Agricultural and Veterinary Chemicals (Administration) Amendment Act 2004

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au C2004A01246 In force Act

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Agricultural and Veterinary Chemicals (Administration) Amendment Act 2004

 

No. 12, 2004

 

 

 

 

 

An Act to amend the Agricultural and Veterinary Chemicals (Administration) Act 1992, and for related purposes

 

 

Contents

1 Short title

2 Commencement

3 Schedule(s)

Schedule 1—Amendment of the Agricultural and Veterinary Chemicals (Administration) Act 1992

 

 

 

Agricultural and Veterinary Chemicals (Administration) Amendment Act 2004

No. 12, 2004

 

 

 

An Act to amend the Agricultural and Veterinary Chemicals (Administration) Act 1992, and for related purposes

[Assented to 11 March 2004]

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the Agricultural and Veterinary Chemicals (Administration) Amendment Act 2004.

2  Commencement

  This Act commences on the day after the day on which it receives the Royal Assent.

3  Schedule(s)

  Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.


Schedule 1—Amendment of the Agricultural and Veterinary Chemicals (Administration) Act 1992

 

1  After section 69B

Insert:

69CA  Providing information about certain chemical products etc. to comply with international agreements

Regulations may prescribe international agreements

 (1) The regulations may prescribe an international agreement or arrangement for the purposes of this section.

Regulations may prescribe information about import etc. of certain chemicals

 (2) For the purposes of complying with a prescribed agreement or arrangement, the regulations may prescribe the following information in respect of a prescribed active constituent for a proposed or existing chemical product, or a prescribed chemical product:

 (a) information about the import of the constituent or product into Australia;

 (b) information about the manufacture or use of the constituent or product in Australia;

 (c) information about other dealings with the constituent or product in Australia;

 (d) information about the export of the constituent or product from Australia.

 (3) For each constituent or product, the regulations must identify the relevant international agreement or arrangement.

A person must provide prescribed information about prescribed constituents or products

 (4) A person must provide any relevant prescribed information in respect of a prescribed constituent or product if the person imports, manufactures, uses, deals with or exports the constituent or product.

Note 1: A person who fails to provide the information or who provides false or misleading information may commit an offence against section 69CD.

Note 2: Section 69C might prohibit or restrict the import, manufacture, use, dealing or export of a prescribed constituent or product.

 (5) The information must be provided to the relevant agency in an approved form within the period prescribed for the constituent or product in the regulations.

Commencement of regulations

 (6) A regulation made for the purposes of this section in respect of a constituent or product may be expressed to come into force when the relevant international agreement or arrangement enters into force for Australia, but must not be expressed to come into force before that time.

69CB  Providing information about certain chemical products etc. under international consideration

Regulations may prescribe constituents and products

 (1) The regulations may prescribe the following active constituents for a proposed or existing chemical product, or the following chemical products, for the purposes of this section:

 (a) a constituent or product that is the subject of an international agreement or arrangement that has not entered into force for Australia;

 (b) a constituent or product that is the subject of consideration:

 (i) by an international organisation, or by an organ of or a body established by an international organisation, or by Australia together with any other country; and

 (ii) in relation to an international agreement or arrangement (including one that has not entered into force for Australia) or in relation to negotiations for an international agreement or arrangement.

Regulations may prescribe information about import etc. of such constituents or products

 (2) The regulations may prescribe the following information in respect of a prescribed constituent or product:

 (a) information about the import of the constituent or product into Australia;

 (b) information about the manufacture or use of the constituent or product in Australia;

 (c) information about other dealings with the constituent or product in Australia;

 (d) information about the export of the constituent or product from Australia.

Constitutional basis for this section

 (3) The reference in paragraphs (2)(b) and (c) to the manufacture or use of, or other dealings with, a constituent or product in Australia is confined to the following:

 (a) the manufacture or use of, or other dealings with, the constituent or product in Australia by trading corporations formed within the limits of the Commonwealth, or foreign corporations, within the meaning of paragraph 51(xx) of the Constitution;

 (b) the manufacture or use of, or other dealings with, the constituent or product in Australia for supply in the course of trade and commerce:

 (i) with other countries; or

 (ii) among the States; or

 (iii) within a Territory; or

 (iv) between a State and a Territory or between 2 Territories;

 (c) the manufacture or use of, or other dealings with, the constituent or product in Australia for supply to, or to an authority or instrumentality of, the Commonwealth or a Territory;

 (d) the manufacture or use of, or other dealings with, the constituent or product in a Territory.

A person must provide prescribed information about prescribed constituents or products

 (4) A person must provide any relevant prescribed information in respect of a prescribed constituent or product if the person imports, manufactures, uses, deals with or exports the constituent or product in the circumstances mentioned in subsection (3).

Note: A person who fails to provide the information or who provides false or misleading information may commit an offence against section 69CD.

 (5) The information must be provided to the relevant agency in an approved form within the period prescribed for the constituent or product in the regulations.

69CC  Relevant agency to provide information to other countries

 (1) A relevant agency may inform a country, the appropriate authority of a country or a relevant international organisation regarding the following:

 (a) the movements into or out of Australia of an active constituent or chemical product prescribed in regulations made under section 69CA or 69CB;

 (b) the manufacture or use of such a constituent or product in Australia;

 (c) any other dealing with such a constituent or product in Australia.

 (2) A relevant agency may provide the information in such terms and on such conditions as the agency thinks fit, having regard to:

 (a) the terms of any relevant international agreement or arrangement; and

 (b) the interest of any person in maintaining confidentiality in relation to movements, manufacture or use of, or other dealings with, the constituent or product.

69CD  Offences relating to providing information under sections 69CA and 69CB

Offence for failing to provide information

 (1) A person commits an offence if:

 (a) the person is required to provide information under section 69CA or 69CB; and

 (b) the person fails to provide the information under that section.

Penalty: 50 penalty units.

 (2) In subsection (1), strict liability applies to the physical element of circumstance that the information is required to be provided under section 69CA or 69CB.

Note: For strict liability, see section 6.1 of the Criminal Code.

Offence for false or misleading information

 (3) A person commits an offence if:

 (a) the person provides information (whether orally or in writing) to a relevant agency under section 69CA or 69CB; and

 (b) the person knows that the information is false or misleading in a material particular; and

 (c) the information is provided:

 (i) without the person indicating to the agency that it is false or misleading; and

 (ii) without the person indicating how it is false or misleading; and

 (iii) without the person providing to the agency correct information that the person possesses or can reasonably acquire.

Penalty: 300 penalty units.

 (4) The fault element for paragraph (3)(c) is recklessness.

Note: For recklessness, see section 5.4 of the Criminal Code.

 (5) In subsection (3), strict liability applies to the physical element of circumstance that the information is provided under section 69CA or 69CB.

Note: For strict liability, see section 6.1 of the Criminal Code.

2  Subsection 69C(1)

Repeal the subsection, substitute:

Regulations may prohibit import etc. of certain chemical products under international agreements

 (1) If an active constituent for a proposed or existing chemical product, or a chemical product, is the subject of an international agreement or arrangement prescribed for the purposes of this section, the regulations may prohibit any one or more of the following:

 (a) the import of the constituent or product into Australia;

 (b) the manufacture or use of the constituent or product in Australia;

 (c) any other dealing with the constituent or product in Australia;

 (d) the export of the constituent or product from Australia.

The prohibition may be either absolute or subject to such conditions or restrictions as are prescribed.

Note: The heading to section 69C is replaced by the heading “Prohibition on import, manufacture, use or export of certain chemical products etc. under international agreements”.

3  Subparagraph 69C(2)(a)(iii)

Repeal the subparagraph.

Note: The following heading to subsection 69C(2) is inserted “Requirements for making regulations”.

4  After subsection 69C(2)

Insert:

 (2A) A regulation made for the purposes of subsection (1) in respect of a constituent or product may be expressed to come into force when the relevant international agreement or arrangement enters into force for Australia, but must not be expressed to come into force before that time.

5  Subsections 69C(3) and (4)

Repeal the subsections.

6  Subsection 69C(5)

After “manufacture”, insert “, use, deal with”.

Note: The following heading to subsection 69C(5) is inserted “Offence for contravening conditions or restrictions”.

7  Subsection 69C(6)

Repeal the subsection.

8  After subsection 69EA(1)

Insert:

Records relating to import etc. of chemical products prescribed under section 69CA, 69CB or 69C

 (1A) A person who imports into Australia, manufactures, uses or deals with in Australia, or exports from Australia, an active constituent or chemical product prescribed in regulations made under section 69CA, 69CB or 69C must:

 (a) keep any records relating to the import, manufacture, use, dealing or export that are reasonably necessary to enable the Department to find out whether those sections have been complied with; and

 (b) retain those records for 6 years.

Penalty: 30 penalty units.

Note: The following heading to subsection 69EA(1) is inserted “Records relating to compliance with sections 69B, 69C and 69E”.

9  Subsection 69EA(2)

After “(1)”, insert “or (1A)”.

Note: The following heading to subsection 69EA(2) is inserted “Strict liability”.

10  At the end of Division 2 of Part 7A

Add:

69EAA  Definitions

  In this Division:

approved form means a form approved by the Secretary or prescribed by the regulations.

deal with, in relation to an active constituent for a proposed or existing chemical product, or in relation to a chemical product, includes supply or otherwise dispose of the constituent or product.

relevant agency means the Department or the NRA.

 

 

 

[Minister’s second reading speech made in—

House of Representatives on 11 February 2004

Senate on 1 March 2004]

(5/04)

 

Overview

The Agricultural and Veterinary Chemicals (Administration) Amendment Act 2004 was enacted by the Parliament of Australia to amend the Agricultural and Veterinary Chemicals (Administration) Act 1992. This amendment was introduced to address the need for better alignment with international agreements and arrangements regarding the regulation of agricultural and veterinary chemicals. The primary policy objective of this Act is to facilitate the implementation of international obligations and to enhance the regulation of chemical products in Australia, thereby ensuring compliance with global standards. The Act allows for the prescription of information and the establishment of regulations that address the import, manufacture, use, dealing with, and export of certain chemical products in accordance with international agreements or arrangements. The Act provides the regulatory framework necessary for the enforcement of international agreements concerning agricultural and veterinary chemicals. It empowers the relevant authorities to prescribe information requirements and to establish conditions or restrictions on the activities associated with specified chemical products. Additionally, it mandates the provision of information to international bodies and other countries to foster global cooperation in chemical regulation. The Act also includes provisions for offences related to the failure to provide required information or the provision of false or misleading information, with penalties outlined to ensure compliance.

Scope and Application

The Agricultural and Veterinary Chemicals (Administration) Amendment Act 2004 amends the Agricultural and Veterinary Chemicals (Administration) Act 1992 to address compliance with international agreements and arrangements concerning the import, manufacture, use, dealing, and export of certain chemical products. The Act applies to any person or entity involved in the import, manufacture, use, dealing, or export of active constituents or chemical products in Australia, particularly those that are subject to international agreements or under consideration by international organisations. The geographic scope of the Act is nationwide, applying to activities within Australia's borders. The Act allows for the creation of subordinate instruments, such as regulations, to specify which international agreements and arrangements are relevant and to prescribe the information required for compliance. It also empowers relevant agencies to share information with other countries and international organisations. The Act introduces strict liability for failing to provide information or providing false or misleading information, with penalties applicable for non-compliance. Records relating to the import, manufacture, use, dealing, or export of specified chemical products must be kept and retained for six years to facilitate compliance monitoring.

Key Provisions

The Agricultural and Veterinary Chemicals (Administration) Amendment Act 2004 introduces significant amendments to the Agricultural and Veterinary Chemicals (Administration) Act 1992, particularly concerning the management and regulation of chemicals under international agreements. Under section 69CA, the Act empowers regulations to prescribe international agreements or arrangements, and mandates the provision of specific information regarding the import, manufacture, use, dealing, or export of certain chemical products to comply with these agreements. Similarly, section 69CB allows for the prescription of information regarding chemicals under international consideration. In both cases, failure to provide the required information or providing false or misleading information can result in an offence (sections 69CD(1) and 69CD(3)). Section 69CD further stipulates that an individual commits an offence if they fail to provide required information under sections 69CA or 69CB, with a penalty of 50 penalty units, and if they provide false or misleading information, with a penalty of 300 penalty units. The Act imposes obligations on individuals to provide accurate and timely information about specific chemical products to the relevant agency in an approved form. This includes records relating to the import, manufacture, use, dealing, or export of these chemicals, which must be retained for six years (section 69EA(1A)). Additionally, section 69CC authorises relevant agencies to share information with other countries, international organisations, or authorities, subject to the terms of any relevant international agreements and the need to protect confidentiality. Furthermore, section 69C is amended to allow regulations to prohibit the import, manufacture, use, dealing, or export of certain chemical products under international agreements, with penalties for contravening these conditions or restrictions (section 69CD(5)). These amendments ensure compliance with international obligations and enhance the regulatory framework for agricultural and veterinary chemicals in Australia.

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