Agricultural and Veterinary Chemicals Code Regulations (Amendment) (Cth)

Statutory Rules 1997No. 264 1

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Agricultural and Veterinary Chemicals Code Regulations2 (Amendment)

I, The 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 17 September 1997.

 WILLIAM DEANE

 Governor-General

By His Excellency’s Command,

DAVID BROWNHILL

Parliamentary Secretary to the

Minister for Primary Industries and Energy

for the

Minister for Primary Industries and Energy

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1.   Amendment

1.1   The Agricultural and Veterinary Chemicals Code Regulations are amended as set out in these Regulations.

[Note: These Regulations commence on gazettal: see Acts Interpretation

Act 1901, s. 48.]

2.   Regulation 47A (Notification number may be replaced or withdrawn)

2.1   Paragraph 47A (b):

Omit the paragraph, substitute:

1. “(b)

   if it appears to the NRA that the premises are no longer used for the supply of hormonal growth promotant—inform the assignee that it intends, after a specified period, to withdraw the assigned notification number.”.

2.2   Add at the end:

 “(2) If, within the specified period, the assignee does not satisfy the NRA that the premises are still used for the supply of hormonal growth promotant, the NRA may withdraw the assigned notification number.”.

3.   New regulation 47AB

3.1   After regulation 47A, insert:

Review of decision withdrawing assigned notification number

 “47AB. Application may be made under the Administrative Appeals Tribunal Act 1975 to the Administrative Appeals Tribunal for review of a decision of the NRA under paragraph 47A (b) withdrawing an assigned notification number.”.

4.   Regulation 59C (Manufacture of chemical products—exempt persons—legal personal representative, etc., of licence holder)

4.1   Subregulation 59C (4):

Omit the subregulation, substitute:

 “(4) If the NRA reasonably requires the legal personal representative or trustee in bankruptcy to provide further information, or documents, relating to a grant of probate or letters of administration, or a trusteeship (as the case requires), and that request is not complied with within the time allowed by the NRA, the exemption ceases to have effect at the end of that time.

 “(5)The time allowed to comply with a request under subregulation (4) must not be shorter than 1 month from the date of the request.”.

5.   Schedule 1 (Date-controlled agricultural chemical products)

5.1   Omit the Schedule, substitute:

 SCHEDULE 1 Paragraph 4 (b)

date-controlled agricultural chemical products

1	An agricultural chemical product containing organisms (including, in particular, nematodes, bacteria, viruses, fungi, algae or protozoa)
2	An agricultural chemical product containing bacillus thuringiensis
3	An agricultural chemical product containing mancozeb
4	An agricultural chemical product containing zineb
5	An agricultural chemical product containing diazinon
6	An agricultural chemical product containing dimethoate

6.   Schedule 4 (Restricted chemical products)

6.1   Omit the Schedule, substitute:

 SCHEDULE 4 Regulation 45

restricted chemical products

1	A chemical product containing ethylene dibromide (also known as EDB)
2	A chemical product containing chlordane
3	A chemical product containing heptachlor
4	A chemical product containing sodium monofluoroacetate (also known as 1080)
5	A chemical product containing acrolein
6	Dursban Pre-Construction Termiticide

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 24 September 1997.

2. Statutory Rules 1995 No. 27 as amended by 1995 Nos. 54, 137 and 187; 1996 Nos. 83, 111, 162 and 216.