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

Statutory Rules 1995

No. 137 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 8 June 1995.

 BILL HAYDEN

 Governor-General

By His Excellency’s Command,

BOB COLLINS

Minister for Primary Industries and Energy

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1.   Commencement

1.1   Regulations 4 and 5 commence on 1 July 1995.

[NOTE: The remainder of these Regulations commence on gazettal: see Acts Interpretation Act 1901, s. 48.]

2.   Amendment

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

3.   Regulation 70 (Fees for applications)

3.1   Subregulation 70 (4):

Omit the subregulation, substitute:

“(4)

The fee payable for an application for renewal of the registration of a chemical product in respect of the financial year commencing on 1 July 1995, 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.

“(4A)

In subregulation (4), ‘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.

“(4B)

Despite paragraph (4) (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 under subregulation (4) for the application is $200.”.

4.   Schedule 6 (Table of fees and assessment periods)

4.1   Item 31:

Omit the item, substitute:

“31. Application for approval of an active constituent not previously approved 12 months $ 6,000”

4.2   Item 41:

Omit the item, substitute:

“41.	Application to vary a particular or a condition of approval of an active constituent, if the variation is to approve a place of manufacture of the active constituent other than a place previously approved in respect of that active constituent	8 months	$ 2,500
41A.	Application to vary a particular or a condition of approval of an active constituent, if the application is not of a kind referred to in item 41	The modular assessment period	The modular assessment fee”

4.3   An item in Schedule 6 that appears in the following table is amended in accordance with the table:

 

Item	Omit from column 4 of the item	Substitute
1	$10,000	$20,000
2	$1,000	$2,000
3	$3,000	$6,000
4	$500	$1,000
6	$300	$600
7	$2,000	$4,000
8	$2,000	$4,000

9	$1,000	$2,000
10	$500	$1,000
11	$300	$600
12	$6,000	$12,000
13	$500	$1,000
14	$6,000	$12,000
15	$6,000	$12,000
16	$500	$1,000
17	$300	$600
19	$300	$600
20	$1,500	$3,000
21	$800	$1,600
22	$3,000	$6,000
23	$500	$1,000
24	$1,500	$3,000
25	$1,500	$3,000
26	$500	$1,000
27	$300	$600
28	$6,000	$12,000
29	$2,500	$5,000
30	$500	$1,000
32	$5,000	$10,000
33	$1,000	$2,000
34	$5,000	$10,000
35	$6,000	$12,000
36	$1,500	$3,000
37	$500	$1,000
39	$300	$600
40	$1,000	$2,000
42	$300	$600

45	$1,000	$2,000
46	$500	$1,000
47	$300	$600
49	$300	$600
50	$500	$1,000

5.   Schedule 7 (Modules—fees and assessment periods)

5.1   An item in Schedule 7 that appears in the following table is amended in accordance with the table:

Item	Omit from column 4 of the item	Substitute
1	$300	$600
2	$500	$1,000
3	$4,700	$9,400
4	$2,900	$5,800
5	$1,200	$2,400
6	$1,200	$2,400
7	$500	$1,000
8	$1,500	$3,000
9	$1,500	$3,000
10	$1,000	$2,000
11	$500	$1,000
12	$300	$600
13	$300	$600

NOTES

1. Notified in the Commonwealth of Australia Gazette on 15 June 1995.

2. Statutory Rules 1995 No. 27 as amended by 1995 No. 54.