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

Statutory Rules 1996

No. 83 1

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Agricultural and Veterinary Chemicals Code Regulations 2(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 29 May 1996.

 WILLIAM DEANE

 Governor-General

By His Excellency’s Command,

JOHN ANDERSON

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 3 (Interpretation)

2.1   After subregulation 3 (1), insert:

 “(1A) Unless the contrary intention appears, an expression used in both these Regulations and the Code has the same meaning in these Regulations as in the Code.”.

3.   Regulation 70 (Fees for applications for first registration, etc.)

3.1   Subregulations 70 (4), (4A), (4B) and (5):

Omit the subregulations.

[NOTE: The following note is inserted after subregulation 70 (1):

“[NOTE: Regulation 71A makes further provision regarding fees payable in respect of applications under the Code.]”].

4.   New regulations 71A and 71B

4.1   After regulation 71, insert:

Fees for application for renewal of registration

 “71A. (1) In this regulation:

‘relevant calendar year’,in relation to the renewal of the registration of a chemical product, means the calendar year immediately preceding the year in which the registration of the chemical product would end if it were not renewed.

 “(2) The fee payable for an application for renewal of the registration of a chemical product (other than a sheep branding substance) in respect of the financial year commencing on 1 July 1996, or in respect of any subsequent financial year, is:

• (a)

  $200—if there is no leviable value in respect of the product for the relevant calendar year; or

• (b)

  $300—if the total leviable value in respect of the product for the relevant calendar year is an amount that is not more than $10,000; or

• (c)

  $600—if the total leviable value in respect of the product for the relevant calendar year is an amount that is more than $10,000 but not more than $25,000; or

• (d)

  $1,000—if the total leviable value in respect of the product for the relevant calendar year is an amount that is more than $25,000.

 “(3) Despite paragraph (2) (b), if:

• (a)

  an application for the renewal of the registration of a chemical product is one to which that paragraph would apply, but for this subregulation; and

• (b)

  at the time the application is made, the chemical product is registered in not more than 2 jurisdictions;

the fee payable for the application is $200.

 “(4) If, in respect of a financial year:

• (a)

  an applicant applies for renewal of the registration of 2 or more chemical products that differ only to the extent that they contain different fragrances or dyes; and

• (b)

  the applications are submitted at the same time, or on the same form;

then, for the purposes of the application of subregulation (2):

• (c)

  the applications are taken to be 1 application; and

• (d)

  the chemical products are taken to be 1 chemical product.

 “(5) The fee payable for an application for renewal of the registration of a veterinary chemical product that is a sheep branding substance is $100.

 “(6) If, in respect of a financial year:

• (a)

  an applicant applies for renewal of the registration of 2 or more veterinary chemical products that are sheep branding substances; and

• (b)

  the applications are submitted at the same time, or on the same form;

then, for the purposes of the application of subregulation (5):

• (c)

  the applications are taken to be 1 application; and

• (d)

  the chemical products are taken to be 1 chemical product.

Fee for application for renewal of registration—subsection 47 (3) of Code applies

 “71B.Despite regulation 71A, no fee is payable in respect of an application for the renewal of the registration of a chemical product if the registration is one to which subsection 47 (3) of the Code applies.”.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 5 June 1996.

2. Statutory Rules 1995 No. 27 as amended by 1995 Nos. 54, 137 and 187.