Agricultural and Veterinary Chemicals Code Amendment Regulations 2004 (No. 2) (Cth)

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Agricultural and Veterinary Chemicals Code Amendment Regulations 2004 (No. 2)1

Statutory Rules 2004 No. 2252

I, PHILIP MICHAEL JEFFERY, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Agricultural and Veterinary Chemicals Code Act 1994.

Dated 21 July 2004

P. M. JEFFERY

Governor-General

By His Excellency’s Command

JUDITH TROETH

Parliamentary Secretary to the Minister for Agriculture, Fisheries and Forestry

1Name of Regulations

These Regulations are the Agricultural and Veterinary Chemicals Code Amendment Regulations 2004 (No. 2).

2Commencement

These Regulations commence on gazettal.

3Amendment of Agricultural and Veterinary Chemicals Code Regulations 1995

Schedule 1 amends the Agricultural and Veterinary Chemicals Code Regulations 1995.

Schedule 1Amendments

(regulation 3)

  

[1]Paragraph 8 (4) (b)

omit

directions

insert

instructions

[2]Subregulations 9 (1) and 10 (1)

omit

paragraph 14 (3) (d) of the Code (which deals with the grant or refusal of applications),

insert

paragraphs 14 (3) (d) and 29 (1) (d) of the Code,

[3]Subregulation 11 (1)

omit

paragraph 14 (3) (d) of the Code (which deals with the grant or refusal of applications),

insert

paragraphs 14 (3) (d) and 29 (1) (d) and subsection 34A (1) of the Code,

[4]Paragraph 11 (2) (m)

omit

product

insert

label (including any distinguishing number given to the label under paragraph 178 (2) (a) of the Code)

[5]Regulation 11A

omit

paragraph 14 (3) (d)

insert

paragraphs 14 (3) (d) and 29 (1) (d) and subsection 34A (1)

[6]Regulation 12

omit

subparagraph 14 (3) (g) (x) of the Code (which deals with the grant or refusal of applications),

insert

subparagraph 14 (3) (g) (x), subsection 34A (1) and subparagraph 56E (1) (f) (x) of the Code,

[7]Paragraph 12 (b)

substitute

  1. (b)

    any matter, other than a matter referred to in subparagraph 14 (3) (g) (ix) or 56E (1) (f) (ix) of the Code, that, in the opinion of the NRA, requires additional instructions.

[8]Regulation 14

omit

paragraph 14 (5) (i) of the Code (which deals with the grant or refusal of applications),

insert

paragraphs 14 (5) (i) and 56E (2) (i) of the Code,

[9]Regulation 15

omit

For the purposes of subsection 19 (2) of the Code (which deals with approval of an active constituent),

insert

  1. (1)

    Subject to subregulation (2), for the purposes of subsection 19 (2) of the Code,

[10]Paragraph 15 (j)

omit

ends;

insert

ends.

[11]Paragraph 15 (k)

omit

[12]Regulation 15

insert

  1. (2)

    In relation to an active constituent approved in accordance with section 14A of the Code, the particulars mentioned in paragraphs (1) (c) to (j) need be entered in the Record of Approved Active Constituents only if those particulars are readily available to the NRA.

[13]Paragraph 16 (d)

substitute

  1. (d)

    if possible, the composition and purity of each active constituent of the chemical product;

[14]Paragraph 16 (g)

omit

the manufacturer

insert

each manufacturer

[15]Paragraph 16 (k)

omit

ends;

insert

ends.

[16]Paragraph 16 (l)

omit

[17]Regulation 17

omit

[18]Regulation 19, heading

substitute

19Information to be given in notice to approved person

[19]Subregulation 19 (1)

omit each mention of

applicant

insert

approved person

[20]Subregulation 19 (2)

omit

applicant

insert

approved person

[21]Paragraph 19 (2) (d)

omit

ends.

insert

ends;

[22]After paragraph 19 (2) (d)

insert

  1. (e)

    particulars of any notice of the registration to be published under subsection 52 (2) of the Code;

  2. (f)

    any other details, entered in the Register of Chemical Products, about the chemical product that the NRA thinks appropriate.

[23]Subregulation 19 (3)

omit

applicant

insert

approved person

[24]After regulation 19

insert

19AVariation of relevant particulars or conditions of approval or registration

For the purposes of paragraph 29 (1) (d) of the Code, regulations 9, 10, 11 and 11A apply to an application for variation of the relevant particulars or of the conditions of approval or registration as they apply to an application for approval or registration.

[25]Regulation 20

omit

For the purposes of subsection 31 (2) of the Code (which deals with reconsideration of approval or registration),

insert

For the purposes of paragraph 32 (1) (aa) and subsection 34 (5) of the Code,

[26]Regulation 20

omit

recommendations

insert

instructions

[27]Regulation 21

omit everything before paragraph (a), insert

For the purposes of paragraph 32 (1) (aa) and subsection 34 (5) of the Code, the requirements for continued registration of a chemical product are:

[28]Paragraphs 21 (a) and (b)

omit

recommendations

insert

instructions

[29]Regulation 22

substitute

22Continued approval of a label

For the purposes of paragraph 32 (1) (aa) and subsection 34 (5) of the Code, the requirements of continued approval of a label for containers for a chemical product are that:

  1. (a)

    the label contains adequate instructions about such of the matters set out in paragraph 14 (3) (g) of the Code (including matters prescribed in regulation 12 for the purposes of subparagraph 14 (3) (g) (x) of the Code), as the NRA thinks appropriate; and

  2. (b)

    the label complies with regulation 11 and any orders made for the purposes of regulation 11A; and

  3. (c)

    if necessary, the approval is subject to appropriate conditions under section 23 of the Code.

[30]After Part 2

insert

Part 2AListable chemical products

23AListing Schedule

Note This regulation is reserved for future use.

23BParticulars of registered listed chemical products to be recorded

  1. (1)

    For the purposes of paragraph 56M (2) (a) of the Code, the following particulars must be entered in the Register of Chemical Products in relation to the listed registration of a chemical product:

    1. (a)

      the distinguishing name of the product proposed by the applicant and accepted by the NRA;

    2. (b)

      the constituents of the product;

    3. (c)

      the concentration of each constituent of the product;

    4. (d)

      if possible, the composition and purity of each active constituent of the product;

    5. (e)

      the name and business address of the applicant;

    6. (f)

      the name of each State or Territory in respect of which the product is registered;

    7. (g)

      the name of each manufacturer of the product;

    8. (h)

      the address of each site at which the product is manufactured by the manufacturer;

    9. (i)

      the date of entry of these particulars in the Register of Chemical Products;

    10. (j)

      the date on which the registration ends.

  2. (2)

    Subregulation (1) does not apply in relation to particulars that are contained in the established standard for the registered listed chemical product.

23CContainers for the supply of registered listed chemical products

(1) Subject to subregulation (2), for the purposes of paragraph 56O (2) (a) of the Code, a container for a registered listed chemical product must:

  1. (a)

    be impervious to, and incapable of chemical reaction with, its contents when under conditions of temperature and pressure that are likely to be encountered in normal service; and

  2. (b)

    have sufficient strength and impermeability to prevent leakage of its contents during handling, transport and storage under normal handling conditions; and

  3. (c)

    if it is intended to be opened more than once — be able to be securely and readily closed and reclosed; and

  4. (d)

    have sufficient excess capacity to prevent it from breaking if its contents expand during handling, transport or storage; and

  5. (e)

    enable all or any part of its contents to be removed or discharged in such a way that, with the exercise of no more than reasonable care, the contents cannot:

    1. (i)

      harm any person; or

    2. (ii)

      have an unintended effect that is harmful to the environment.

(2) Subregulation (1) does not apply if the established standard for the registered listed chemical product requires the product to be kept in containers that comply with requirements specified in the standard.

(3) Nothing in subregulations (1) and (2) is intended to affect the operation of any other law that applies in relation to containers for chemical products.

23DInformation to be given in notice to approved person

For the purposes of subsection 56P (2) of the Code, the following information must be contained in a notice to the approved person of the listed registration of a chemical product:

  1. (a)

    if the established standard that applies to the registered listed chemical product has been published in the Gazette — the date of its publication;

  2. (b)

    if the established standard that applies to the registered listed chemical product has not been published in the Gazette — a copy of the established standard;

  3. (c)

    a copy or sample of any label for the container for the registered listed chemical product, being a label that is contained in, or required by, the established standard that applies to the product;

  4. (d)

    the date of its registration under section 56N of the Code;

  5. (e)

    the date on which the registration ends;

(f) any conditions of the registration under section 56O of the Code, other than a condition specifying the date on which the registration ends;

  1. (g)

    particulars of any notice of listed registration to be published under subsection 56ZO (1) of the Code;

  2. (h)

    any other details, entered in the Register of Chemical Products, about the registered listed chemical product that the NRA thinks appropriate.

23EContinued listed registration of chemical product

For the purposes of paragraph 56X (1) (b) of the Code, the requirements for continued listed registration of a chemical product are:

  1. (a)

    that the continued use of, or any other dealing with, the product in accordance with the instructions for its use or for such a dealing that the NRA has approved:

    1. (i)

      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

    2. (ii)

      would not be likely to have an effect that is harmful to human beings; and

    3. (iii)

      would not be likely to have an unintended effect that is harmful to animals, plants or things or to the environment; and

    4. (iv)

      would not unduly prejudice trade or commerce between Australia and places outside Australia; and

  2. (b)

    that the continued use of the product in accordance with the instructions for its use that the NRA has approved would be effective according to criteria determined by the NRA for the product.

23FLate applications for renewal of listed registration of chemical product

(1) For the purposes of subsection 56ZL (3) of the Code, the NRA may accept a late application for the renewal of the listed registration of a chemical product:

  1. (a)

    if:

    1. (i)

      before the end of the period for making an application referred to in subsection 56ZL (2) of the Code, the applicant requests in writing that the NRA accept a late application; and

    2. (ii)

      the NRA agrees to that request; or

  2. (b)

    in any other case — if the NRA thinks it would be unreasonable not to accept the late application.

  1. (2)

    Subject to subregulation (3), the fee payable for acceptance of a late application for the renewal of the listed registration of a chemical product is $30.

  2. (3)

    No fee is payable for acceptance of a late application for the renewal of the listed registration of a chemical product if the application is one to which paragraph (1) (a) applies.

Part 2BReserved chemical products

Note This Part is reserved for future use.

[31]Subregulations 41 (1) and (2)

substitute

  1. (1)

    This regulation has effect for the purposes of sections 83, 83A, 99 and 102 of the Code.

  2. (2)

    For the purposes of paragraphs 83 (1) (a), 83A (1) (a), 99 (2) (a) and 102 (1) (b) and (ba) of the Code, the prescribed extent, in the case of an active constituent of a registered chemical product or registered listed chemical product, is nil.

[32]Subregulation 41 (3)

omit

83 (b), 99 (2) (b) and 102 (1) (c)

insert

83 (1) (b), 83A (1) (b), 99 (2) (b) and 102 (1) (c) and (ca)

[33]Subregulation 41 (3)

omit

product:

insert

product or registered listed chemical product:

[34]Paragraphs 65 (a) and (b)

substitute

  1. (a)

    the Department of Health and Ageing of the Commonwealth;

  2. (b)

    the Department of the Environment and Heritage of the Commonwealth;

[35]Subregulation 70 (2)

omit

subregulation (6),

insert

subregulations (4) and (6),

[36]After subregulation 70 (3)

insert

  1. (4)

    Despite subregulations (2) and (3), for the purposes of subsection 11A (4) of the Code, the fee paid in respect of the preliminary assessment of an application of a kind specified in column 2 of an item in Schedule 6 is taken to be:

    1. (a)

      in the case of items 6, 11, 17, 19, 23A, 23B, 27, 38, 39, 42, 43, 47, 48 or 49 in Schedule 6 — nil; and

    2. (b)

      in any other case in Schedule 6 — $620.

[37]Subregulation 71A (2)

omit

substance or a pool or spa hypochlorite)

insert

substance)

[38]Paragraph 71A (2) (a)

substitute

  1. (a)

    $200 — if:

    1. (i)

      there is no leviable value in respect of the product for the relevant calendar year; or

    2. (ii)

      the product is a pool or spa hypochlorite or a listed chemical product; or

[39]Subregulation 71A (7), including the note

omit

[40]Subregulation 78 (4)

substitute

  1. (4)

    Subject to subregulation (5), the NRA must, within 1 month after receiving an application, notify the applicant in writing:

    1. (a)

      that the NRA will proceed with the technical evaluation and assessment of the application under section 14 of the Code; and

    2. (b)

      that if, under section 159 of the Code, the NRA requires a person to give further information about the application, consideration of the application may be suspended, or the application may be treated as withdrawn, if the person fails to comply with the requirement.

  2. (5)

    Subregulation (4) does not apply to an application if the NRA gives notice to an approved person under subsection 11A (2) or (5) of the Code.

[41]Schedule 6, after item 23A

insert

 

23B

Application for listed registration of a listable chemical product for which there is an established standard

The modular assessment period

$310

Notes

1. These Regulations amend Statutory Rules 1995 No. 27, as amended by 1995 Nos. 54, 137 and 187; 1996 Nos. 83, 111, 162 and 216; 1997 No. 264; 1999 Nos. 215 and 247; 2002 Nos. 60 and 207; 2003 No. 8; 2004 No. 224.

2. Notified in the Commonwealth of Australia Gazette

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