Agricultural and Veterinary Chemicals Code Act 1994 (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.
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
For more information about any editorial changes made in this compilation, see the endnotes.
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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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
RECOGNISING:
(a) that the protection of the health and safety of human beings, animals and the environment is essential to the well‑being of society and can be enhanced by putting in place a system to regulate agricultural chemical products and veterinary chemical products; and
(b) that the principle of ecologically sustainable development requires a regulatory system that is designed to ensure that the use of such products at the present time will not impair the prospects of future generations; and
(c) that the furthering of trade and commerce between Australia and places outside Australia, and the present and future economic viability and competitiveness of primary industry and of a domestic industry for manufacturing and formulating such products, are essential for the well being of the economy and require a system for regulating such products that is cost effective, efficient, predictable, adaptive and responsive; and
(d) that it is desirable to establish a regulatory system that is open and accountable and gives opportunity for public input with respect to the regulation of such products; and
(e) that the system should, so far as practicable, be uniform throughout Australia; and
(f) that uniformity could best be achieved by the enactment of legislation by the Parliament of the Commonwealth as a law for the government of the Australian Capital Territory and the adoption of that legislation by the Parliaments and legislatures of the States and the Northern Territory:
The Parliament of Australia enacts:
This Act may be cited as the
Agricultural and Veterinary Chemicals Code Act 1994 .
This Act commences on the same day as the
Agricultural and Veterinary Chemicals Act 1994 .
In this Act, unless the contrary intention appears:
APVMA means the Australian Pesticides and Veterinary Medicines Authority continued in existence by section 6 of theAgricultural and Veterinary Chemicals (Administration) Act 1992 .
participating Territory has the same meaning as in theAgricultural and Veterinary Chemicals Act 1994 .
prescribed means prescribed by the regulations.
the Code means the Agvet Code of the participating Territories.
the regulations means the regulations in force for the time being under section 6.
The Schedule has effect for the purposes of the
Agricultural and Veterinary Chemicals Act 1994 .
(1) The Agricultural and Veterinary Chemicals Code set out in the Schedule, as it applies as a law for the government of the participating Territories, may be referred to as the Agvet Code of the participating Territories.
(2) The regulations, as they apply for the purposes of the Agvet Code of the participating Territories, may be referred to as the Agvet Regulations of the participating Territories.
(3) In the Agvet Code, and the Agvet Regulations, of the participating Territories:
Act of this jurisdiction means an Act of the Parliament or an Act or Ordinance of a participating Territory.the Minister for this jurisdiction means the Minister.this jurisdiction means the participating Territories.(4) In the Agvet Code, or the Agvet Regulations, of the participating Territories, a reference to an offence against that Code, or those Regulations, includes a reference to an offence against:
(a) section 6 of the
Crimes Act 1914 ; or(b) section 11.1, 11.4 or 11.5 of the
Criminal Code ;
that relates to an offence against that Code or those Regulations, as the case may be.
(1) The Governor‑General may make regulations prescribing matters:
(a) required or permitted by the Code to be prescribed by regulations within the meaning of the Code; or
(b) necessary or convenient to be prescribed by such regulations for carrying out or giving effect to the Code.
(2) In particular, the regulations may include provision for the purposes of the Code for or in relation to:
(a) the development and approval of standards for:
(i) constituents for chemical products; and
(ii) chemical products; and
(iii) labels for containers for chemical products; or
(b) prescribing and regulating all matters and things with respect to inspection and investigation and with respect to samples, including the method of taking samples, the quantity or weight of samples, the labelling of samples, the delivery of samples to the APVMA and the analysis of samples; or
(c) authorising any matter or thing to be from time to time determined, applied or regulated by a particular person; or
(d) the records to be made and kept and the persons by whom they are to be made and kept; or
(e) requiring records so kept to be produced at stated times to the APVMA; or
(f) the particulars to be included in labels for containers for chemical products, the way to write those particulars on those labels and the way to attach those labels to containers; or
(g) the size and type of labels to be attached to containers for chemical products; or
(h) the giving of notices by or to the APVMA; or
(i) prescribing penalties of not more than 50 penalty units for offences against the regulations; or
(j) declaring provisions of the regulations to be civil penalty provisions.
(3) The regulations may:
(a) adopt wholly or partly, and specifically or by reference, and with any modifications, any of the standards, rules, codes, specifications or methods of any association, body or institution whether as in force at the time of adoption or as changed from time to time; and
(b) provide for the approval of the APVMA to be the standard that applies in respect of a particular matter or thing; and
(c) exempt particular substances or chemical products from the operation of any provision of the Code, either unconditionally or subject to conditions; and
(d) exempt persons identified in the regulations from the operation of any provision of the Code, either unconditionally or subject to conditions.
(4) Except as otherwise expressly provided in this Act or the Code, the regulations may be of general or specially limited application or may differ according to differences in time, locality, place or circumstance.
(5) Subject to subsection (6), in the regulations, unless the contrary intention appears, an expression has the same meaning as it has in the Agvet Code of the participating Territories.
(6) In a provision of the regulations that has effect for the purposes of a particular provision of the Agvet Code of the participating Territories, unless the contrary intention appears, an expression has the same meaning as it has in that provision of that Code.
(7) The regulations are to be interpreted subject to the Agvet Code of the participating Territories and it is intended that if, apart from this subsection, a provision of the regulations would have been interpreted as being inconsistent with that Code, the provision is nevertheless to be valid in so far as it is not so inconsistent.
(8) An expression has, in this section, the meaning it would have if this section were included in the Code.
(1) Subject to subsection (2), if:
(a) provision may be made by the regulations for or in relation to a matter; and
(b) the regulations declare that this section applies to that matter;
the Minister may, by legislative instrument, make orders with respect to that matter that are consistent with the regulations.
(2) An order must not be made prescribing a penalty.
(3) Despite subsection 44(1) of the
Legislation Act 2003 , section 42 (disallowance) of that Act applies to a legislative instrument made under subsection (1) of this section.(6) In considering whether to make an order under subsection (1), the Minister must have regard to:
(a) the effect that the order would have for the purposes of the Agvet Code of each jurisdiction other than the participating Territories because of a law of that jurisdiction that corresponds to the
Agricultural and Veterinary Chemicals Act 1994 ; and(b) the fact that section 42 of the
Legislation Act 2003 would apply in relation to the order because of subsection (3) of this section.
(7) Subject to subsection (8), in an order, unless the contrary intention appears, an expression has the same meaning as it has in the Agvet Code of the participating Territories.
(8) In a provision of an order that has effect for the purposes of a particular provision of the Agvet Code of the participating Territories, unless the contrary intention appears, an expression has the same meaning as it has in that provision of that Code.
(9) An order is to be interpreted subject to the Agvet Code of the participating Territories and it is intended that if, apart from this subsection, a provision of an order would have been interpreted as being inconsistent with that Code, the provision is nevertheless to be valid in so far as it is not so inconsistent.
(1) In this section:
acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.(2) If the operation of, or the doing of any act by the APVMA under, the Agvet Code of the participating Territories results in the acquisition of property from a person, the Commonwealth is liable to pay to the person such compensation as is agreed upon between them or, in the absence of agreement, as is determined by the Supreme Court of a participating Territory in an action brought in that Court by the person against the Commonwealth.
Section 4
The object of this Code is to make provision for and in relation to:
(a) the evaluation, approval, and control of the supply, of active constituents for proposed or existing agricultural chemical products or veterinary chemical products; and
(b) the evaluation, registration, and control of the manufacture and supply, of agricultural chemical products and veterinary chemical products.
(1) This Code recognises that:
(a) the furthering of trade and commerce between Australia and places outside Australia; and
(b) the present and future economic viability and competitiveness of primary industry which relies on access to chemical products and their constituents; and
(c) a domestic industry for manufacturing and formulating chemical products and their constituents;
are essential for the well‑being of the economy and require a system for regulating chemical products and their constituents that is cost effective, efficient, predictable, adaptive and responsive.
(2) This Code is to be implemented in a manner that:
(a) recognises that the health and safety of human beings, animals and the environment is the first priority of the system for regulating chemical products and their constituents, in part to ensure that the use of chemical products at the present time will not impair the prospects of future generations; and
(b) reflects established best‑practice principles for the assessment and management of risk, based on science; and
(c) balances regulatory effort and any burden imposed by the system of regulation on:
(i) holders of approvals, registrations, permits and licences; and
(ii) the domestic industry for manufacturing and formulating chemical products and their constituents; and
(iii) the users of chemical products;
with the risk of the use of the products and constituents to the health and safety of human beings, animals and the environment; and
(d) recognises that the use of chemical products that pose unmanageable risks to the health and safety of human beings, animals and the environment is not appropriate in Australia; and
(e) promotes community confidence in the regulation of chemical products and their constituents, is open and accountable, and gives opportunity for public involvement and participation; and
(f) secures compliance with this Code through appropriate, proportionate, consistent and effective compliance and enforcement measures.
(1) This Code excludes the operation of any other laws of this jurisdiction that are inconsistent with this Code.
(2) A law of this jurisdiction is not taken to be inconsistent with this Code if it can operate concurrently with this Code.
(3) A law of this jurisdiction enacted, or an instrument made under a law of this jurisdiction, after the commencement of this Code is not to be interpreted as amending or repealing, or otherwise altering the effect of, this Code unless that law, or the law under which that instrument was made, as the case may be, so provides expressly.
In this Code, unless the contrary intention appears:
active constituent , in relation to a proposed or existing agricultural chemical product or veterinary chemical product, means the substance that is, or one of the substances that together are, primarily responsible for the biological or other effect identifying the product as an agricultural chemical product or a veterinary chemical product, as the case may be.
adequate , in relation to instructions on a label for containers for a chemical product, means adequate to ensure, as far as reasonably practicable, that the product meets the safety criteria and the trade criteria.
agricultural chemical product has the meaning given by section 4.
agvet law means:
(a) the Agvet Code or the Agvet Regulations of this, or another, jurisdiction; or
(b) the
Agricultural and Veterinary Chemical Products (Collection of Levy) Act 1994 ; or(c) the
Agricultural and Veterinary Chemicals (Administration) Act 1992 .
agvet penalty provision means:
(a) a civil penalty provision of the Agvet Code or the Agvet Regulations of this, or another, jurisdiction; or
(b) a civil penalty provision of the
Agricultural and Veterinary Chemical Products (Collection of Levy) Act 1994 ; or(c) a civil penalty provision of the
Agricultural and Veterinary Chemicals (Administration) Act 1992 .
animal means any animal (other than a human being), whether vertebrate or not, and whether a food‑producing species or not, and includes:
(a) mammals, birds, bees, reptiles, amphibians, fish, crustaceans and molluscs; and
(b) the semen, ova or embryo of an animal (other than a human being) or any other substance or thing directly relevant to the reproduction of an animal (other than a human being); and
(c) any other prescribed form of animal life, whether prescribed by reference to a species or in any other way.
application means an application under this Code.
approval means approval under Part 2 of:
(a) an active constituent for a proposed or existing chemical product; or
(b) a label for containers for a chemical product.
approved active constituent means an active constituent that is approved and complies with the relevant particulars entered in the Record for the constituent.
approved analyst means a person appointed under subsection 69G(1) of theAgricultural and Veterinary Chemicals (Administration) Act 1992 to be an approved analyst for the purposes of this Code.
approved form means a form approved by the APVMA or prescribed by the regulations.
approved label means a label that is approved and complies with the relevant particulars recorded in the relevant APVMA file for the label.
APVMA means the Australian Pesticides and Veterinary Medicines Authority continued in existence by section 6 of theAgricultural and Veterinary Chemicals (Administration) Act 1992 .
Australia includes any external Territories that are participating Territories.
authorising party for information means a person who would be entitled to bring an action for breach of an obligation of confidence if the information were disclosed by someone else to the APVMA for the purposes of this Code without the person’s permission.
chemical product means an agricultural chemical product or a veterinary chemical product, or both.
Chief Executive Officer , in relation to the APVMA, includes a person acting as the Chief Executive Officer of the APVMA.
civil penalty order has the meaning given by section 145A.
civil penalty provision means a provision declared by this Code to be a civil penalty provision.
claim includes any statement.
confidential commercial information , in relation to an active constituent for a proposed or existing chemical product, or in relation to a chemical product or a constituent of a chemical product, means:
(a) a trade secret relating to the constituent or product; or
(b) any other information relating to the constituent or product that has a commercial value that would be, or could reasonably be expected to be, destroyed or diminished if the information were disclosed; or
(c) information (other than trade secrets to which paragraph (a) applies or information to which paragraph (b) applies) that:
(i) concerns the lawful commercial or financial affairs of a person, organisation or undertaking; and
(ii) relates to the manufacture, distribution or supply of the constituent or product; and
(iii) if it were disclosed, could unreasonably affect the person, organisation or undertaking in an adverse manner;
but does not include:
(d) the making of an application for a permit for the use of an active constituent for a proposed or existing chemical product or for the use of a chemical product, if the use of the product proposed in the application is:
(i) a minor use; or
(ii) an emergency use; or
(e) any prescribed information relating to the making of an application for a permit, as mentioned in paragraph (d).
constituent , in relation to a chemical product, means any constituent of the product, whether an active constituent or not.
container includes anything by which or in which a chemical product is, or is to be, covered, enclosed, contained or packaged, but does not include a container (such as a shipping container) in which other containers of chemical products are, or are to be, placed for the purpose of being transported.
continue , in relation to an approval or registration, has, for the purposes of Part 3, the meaning given by subsection 59(6).
co‑ordinator , in relation to a jurisdiction, means a person designated:
(a) if the jurisdiction is a State—by a Minister of the State; or
(b) if the jurisdiction is the participating Territories:
(i) if the Australian Capital Territory is the only participating Territory—by a Minister of the Australian Capital Territory; or
(ii) if there is more than one participating Territory—jointly by a Minister of the Commonwealth and a Minister of the Australian Capital Territory;
to perform the functions of a co‑ordinator under this Code.
copy , in relation to a warrant issued under section 143 or 143A (or a form of warrant completed under subsection 143B(6)), includes:
(a) a copy sent by fax or other electronic means; or
(b) a copy of a copy so sent.
corresponding previous law means a previous law of this jurisdiction that corresponds wholly or partly to this Code, to the extent that it so corresponds.
criteria includes standards.
damage , in relation to data, includes damage by erasure of data or addition of other data.
data includes:
(a) information in any form; and
(b) any program (or part of a program).
date‑controlled chemical product means a chemical product declared by the regulations to be a date‑controlled chemical product.
date of manufacture , in relation to a chemical product, means the date on which formulation of the product was completed.
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.
determine , in relation to an application, means:
(a) approve, register, renew, vary or issue upon the application; or
(b) refuse the application.
director , in relation to a body corporate incorporated for a public purpose by a law of the Commonwealth, of a State or of a Territory, means:
(a) a constituent member of the body; or
(b) if the body does not have any members—a member of the board or other group of persons responsible for the administration or management of the affairs of the body.
distinguishing number includes a distinguishing number together with one or more letters or symbols, or both.
electronic signature of a person means the unique identification of the person in an electronic form approved by the APVMA.
eligible law , in relation to a jurisdiction, means a law, or a provision of a law, of that jurisdiction that is declared by a law of that jurisdiction to be an eligible law for the purposes of this Code.
emergency use has the same meaning as in the regulations.
environment includes all aspects of the surroundings of human beings, whether affecting them as individuals or in their social groupings.
established standard has the meaning given by subsection 8U(7).
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 an agvet law has been committed or is suspected, on reasonable grounds, to have been committed;
(b) a thing with respect to which an agvet 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 an agvet 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 an agvet penalty provision.
excluded organism means an organism that is declared by the regulations to be an excluded organism.
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.
expiry date , in relation to the contents of a container, means the month and year after which the contents must not be used.
fee includes a fee that is a tax.
file includes a file of information stored or recorded by means of a computer.
food‑producing species means an animal that produces food for human consumption or is used as food for human beings, and includes:
(a) any buffalo, cattle, deer, fish (other than ornamental fish), goat, kangaroo, pig, poultry, rabbit, sheep, bee, crustacean or mollusc; or
(b) any animal declared by the regulations to be a food‑producing species.
give information includes make a statement.
handling includes transportation, storage, processing, use or disposal.
holder :
(a) in relation to an approval or registration, means:
(i) the person entered in the Record, Register or relevant APVMA file as the holder of the approval or registration; or
(ii) if the holder was an individual who has died or is an individual whose affairs are being lawfully administered by another person—the legal personal representative of the individual or the person administering the individual’s affairs; or
(iii) if the holder was a body corporate—a successor in law of the body corporate; or
(b) in relation to a permit or licence, means the person to whom the permit or licence was issued.
inspector means:
(a) a person appointed as an inspector for the purposes of this Code under subsection 69F(1) of the
Agricultural and Veterinary Chemicals (Administration) Act 1992 ; or(b) a person to whom an authorisation referred to in subsection 69F(2) of that Act applies for the purposes of this Code.
instruction includes direction, caution, warning or recommendation.
instructions approved by the APVMA includes authorisations and requirements (however described) set out in a permit.
investigation powers has the meaning given by sections 132A, 132B and 132C.
investigation warrant means:
(a) a warrant issued under section 143A; or
(b) a warrant signed by a magistrate under section 143B, being a warrant of the same kind as would have been issued under section 143A.
jurisdiction means:
(a) a State; or
(b) the participating Territories.
label includes tag, leaflet, brand, stamp, mark, stencil or written statement.
licence means a licence under Part 8.
limitation period has the meanings given by section 34M.Note: See also section 34MA (which deals with extensions of limitation periods).
listed chemical product means a chemical product that:
(a) is, or is included in a class of chemical products that is, listed by regulations under section 8T; and
(b) complies with the established standard for the product.
lodged , in relation to an application under this Code or a notice under Division 2AA of Part 2, has the meaning prescribed by the regulations.
manufacture , in relation to a chemical product, means:
(a) to produce the chemical product; or
(b) to engage in any part of the process of producing the chemical product, or any component or ingredient of the chemical product as part of that process, or of bringing the chemical product to its final state, including by formulating, processing, assembling, packaging, labelling, storing, sterilising, testing, supplying or releasing for supply.
manufacturing principles means principles that the APVMA has determined under section 23 of theAgricultural and Veterinary Chemicals Act 1994 to be principles to be observed in the manufacture of chemical products.
Maximum Residue Limits Standard means the Maximum Residue Limits Standard, made under theFood Standards Australia New Zealand Act 1991 , as in force from time to time, or any standard in force in substitution for that standard.
meets the application requirements has the meaning given by section 8A.
meets the efficacy criteria has the meaning given by subsection 5B(1).
meets the labelling criteria has the meaning given by subsection 5D(1).
meets the notice requirements has the meaning given by subsection 26AD(1).
meets the safety criteria has the meaning given by subsection 5A(1).
meets the trade criteria has the meaning given by subsection 5C(1).
member of the staff , in relation to the APVMA, has the same meaning as in theAgricultural and Veterinary Chemicals (Administration) Act 1992 .
minor use has the same meaning as in the regulations.
monitoring powers has the meaning given by sections 131A, 131B and 131C.
monitoring warrant means:
(a) a warrant issued under section 143; or
(b) a warrant signed by a magistrate under section 143B, being a warrant of the same kind as would have been issued under section 143.
nominated agent , for an approval or registration, means the person entered in the Record, Register or relevant APVMA file as the nominated agent for the approval or registration.
notifiable variation , of the relevant particulars of an approval or registration, has the meaning given by subsection 26AB(3).
occupier , in relation to any premises or a part of any premises, means the person in occupation, charge or control of the premises or of that part of the premises, as the case may be.
ordinary office hours means the hours when the office of the APVMA is open to members of the public.
participating Territory has the same meaning as in theAgricultural and Veterinary Chemicals Act 1994 .
penalty unit has the same meaning as in section 4AA of theCrimes Act 1914 .
permit means a permit under Part 7.
person assisting an inspector:
(a) in relation to the exercise of monitoring powers—has the meaning given by section 131D; and
(b) in relation to the exercise of investigation powers—has the meaning given by section 132E.
pest means:
(a) in relation to an animal, plant or thing—any animal, plant or other biological entity that injuriously affects the physical condition, worth or utility of the first‑mentioned animal or plant or of that thing; or
(b) in relation to a place—an animal, plant or other biological entity that injuriously affects the use or enjoyment of that place.
place of residence , in relation to a body corporate that is incorporated in Australia, means its registered office in Australia.
plant means any vegetation or fungus and includes a seed or cutting of a plant, or any other part or product of a plant.
premises includes any place (whether enclosed or built on or not), including a place situated under ground or under water, and, in particular, includes:
(a) a building, aircraft, vehicle or vessel; and
(b) any structure, whether a fixed structure, or a moveable structure such as a tent, and whether on land or the bed of any waters or floating on any waters; and
(c) a part of premises (including a part of premises of a kind referred to in paragraph (a) or (b)).
prescribed means prescribed by the Agvet Code of this jurisdiction or by the regulations.
prescribed active constituent has the meaning given by subsection 14C(4).
prescribed chemical product has the meaning given by subsection 14D(4).
prescribed civil penalty provision means a civil penalty provision that is prescribed by the regulations.
prescribed label for containers for a chemical product has the meaning given by subsection 14E(4).
prescribed variation , of the relevant particulars of an approval or registration, has the meaning given by subsection 26B(4).
previous registering authority means a registering authority under a corresponding previous law.
previously endorsed active constituent for a chemical product at a particular time means a substance that:
(a) before that time, had been approved or registered (however described) under a law of the Commonwealth or a State or Territory as an active constituent for a chemical product; or
(b) was an active constituent for a chemical product that, before that time, had been approved or registered (however described) under a law of the Commonwealth or a State or Territory as a chemical product;
whether or not the approval or registration was a result of an application by a particular person.
primary active constituent has the meaning given in section 59.
primary chemical product has the meaning given in section 59.
primary holder means:
(a) in relation to a primary active constituent—the holder by whom, or on whose behalf, protected information was given to the APVMA in respect of the constituent; or
(b) in relation to a primary chemical product—the holder by whom, or on whose behalf, protected information was given to the APVMA in respect of the product.
prohibited chemical product means a chemical product that is declared by the regulations to be a prohibited chemical product.
protected active constituent means an active constituent for a proposed or existing chemical product, being an active constituent to which each of the following paragraphs apply:
(a) the constituent is or includes an invention in respect of which letters patent were granted under the
Patents Act 1952 or thePatents Act 1990 ;(b) the term of the letters patent (including any extension of that term):
(i) has ended; or
(ii) will end during the protection period (including that period as extended) that applies to protected information about that constituent;
(c) the constituent is approved under Part 2.
protected chemical product means a chemical product to which each of the following paragraphs apply:
(a) the product is or includes an invention in respect of which letters patent were granted under the
Patents Act 1952 or thePatents Act 1990 ;(b) the term of the letters patent (including any extension of that term):
(i) has ended; or
(ii) will end during the protection period (including that period as extended) that applies to protected information about that product;
(c) the product is registered under Part 2.
protected commodity means:
(a) any substance or thing of a kind used, or capable of being used, as food or drink by human beings; or
(b) any substance or thing of a kind used, or capable of being used, as an ingredient or additive in, or any substance used in the preparation of, a substance or thing referred to in paragraph (a); or
(c) any plant or animal; or
(d) any soil, water or other environmental component; or
(e) any other agricultural commodity; or
(f) any animal feed; or
(g) any other prescribed substance or thing; or
(h) any substance or thing that is capable of being made into anything referred to in any of the above paragraphs;
but does not include a therapeutic good within the meaning of the
Therapeutic Goods Act 1989 .
protected information means information or results given to the APVMA as required under paragraph 32(1)(b) or 33(1)(a) or (c), or subparagraph 159(1)(d)(i), (ii) or (iii), that:
(a) have been obtained because of a trial or laboratory experiment; and
(b) relate to:
(i) an active constituent that has been approved; or
(ii) a chemical product that has been registered.
protection period , in relation to protected information, means the period that:
(a) begins when the information is first given to the APVMA in relation to a reconsideration; and
(b) ends 8 years after the APVMA makes its decision on the reconsideration.
Note: See also section 34KA (which deals with extensions of the protection period).
published literature , in relation to a particular matter, means all documents that relate to that matter and are accessible to the public.
recall notice means a notice issued under section 101, 102 or 103.
Record means the Record of Approved Active Constituents for Chemical Products kept under section 17.
Record of Permits means the Record of Permits kept under section 113.
re‑entry period , in relation to the use of a chemical product in a particular place (including a use of the product in relation to a crop or pasture in that place), means the period after that use during which it is unsafe for a person to enter the place without wearing appropriate protective clothing or equipment, or both.
Register means the Register of Agricultural and Veterinary Chemical Products kept under section 18.
registered chemical product has the meaning given by section 5AA.
registration means registration under Part 2 of a chemical product.
regulations means the Agvet Regulations of this jurisdiction.
relevant APVMA file means the file in which information about approved labels is recorded as mentioned in paragraph 21(c).
relevant data means information relevant to determining whether:
(a) an agvet law has been, or is being, complied with; or
(b) information provided under an agvet law is correct.
relevant particulars means:
(a) in relation to the approval of an active constituent—the distinguishing number, any instructions for use and any other particulars required by paragraph 19(c) to be entered in the Record; and
(b) in relation to the registration of a chemical product—the distinguishing number, any instructions for use and any other particulars required by paragraph 20(1)(c) to be entered in the Register; and
(c) in relation to the approval of a label—the information required to be recorded in the relevant APVMA file by subparagraphs 21(c)(i) to (iva);
and includes particulars of variations of relevant particulars made under section 26, 26AC, 26C, 29, 29A, 34A or 34AF.
repealed Act means theAgricultural and Veterinary Chemicals Act 1988 .
reserved means reserved by being a chemical product that is, or is included in a class of chemical products that is, specified in the Reserved Schedule.
reserved chemical product means a chemical product that is, or is included in a class of chemical products that is, specified in the Reserved Schedule.
Reserved Schedule means the schedule contained in the regulations under section 56ZU.
residues , in relation to an active constituent for a proposed or existing chemical product, or in relation to a chemical product, means:
(a) subject to paragraph (b), any remains, persisting in or on a protected commodity, of:
(i) the active constituent, or the active constituents in the chemical product; or
(ii) any derivatives, metabolites, or degradation products, of the active constituent or of the active constituents in the chemical product; or
(b) if the APVMA has published a notice in the
Gazette for the purposes of this paragraph that applies to the active constituent or chemical product—only such of the remains referred to in paragraph (a) as are specified in the notice to be remains that constitute residues of the active constituent or of the chemical product for the purposes of this Code.
restricted chemical product means a chemical product declared by regulations made for the purposes of section 93 to be a restricted chemical product.
sample includes specimen.
secondary active constituent has the meaning given in section 59.
secondary chemical product has the meaning given in section 59.
secondary holder , in relation to a secondary active constituent for a proposed or existing chemical product, means:
(a) if the APVMA is considering an application for the approval of that constituent—the person who made the application; or
(b) if the APVMA has reconsidered or is reconsidering the approval of that constituent:
(i) the person entered in the Record as the holder of the approval; or
(ii) if the holder was an individual who has died or is an individual whose affairs are being lawfully administered by another person—the legal personal representative of the individual or the person administering the individual’s affairs; or
(iii) if the holder was a body corporate—a successor in law of the body corporate.
secondary holder , in relation to a secondary chemical product, means:
(a) if the APVMA is considering an application for the registration of that product—the person who made the application; or
(b) if the APVMA has reconsidered or is reconsidering the registration of that product:
(i) the person entered in the Register as the holder of the registration; or
(ii) if the holder was an individual who has died or is an individual whose affairs are being lawfully administered by another person—the legal personal representative of the individual or the person administering the individual’s affairs; or
(iii) if the holder was a body corporate—a successor in law of the body corporate.
State includes the Northern Territory.
substance includes:
(a) any gas, liquid, mixture or compound of gases, or mixture or compound of liquids; and
(b) an organism or part of an organism, including a genetically manipulated organism or part of a genetically manipulated organism; and
(c) material that is produced from an organism; and
(d) matter whose production involves the use of an organism;
but does not include an excluded organism or part of an excluded organism, or material that is produced from, or matter whose production involves the use of, an excluded organism.
supply includes do, or cause or permit the doing of, any of the following:
(a) sell;
(b) expose for sale;
(c) send or deliver for sale or on sale;
(d) dispose of under a hire purchase agreement;
(e) exchange;
(f) give;
(g) offer to do an act that would be a supply (including an act referred to in any of the above paragraphs);
and, for example, includes supply under a contract for work or labour that also involves the supply of any thing.
Territory does not include the Northern Territory;
thing , except where used as an object of the verb “to do”, includes:
(a) an animal; and
(b) information; and
(c) a document; and
(d) a substance.
this Code means the Agvet Code of this jurisdiction and includes the Agvet Regulations of this jurisdiction.
use , in relation to an active constituent for a proposed or existing chemical product, or in relation to a chemical product, includes deal with the constituent or product.
variations includes additions, omissions, substitutions and modifications.
veterinary chemical product has the meaning given by section 5.
veterinary surgeon means a person who is registered as a veterinary surgeon under the law of a State or Territory.
warrant means a monitoring warrant or an investigation warrant.
withholding period , in relation to the use of a chemical product, means the minimum period that needs to elapse between:
(a) the last use of the product in relation to a crop, pasture or animal; and
(b) the harvesting or cutting of, or the grazing of animals on, the crop or pasture, the shearing or slaughtering of the animal, or the collection of milk or eggs from the animal for human consumption, as the case may be;
in order to ensure that the product’s residues fall to or below the maximum limit that the APVMA permits.
working day means a day other than a Saturday, a Sunday or a day that is a public holiday in the place where the office of the APVMA is situated.
(1) This section defines what is meant by an agricultural chemical product for the purposes of this Code.
(2) Subject to subsections (3) and (4), an agricultural chemical product is a substance or mixture of substances that is represented, imported, manufactured, supplied or used as a means of directly or indirectly:
(a) destroying, stupefying, repelling, inhibiting the feeding of, or preventing infestation by or attacks of, any pest in relation to a plant, a place or a thing; or
(b) destroying a plant; or
(c) modifying the physiology of a plant or pest so as to alter its natural development, productivity, quality or reproductive capacity; or
(d) modifying an effect of another agricultural chemical product; or
(e) attracting a pest for the purpose of destroying it.
(3) An agricultural chemical product includes a substance or mixture of substances declared by the regulations to be an agricultural chemical product.
(4) An agricultural chemical product does not include:
(a) a veterinary chemical product; or
(b) a substance or mixture of substances declared by the regulations not to be an agricultural chemical product.
(1) This section defines what is meant by a veterinary chemical product for the purposes of this Code.
(2) Subject to subsections (3) and (4), a veterinary chemical product is a substance or mixture of substances that is represented as being suitable for, or is manufactured, supplied or used for, administration or application to an animal by any means, or consumption by an animal, as a way of directly or indirectly:
(a) preventing, diagnosing, curing or alleviating a disease or condition in the animal or an infestation of the animal by a pest; or
(b) curing or alleviating an injury suffered by the animal; or
(c) modifying the physiology of the animal:
(i) so as to alter its natural development, productivity, quality or reproductive capacity; or
(ii) so as to make it more manageable; or
(d) modifying the effect of another veterinary chemical product.
(3) A veterinary chemical product includes:
(a) a vitamin, a mineral substance, or an additive, if, and only if, the vitamin, substance or additive is used for a purpose mentioned in paragraph (2)(a), (b), (c) or (d); and
(b) a substance or mixture of substances declared by the regulations to be a veterinary chemical product.
(4) A veterinary chemical product does not include:
(a) a substance or mixture of substances that is:
(i) prepared by a pharmacist in accordance with the instructions of a veterinary surgeon; or
(ii) prepared by a veterinary surgeon;
in the course of the practice, by the person preparing the substance or mixture of substances, of his or her profession as permitted by or under a law of this jurisdiction; or
(b) a substance or mixture of substances declared by the regulations not to be a veterinary chemical product.
(1) A
registered chemical product is a chemical product:(a) that is registered; and
(b) that complies with the relevant particulars entered in the Register for the product.
Constituents of the chemical product (2) If:
(a) a chemical product is registered; and
(b) under regulations made for the purposes of paragraph 20(1)(c), a relevant particular (the
subject particular ) required to be entered in the Register in relation to the chemical product is the constituents of the chemical product; and(c) there are regulations in force for the purposes of paragraph 83(1)(a) in relation to the chemical product; and
(d) the constituents of the chemical product do not differ by more than the extent prescribed for the purposes of paragraph 83(1)(a);
then, for the purposes of paragraph (1)(b) of this section, the chemical product is taken to comply with the subject particular.
Concentration of constituents of the chemical product (3) If:
(a) a chemical product is registered; and
(b) under regulations made for the purposes of paragraph 20(1)(c), a relevant particular (the
subject particular ) required to be entered in the Register in relation to the chemical product is the concentration of one or more constituents of the chemical product; and(c) there are regulations in force for the purposes of paragraph 83(1)(b) in relation to the chemical product; and
(d) the concentration of the constituents of the chemical product does not differ by more than the extent prescribed for the purposes of paragraph 83(1)(b);
then, for the purposes of paragraph (1)(b) of this section, the chemical product is taken to comply with the subject particular.
Composition of constituents of the chemical product (4) If:
(a) a chemical product is registered; and
(b) under regulations made for the purposes of paragraph 20(1)(c), a relevant particular (the
subject particular ) required to be entered in the Register in relation to the chemical product is the composition of a constituent of the chemical product; and(c) there are regulations in force for the purposes of paragraph 83(1)(c) in relation to the composition of that constituent of the chemical product; and
(d) the composition of that constituent of the chemical product does not differ by more than the extent prescribed for the purposes of paragraph 83(1)(c);
then, for the purposes of paragraph (1)(b) of this section, the chemical product is taken to comply with the subject particular.
Purity of constituents of the chemical product (5) If:
(a) a chemical product is registered; and
(b) under regulations made for the purposes of paragraph 20(1)(c), a relevant particular (the
subject particular ) required to be entered in the Register in relation to the chemical product is the purity of a constituent of the chemical product; and(c) there are regulations in force for the purposes of paragraph 83(1)(c) in relation to the purity of that constituent of the chemical product; and
(d) the purity of that constituent of the chemical product does not differ by more than the extent prescribed for the purposes of paragraph 83(1)(c);
then, for the purposes of paragraph (1)(b) of this section, the chemical product is taken to comply with the subject particular.
(1) An active constituent or chemical product
meets the safety criteria if use of the constituent or product, in accordance with any instructions approved, or to be approved, by the APVMA for the constituent or product or contained in an established standard:(a) is not, or would not be, an undue hazard to the safety of people exposed to it during its handling or people using anything containing its residues; and
(b) is not, or would not be, likely to have an effect that is harmful to human beings; and
(c) is not, or would not be, likely to have an unintended effect that is harmful to animals, plants or things or to the environment.
(2) For the purposes of being satisfied as to whether an active constituent meets the safety criteria, the APVMA:
(a) must have regard to the following:
(i) the toxicity of the constituent and its residues, including metabolites and degradation products, in relation to relevant organisms and ecosystems, including human beings;
(ii) the method by which the constituent is, or is proposed to be, manufactured;
(iii) the extent to which the constituent will contain impurities;
(iv) whether an analysis of the chemical composition of the constituent has been carried out and, if so, the results of the analysis;
(v) any conditions to which its approval is, or would be, subject;
(vi) any relevant particulars that are, or would be, entered in the Record for the constituent;
(via) whether the constituent conforms, or would conform, to any standard made for the constituent under section 6E to the extent that the standard relates to matters covered by subsection (1);
(vii) any matters prescribed by the regulations; and
(b) may have regard to such other matters as it thinks relevant.
(3) For the purposes of being satisfied as to whether a chemical product meets the safety criteria, the APVMA:
(a) must have regard to the following:
(i) the toxicity of the product and its residues, including metabolites and degradation products, in relation to relevant organisms and ecosystems, including human beings;
(ii) the relevant poison classification of the product under the law in force in this jurisdiction;
(iii) how the product is formulated;
(iv) the composition and form of the constituents of the product;
(v) any conditions to which its registration is, or would be, subject;
(vi) any relevant particulars that are, or would be, entered in the Register for the product;
(via) whether the product conforms, or would conform, to any standard made for the product under section 6E to the extent that the standard relates to matters covered by subsection (1);
(vii) any matters prescribed by the regulations; and
(b) may have regard to one or more of the following:
(i) the acceptable daily intake of each constituent contained in the product;
(ii) any dietary exposure assessment prepared under subsection 82(4) of the
Food Standards Australia New Zealand Act 1991 as a result of any proposed variation notified under subsection 82(3) of that Act in relation to the product, and any comments on the assessment given to the APVMA under subsection 82(4) of that Act;(iii) whether any trials or laboratory experiments have been carried out to determine the residues of the product and, if so, the results of those trials or experiments and whether those results show that the residues of the product will not be greater than limits that the APVMA has approved or approves;
(iv) the stability of the product;
(v) the specifications for containers for the product;
(vi) such other matters as it thinks relevant.
(1) A chemical product
meets the efficacy criteria if use of the product, in accordance with instructions approved, or to be approved, by the APVMA for the product or contained in an established standard, is, or would be, effective according to criteria determined by the APVMA by legislative instrument.(2) For the purposes of being satisfied as to whether a chemical product meets the efficacy criteria, the APVMA must have regard to the following:
(a) whether any trials or laboratory experiments have been carried out to determine the efficacy of the product and, if so, the results of those trials or experiments;
(b) any conditions to which its registration is, or would be, subject;
(c) any relevant particulars that are, or would be, entered in the Register for the product;
(ca) whether the product conforms, or would conform, to any standard made for the product under section 6E to the extent that the standard relates to matters covered by subsection (1);
(d) any matters prescribed by the regulations.
(3) For the purposes of the operation of this Code in relation to a particular chemical product, the APVMA is required to have regard to the matters set out in subsections (1) and (2) only:
(a) to the extent prescribed by the regulations; or
(b) if there are no such regulations—to the extent that the APVMA thinks the matters are relevant.
(1) A chemical product
meets the trade criteria if use of the product, in accordance with instructions approved, or to be approved, by the APVMA or contained in an established standard, does not, or would not, unduly prejudice trade or commerce between Australia and places outside Australia.(2) For the purposes of being satisfied as to whether a chemical product meets the trade criteria, the APVMA must have regard to the following:
(a) any conditions to which its registration is, or would be, subject;
(b) any relevant particulars that are, or would be, entered in the Register for the product;
(ba) whether the product conforms, or would conform, to any standard made for the product under section 6E to the extent that the standard relates to matters covered by subsection (1);
(c) any matters prescribed by the regulations.
(3) For the purposes of the operation of this Code in relation to a particular chemical product, the APVMA is required to have regard to the matters set out in subsections (1) and (2) only:
(a) to the extent prescribed by the regulations; or
(b) if there are no such regulations—to the extent that the APVMA thinks the matters are relevant.
(1) A label for containers for a chemical product
meets the labelling criteria if the label contains adequate instructions relating to such of the following as are appropriate:(a) the circumstances in which the product should be used;
(b) how the product should be used;
(c) the times when the product should be used;
(d) the frequency of the use of the product;
(e) the withholding period after the use of the product;
(f) the re‑entry period after the use of the product;
(g) the disposal of the product when it is no longer required;
(h) the disposal of containers of the product;
(i) the safe handling of the product and first aid in the event of an accident caused by the handling of the product;
(j) any matters prescribed by the regulations.
(2) For the purposes of being satisfied as to whether a label meets the labelling criteria, the APVMA must have regard to the following:
(a) any conditions to which its approval is, or would be, subject;
(b) any relevant particulars and instructions that are, or would be, entered in the relevant APVMA file for the label;
(c) whether the label conforms, or would conform, to any standard made for the label under section 6E to the extent that the standard relates to matters covered by subsection (1);
(d) any matters prescribed by the regulations.
Without limiting subparagraph 5A(2)(a)(vii) or (3)(a)(vii) or paragraph 5B(2)(d), 5C(2)(c) or 5D(2)(d) and despite section 160, the matters prescribed by regulations made for the purposes of that subparagraph or paragraph may relate to matters covered by paragraph 160(2)(a), (b) or (c).
(1) The APVMA may arrange for the use, under the APVMA’s control, of computer programs for any purposes for which the APVMA may, or must, under this Code:
(a) make a decision of a kind determined in an instrument under subsection (1A); or
(b) exercise any power, or comply with any obligation, related to making a decision to which paragraph (a) applies; or
(c) do anything else related to making a decision to which paragraph (a) applies or related to exercising a power, or complying with an obligation, to which paragraph (b) applies.
(1A) The APVMA may, by legislative instrument, determine kinds of decisions for the purposes of paragraph (1)(a). The APVMA may, in that instrument, also determine conditions of use of a computer program as mentioned in subsection (1).
(1B) The APVMA must take all reasonable steps to ensure that decisions made by the operation of a computer program under an arrangement made under subsection (1) are correct.
Note: In addition, subsection 1A(2) of this Code sets out how this Code is to be implemented (which covers the making of an arrangement under subsection (1) of this section).
(2) For the purposes of this Code, the APVMA is taken to have:
(a) made a decision; or
(b) exercised a power or complied with an obligation; or
(c) done something else related to the making of a decision or the exercise of a power or the compliance with an obligation;
that was made, exercised, complied with or done by the operation of a computer program under an arrangement made under subsection (1).
Substituted decisions (3) The APVMA may substitute a decision for a decision (the
initial decision ) the APVMA is taken, under paragraph (2)(a), to have made if the APVMA is satisfied that the initial decision is incorrect.(4) However, the substituted decision may only be made before the end of the period of 60 days beginning on the day the initial decision is made.
(1) If a provision of this Code refers to a determination made, approval or exemption given or other thing done by the APVMA and there is no other provision of this Code expressly authorising the APVMA to make such a determination, give such an approval or exemption or do such a thing, the APVMA is authorised by this section to make such a determination, give such an approval or exemption or do such a thing either unconditionally or subject to conditions.
(2) The APVMA may at any time vary or revoke a determination made, approval or exemption given, or other thing done, by it under subsection (1).
(1) The APVMA may make written guidelines for performing its functions and exercising its powers under this Code.
(2) The APVMA must have regard to the guidelines.
(3) The guidelines must include:
(a) principles and processes for effective and efficient regulation of chemical products and their constituents; and
(b) principles and processes relating to:
(i) the approval of active constituents for proposed or existing chemical products; and
(ii) the registration of chemical products; and
(iii) the approval of labels for containers for chemical products; and
(iv) the variation of relevant particulars and conditions; and
(v) the issue of permits and licences; and
(vi) the reconsideration of approvals and registrations.
(4) The guidelines must not be inconsistent with an agvet law.
(5) The APVMA must publish the guidelines on its website.
(6) The guidelines are not a legislative instrument.
To avoid doubt, a power under this Code to vary relevant particulars or conditions:
(a) includes the power to add or remove relevant particulars or conditions; but
(b) does not authorise the APVMA to vary or remove relevant particulars that were not determined, or conditions that were not imposed, by the APVMA.
(1) The APVMA may use information obtained by it from any source for the purpose of performing any of its functions or exercising any of its powers under this Code.
(2) Subsection (1) has effect subject to this Code.
Failure by the APVMA to comply with a time limit set out in this Code does not affect the validity of anything done by the APVMA.
(1) The APVMA may, by legislative instrument, make standards for the following:
(a) constituents for chemical products;
(b) chemical products;
(c) labels for containers for chemical products.
(2) A standard made under subsection (1) may apply, adopt or incorporate, with or without modification, any matter contained in any instrument or other writing as in force at a particular time or as in force from time to time.
To avoid doubt, a reference in this Code to a class or kind of matter or thing does not, by implication, affect the application of:
(a) subsection 13(3) of the
Legislation Act 2003 ; or(b) subsection 33(3AB) of the
Acts Interpretation Act 1901 .
A reference in this Code to doing anything in respect of an active constituent for a proposed or existing chemical product, or in respect of a chemical product, includes a reference to having possession or custody of the constituent or product.
(1) For the purposes of this Code, a label is attached to a container if the label is securely attached or affixed to, appears on, or is included with, the container.
(2) For the purposes of this Code but without limiting the generality of subsection (1):
(a) writing appearing on a container is taken to have been written on a label attached to the container; and
(b) a reference to a label attached to a container includes a reference to writing appearing on the container; and
(c) a reference to attaching a label to a container includes a reference to putting writing on the container.
Chapter 2 (other than Part 2.5) of the
Criminal Code applies to all offences against this Code.Note: Chapter 2 of the
Criminal Code sets out the general principles of criminal responsibility.
An application
meets the application requirements if:
(a) the application:
(i) is in writing in the approved form; and
(ii) is signed by the applicant; and
(iii) is accompanied by so much of the prescribed fee as is required to be paid when the application is made; and
(iv) is lodged with the APVMA; and
(v) contains, or is accompanied by, any information specified for the application by the APVMA under section 8B or prescribed for the application by the regulations for the purposes of this subparagraph; and
(b) the constituent, product or label in relation to which the application is made complies, or will comply, with any requirement prescribed by the regulations; and
(c) any requirement made under section 157 or 159 in relation to the application has been complied with; and
(d) any requirement prescribed by another provision of this Code in relation to the application has been complied with; and
(e) any amount (including an amount in respect of a tax or penalty) that is due and payable by the applicant to the APVMA (including under a law of another jurisdiction or the agvet law), has been paid.
Note: For giving information electronically, see section 156A.
(1) The APVMA may, by legislative instrument, specify the information that must be contained in, or accompany, the application.
(2) The APVMA may specify information under subsection (1) only if the inclusion of the information would enable the APVMA to determine the application.
(1) In determining the application, the APVMA:
(a) must have regard to:
(i) the information in, or accompanying, the application as required under section 8B or any other provision of this Code; and
(ii) any information or thing given to the APVMA as required under section 157 or 159 or by section 160A in relation to the application; and
(iii) any submission made in response to an invitation given by the APVMA in relation to the application; and
(b) may have regard to any other matter that it thinks relevant.
(2) Subject to subsection (2A), the APVMA must not take into account any information that:
(a) is given by or on behalf of the applicant in connection with the application; but
(b) is not covered by paragraph (1)(a).
(2A) Subsection (2) does not apply to information that is prescribed by the regulations, and that is provided in the circumstances prescribed by the regulations, for the purposes of this subsection.
(3) This section does not apply in relation to an application under section 122 for a licence.
At any time after the application is made and before it is determined, the applicant may withdraw it by giving the APVMA written notice of the withdrawal signed by the applicant.
(1) The APVMA must notify Food Standards Australia New Zealand if an approval, registration, variation or permit proposed under this Code (whether by application or on the initiative of the APVMA) would, if it were given, made or issued, be likely to require a variation to the Maximum Residue Limits Standard.
(2) The notice must:
(a) be in writing; and
(b) set out:
(i) the names, or proposed names, of the active constituents concerned; and
(ii) any other matters that the APVMA thinks appropriate; and
(c) be given to Food Standards Australia New Zealand before the approval, registration, variation or permit is given, made or issued.
(3) This section does not apply in relation to an approval, registration, variation or permit proposed by an application that is subject to preliminary assessment before the application has passed preliminary assessment.
(1) The APVMA must give written notice to the holder within 14 days if the APVMA:
(a) approves an active constituent; or
(b) registers a chemical product; or
(c) renews the registration of a chemical product; or
(d) approves a label; or
(e) varies relevant particulars or conditions (whether on notice under Division 2AA of Part 2, on application or on the initiative of the APVMA), other than under section 34A (varying relevant particulars or conditions to allow affirmation).
Note: For notices in relation to reconsiderations, see Division 4 of Part 2.
(2) The notice must:
(a) for an approval or registration:
(i) state that the constituent, product or label has been approved or registered; and
(ii) set out the relevant particulars and conditions of the approval or registration; and
(b) for a registration—state the date the registration ends; and
(c) for the renewal of a registration:
(i) state that the registration of the chemical product has been renewed; and
(ii) state the date the registration (as renewed) ends; and
(d) for the variation of relevant particulars or conditions:
(i) state that the relevant particulars or conditions have been varied; and
(ii) set out the relevant particulars or conditions as varied; and
(iii) of a registration—state the date the registration ends; and
(e) include any information prescribed by the regulations.
Note: This subsection does not authorise the disclosure of confidential commercial information whose disclosure would otherwise be prohibited by section 162: see section 8X.
(1) The APVMA must give written notice to the applicant within 14 days if the APVMA refuses an application.
Note: For notices in relation to reconsiderations, see Division 4 of Part 2.
(2) The notice must:
(a) state that the application has been refused; and
(b) set out the reasons for the refusal; and
(c) include any information prescribed by the regulations; and
(d) specify any amount of fee that is repayable because of the refusal.
Note: Other provisions of this Code specify additional requirements for certain notices of refusal.
(1) If the APVMA approves an active constituent or registers a chemical product, it must, unless it thinks that in the circumstances it is unnecessary to do so, publish notice of the approval or registration.
(2) The notice must:
(a) be published in the
Gazette , as soon as practicable, and in any other manner that the APVMA thinks appropriate; and(b) state that the constituent has been approved or the product has been registered and the date of the approval or registration as mentioned in section 22; and
(d) contain a brief statement of the conditions of the approval or registration that directly regulate the use of the constituent or product; and
(e) include any information prescribed by the regulations.
(1) If the APVMA varies any of the relevant particulars or conditions of the approval of an active constituent or the registration of a chemical product, it must, unless it thinks that in the circumstances it is unnecessary to do so, publish notice of the variation.
(2) The notice must:
(a) be published in the
Gazette , as soon as practicable, and in any other manner that the APVMA thinks appropriate; and(b) state that the relevant particulars or conditions have been varied and the date on which the variation took place; and
(c) contain a brief statement of the nature of, and reasons for, the variation; and
(d) include any information prescribed by the regulations.
(1) The holder of an approval or registration may apply to the APVMA to change the holder.
(2) The APVMA must record the change in the Record, Register or relevant APVMA file, as required, if the APVMA is satisfied that:
(a) the application meets the application requirements; and
(b) the proposed holder has consented, by signed writing, to being the holder; and
(c) if the proposed holder is not a resident of, and does not carry on business in, Australia—there will be a nominated agent for the approval or registration; and
(d) any requirements prescribed by the regulations have been met.
(3) Otherwise, the APVMA must refuse the application.
Note: For notice of refusal, see section 8G.
(1) The holder may, at any time, apply to the APVMA for the person nominated in the application to be the nominated agent for the approval or registration.
(2) The APVMA must record the person as the nominated agent in the Record, Register or relevant APVMA file, as required, if the APVMA is satisfied that:
(a) the application meets the application requirements; and
(b) the nominated person has consented, by signed writing, to being the nominated agent; and
(c) any requirements prescribed by the regulations have been met.
(3) Otherwise, the APVMA must refuse the application.
Note: For notice of refusal, see section 8G.
(4) It is a condition of the approval or registration that the nominated agent is a resident of, or carries on business in, Australia.
If the holder is not a resident of, and does not carry on business in, Australia, it is a condition of the approval or registration that there is a nominated agent for the approval or registration.
(1) The holder may apply to the APVMA to change the nominated agent.
(2) The APVMA must record the change in the Record, Register or relevant APVMA file, as required, if the APVMA is satisfied that:
(a) the application meets the application requirements; and
(b) the person to be the nominated agent has consented, by signed writing, to being the nominated agent; and
(c) any requirements prescribed by the regulations have been met.
(3) Otherwise, the APVMA must refuse the application.
Note: For notice of refusal, see section 8G.
(1) The nominated agent may, by signed writing given to the APVMA, request to withdraw from being the nominated agent.
(2) The APVMA must record the withdrawal in the Record, Register or relevant APVMA file, as required, if the APVMA is satisfied that:
(a) the nominated agent has notified the holder of the withdrawal; and
(b) any requirements prescribed by the regulations have been met.
Anything that may, or must, be done under this Code by, or in relation to, the holder, as the holder of the approval or registration, may be done by, or in relation to, either the holder or the nominated agent.
Note: For liabilities imposed on the nominated agent, see section 152.
(1) The APVMA must give the applicant written notice of what it proposes to do before it:
(a) refuses an application, other than on preliminary assessment; or
(b) approves or registers an active constituent, chemical product or label with instructions or relevant particulars other than those set out in the application; or
(c) varies, under section 29, relevant particulars or conditions in a way other than set out in the application.
Note: For notices in relation to reconsiderations, see Division 4 of Part 2.
(2) The notice must:
(a) for notice under paragraph (1)(b)—set out the proposed instructions and relevant particulars; and
(b) for notice under paragraph (1)(c)—set out the proposed variation; and
(c) include a draft statement of reasons for the proposed course of action; and
(d) set out the information on which the reasons are based (including information not given to the APVMA by the applicant); and
(e) invite written submissions from the applicant within 28 days, or within such further period as is specified in the notice.
Note: This subsection does not authorise the disclosure of confidential commercial information whose disclosure would otherwise be prohibited by section 162: see section 8X.
(3) The APVMA is not required to take account of anything given in response to the invitation under paragraph (2)(e) that is not related to information:
(a) already given to the APVMA by, or on behalf of, the applicant; or
(b) set out in the notice under paragraph (2)(d).
(4) The APVMA is not required to comply with this section more than once in relation to a particular application.
(1) The regulations may include a schedule specifying chemical products, or classes of chemical products, that are listed chemical products for the purposes of this Code.
(2) Before the Governor‑General makes a regulation that includes, or amends, the schedule referred to in subsection (1), the APVMA must publish in the
Gazette , and in any other manner that the APVMA thinks appropriate, a notice:(a) stating that it proposes to recommend to the Minister that the regulation be made; and
(b) setting out particulars of the chemical products, or class of chemical products, that would be covered, or otherwise affected, by the regulation; and
(c) setting out a draft standard the APVMA proposes to make under section 8U in relation to each chemical product that would be covered by the regulation; and
(d) giving the reasons for the proposed recommendation; and
(e) inviting any person, within a period of at least 28 days specified in the notice, to make a written submission to the APVMA as to whether the proposed regulation should be made and stating the grounds on which the submission is based, which must be grounds relating to the matters mentioned in paragraph 8V(a).
(3) In making a recommendation to the Minister, the APVMA must take into account any submissions made in accordance with the invitation.
(4) Before the Governor‑General makes a regulation that includes, or amends, the schedule referred to in subsection (1):
(a) the APVMA must have recommended to the Minister that the regulation be made; and
(b) the APVMA must have given to the Minister:
(i) its reasons for the recommendation; and
(ii) written particulars of the product or class of products that would be covered, or otherwise affected, by the regulation; and
(iii) a draft of the standard that the APVMA proposes to make under section 8U for the product, or for products in the class, if the product or class is specified in the schedule; and
(iv) a written explanation as to why the APVMA is satisfied that the product, or class of products, meets the safety criteria, the trade criteria and the efficacy criteria (see section 8V); and
(v) a written statement identifying the consultations held by, and setting out the advice given to, the APVMA in relation to the proposed regulation.
(1) This section applies in respect of each listed chemical product, whether or not the product is the subject of a monograph in the British Pharmacopoeia or the British Pharmacopoeia (Veterinary) or in a similar publication.
(2) The APVMA must, by legislative instrument, make a standard for each listed chemical product. A particular standard may relate to a specified chemical product or specified chemical products or to each chemical product in a specified class of chemical products.
(3) The standard for a listed chemical product must require that the product be labelled in a manner, or kept in containers that comply with requirements, specified in the standard.
(4) The APVMA may, in a standard, direct that the particulars required by the standard be set out, in a manner specified in the standard, on:
(a) chemical products, or a class of chemical products, identified in the standard; or
(b) a container containing chemical products, or a class of chemical products, identified in the standard; or
(c) a label for containers for chemical products, or a class of chemical products, identified in the standard.
(5) A standard for a listed chemical product:
(a) may be specified by reference to any one or more of the following:
(i) the composition and form of the constituents of the product;
(ii) the physical and chemical properties of the chemical product;
(iii) the quantity of the chemical product when contained in specified containers;
(iv) procedures to be carried out in the manufacture of the chemical product;
(v) a monograph in the British Pharmacopoeia or the British Pharmacopoeia (Veterinary);
(vi) a monograph in another publication approved by the APVMA for the purposes of this subparagraph;
(vii) a monograph referred to in subparagraph (v) or (vi) as modified in a manner specified in the standard;
(viii) a standard published by Standards Australia;
(ix) such other matters as the APVMA thinks fit; and
(b) may require that a matter relating to the standard be determined in accordance with a particular test.
(6) Subsections (4) and (5) do not limit subsection (3).
(7) The standard made by the APVMA in relation to a listed chemical product is the
established standard for the product.Note: The APVMA may revoke or amend a standard. See subsection 33(3) of the
Acts Interpretation Act 1901 .
The APVMA must not make a standard for a listed chemical product unless the APVMA is satisfied that compliance with the standard would result in:
(a) the product meeting the safety criteria, the trade criteria and the efficacy criteria; and
(b) any label for containers for the product meeting the labelling criteria.
(1) A person may, in writing, apply to the APVMA for a copy of, or extract from, a document (other than a document in any part of the Record or Register) in the possession or custody of the APVMA in relation to an approved active constituent or registered chemical product.
(2) The APVMA must provide the copy or extract to the person if the person pays the prescribed fee (if any).
Note 1: See subsections 17(4) and (5) and 18(4) and (5) for access to the Record and Register.
Note 2: This subsection does not authorise the disclosure of confidential commercial information whose disclosure would otherwise be prohibited by section 162: see section 8X.
(1) Engaging in conduct in the performance of functions or duties, or the exercise of powers, under any of the following provisions does not authorise the disclosure of confidential commercial information whose disclosure would otherwise be prohibited by section 162:
ad No 125, 2013 | |
s 8T........................................... | ad No 125, 2013 |
s 8U........................................... | ad No 125, 2013 |
s 8V........................................... | ad No 125, 2013 |
Division 7.................................. | ad No 91, 2014 |
s 8W.......................................... | ad No 91, 2014 |
s 8X........................................... | ad No 91, 2014 |
s 9............................................. | am No 13, 2003; No 79, 2004; No 113, 2010 |
rs No 125, 2013 | |
am No 91, 2014 | |
Division 2 heading...................... | rs No 13, 2003; No 125, 2013 |
Subdivision A heading................. | ad No 125, 2021 |
s 9A........................................... | ad No 125, 2013 |
am No 125, 2021 | |
Subdivision B heading................. | ad No 125, 2021 |
s 10............................................ | am No 79, 2004 |
rs No 125, 2013 | |
s 11............................................ | am No 13, 2003; No 79, 2004; No 42, 2005 |
rs No 125, 2013 | |
am No 125, 2021 | |
s 11A......................................... | ad No 13, 2003 |
am No 79, 2004 | |
rep No 125, 2013 | |
s 11B......................................... | ad No 120, 2004 |
am. No. 120, 2004 | |
rep No 125, 2013 | |
s 12............................................ | rs No 13, 2003 |
am No 79, 2004 | |
rs No 125, 2013 | |
s 13............................................ | rs No 13, 2003 |
am No 79, 2004 | |
rs No 125, 2013 | |
s 13A......................................... | ad No 98, 2007 |
am No 121, 2010 | |
rep No 125, 2013 | |
s 14............................................ | am No 170, 2000; No 13, 2003; No 79, 2004; No 121, 2010 |
rs No 125, 2013 | |
s 14A......................................... | ad No 13, 2003 |
am No 79, 2004 | |
rs No 125, 2013 | |
am No 4, 2016; No 125, 2021 | |
s 14B......................................... | ad No 120, 2004 |
am No 120, 2004; No 125, 2013 | |
Subdivision C............................ | ad No 125, 2021 |
s 14C......................................... | ad No 125, 2021 |
s 14D........................................ | ad No 125, 2021 |
s 14E......................................... | ad No 125, 2021 |
Subdivision D heading................ | ad No 125, 2021 |
s 15............................................ | am No 79, 2004; No 120, 2004; No 125, 2013; No 91, 2014 |
s 16............................................ | am No 125, 2013 |
s 17............................................ | am No 13, 2003; No 79, 2004; No 125, 2013; No 91, 2014; No 125, 2021 |
s 18............................................ | am No 79, 2004; No 125, 2013; No 91, 2014 |
s 19............................................ | rs No 13, 2003 |
am No 79, 2004 | |
rs No 125, 2013 | |
am No 91, 2014 | |
s 20............................................ | rs No 13, 2003 |
am No 79, 2004 | |
rs No 125, 2013 | |
am No 91, 2014 | |
s 21............................................ | rs No 13, 2003 |
am No 79, 2004; No 100, 2005; No 113, 2010 | |
rs No 125, 2013 | |
s 22............................................ | am No 13, 2003; No 79, 2004 |
rs No 125, 2013 | |
s 23............................................ | am No 79, 2004; No 113, 2010 |
rs No 125, 2013 | |
am No 91, 2014 | |
s 23A......................................... | ad No 113, 2010 |
rep No 125, 2013 | |
s 24............................................ | am No 13, 2003; No 79, 2004 |
rep No 125, 2013 | |
s 25............................................ | am No 13, 2003; No 79, 2004 |
rep No 125, 2013 | |
s 26............................................ | am No 115, 2001; No 13, 2003; No 79, 2004 |
rs No 125, 2013 | |
Division 2AA............................. | ad No 91, 2014 |
s 26AA...................................... | ad No 91, 2014 |
s 26AB....................................... | ad No 91, 2014 |
s 26AC....................................... | ad No 91, 2014 |
s 26AD...................................... | ad No 91, 2014 |
Division 2A heading.................... | rs No 91, 2014 |
Division 2A................................ | ad No 113, 2010 |
rs No 125, 2013 | |
s 26A......................................... | ad No 113, 2010 |
rs No 125, 2013; No 91, 2014 | |
s 26B......................................... | ad No 125, 2013 |
rs No 91, 2014 | |
s 26C......................................... | ad No 125, 2013 |
rs No 91, 2014 | |
s 26D......................................... | ad No 125, 2013 |
am No 91, 2014 | |
Division 3 heading...................... | rs No 13, 2003; No 125, 2013 |
Division 3.................................. | rs No 125, 2013 |
s 26E......................................... | ad No 125, 2013 |
s 27............................................ | am No 79, 2004 |
rs No 125, 2013 | |
am No 91, 2014 | |
s 28............................................ | am No 13, 2003; No 79, 2004; No 113, 2010 |
rs No 125, 2013 | |
am No 125, 2021 | |
s 28A......................................... | ad No 120, 2004 |
rep No 125, 2013 | |
s 28B......................................... | ad No 120, 2004 |
am No 120, 2004 | |
rep No 125, 2013 | |
s 29............................................ | am No 170, 2000; No 13, 2003; No 79, 2004; No 113, 2010 |
rs No 125, 2013 | |
am No 125, 2021 | |
s 29A......................................... | ad No 125, 2013 |
s 29B......................................... | ad No 125, 2013 |
am No 91, 2014 | |
Division 3A................................ | ad No 125, 2013 |
rep No 91, 2014 | |
s 29C......................................... | ad No 125, 2013 |
rep No 91, 2014 | |
s 29D......................................... | ad No 125, 2013 |
rep No 91, 2014 | |
s 29E......................................... | ad No 125, 2013 |
rep No 91, 2014 | |
s 29F.......................................... | ad No 125, 2013 |
rep No 91, 2014 | |
s 29G......................................... | ad No 125, 2013 |
rep No 91, 2014 | |
s 29H......................................... | ad No 125, 2013 |
rep No 91, 2014 | |
s 29J.......................................... | ad No 125, 2013 |
rep No 91, 2014 | |
s 29K......................................... | ad No 125, 2013 |
rep No 91, 2014 | |
Division 4 heading...................... | rs No 125, 2013 |
s 29L......................................... | ad No 125, 2013 |
am No 91, 2014 | |
s 30............................................ | am No 79, 2004; No 125, 2013 |
s 31............................................ | am No 13, 2003; No 79, 2004; No 125, 2013 |
s 32............................................ | am No 59, 1996; No 115, 2001; No 13, 2003; No 79, 2004; No 125, 2013; No 91, 2014 |
s 33............................................ | am No 115, 2001; No 13, 2003; No 79, 2004; No 125, 2013; No 91, 2014 |
s 34............................................ | am No 170, 2000; No 13, 2003; No 79, 2004; No 113, 2010 |
rs No 125, 2013 | |
s 34A......................................... | ad No 13, 2003 |
am No 79, 2004; No 113, 2010 | |
rs No 125, 2013 | |
am No 91, 2014 | |
s 34AA...................................... | ad No 125, 2013 |
s 34AB....................................... | ad No 125, 2013 |
am No 91, 2014 | |
s 34AC....................................... | ad No 125, 2013 |
am No 91, 2014 | |
s 34AD...................................... | ad No 125, 2013 |
rep No 91, 2014 | |
s 34AE....................................... | ad No 125, 2013 |
rep No 91, 2014 | |
s 34AF....................................... | ad No 125, 2013 |
am No 91, 2014 | |
Division 4A................................ | ad No 120, 2004 |
s 34B......................................... | ad No 120, 2004 |
am No 120, 2004 | |
rep No 125, 2013 | |
s 34F.......................................... | ad No 125, 2013 |
am No 125, 2021 | |
Subdivision B heading................. | rs No 125, 2013 |
s 34C......................................... | ad No 120, 2004 |
am No 120, 2004; No 125, 2013 | |
renum No 125, 2013 | |
s 34G (prev s 34C)...................... | am No 91, 2014; No 125, 2021 |
s 34H......................................... | am No 125, 2013 |
renum No 125, 2013 s 34C(3), (4) to s 34H(1), (2) | |
Subdivision C............................. | rs No 125, 2013 |
s 34D......................................... | ad No 120, 2004 |
am No 120, 2004 | |
rep No 125, 2013 | |
s 34E......................................... | ad No 120, 2004 |
am No 120, 2004 | |
rep No 125, 2013 | |
s 34J.......................................... | ad No 125, 2013 |
am No 4, 2016; No 125, 2021 | |
s 34K......................................... | ad No 125, 2013 |
s 34KA...................................... | ad No 125, 2021 |
s 34L......................................... | ad No 125, 2013 |
s 34M........................................ | ad No 125, 2013 |
am No 125, 2021 | |
Subdivision D............................. | rep No 125, 2013 |
s. 34F......................................... | ad. No. 120, 2004 |
am. No. 120, 2004 | |
rep No 125, 2013 | |
Subdivision E............................. | rep No 125, 2013 |
s. 34G........................................ | ad. No. 120, 2004 |
am. No. 120, 2004 | |
rep No 125, 2013 | |
s 34MA...................................... | ad No 125, 2021 |
Division 5 heading...................... | rs No 125, 2013 |
s 34N......................................... | ad No 125, 2013 |
am No 125, 2021 | |
s 34P.......................................... | ad No 125, 2013 |
s 35............................................ | am. No. 79, 2004; No 125, 2013 |
s 35A......................................... | ad No 125, 2013 |
s 36............................................ | am. No. 79, 2004 |
s. 37........................................... | am. No. 13, 2003; No. 79, 2004 |
rep No 125, 2013 | |
s. 38........................................... | am. No. 13, 2003; No. 79, 2004; No 125, 2013 |
s 38A......................................... | am No 125, 2013 |
rs No 125, 2021 | |
s. 39........................................... | rs. No. 22, 1997 |
am. No. 79, 2004; No 125, 2013 | |
s 40............................................ | am. No. 13, 2003; No. 79, 2004; No. 113, 2010 |
rep No 125, 2013 | |
s 41............................................ | am. No. 13, 2003; No. 79, 2004; No. 113, 2010 |
rs No 125, 2013 | |
s 42............................................ | am No 13, 2003; No 79, 2004; No 125, 2013; No 125, 2021 |
s 43............................................ | am No 125, 2013; No 91, 2014; No 125, 2021 |
s. 44........................................... | am. No. 79, 2004; No 125, 2013 |
s. 45........................................... | am. No. 13, 2003; No 125, 2013 |
s 45A......................................... | ad No 13, 2003 |
am No 79, 2004 | |
rs No 125, 2013 | |
am No 125, 2021 | |
s 45B......................................... | ad No 125, 2013 |
s 45C......................................... | ad No 125, 2013 |
s 46............................................ | am No 13, 2003; No 79, 2004; No 125, 2013; No 125, 2021 |
Division 6 heading...................... | rs No 125, 2013 |
Subdivision A............................. | ad No 125, 2013 |
s 46A......................................... | ad No 125, 2013 |
am No 91, 2014 | |
Subdivision B heading................. | ad No 125, 2013 |
s. 47........................................... | am. No. 13, 2003; No. 113, 2010 |
rs No 125, 2013 | |
am No 91, 2014 | |
s 47A......................................... | ad No 125, 2013 |
rep No 91, 2014 | |
Subdivision C heading................. | ad No 125, 2013 |
rs No 91, 2014 | |
Subdivision C............................. | ad No 125, 2013 |
s 47B......................................... | ad No 125, 2013 |
rep No 91, 2014 | |
s 47C......................................... | ad No 125, 2013 |
am No 91, 2014 | |
s 47D......................................... | ad No 125, 2013 |
rs No 91, 2014 | |
s 47E......................................... | ad No 125, 2013 |
am No 91, 2014 | |
Subdivision D heading................. | ad No 125, 2013 |
s. 48........................................... | am. No. 79, 2004; No 125, 2013; No 91, 2014 |
s. 49........................................... | am. No. 13, 2003; No. 79, 2004 |
rs No 125, 2013 | |
am No 91, 2014 | |
s 50............................................ | rs No 125, 2013 |
am No 91, 2014 | |
s 51............................................ | am No 79, 2004; No 125, 2021 |
Division 7 heading...................... | rs No 79, 2004 |
rep No 125, 2013 | |
Division 7.................................. | rep No 125, 2013 |
s. 52........................................... | am. No. 79, 2004 |
rep No 125, 2013 | |
s 53............................................ | am. No. 13, 2003; No. 79, 2004 |
rep No 125, 2013 | |
s 54............................................ | am. No. 13, 2003; No. 79, 2004 |
rep No 125, 2013 | |
s. 55........................................... | am. No. 115, 2001; No. 13, 2003; No. 79, 2004 |
rep No 125, 2013 | |
s. 56........................................... | am. No. 79, 2004 |
rep No 125, 2013 | |
Part 2A...................................... | ad. No. 13, 2003 |
rep No 125, 2013 | |
s. 56A........................................ | ad. No. 13, 2003 |
am. No. 79, 2004 | |
rep No 125, 2013 | |
s. 56B........................................ | ad. No. 13, 2003 |
rep No 125, 2013 | |
s. 56C........................................ | ad. No. 13, 2003 |
am. No. 79, 2004 | |
rep No 125, 2013 | |
s. 56D........................................ | ad. No. 13, 2003 |
am. No. 79, 2004; No. 46, 2011 | |
rep No 125, 2013 | |
s 56E......................................... | ad. No. 13, 2003 |
am. No. 79, 2004 | |
rep No 125, 2013 | |
s 56F.......................................... | ad. No. 13, 2003 |
am. No. 79, 2004 | |
rep No 125, 2013 | |
s 56G......................................... | ad. No. 13, 2003 |
rep No 125, 2013 | |
s 56H......................................... | ad. No. 13, 2003 |
rep No 125, 2013 | |
s 56I.......................................... | ad. No. 13, 2003 |
am. No. 79, 2004 | |
rep No 125, 2013 | |
s 56J.......................................... | ad. No. 13, 2003 |
am. No. 79, 2004 | |
rep No 125, 2013 | |
s 56K......................................... | ad. No. 13, 2003 |
am. No. 79, 2004 | |
rep No 125, 2013 | |
s. 56L........................................ | ad. No. 13, 2003 |
rep No 125, 2013 | |
s. 56M....................................... | ad. No. 13, 2003 |
am. No. 79, 2004 | |
rep No 125, 2013 | |
s. 56N........................................ | ad. No. 13, 2003 |
rep No 125, 2013 | |
s 56O......................................... | ad. No. 13, 2003 |
am. No. 79, 2004 | |
rep No 125, 2013 | |
s 56P.......................................... | ad. No. 13, 2003 |
am. No. 79, 2004 | |
rep No 125, 2013 | |
s 56Q......................................... | ad. No. 13, 2003 |
am. No. 79, 2004 | |
rep No 125, 2013 | |
s 56R......................................... | ad. No. 13, 2003 |
am. No. 79, 2004 | |
rep No 125, 2013 | |
s 56S.......................................... | ad. No. 13, 2003 |
am. No. 79, 2004 | |
rep No 125, 2013 | |
s 56T......................................... | ad. No. 13, 2003 |
am. No. 79, 2004 | |
rep No 125, 2013 | |
s 56U......................................... | ad. No. 13, 2003 |
am. No. 79, 2004 | |
rep No 125, 2013 | |
s. 56V........................................ | ad. No. 13, 2003 |
am. No. 79, 2004 | |
rep No 125, 2013 | |
s. 56W....................................... | ad. No. 13, 2003 |
am. No. 79, 2004 | |
rep No 125, 2013 | |
s. 56X........................................ | ad. No. 13, 2003 |
am. No. 79, 2004 | |
rep No 125, 2013 | |
s. 56Y........................................ | ad. No. 13, 2003 |
am. No. 79, 2004 | |
rep No 125, 2013 | |
s. 56Z........................................ | ad. No. 13, 2003 |
am. No. 79, 2004 | |
rep No 125, 2013 | |
s 56ZA....................................... | ad. No. 13, 2003 |
am. No. 79, 2004 | |
rep No 125, 2013 | |
s 56ZB....................................... | ad. No. 13, 2003 |
am. No. 79, 2004 | |
rep No 125, 2013 | |
s. 56ZC...................................... | ad. No. 13, 2003 |
am. No. 79, 2004 | |
rep No 125, 2013 | |
s. 56ZD...................................... | ad. No. 13, 2003 |
am. No. 79, 2004 | |
rep No 125, 2013 | |
s 56ZE....................................... | ad. No. 13, 2003 |
am. No. 79, 2004 | |
rep No 125, 2013 | |
s 56ZF....................................... | ad. No. 13, 2003 |
am. No. 79, 2004 | |
rep No 125, 2013 | |
s 56ZG....................................... | ad. No. 13, 2003 |
am. No. 79, 2004 | |
rep No 125, 2013 | |
s. 56ZH...................................... | ad. No. 13, 2003 |
rep No 125, 2013 | |
s 56ZI........................................ | ad. No. 13, 2003 |
am. No. 79, 2004 | |
rep No 125, 2013 | |
s 56ZJ........................................ | ad. No. 13, 2003 |
am. No. 79, 2004 | |
rep No 125, 2013 | |
s. 56ZK...................................... | ad. No. 13, 2003 |
rep No 125, 2013 | |
s 56ZL....................................... | ad. No. 13, 2003 |
am. No. 79, 2004 | |
rep No 125, 2013 | |
s 56ZM...................................... | ad. No. 13, 2003 |
am. No. 79, 2004 | |
rep No 125, 2013 | |
s. 56ZN...................................... | ad. No. 13, 2003 |
rep No 125, 2013 | |
Division 9 heading...................... | rs No 79, 2004 |
rep No 125, 2013 | |
s 56ZO....................................... | ad. No. 13, 2003 |
am. No. 79, 2004 | |
rep No 125, 2013 | |
s 56ZP....................................... | ad. No. 13, 2003 |
am. No. 79, 2004 | |
rep No 125, 2013 | |
s 56ZQ....................................... | ad. No. 13, 2003 |
am. No. 79, 2004 | |
rep No 125, 2013 | |
s 56ZR....................................... | ad. No. 13, 2003 |
am. No. 79, 2004 | |
rep No 125, 2013 | |
s 56ZS....................................... | ad. No. 13, 2003 |
am. No. 79, 2004 | |
rep No 125, 2013 | |
s 56ZT....................................... | ad. No. 13, 2003 |
am. No. 79, 2004 | |
rep No 125, 2013 | |
Part 2B....................................... | ad. No. 13, 2003 |
s. 56ZU...................................... | ad. No. 13, 2003 |
am. No. 79, 2004; No 125, 2013 | |
s. 57........................................... | am. No. 22, 1997; No. 79, 2004; No 125, 2013 |
s 58............................................ | am No 79, 2004; No 120, 2004 |
rep No 125, 2013 | |
s 59............................................ | am No 59, 1996; No 22, 1997; No 13, 2003; No 79, 2004; No 125, 2013; No 91, 2014; No 125, 2021 |
s. 60........................................... | am. No. 22, 1997; No. 79, 2004; No 125, 2013 |
s. 61........................................... | am. No. 22, 1997; No. 115, 2001; No. 79, 2004; No 125, 2013 |
s 62............................................ | am. No. 79, 2004; No 125, 2013 |
s 63............................................ | am. No. 79, 2004 |
s 64............................................ | am. No. 79, 2004 |
s. 68........................................... | am. No. 79, 2004 |
s. 69........................................... | am. No. 22, 1997; No. 55, 2001; No. 79, 2004; No 125, 2013 |
s. 70........................................... | am. No. 115, 2001; No. 79, 2004; No 125, 2013 |
s 71............................................ | am No 125, 2013 |
s. 72........................................... | am. No. 22, 1997; No. 13, 2003; No 125, 2013 |
s 74............................................ | am No 115, 2001; No 79, 2004; No 125, 2013; No 125, 2021 |
s 75............................................ | am No 115, 2001; No 13, 2003; No 79, 2004; No 125, 2013; No 125, 2021 |
s 76............................................ | am No 115, 2001; No 79, 2004; No 125, 2013; No 125, 2021 |
s 77............................................ | am No 115, 2001; No 125, 2013 |
s 78............................................ | am No 115, 2001; No 13, 2003; No 79, 2004; No 125, 2013; No 125, 2021 |
s 79............................................ | am No 115, 2001; No 125, 2013 |
s 79A......................................... | ad. No. 13, 2003 |
rep No 125, 2013 | |
s 79B......................................... | ad. No. 13, 2003 |
am No 125, 2013 | |
s 80............................................ | am No 115, 2001; No 13, 2003; No 125, 2013 |
s 81............................................ | am No 115, 2001; No 13, 2003; No 79, 2004; No 113, 2010; No 125, 2013; No 125, 2021 |
s. 82........................................... | am. No. 115, 2001 |
rep No 125, 2013 | |
s. 83........................................... | am. No. 115, 2001; No 125, 2013 |
s. 83A........................................ | ad. No. 13, 2003 |
rep No 125, 2013 | |
s. 84........................................... | am. No. 115, 2001; No. 13, 2003; No. 79, 2004; No 125, 2013 |
s. 85........................................... | am. No. 115, 2001; No 125, 2013 |
s. 86........................................... | am. No. 115, 2001; No. 13, 2003 |
rs. No. 113, 2010 | |
am No 125, 2013; No 91, 2014 | |
s. 87........................................... | am. No. 115, 2001; No. 13, 2003; No 125, 2013 |
s. 87A........................................ | ad. No. 13, 2003 |
rep No 125, 2013 | |
s 88............................................ | am No 115, 2001; No 13, 2003; No 125, 2013 |
s. 89........................................... | am. No. 115, 2001; No. 79, 2004; No 125, 2013 |
s. 89A........................................ | ad. No. 13, 2003 |
am No 125, 2013; No 91, 2014 | |
s. 90........................................... | am. No. 115, 2001; No 125, 2013 |
s. 91........................................... | am. No. 115, 2001; No. 79, 2004; No 125, 2013; No 5, 2015 |
s. 92........................................... | am. No. 115, 2001; No 125, 2013 |
s. 93........................................... | am. No. 79, 2004 |
s 94............................................ | am. No. 115, 2001; No 125, 2013 |
s 95............................................ | am. No. 115, 2001; No 125, 2013 |
s. 97........................................... | am. No. 115, 2001; No. 13, 2003; No. 79, 2004; No 125, 2013 |
s 98............................................ | am No 125, 2013 |
ed C29 | |
s 99............................................ | am No 115, 2001; No 13, 2003; No 79, 2004; No 100, 2005; No 125, 2013; No 91, 2014 |
s 100.......................................... | am No 88, 1995; No 79, 2004; No 103, 2010; No 125, 2021 |
s 101.......................................... | am. No. 13, 2003; No. 79, 2004; No 125, 2013 |
s 102.......................................... | am. No. 13, 2003; No. 79, 2004; No 125, 2013 |
s. 103......................................... | am. No. 59, 1996; No. 13, 2003; No. 79, 2004; No. 113, 2010; No 125, 2013 |
s. 104......................................... | am. No. 79, 2004; No 125, 2013 |
s. 105......................................... | am. No. 115, 2001; No 125, 2013 |
s 106.......................................... | am No 103, 2010 |
rs No 125, 2021 | |
s 108.......................................... | am. No. 13, 2003; No 125, 2013 |
s 109.......................................... | am. No. 13, 2003; No 125, 2013; No 5, 2015 |
s. 110......................................... | am. No. 79, 2004; No 125, 2013 |
s 110A....................................... | ad No 125, 2013 |
am No 125, 2021 | |
s. 111......................................... | am. No. 13, 2003; No. 79, 2004; No 125, 2013 |
s. 112......................................... | am. No. 13, 2003; No. 79, 2004; No 125, 2013 |
s 112A....................................... | ad No 125, 2013 |
s. 113......................................... | am. No. 79, 2004 |
s. 114......................................... | am. No. 170, 2000; No. 79, 2004; No 125, 2013 |
s. 115......................................... | am. No. 79, 2004; No 125, 2013 |
s 116.......................................... | am No 125, 2013; No 91, 2014 |
s 117.......................................... | am. No. 79, 2004; No 125, 2013 |
s 117A....................................... | ad No 125, 2013 |
am No 125, 2021 | |
s 118.......................................... | am. No. 79, 2004; No 125, 2013 |
s 119.......................................... | am. No. 79, 2004; No 125, 2013 |
s 119A....................................... | ad No 125, 2013 |
s 119B....................................... | ad No 125, 2013 |
s. 120......................................... | am. No. 79, 2004; No 125, 2013 |
s. 120A...................................... | ad. No. 13, 2003 |
am No 125, 2013; No 91, 2014 | |
s. 121......................................... | am. No. 115, 2001; No. 79, 2004; No 125, 2013; No 91, 2014 |
s. 122......................................... | am. No. 13, 2003; No. 79, 2004; No 125, 2013 |
s. 123......................................... | am. No. 79, 2004; No 125, 2013 |
s. 124......................................... | am. No. 13, 2003; No. 79, 2004 |
rep No 125, 2013 | |
s. 126......................................... | am. No. 79, 2004; No 125, 2013 |
s. 127......................................... | am. No. 13, 2003; No. 79, 2004; No 125, 2013 |
s. 128......................................... | am. No. 79, 2004 |
Part 9 heading............................. | rs No 125, 2013 |
s 129.......................................... | rs No 125, 2013 |
Division 2.................................. | rs No 125, 2013 |
s 130.......................................... | rs No 125, 2013 |
s 130A....................................... | ad No 125, 2013 |
s 130B....................................... | ad No 125, 2013 |
s 130C....................................... | ad No 125, 2013 |
Division 3 heading...................... | rs No 125, 2013 |
Subdivision A heading................. | ad No 125, 2013 |
s. 131......................................... | am. No. 115, 2001; No. 79, 2004 |
rs No 125, 2013 | |
s 131AA..................................... | ad No 125, 2013 |
s 131A....................................... | ad No 125, 2013 |
s 131B....................................... | ad No 125, 2013 |
s 131C....................................... | ad No 125, 2013 |
s 131D....................................... | ad No 125, 2013 |
s 131E........................................ | ad No 125, 2013 |
Subdivision B............................. | ad No 125, 2013 |
s 131F........................................ | ad No 125, 2013 |
s 131G....................................... | ad No 125, 2013 |
am No 5, 2015 | |
Division 4.................................. | ad No 125, 2013 |
s. 132......................................... | am. No. 79, 2004 |
rs No 125, 2013 | |
s 132A....................................... | ad No 125, 2013 |
s 132B....................................... | ad No 125, 2013 |
s 132C....................................... | ad No 125, 2013 |
s 132D....................................... | ad No 125, 2013 |
s 132E........................................ | ad No 125, 2013 |
s 132F........................................ | ad No 125, 2013 |
s 132G....................................... | ad No 125, 2013 |
s 132H....................................... | ad No 125, 2013 |
Division 5 heading...................... | ad No 125, 2013 |
s 133.......................................... | rs No 125, 2013 |
s 134.......................................... | am No 125, 2013 |
s 135.......................................... | rs No 125, 2013 |
s 136.......................................... | rs No 125, 2013 |
s 137.......................................... | rs No 125, 2013 |
s. 138......................................... | am. No. 79, 2004 |
rs No 125, 2013 | |
Division 6.................................. | ad No 125, 2013 |
s 138A....................................... | ad No 125, 2013 |
s 138B....................................... | ad No 125, 2013 |
Division 7.................................. | ad No 125, 2013 |
s 138C....................................... | ad No 125, 2013 |
s 138D....................................... | ad No 125, 2013 |
Division 8 heading...................... | ad No 125, 2013 |
s 139.......................................... | am No 125, 2013 |
s 139A....................................... | ad No 125, 2013 |
s 140.......................................... | am No 125, 2013; No 62, 2014 |
s 141.......................................... | am No 125, 2013 |
s 141A....................................... | ad No 125, 2013 |
s. 142......................................... | am. No. 79, 2004; No 125, 2013 |
Division 9.................................. | ad No 125, 2013 |
s 143.......................................... | rs No 125, 2013 |
s 143A....................................... | ad No 125, 2013 |
s 143B....................................... | ad No 125, 2013 |
s 143C....................................... | ad No 125, 2013 |
s 143D....................................... | ad No 125, 2013 |
s 143E........................................ | ad No 125, 2013 |
Division 10................................. | ad No 125, 2013 |
s 143F........................................ | ad No 125, 2013 |
s. 144......................................... | am. No. 115, 2001 |
rep No 125, 2013 | |
Part 9A...................................... | ad No 125, 2013 |
s. 145......................................... | rs. No. 13, 2003 |
am. No. 79, 2004 | |
rs No 125, 2013 | |
s 145A....................................... | ad No 125, 2013 |
s 145AA..................................... | ad No 125, 2013 |
s 145AB..................................... | ad No 125, 2013 |
s 145AC..................................... | ad No 125, 2013 |
s 145AD..................................... | ad No 125, 2013 |
s 145AE..................................... | ad No 125, 2013 |
s 145AF..................................... | ad No 125, 2013 |
s 145AG..................................... | ad No 125, 2013 |
s 145B....................................... | ad No 125, 2013 |
s 145BA..................................... | ad No 125, 2013 |
s 145BB..................................... | ad No 125, 2013 |
s 145BC..................................... | ad No 125, 2013 |
s 145C....................................... | ad No 125, 2013 |
s 145CA..................................... | ad No 125, 2013 |
s 145CB..................................... | ad No 125, 2013 |
s 145CC..................................... | ad No 125, 2013 |
s 145CD..................................... | ad No 125, 2013 |
s 145CE..................................... | ad No 125, 2013 |
s 145CF..................................... | ad No 125, 2013 |
s 145CG..................................... | ad No 125, 2013 |
s 145DA..................................... | ad No 125, 2013 |
s 145DB..................................... | ad No 125, 2013 |
s 145DC..................................... | ad No 125, 2013 |
s 145DD..................................... | ad No 125, 2013 |
s 145DE..................................... | ad No 125, 2013 |
s 145DF..................................... | ad No 125, 2013 |
s 145E........................................ | ad No 125, 2013 |
s 145EA..................................... | ad No 125, 2013 |
s 145F........................................ | ad No 125, 2013 |
s 145FA..................................... | ad No 125, 2013 |
s 145FB..................................... | ad No 125, 2013 |
s 145FC..................................... | ad No 125, 2013 |
s 145G....................................... | ad No 125, 2013 |
s 145GA..................................... | ad No 125, 2013 |
s 145GB..................................... | ad No 125, 2013 |
s 145H....................................... | ad No 125, 2013 |
am No 62, 2014 | |
s 145J........................................ | ad No 125, 2013 |
Division 4 heading...................... | rep No 125, 2013 |
Division 9 heading...................... | ad No 125, 2013 |
s 146.......................................... | rs No 125, 2013 |
am No 125, 2021 | |
s 146A....................................... | ad No 91, 2014 |
s 147.......................................... | rs No 125, 2013 |
s 148.......................................... | rep No 125, 2013 |
s. 149......................................... | am. No. 13, 2003; No. 79, 2004; No 125, 2013; No 61, 2016 |
s 149A....................................... | ad No 125, 2013 |
am No 62, 2014 | |
s. 150......................................... | am. No. 79, 2004 |
s 151.......................................... | am No 5, 2015 |
s. 152......................................... | am. No. 115, 2001; No. 13, 2003; No 125, 2013 |
s. 154......................................... | am. No. 79, 2004 |
s. 156......................................... | rs. No. 59, 1996 |
am. No. 79, 2004 | |
s 156A....................................... | ad No 125, 2013 |
s. 157......................................... | am. No. 79, 2004; No 125, 2013 |
s. 158......................................... | am. No. 79, 2004 |
rep. No. 113, 2010 | |
s. 159......................................... | am. No. 129, 1994; No. 13, 2003; No. 79, 2004; No 125, 2013; No 91, 2014 |
s. 160......................................... | am. No. 13, 2003; No. 79, 2004; No 125, 2013 |
s 160A....................................... | ad No 13, 2003 |
am No 79, 2004; No 125, 2013; No 4, 2016; No 125, 2021 | |
s 161.......................................... | am No 13, 2003; No 79, 2004; No 125, 2013; No 125, 2021 |
s. 162......................................... | am. No. 115, 2001; No. 13, 2003; No. 79, 2004; No. 113, 2010; No 125, 2013 |
s. 163......................................... | am. No. 79, 2004; No 125, 2013 |
s 163A....................................... | ad No 125, 2013 |
am No 126, 2015 | |
s 163B....................................... | ad No 125, 2013 |
s. 164......................................... | am. No. 79, 2004; No. 42, 2005; No 125, 2013; No 91, 2014 |
s. 165......................................... | am. No. 79, 2004; No. 42, 2005; No 125, 2013; No 91, 2014 |
s 165A....................................... | ad No 125, 2013 |
s 166.......................................... | am No 79, 2004; No 125, 2013; No 91, 2014; No 125, 2021; No 39, 2024 |
s 167.......................................... | am No 22, 1997; No 13, 2003; No 79, 2004; No 120, 2004; No 113, 2010; No 125, 2013; No 91, 2014; No 145, 2015; No 125, 2021; No 39, 2024 |
s 168.......................................... | am No 39, 2024 |
s. 169......................................... | am. No. 79, 2004; No 125, 2013 |
s. 170A...................................... | ad. No. 79, 2004 |
am No 125, 2013 | |
s 172.......................................... | am. No. 79, 2004 |
s 173.......................................... | am. No. 79, 2004 |
rep No 125, 2013 | |
s 174.......................................... | am. No. 79, 2004 |
s 175.......................................... | am. No. 79, 2004 |
rep No 125, 2013 | |
s 176.......................................... | am. No. 79, 2004 |
s 177.......................................... | am. No. 79, 2004 |
rep No 125, 2013 | |
s. 178......................................... | am. No. 13, 2003; No. 79, 2004; No 125, 2013 |
s. 179......................................... | am. No. 79, 2004 |
rep No 125, 2013 | |
s 180.......................................... | am No 59, 1996; No 79, 2004; No 125, 2013 |
rep No 125, 2021 | |
s 181.......................................... | am. No. 79, 2004 |
s 182.......................................... | am. No. 79, 2004 |
rep No 125, 2013 | |
s 183.......................................... | am No 79, 2004 |
rep No 125, 2021 | |
s 184.......................................... | am No 79, 2004; No 125, 2013 |
rep No 125, 2021 |
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