Agricultural and Veterinary Chemicals (Western Australia) Amendment Act 2001 (WA)

Western Australia

Agricultural and Veterinary Chemicals

(Western Australia) Amendment Act 2001

Western Australia

Agricultural and Veterinary Chemicals

(Western Australia) Amendment Act 2001

CONTENTS

1.	Short title	1
2.	Commencement	2
3.	The Act amended	2
4.	Section 3 amended	2
5.	Part 5 replaced	3
Part 5 — Application of Commonwealth

administrative laws to the Agvet Code and

Agvet Regulations of this jurisdiction

15.	Object	3
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	5

6.	Part 6 repealed	5
7.	Sections 28A and 28B inserted	5

28A.	Inspectors and analysts	5
28B.	Validation of actions of inspectors and
analysts	6

Section 33A inserted

33A.

Transitional provision — Agricultural and Veterinary Chemicals (Western Australia) Amendment Act 2001

Part 9A inserted

Agricultural and Veterinary Chemicals (Western Australia) Amendment Act

2001

Contents

Part 9A — Conferral of functions on

Commonwealth Director of Public Prosecutions

35A. Conferral of functions on Commonwealth

Director of Public Prosecutions

Western Australia

Agricultural and Veterinary Chemicals

(Western Australia) Amendment Act 2001

No. 21 of 2001

An Act to amend the Agricultural and Veterinary Chemicals (Western

Australia) Act 1995 with respect to the functions and powers of

certain Commonwealth authorities and officers of the

Commonwealth, and for other purposes.

[Assented to 26 November 2001]

The Parliament of Western Australia enacts as follows:

1. Short title

This Act may be cited as the Agricultural and Veterinary

Chemicals (Western Australia) Amendment Act 2001.

Agricultural and Veterinary Chemicals (Western Australia) Amendment

Act 2001

s. 2

2. Commencement

(1)

Subject to subsection (2) this Act comes into operation on the

day on which it receives the Royal Assent.

(2)

Sections 4(b), 5, 7 and 8 come into operation immediately

before section 4(1) of the Co-operative Schemes (Administrative

Actions) Act 2001 comes into operation.

3. The Act amended

The amendments in this Act are to the Agricultural and

Veterinary Chemicals (Western Australia) Act 1995*.

[* Act No. 3 of 1995.

For subsequent amendments see 2000 Index to Legislation of

Western Australia, Table 1, p. 9.]

4. Section 3 amended

Section 3 is amended as follows:

(a)	in the definition of “Commonwealth administrative laws” by deleting subparagraph (a)(ii);
(b)	by inserting in the appropriate alphabetical positions the following definitions —

“

“confer” includes impose;

“function” includes a duty;

”.

Agricultural and Veterinary Chemicals (Western Australia) Amendment

Act 2001

s. 5

5. Part 5 replaced

Part 5 is repealed and the following Part is inserted instead —

“

Part 5 — Application of Commonwealth

administrative laws to the Agvet Code and

Agvet Regulations of this jurisdiction

15. Object

The object of this Part is to help ensure that the Agvet

Code of this jurisdiction and the Agvet Code of each

other jurisdiction are administered on a uniform basis.

16. Application of Commonwealth administrative laws in relation to applicable 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 section 28 of the Administrative

Appeals Tribunal Act 1975 of the Commonwealth as

that section applies as a law of this jurisdiction under

subsection (1).

(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 Information Act 1982 of the Commonwealth as that

Act applies as a law of this jurisdiction under

subsection (1).

Agricultural and Veterinary Chemicals (Western Australia) Amendment

Act 2001

s. 5

(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.

(5)	Subsection (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 subsection (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

Agricultural and Veterinary Chemicals (Western Australia) Amendment

Act 2001

s. 6

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 reference to

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

law of the Commonwealth.

”.

6. Part 6 repealed

Part 6 is repealed.

7. Sections 28A and 28B inserted

After section 28 the following sections are inserted —

“

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

Agricultural and Veterinary Chemicals (Western Australia) Amendment

Act 2001

s. 7

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 7 of the Agricultural

and Veterinary Chemicals (Western Australia)

Amendment Act 2001;

“relevant time”, in relation to a thing, means the time at which the thing was 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 come into operation 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 come into operation 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.

”.

Agricultural and Veterinary Chemicals (Western Australia) Amendment

Act 2001

s. 8

8. Section 33A inserted

After section 33 the following section is inserted —

“

33A.

Transitional provision — Agricultural and

Veterinary Chemicals (Western Australia)

Amendment Act 2001

Part 5 of this Act, as inserted by section 5 of the Agricultural and Veterinary Chemicals (Western Australia) 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 Commonwealth administrative laws in respect of such matters, before, on or after the commencement of that section.

”.

9. Part 9A inserted

After section 35 the following Part is inserted —

“

Part 9A — Conferral of functions on

Commonwealth Director of Public Prosecutions

35A. Conferral of functions on Commonwealth Director

of Public Prosecutions

The Director of Public Prosecutions for the

Commonwealth (“the Commonwealth Director”)

may —

(a)	institute prosecutions on indictment for indictable offences against the Agvet Code, or the Agvet Regulations, of this jurisdiction;

Agricultural and Veterinary Chemicals (Western Australia) Amendment

Act 2001

s. 9

(b)	carry on prosecutions of the kind referred to in paragraph (a) (except prosecutions instituted by the Attorney General or the Director of Public

Prosecutions of the State), whether or not instituted by the Commonwealth Director;

(c)	if the Attorney General or the Director of Public Prosecutions of the State requests the Commonwealth Director in writing to carry on a prosecution of the kind referred to in paragraph (a) that was instituted by the Attorney General or the Director of Public Prosecutions of the State — carry on the prosecution;
(d)	institute proceedings for the commitment of persons for trial in respect of indictable offences against the Agvet Code, or the Agvet Regulations, of this jurisdiction;
(e)	institute proceedings for the summary conviction of persons in respect of offences against the Agvet Code, or the Agvet Regulations, of this jurisdiction;
(f)	carry on proceedings of a kind referred to in paragraph (d) or (e) (whether or not instituted by the Commonwealth Director); and
(g)	do anything incidental or conducive to the performance of any of the functions referred to in paragraphs (a) to (f).

”.