Agricultural and Veterinary Chemicals (Administration) Regulations (Amendment) 1997 No. 320
EXPLANATORY STATEMENT
STATUTORY RULES 1997 No. 320
Issued by file Authority of the Minister for Primary Industries and Energy
Agricultural And, Veterinary Chemicals (Administration) Act 1992
Agricultural and Veterinary Chemicals (Administration) Regulations (Amendment)
Section 73 of the Agricultural and Veterinary Chemicals (Administration) Act 1992 (the Act) provides that the Governor-General may, make regulations for the purpose of the Act.
The Agricultural and. Veterinary Chemicals (Administration) Act 1992 is part of the legislation which supports the National Registration Scheme for agricultural and veterinary chemicals.
The purpose of the regulations is to prescribe fees for "certificates of free sale". These are certificates which are required by some overseas importing countries as a means of verifying that the agricultural and veterinary chemical products entering that country are in fact registered for use in Australia.
These fees are being reintroduced at this time because when the legislation for the National Registration Scheme was being prepared, an oversight resulted in the National Registration Authority for Agricultural and Veterinary Chemicals (NRA) no longer having the legal power to issue these certificates. Prior to the implementation of the National Registration Scheme certificates of free sale were issued by the States, and a fee charged for each certificate. The proposed regulations are the final step in remedying this oversight.
In preparing the certificates the NRA undertakes the following tasks: assessing its database to validate that the product is registered; establishing the requirements of the importing country to ensure that issued certificates are in accordance with the requirements; checking the legality of certificates; and obtaining, where necessary, certification from the Department of Foreign Affairs and Trade (DFAT).
Details of the regulations are as follows:
Regulation 1 provides for the citation of the regulations.
Regulation 2 prescribes the fees applicable, as follows:
Certificates requiring DFAT certification - $120
Each additional certificate requiring DFAT certification - $40
Standard certificate of export - $100
Each additional standard certificate - $20
It is not a legislative requirement that the Department of Foreign Affairs and Trade verify certain certificates, but it is sometimes requested by exporters to facilitate the export of' products to particular foreign countries. The verification consists of preparing a certificate containing a statement attesting that the NRA is the authorised Australian organisation to provide a certificate of free sale, attesting as to 'the signature of the NRA officer signing, and affixing thereto the seal of the Department of Foreign Affairs and Trade.
The regulations commence upon gazettal.
Overview
The Agricultural and Veterinary Chemicals (Administration) Regulations (Amendment) 1997 No. 320 were enacted under the Agricultural and Veterinary Chemicals (Administration) Act 1992. This piece of legislation was introduced to address a gap in the National Registration Scheme for agricultural and veterinary chemicals that arose from an oversight during the scheme's preparation. Specifically, it aimed to restore the National Registration Authority for Agricultural and Veterinary Chemicals' (NRA) ability to issue certificates of free sale, which are essential for verifying that products entering overseas markets are registered for use in Australia. The Minister for Primary Industries and Energy issued these regulations under the authority granted by section 73 of the Act, ensuring that the NRA could again issue these necessary certificates, thereby facilitating the export of agricultural and veterinary chemicals to other countries.
Scope and Application
The Agricultural and Veterinary Chemicals (Administration) Regulations (Amendment) 1997 No. 320 applies to the National Registration Authority for Agricultural and Veterinary Chemicals (NRA) under the authority of the Agricultural and Veterinary Chemicals (Administration) Act 1992. These regulations are designed to reinstate the legal power of the NRA to issue certificates of free sale, which are essential for verifying the registration status of agricultural and veterinary chemical products intended for export to certain countries. These certificates serve as a testament that the products meet the regulatory standards of Australia and are permissible for use in the importing country. The fees associated with these certificates are set forth in the regulations to ensure a consistent and transparent fee structure, with different rates for certificates requiring Department of Foreign Affairs and Trade certification and those that do not. The geographic reach of these regulations is nationwide, as they pertain to the national registration scheme for agricultural and veterinary chemicals in Australia. The regulations do not specify any exclusions or exemptions but establish clear fee thresholds for the issuance of these certificates. The application of these regulations is further extended through subordinate instruments as necessary to maintain the integrity and functionality of the National Registration Scheme.
Key Provisions
The main sections of the Agricultural and Veterinary Chemicals (Administration) Regulations (Amendment) 1997 No. 320 pertain to the re-establishment of fees for "certificates of free sale" (Regulation 2). These certificates are necessary for the export of agricultural and veterinary chemicals to certain overseas countries as a means of verifying that the products are registered for use in Australia. The fees outlined are: $120 for the initial certificate that requires Department of Foreign Affairs and Trade (DFAT) certification, $40 for each additional certificate that requires DFAT certification, $100 for a standard certificate of export, and $20 for each additional standard certificate. This regulation seeks to address an oversight that occurred during the creation of the National Registration Scheme for agricultural and veterinary chemicals, whereby the National Registration Authority for Agricultural and Veterinary Chemicals (NRA) lost its legal power to issue these certificates.
The Act imposes specific obligations on the NRA, which are to validate product registration through its database, confirm that the certificates meet the requirements of the importing country, ensure the legality of the certificates, and obtain DFAT certification if requested by the exporter. The NRA is also responsible for the issuance of these certificates in accordance with the prescribed fees. The fees are designed to cover the costs associated with the administrative tasks involved in the certification process, such as database checks, legal verification, and, if necessary, DFAT involvement.
Breach of these regulations could potentially lead to legal consequences, though specific offences and penalties are not detailed in the explanatory statement. However, it is reasonable to infer that failure to comply with the fees or the certification process could result in non-compliance with international trade regulations, which could lead to the refusal of exports by the importing country. Moreover, there may be implications under the overarching Agricultural and Veterinary Chemicals (Administration) Act 1992, where non-compliance could attract penalties as prescribed by that Act. These could include fines or other sanctions for not adhering to the stipulated requirements and fees.