EXPLANATORY STATEMENT
Select Legislative Instrument 2010 No. 307
Issued by Authority of the Parliamentary Secretary for Agriculture, Fisheries and Forestry
Agricultural and Veterinary Chemicals (Administration) Act 1992
Agricultural and Veterinary Chemicals (Administration) Amendment Regulations 2010 (No. 3)
Section 73 of the Agricultural and Veterinary Chemicals (Administration) Act 1992 (the Act) provides that the Governor-General may make regulations prescribing all matters required or permitted by the Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to the Act.
The purpose of the Regulations is to amend the Agricultural and Veterinary Chemicals (Administration) Regulations 1995 to update the framework for controls on the exportation of chemicals in order to reflect changes to the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (the Rotterdam Convention).
The Regulations further update controls relating to specified active constituents, or chemical products containing these active constituents, to enable Australia to meet its obligations as a Party to the Rotterdam Convention.
Companies wishing to export controlled chemicals need to apply for permission from the Australian Government Department of Agriculture, Fisheries and Forestry. No importation controls are necessary under the Rotterdam Convention as importation of these chemicals is already regulated under the National Registration Scheme for Agricultural and Veterinary Chemicals.
Agricultural and Veterinary Chemicals (Administration) Amendment Regulations 2010
(No. 1) commenced on 1 June 2010 and amended Schedule 1 to the Principal Regulations to add certain tributyltin compounds, which are considered to have adverse effects on human health and the environment, at items 71 to 78. The Regulations further amend Schedule 1 at item 71 to more accurately present the name and structure of the tributyltin compounds.
Subsection 69C (2) of the Act provides that a regulation prescribing conditions or restrictions on the import, manufacture, use or export of certain chemical products under international agreements must not be made unless:
(a) a relevant agency has published in the Gazette, and in any other manner that it thinks appropriate, a notice:
(i) identifying the agreement or arrangement; and
(ii) listing the name or names by which the constituent or product is known to the public; and
(b) a period of 30 days has elapsed since the notice was published.
On 17 August 2010, a notice identifying the amendments to the listing of chemicals that are subject to the Rotterdam Convention was published in the Commonwealth of Australia Gazette No. APVMA 16.
A 27 October 2009 hearing of the Joint Standing Committee on Treaties supported the amendments to the list of chemicals controlled by the Rotterdam Convention and agreed that binding action may be taken.
The Act specifies no other conditions that need to be met before the power to make the Regulations may be exercised.
The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The Regulations commenced on the day after they were registered.
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Overview
The Agricultural and Veterinary Chemicals (Administration) Amendment Regulations 2010 (No. 3) were introduced to update the regulatory framework for the export of chemicals, ensuring compliance with changes to the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade. This Act was enacted to address the need for Australia to align its chemical export regulations with international obligations and to manage the risks associated with the export of hazardous chemicals. The regulations were issued under the authority of the Australian Parliament and aim to facilitate the export of controlled chemicals while protecting human health and the environment. Companies seeking to export these chemicals must apply for permission from the Department of Agriculture, Fisheries and Forestry. The amendments also address the accurate identification and listing of specific chemicals, such as tributyltin compounds, which have been recognised for their adverse effects. The Regulations commenced on the day after their registration, ensuring timely implementation of the updated export controls.
Scope and Application
The Agricultural and Veterinary Chemicals (Administration) Amendment Regulations 2010 (No. 3) apply to any entities or individuals involved in the exportation of agricultural and veterinary chemicals in Australia. These Regulations are necessary to ensure compliance with the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade. This international agreement necessitates that exporting companies obtain permission from the Australian Government Department of Agriculture, Fisheries and Forestry prior to exporting chemicals that are subject to the Convention's controls. The Regulations amend the Agricultural and Veterinary Chemicals (Administration) Regulations 1995 to reflect updates and changes to the Convention, including the addition of certain tributyltin compounds, which are harmful to human health and the environment, to the list of controlled chemicals. This amendment was supported by the Joint Standing Committee on Treaties and was published in the Commonwealth of Australia Gazette No. APVMA 16 on 17 August 2010, following the required 30-day notification period. The Regulations commenced on the day after their registration, extending their jurisdictional reach across the Commonwealth of Australia.
Key Provisions
The main operative sections of the Agricultural and Veterinary Chemicals (Administration) Amendment Regulations 2010 (No. 3) update the controls on the exportation of chemicals to align with changes to the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade. Specifically, section 73 of the Agricultural and Veterinary Chemicals (Administration) Act 1992 empowers the Governor-General to make these regulations, which are necessary to update the existing framework for the exportation of chemicals. This includes incorporating new chemicals and updating the specifications of existing ones, as seen in Schedule 1, where tributyltin compounds are listed from items 71 to 78. These regulations also ensure that the names and structures of these compounds are accurately presented.
The obligations and requirements imposed by these Regulations on parties or entities primarily involve the application process for exporting controlled chemicals. Companies intending to export such chemicals must apply for permission from the Australian Government Department of Agriculture, Fisheries and Forestry. This ensures that all exports comply with the updated control measures reflecting the obligations under the Rotterdam Convention. Additionally, these Regulations necessitate the publication of notices in the Gazette and other appropriate media, as stipulated in subsection 69C(2) of the Act, before any conditions or restrictions on the import, manufacture, use, or export of certain chemical products under international agreements can be implemented.
The consequences for breaching these Regulations are severe, with potential civil and criminal penalties. While the specific penalties are not detailed in the explanatory statement, it is understood that failure to comply with the export controls and requirements outlined in the Regulations can lead to significant legal repercussions. These could include fines, imprisonment, or both, depending on the severity of the breach and the specific provisions of the Act and related legislation. Given the hazardous nature of the chemicals involved, non-compliance could also result in substantial harm to human health and the environment, thereby attracting further regulatory and judicial action.