): 1 July 1995 (s 2(5)) | — |
Primary Industries and Energy Legislation Amendment Act (No. 2) 1996 | 59, 1996 | 20 Nov 1996 | Sch 2: 20 Nov 1996 (s 2(1)) | — |
Audit (Transitional and Miscellaneous) Amendment Act 1997 | 152, 1997 | 24 Oct 1997 | Sch 2 (items 142–151): 1 Jan 1998 (s 2(2)) | — |
Primary Industries and Energy Legislation Amendment Act (No. 1) 1998 | 102, 1998 | 30 July 1998 | Sch 1 (items 1, 2): 30 July 1998 (s 2) | — |
Agriculture, Fisheries and Forestry Legislation Amendment Act (No. 1) 1999 | 4, 1999 | 31 Mar 1999 | Sch 1: 31 Mar 1999 (s 2) | — |
Public Employment (Consequential and Transitional) Amendment Act 1999 | 146, 1999 | 11 Nov 1999 | Sch 1 (items 58–61): 5 Dec 1999 (s 2) | — |
Corporate Law Economic Reform Program Act 1999 | 156, 1999 | 24 Nov 1999 | Sch 10 (item 12): 13 Mar 2000 (s 2(2) and gaz 2000, No S114) | — |
Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000 | 137, 2000 | 24 Nov 2000 | Sch 2 (items 22, 418, 419): 24 May 2001 (s 2(3)) | Sch 2 (items 418, 419) |
Gene Technology (Consequential Amendments) Act 2000 | 170, 2000 | 21 Dec 2000 | Sch 1 (items 1–3): 22 June 2001 (s 2) | — |
Agriculture, Fisheries and Forestry Legislation Amendment (Application of Criminal Code) Act 2001 | 115, 2001 | 18 Sept 2001 | s 4 and Sch 1 (items 21–37): 16 Oct 2001 (s 2) | s 4 |
Agricultural and Veterinary Chemicals Legislation Amendment Act 2003 | 13, 2003 | 8 Apr 2003 | s 4 and Sch 2: 8 Oct 2003 (s 2(1) items 2, 3) | Sch 2 (items 6, 8) |
Agricultural and Veterinary Chemicals (Administration) Amendment Act 2004 | 12, 2004 | 11 Mar 2004 | 12 Mar 2004 (s 2) | — |
Agricultural and Veterinary Chemicals Legislation Amendment (Name Change) Act 2004 | 79, 2004 | 23 June 2004 | Sch 1 (items 7–131): 30 July 2004 (s 2(1) item 2) | — |
US Free Trade Agreement Implementation Act 2004 | 120, 2004 | 16 Aug 2004 | Sch 2 (item 2): 1 Jan 2005 (s 2(1) item 3) | — |
Financial Framework Legislation Amendment Act 2005 | 8, 2005 | 22 Feb 2005 | s 4, Sch 1 (items 72, 73, 496) and Sch 2 (items 13–20, 174): 22 Feb 2005 (s 2(1) items 1, 2, 10, 12) | 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 | Sch 1 (items 41, 42): 1 Apr 2005 (s 2(1) item 6) | — |
Agricultural and Veterinary Chemicals (Administration) Amendment Act 2007 | 90, 2007 | 22 June 2007 | Sch 1 and Sch 2: 1 July 2007 (s 2(1) item 2) | Sch 2 (items 1–21) |
Statute Law Revision Act 2008 | 73, 2008 | 3 July 2008 | Sch 1 (item 4): 1 July 2007 (s 2(1) item 5) | — |
Trade Practices Amendment (Australian Consumer Law) Act (No. 2) 2010 | 103, 2010 | 13 July 2010 | Sch 6 (item 152): 1 Jan 2011 (s 2(1) item 7) | — |
Food Standards Australia New Zealand Amendment Act 2010 | 121, 2010 | 17 Nov 2010 | Sch 1 (item 1): 1 Mar 2011 (s 2(1) item 2) | — |
Acts Interpretation Amendment Act 2011 | 46, 2011 | 27 June 2011 | Sch 2 (items 46–48) and Sch 3 (items 10, 11): 27 Dec 2011 (s 2(1) items 3, 12) | 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, 46–59): 1 July 2014 (s 2(1) item 2) | Sch 6 (items 46–59) |
| ||||
| 91, 2014 | 21 July 2014 | Sch 1 (item 71): 21 July 2014 (s 2(1) item 2) | — |
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: 1 July 2014 (s 2(1) items 4, 6, 7, 14) | Sch 5 (item 66) Sch 14 |
| ||||
| 36, 2015 | 13 Apr 2015 | Sch 2 (item 7) and Sch 7: 14 Apr 2015 (s 2) | Sch 7 |
| ||||
| 126, 2015 | 10 Sept 2015 | Sch 1 (item 486): 5 Mar 2016 (s 2(1) item 2) | — |
| 126, 2015 | 10 Sept 2015 | Sch 1 (item 495): 5 Mar 2016 (s 2(1) item 2) | — |
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) and Sch 9: 1 July 2015 (s 2(1) items 2, 7) | Sch 9 |
| ||||
| 115, 2017 | 30 Oct 2017 | Sch 1 (item 26): 1 July 2015 (s 2(1) item 2) | — |
Statute Update Act 2016 | 61, 2016 | 23 Sept 2016 | Sch 3 (item 1): 21 Oct 2016 (s 2(1) item 1) | — |
National Security Legislation Amendment (Espionage and Foreign Interference) Act 2018 | 67, 2018 | 29 June 2018 | Sch 2 (item 8): 29 Dec 2018 (s 2(1) item 3) | — |
Agricultural and Veterinary Chemicals Legislation Amendment (Australian Pesticides and Veterinary Medicines Authority Board and Other Improvements) Act 2021 | 125, 2021 | 7 Dec 2021 | Sch 1 (items 32–35, 108, 109, 115–123): 8 Dec 2021 (s 2(1) items 4, 9) Sch 1 (items 67, 68): 7 Mar 2022 (s 2(1) item 7) Sch 1 (items 90–95): 1 Jan 2022 (s 2(1) item 8) Sch 2: 4 Mar 2022 (s 2(1) item 10) | Sch 1 (items 35, 95, 123) and Sch 2 (items 40–43) |
Statute Law Amendment (Prescribed Forms and Other Updates) Act 2023 | 74, 2023 | 20 Sept 2023 | Sch 1 (item 1): 20 Mar 2024 (s 2(1) item 2) Sch 5 (item 6): 18 Oct 2023 (s 2(1) item 3) | — |
Administrative Review Tribunal (Consequential and Transitional Provisions No. 2) Act 2024 | 39, 2024 | 31 May 2024 | Sch 15 (items 3, 26): 14 Oct 2024 (s 2(1) item 2) | — |
Title........................................... | rs No. 79, 2004 |
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; No 125, 2021 |
s 5............................................. | rs. No 37, 1994 |
s 5A........................................... | ad. No 115, 2001 |
Part 2 heading............................. | rs. No 79, 2004 |
s 6............................................. | rs. No 79, 2004 |
s 7............................................. | am No 37, 1994; No 94, 1994; No 13, 2003; No 79, 2004; No 121, 2010; No 125, 2013; No 125, 2021 |
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; No 125, 2021 | |
s 8............................................. | am No 37, 1994; No 79, 2004; No 90, 2007; No 125, 2013; No 125, 2021 |
s 8A........................................... | ad No 170, 2000 |
am No 13, 2003; No 79, 2004; No 125, 2013; No 125, 2021 | |
s 9............................................. | 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; No 125, 2021 |
s 10A......................................... | ad No 90, 2007 |
am No 62, 2014 | |
rep No 125, 2021 | |
s 11............................................ | am No. 146, 1999; No 79, 2004; No 90, 2007; No 125, 2013 |
Part 3 heading............................. | rs No 79, 2004; No 90, 2007; No 125, 2021 |
Division 1 heading...................... | ad No 90, 2007 |
s 12............................................ | am No 79, 2004 |
Note to s 12(1) ........................... | ad No 152, 1997 |
am No 79, 2004 | |
rep No 90, 2007 | |
s 13............................................ | am No 102, 1998; No 79, 2004 |
rs No 90, 2007 | |
rep No 125, 2021 | |
Division 2................................. | rs No 125, 2021 |
Division 2 heading...................... | ad No 90, 2007 |
rs No 125, 2021 | |
Subdivision A............................. | ad No 125, 2021 |
s 14............................................ | am No 102, 1998 |
rs No 90, 2007; No 125, 2021 | |
s 15............................................ | am No 79, 2004 |
rs No 90, 2007; No 125, 2021 | |
s 16............................................ | rs No 90, 2007; No 125, 2021 |
Division 3................................. | rep No 125, 2021 |
Division 3 heading...................... | ad No 90, 2007 |
rep No 125, 2021 | |
Subdivision B............................. | ad No 125, 2021 |
s 17............................................ | rs No 90, 2007; No 125, 2021 |
s 18............................................ | rs No 90, 2007 |
am No 46, 2011 | |
rs No 125, 2021 | |
s 19............................................ | rs No 90, 2007; No 125, 2021 |
s 20............................................ | rep No 90, 2007 |
ad No 125, 2021 | |
s 21............................................ | rs No 90, 2007; No 125, 2021 |
s 22............................................ | rs No 90, 2007; No 125, 2021 |
s 23............................................ | am No 152, 1997; No 79, 2004 |
rs No 90, 2007; No 62, 2014; No 125, 2021 | |
s 24............................................ | am No 152, 1997; No 156, 1999; No 79, 2004 |
rs No 90, 2007; No 125, 2021 | |
s 25............................................ | am No 90, 2007 |
rs No 125, 2021 | |
s 25A......................................... | ad No 36, 2015 |
rep No 125, 2021 | |
Division 4................................. | rep No 125, 2021 |
Division 4 heading...................... | ad No 90, 2007 |
rep No 125, 2021 | |
s 26............................................ | am No 37, 1994; No 79, 2004 |
rs No 90, 2007 | |
am No 62, 2014 | |
rs No 125, 2021 | |
Subdivision C............................ | ad No 125, 2021 |
s 27............................................ | am No 79, 2004 |
rs No 90, 2007 | |
am No 62, 2014 | |
rs No 125, 2021 | |
s 27A........................................ | ad No 125, 2021 |
s 27B......................................... | ad No 125, 2021 |
s 27C......................................... | ad No 125, 2021 |
s 27D........................................ | ad No 125, 2021 |
s 27E......................................... | ad No 125, 2021 |
s 27F......................................... | ad No 125, 2021 |
Subdivision D............................ | ad No 125, 2021 |
s 27G........................................ | ad No 125, 2021 |
Subdivision E............................ | ad No 125, 2021 |
s 27H........................................ | ad No 125, 2021 |
Subdivision F............................. | ad No 125, 2021 |
s 27J.......................................... | ad No 125, 2021 |
Subdivision G............................ | ad No 125, 2021 |
s 27K........................................ | ad No 125, 2021 |
Division 5 heading...................... | ad No 90, 2007 |
rs No 125, 2021 | |
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 |
s. 31........................................... | am No 79, 2004 |
s 32............................................ | am No 37, 1994; No 79, 2004; No 90, 2007; No 125, 2021 |
s 32A......................................... | ad No 90, 2007 |
rep No 125, 2021 | |
s 33............................................ | am No 79, 2004 |
rs No 90, 2007 | |
am No 125, 2021 | |
s 34............................................ | am No 79, 2004; No 90, 2007; No 125, 2021 |
s 35............................................ | am No 79, 2004 |
rs No 90, 2007 | |
am No 125, 2021 | |
s 36............................................ | am No 79, 2004 |
rep No 90, 2007 | |
s 37............................................ | am No 79, 2004; No 90, 2007; No 125, 2021 |
s 38............................................ | am No 79, 2004; No 90, 2007; No 125, 2021 |
s 39............................................ | am No 146, 1999 |
s 40............................................ | am No 79, 2004 |
rs No 90, 2007 | |
am No 125, 2021 | |
s 41............................................ | am No 90, 2007; No 125, 2021 |
s 41A......................................... | ad No 90, 2007 |
am No 62, 2014; No 125, 2021 | |
s 42............................................ | am No 90, 2007; No 62, 2014; No 125, 2021 |
s 43............................................ | am No 13, 2003; No 79, 2004; No 90, 2007; No 46, 2011; No 125, 2021 |
s 44............................................ | am No 37, 1994; No 79, 2004 |
Part 5 heading............................. | rs. No. 90, 2007 |
s. 45........................................... | am. No. 79, 2004 |
rs. No. 90, 2007 | |
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 heading............................ | rs No 125, 2021 |
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 | |
am No 125, 2021 | |
s 52............................................ | am No 79, 2004 |
rs No 90, 2007; No 62, 2014 | |
am No 125, 2021 | |
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 |
rep No 125, 2021 | |
s 56............................................ | am No 79, 2004; No 62, 2014 |
rep No 125, 2021 | |
s 57............................................ | am No 79, 2004; No 90, 2007; No 73, 2008 |
rep No 125, 2021 | |
Part 7......................................... | rs. No. 90, 2007 |
Division 1.................................. | rs No 62, 2014 |
s 58............................................ | am No 37, 1994; No 76, 1994; No 59, 1996; No 79, 2004; No 8, 2005; No 42, 2005; No 125, 2021 |
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 | |
s. 59A........................................ | ad. No. 94, 1993 |
am. No. 79, 2004 | |
rep. No. 90, 2007 | |
s. 60........................................... | am. No. 79, 2004; No. 8, 2005 |
rs. No. 90, 2007 | |
rep No 62, 2014 | |
s 61............................................ | rep No 152, 1997 |
ad No 90, 2007 | |
am No 125, 2013 | |
rs No 62, 2014 | |
am No 125, 2021 | |
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 | |
ss. 66, 67.................................... | 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...................................... | ad. No. 37, 1994 |
s. 69A........................................ | ad. No. 37, 1994 |
am No 125, 2013 | |
Subdivision A heading................. | 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 | |
Subdivision B heading................. | ad No 125, 2013 |
s. 69CA...................................... | ad. No. 12, 2004 |
s. 69CB...................................... | ad. No. 12, 2004 |
s. 69CC...................................... | ad. No. 12, 2004 |
s. 69CD...................................... | ad. No. 12, 2004 |
am No 125, 2013 | |
Subdivision C heading................. | ad No 125, 2013 |
s. 69C........................................ | ad. No. 37, 1994 |
am. No. 59, 1996; No. 115, 2001; No. 12, 2004 | |
Subdivision D heading................. | ad No 125, 2013 |
s 69D......................................... | ad No 37, 1994 |
am No 59, 1996; No 79, 2004; No 125, 2013; No 125, 2021; No 39, 2024 | |
Subdivision E heading................. |
ad No 125, 2013 | |
s 69E......................................... | ad No 37, 1994 |
am No 59, 1996; No 115, 2001; No 79, 2004; No 125, 2013 | |
rep No 125, 2021 | |
s 69EA....................................... | ad No 37, 1994 |
am No 115, 2001; No 12, 2004; No 79, 2004; No 125, 2013; No 125, 2021 | |
s 69EAA.................................... | ad No 12, 2004 |
am No 79, 2004; No 74, 2023 | |
Division 3.................................. | rep No 125, 2013 |
Division 4 heading...................... | rep No 125, 2013 |
Part 7AA.................................... | ad No 125, 2013 |
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 |
s 69EAH.................................... | ad No 125, 2013 |
s 69EAJ..................................... | ad No 125, 2013 |
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 |
s 69EC....................................... | ad. No. 37, 1994 |
rs No 125, 2013 | |
s 69ECA.................................... | ad No 125, 2013 |
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 |
s 69EE....................................... | ad. No. 37, 1994 |
rs No 125, 2013 | |
s 69EEA..................................... | ad No 125, 2013 |
s 69EF....................................... | ad. No. 37, 1994 |
rs No 125, 2013 | |
s 69EFA..................................... | ad No 125, 2013 |
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 |
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 |
s 69EI........................................ | ad. No. 37, 1994 |
am. No. 79, 2004 | |
rs No 125, 2013 | |
Part 7AB heading........................ | ad No 125, 2013 |
Division 1.................................. | ad No 125, 2013 |
Subdivision A............................. | 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 |
Subdivision B............................. | 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 |
Subdivision C............................. | 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 |
Division 2.................................. | 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 |
Division 3.................................. | ad No 125, 2013 |
ss. 69EL..................................... | ad. No. 37, 1994 |
rs No 125, 2013 | |
s 69ELA..................................... | ad No 125, 2013 |
Division 4.................................. | 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 |
Division 5.................................. | 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 |
Division 6.................................. | ad No 125, 2013 |
s. 69EO...................................... | ad. No. 37, 1994 |
rs. No. 13, 2003 | |
am. No. 79, 2004 | |
rs No 125, 2013 | |
Division 7 heading...................... | ad No 125, 2013 |
s 69EP....................................... | ad No 37, 1994 |
am No 115, 2001; No 79, 2004; No 90, 2007; No 125, 2013; No 125, 2021 | |
s. 69EQ...................................... | ad. No. 37, 1994 |
am No 125, 2013 | |
s 69ER....................................... | ad No 37, 1994 |
rs No 125, 2013 | |
am No 125, 2021 | |
s. 69ES...................................... | ad. No. 37, 1994 |
am. No. 13, 2003; No. 79, 2004; No 61, 2016 | |
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....................................... | ad No 4, 1999 |
rep No 125, 2021 | |
s 69EV....................................... | ad No 4, 1999 |
rep No 125, 2021 | |
s 69EW...................................... | ad No 4, 1999 |
rep No 125, 2021 | |
s 69EX....................................... | ad No 4, 1999 |
am No 79, 2004; No 120, 2004 | |
rep No 125, 2021 | |
s 69EY....................................... | ad No 4, 1999 |
am No 79, 2004 | |
rep No 125, 2021 | |
s 69EZ...................................... | ad No 4, 1999 |
am No 79, 2004 | |
rep No 125, 2021 | |
s 69EZA..................................... | ad No 4, 1999 |
am No 79, 2004 | |
rep No 125, 2021 | |
s 69EZB..................................... | ad No 4, 1999 |
am No 79, 2004; No 125, 2013 | |
rep No 125, 2021 | |
s 69F.......................................... | ad. No. 37, 1994 |
am No. 146, 1999; No. 137, 2000; No. 115, 2001; No. 79, 2004; No 125, 2013; No 67, 2018 | |
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 |
s. 69J......................................... | ad. No. 37, 1994 |
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 | |
am No 125, 2021 | |
Part 9......................................... | rep No 74, 2023 |
s 74............................................ | am No 94, 1993; No 79, 2004 |
rep No 74, 2023 | |
s 75............................................ | am No 79, 2004 |
rep No 74, 2023 | |
s 76............................................ | am No 37, 1994; No 79, 2004 |
rep No 74, 2023 | |
s 77............................................ | rep No 125, 2013 |
s 78............................................ | am No 79, 2004 |
rep No 125, 2021 | |
s 79............................................ | am No 79, 2004 |
rep No 125, 2021 | |
s 80............................................ | am No 79, 2004 |
rep No 125, 2021 | |
s. 81........................................... | rep No 152, 1997 |
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