Agricultural and Veterinary Chemicals (Victoria) (Amendment) Act 2001 (Vic)

Agricultural and Veterinary Chemicals (Victoria)

(Amendment) Act 2001

Act No. 39/2001

TABLE OF PROVISIONS

Section Page

1.	Purpose	1
2.	Commencement	1
3.	Principal Act	2
4.	Definitions	2
5.	New Part 5 substituted	2
PART 5—APPLICATION OF COMMONWEALTH
ADMINISTRATIVE LAWS TO AGVET CODE AND
AGVET REGULATIONS OF THIS JURISDICTION	2

15.	Object	2
16.	Application of Commonwealth administrative laws in
relation to applicable provisions	3
17.	Duties, functions and powers conferred on
Commonwealth officers and authorities	4
18.	Reference in Commonwealth administrative law to a
provision of another law	4
18A.	Construction of references to Part IVA of
Commonwealth AAT Act	4

6. New sections 28A and 28B inserted 5

28A.	Inspectors and analysts	5
28B.	Validation of actions of inspectors and analysts	5

7. New section 31A inserted 6

31A. Supreme Court—limitation of jurisdiction 6

8. New section 33A inserted 6

33A.	Transitional provision—Agricultural and Veterinary
Chemicals (Victoria) (Amendment) Act 2001 6

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ENDNOTES 8

i

Victoria

No. 39 of 2001

Agricultural and Veterinary Chemicals

(Victoria) (Amendment) Act 2001†

[Assented to 27 June 2001]

The Parliament of Victoria enacts as follows:

1. Purpose

The purpose of this Act is to amend the (Victoria) Act 1994 with respect to the functions and powers of certain Commonwealth authorities and officers of the Commonwealth.

2. Commencement

Agricultural and Veterinary Chemicals (Victoria) (Amendment)
Act 2001
Act No. 39/2001

This Act comes into operation immediately before section 4(1) of the Co-operative Schemes (Administrative Actions) Act 2001 comes into operation.

3. Principal Act

See:

Act No.	In this Act, the Agricultural and Veterinary
73/1994.	Chemicals (Victoria) Act 1994 is called the
Reprint No. 1
as at	Principal Act.
11 March
1999
and amending Act Nos 22/2000 and 74/2000. LawToday: dpc.vic. gov.au

4. Definitions

In section 3(1) of the Principal Act insert the
following definitions—
' "confer" includes impose;

"function" includes a duty;'.

5. New Part 5 substituted

For Part 5 of the Principal Act substitute—

"PART 5—APPLICATION OF

COMMONWEALTH ADMINISTRATIVE LAWS

TO AGVET CODE AND AGVET

REGULATIONS OF THIS JURISDICTION

15.

Object the Agvet Code of this jurisdiction and the Agvet Code of each other jurisdiction are administered on a uniform basis.

Agricultural and Veterinary Chemicals (Victoria) (Amendment)
Act 2001

Act No. 39/2001 s. 5

16.

Application of Commonwealth provisions

(1) The Commonwealth administrative laws

apply as laws of this jurisdiction to any
matter arising in relation to the applicable
provisions of this jurisdiction as if those
provisions were laws of the Commonwealth
and were not laws of this jurisdiction.

(2) The provisions of the Agvet Code of this jurisdiction that require the NRA to give brief particulars of reasons for decisions do

not affect the obligations of the NRA under that section applies as a law of this jurisdiction under sub-section (1) of this section.

section 28 of the Administrative Appeals

(3) The provisions of the Agvet Code of this jurisdiction that relate to the disclosure of confidential commercial information do not

affect the operation of the Freedom of as that Act applies as a law of this jurisdiction under sub-section (1) of this section.

(4) For the purposes of a law of this jurisdiction,

a matter arising in relation to the applicable
provisions of this jurisdiction—

(a)	is taken to be a matter arising in relation to laws of the Commonwealth in the same way as if those provisions were laws of the Commonwealth; and
(b)	is taken not to be a matter arising in relation to laws of this jurisdiction.

Agricultural and Veterinary Chemicals (Victoria) (Amendment)
Act 2001

s. 5 Act No. 39/2001

(5) Sub-section (4) has effect for the purposes of a law of this jurisdiction except as prescribed by regulations under section 32.

17.  Duties, functions and powers conferred on Commonwealth officers and authorities

(1) A Commonwealth administrative law

applying because of section 16 that confers on a Commonwealth officer or authority a function or power also confers on the officer

or authority the same function or power in relation to a matter arising in relation to an applicable provision of this jurisdiction.

(2) In performing a function or exercising a power conferred by sub-section (1), the Commonwealth officer or authority must act

as nearly as practicable as the officer or
authority would act in performing or
exercising the same function or power under

the Commonwealth administrative law.

18. Reference in Commonwealth administrative
law to a provision of another law

For the purposes of section 16, a reference in a Commonwealth administrative law to a provision of that or another Commonwealth administrative law is taken to be a reference to that provision as applying because of that section.

18A. Construction of references to Part IVA of Commonwealth AAT Act

For the purposes of section 16, a reference in
a provision of the Administrative Appeals
Tribunal Act 1975 of the Commonwealth (as
that provision applies as a law of this
jurisdiction) to the whole or any part of
Part IVA of that Act is taken to be a

Agricultural and Veterinary Chemicals (Victoria) (Amendment)
Act 2001

Act No. 39/2001 s. 6

reference to the whole or any part of that
Part as it has effect as a law of the

Commonwealth.".

6. New sections 28A and 28B inserted

After section 28 of the Principal Act insert—

'28A. Inspectors and analysts

(1) In this section—

"officer" means—

(a)	an inspector appointed under section 69F(1) of the Agricultural and Veterinary Chemicals (Administration) Act; or
(b)	an analyst approved under section 69G of the Agricultural and Veterinary Chemicals (Administration) Act.

(2) An officer has, in respect of a matter arising in relation to an applicable provision of this jurisdiction, the functions and powers

conferred or expressed to be conferred on
him or her under the applicable provisions of

this jurisdiction.

28B. Validation of actions of inspectors and

analysts

(1) In this section—

"officer" has the same meaning as in

section 28A;

"relevant section" means section 6 of the

Agricultural and Veterinary
Chemicals (Victoria) (Amendment)

Act 2001;

"relevant time", in relation to a thing,

means the time at which the thing was

Agricultural and Veterinary Chemicals (Victoria) (Amendment)
Act 2001

s. 7	Act No. 39/2001
done or omitted to be done or purported to have been done or omitted to be done.

(2) Anything done or omitted to be done by an

officer before the commencement of the
relevant section that would have been validly
done or omitted had the relevant section
commenced before the relevant time has, and
is deemed always to have had, the same
force and effect as it would have had if the
relevant section had commenced before the
relevant time.

Note: Part 2 of the Co-operative Schemes (Administrative Actions) Act 2001 applies to administrative actions taken by an officer as affected by this section.'.

7. New section 31A inserted

After section 31 of the Principal Act insert—

"31A. Supreme Court—limitation of jurisdiction It is the intention of section 28B to alter or vary section 85 of the Constitution Act

1975.".

8. New section 33A inserted

In Part 8 of the Principal Act, after section 33 insert—

"33A. Transitional provision—Agricultural and

Veterinary Chemicals (Victoria)
(Amendment) Act 2001

Part 5 of this Act, as substituted by section 5 of the Agricultural and Veterinary Chemicals (Victoria) (Amendment) Act 2001, applies in relation to matters arising in relation to the applicable provisions of this jurisdiction, and decisions made or other things done or omitted to be done under the

Agricultural and Veterinary Chemicals (Victoria) (Amendment)
Act 2001

Act No. 39/2001 s. 8

Commonwealth administrative laws in respect of such matters, before, on or after the commencement of that section.".

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Agricultural and Veterinary Chemicals (Victoria) (Amendment)
Act 2001

Endnotes Act No. 39/2001

ENDNOTES

†

Minister's second reading speech—

Legislative Assembly: 17 May 2001

Legislative Council: 14 June 2001

The long title for the Bill for this Act was "to amend the Agricultural
and Veterinary Chemicals (Victoria) Act 1994 with respect to the
functions and powers of certain Commonwealth authorities and officers

of the Commonwealth and for other purposes."

Constitution Act 1975:

Section 85(5) statement:

Legislative Assembly: 17 May 2001

Legislative Council: 14 June 2001

Absolute majorities:

Legislative Assembly: 12 June 2001

Legislative Council: 20 June 2001