Agricultural and Veterinary Chemicals Amendment Act 1992

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au C2004A04554 In force Act

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No. 263 of 1992

An Act to amend the Agricultural and Veterinary Chemicals Act 1988, and for related purposes

[Assented to 24 December 1992]

The Parliament of Australia enacts:

Short title etc.

1.(1) This Act may be cited as the Agricultural and Veterinary Chemicals Amendment Act 1992.

(2) In this Act, “Principal Act” means the Agricultural and Veterinary Chemicals Act 19881.

Commencement

2. This Act commences on the same day as the Agricultural and Veterinary Chemicals (Administration) Act 1992.

Interpretation

3.(1) Section 4 of the Principal Act is amended by omitting from subsection (1) the definitions of “Chemicals Co-ordinator” and “Council”.

(2) Section 4 of the Principal Act is amended by omitting from subsection (1) the definitions of “committee” and “member” and substituting the following definitions:

“ ‘committee’ means a committee of the NRA;

‘member’ means a person who was a member of the former Council

and includes a person who was the Chairperson of the former Council;”.

(3) Section 4 of the Principal Act is amended by inserting in subsection (1) the following definitions:

“ ‘Chairperson’ means Chairperson of the NRA;

‘member of the staff’, in relation to the NRA, has the same meaning as in the Agricultural and Veterinary Chemicals (Administration) Act 1992;

‘NRA’ means the National Registration Authority for Agricultural and Veterinary Chemicals established by section 6 of the Agricultural and Veterinary Chemicals (Administration) Act 1992;”.

Heading

4. The heading to Part II is repealed and the following heading is substituted:

“PART II—FUNCTIONS OF NRA”.

Establishment

5. Section 8 of the Principal Act is repealed.

Functions

6. Section 9 of the Principal Act is amended:

(a) by omitting “functions of the Council are” and substituting “functions of the NRA include the following”;

(b) by omitting from paragraph (h) “Council’s” and substituting “NRA’s”;

“(j) when requested by the Minister, or on its own initiative, to report to or advise the Minister on any matter or issue relating to agricultural and veterinary chemicals or arising in the course of the performance of its functions;”;

(d) by adding at the end the following paragraphs:

“(l) to encourage and facilitate the introduction of uniform national procedures for the control of the use of agricultural and veterinary chemical products;

(m) to co-ordinate a program funded by the NRA that is designed to ensure compliance with the laws of the States and the Northern Territory relating to the formulation and labelling of agricultural and veterinary chemical products.”.

Powers

7. Section 10 of the Principal Act is repealed.

Minister may give directions

8. Section 11 of the Principal Act is repealed.

Disclosure of confidential commercial information

9. Section 20 of the Principal Act is amended:

(a) by omitting from subsections (1) and (3) “a member or member of the staff of the Council or a member of a committee,” and substituting “a person to whom this section applies”;

(b) by adding at the end of subsection (10) the following definition:

“ ‘person to whom this section applies’ means:

(a) a member of the former Council; or

(b) a member of the staff of the former Council; or

(d) a director of the NRA; or

(e) the Chief Executive Officer of the NRA; or

(f) a member of the staff of the NRA; or

(g) a consultant to the NRA; or

(h) a member of a committee of the NRA.”.

Repeal of Part IV

10. Part IV of the Principal Act is repealed.

Delegation

11. Section 44 of the Principal Act is repealed.

12. Section 45 of the Principal Act is repealed and the following section is substituted:

Exemption from suit

“45.(1) No action or proceeding lies against the Commonwealth or a person to whom this section applies for any loss or injury directly or indirectly sustained:

(a) because of the use of a chemical product in respect of which a clearance has been granted by the former Council or by the NRA; or

(b) because of an inability to use, or to use in a particular manner, a chemical product in respect of which a clearance, or a clearance permitting its use in that particular manner, has been refused by the former Council or the NRA.

“(2) If an action has, whether before or after the commencement of this section, been instituted against a person responsible for the manufacture, distribution or sale of a chemical product in respect of

which a clearance has been granted by the former Council or the NRA in relation to an injury directly or indirectly sustained because of the use of that product, it is not a defence to that action that a clearance was so granted in respect of the product.

“(3) In this section:

‘person to whom this section applies’ means:

(a) a member of the former Council; or

(b) a member of the staff of the former Council; or

(d) a director of the NRA; or

(e) the Chief Executive Officer of the NRA; or

(f) a member of the staff of the NRA; or

(g) a consultant to the NRA; or

(h) a member of a committee of the NRA.”.

Annual reports

13.(1) Section 47 of the Principal Act is amended by omitting subsection (1) and substituting the following subsection:

“(1) The NRA must give to the designated Minister in respect of each scheme participant a copy of each report prepared by the NRA under subsection 63H(1) of the Audit Act 1901.”.

(2) Section 47 of the Principal Act is amended by omitting from subsections (2) and (3) “under this section” and substituting “under subsection 63H(1) of the Audit Act 1901”.

(3) Section 47 of the Principal Act is amended by omitting subsections (4) and (5).

Other amendments

14. The Principal Act is amended as set out in the Schedule.

Transitional and saving provisions

15.(1) Any clearance granted, notice or report given, requirement made, or other act or thing done, by or on behalf of the former Council under the Principal Act is taken for the purposes of the Principal Act (other than section 45) as amended by this Act to have been granted, given, made or done by the NRA.

(2) Any application made, notice or information given or samples supplied to, or any other act or thing done in relation to, the former Council under the Principal Act is taken for the purposes of the Principal Act as amended by this Act to have been made, given or supplied to, or done in relation to, the NRA.

(3) Despite the amendments made by this Act:

(a) the former Council continues in existence for the purpose of preparing and giving reports under section 47 of the Principal Act:

(i) in respect of the year that ended on 30 June 1992; and

(ii) in respect of the period that commenced on 1 July 1992 and ended immediately before the commencement of this Act; and

(b) the Principal Act continues to apply to the extent necessary to enable the former Council to prepare and give the reports referred to in paragraph (a).

(4) For the purposes of section 47 of the Principal Act, the period referred to in subparagraph (3)(a)(ii) is taken to be a year.

SCHEDULE Section 14

OTHER AMENDMENTS

Provisions Amended	Amendments
Sections 12 to 17	Omit “Council” (wherever occurring), substitute “NRA”.
Section 18	Omit “Council”, substitute “NRA”.
Section 19	Omit “Council” (wherever occurring), substitute “NRA”.
Subsections 20(6) and (7)	Omit “Council” (wherever occurring), substitute “NRA”.
Sections 22, 35 and 36	Omit “Council” (wherever occurring), substitute “NRA”.
Section 37	Omit “Council”, substitute “NRA”.
Section 38	Omit “Council” (wherever occurring), substitute “NRA”.
Subsection 40(5)	Omit “Council”, substitute “NRA”.
Sections 41, 43 and 45	Omit “Council” (wherever occurring), substitute “NRA”.
Sections 46 and 47	Omit “Council” (wherever occurring), substitute “NRA”.
Paragraph 49(2)(a)	Omit “Council”, substitute “NRA”.

NOTE

1. No. 91, 1988, as amended. For previous amendments, see No. 21, 1990.

NOTE ABOUT SECTION HEADINGS

1. On the commencement of this Act, headings to sections 14, 19 and 22 are amended by omitting “Council” and substituting “NRA”.

[Minister’s second reading speech made in—

House of Representatives on 3 November 1992

Senate on 10 November 1992]

Overview

The Agricultural and Veterinary Chemicals Amendment Act 1992 was enacted by the Parliament of Australia to amend the Agricultural and Veterinary Chemicals Act 1988. This amendment aimed to address the need for a more streamlined and effective regulatory framework for agricultural and veterinary chemicals, including the establishment of the National Registration Authority (NRA) to replace the former Council. The Act facilitates the introduction of uniform national procedures for the control of agricultural and veterinary chemical products and ensures compliance with state and territory laws concerning the formulation and labelling of these products. The policy objective behind this Act is to provide a cohesive and comprehensive approach to the regulation of chemicals used in agriculture and veterinary practices across Australia. The Act introduces significant changes to the existing legislative framework by redefining roles and responsibilities, updating definitions, and clarifying the functions and powers of the NRA. It also provides for the exemption from suit for certain individuals involved in the regulation of these chemicals, ensuring they are protected from liability in specific circumstances. Additionally, the Act ensures the continuity of reporting requirements and transitions existing approvals and applications from the former Council to the NRA. Overall, the Act aims to enhance the efficiency and effectiveness of chemical regulation in the agricultural and veterinary sectors.

Scope and Application

The Agricultural and Veterinary Chemicals Amendment Act 1992 amends the Agricultural and Veterinary Chemicals Act 1988 by altering the functions, structure, and responsibilities of the regulatory body overseeing agricultural and veterinary chemicals. This Act applies to the National Registration Authority (NRA) established under the Agricultural and Veterinary Chemicals (Administration) Act 1992, which replaced the former Council. It pertains to the functions of the NRA, including its role in facilitating uniform national procedures for controlling the use of agricultural and veterinary chemical products and ensuring compliance with state and territory laws regarding the formulation and labelling of these products. The Act also outlines the powers and responsibilities of the NRA, and it provides for the exemption of certain individuals, such as former Council members and NRA staff, from liability for loss or injury related to the use of approved chemical products. The Act applies across the Commonwealth of Australia, and its provisions are designed to ensure a consistent approach to the regulation of agricultural and veterinary chemicals nationally. The Act does not specify any exclusions or exemptions, but it does provide that actions taken by the former Council are treated as actions taken by the NRA for certain transitional purposes.

Key Provisions

The Agricultural and Veterinary Chemicals Amendment Act 1992 (C2004A04554) amends the Agricultural and Veterinary Chemicals Act 1988, primarily by replacing references to the former Council with the National Registration Authority for Agricultural and Veterinary Chemicals (NRA) established under the Agricultural and Veterinary Chemicals (Administration) Act 1992. This shift is reflected across multiple sections of the Principal Act, with the aim of updating the legislative framework to align with the new administrative body (sections 3, 6, 9, 12-14, 18-20, 22, 35-38, 40, 41, 43, 45, 46, 47). The Act also introduces new functions for the NRA, such as encouraging uniform national procedures for chemical product control and coordinating a compliance program (section 6). Additionally, the Act redefines the term "person to whom this section applies" to include various roles within the NRA and the former Council, thus extending certain protections and obligations to these individuals (sections 3, 9). The Act imposes several obligations on the NRA, including the requirement to report or advise the Minister on matters related to agricultural and veterinary chemicals (section 9). It also mandates that the NRA provide the designated Minister with copies of reports prepared under the Audit Act 1901 for each scheme participant (section 13). Furthermore, the Act places a duty on the NRA to ensure compliance with state and territory laws regarding the formulation and labelling of agricultural and veterinary chemical products (section 6). Failure to comply with the provisions of the Act can result in legal consequences. For instance, under section 45, no action or proceeding lies against the Commonwealth or specified persons for loss or injury caused by the use of a chemical product that has been cleared by the NRA, or due to an inability to use a product that has had its clearance refused. However, this does not prevent actions against manufacturers, distributors, or sellers of such products (section 45). The Act does not explicitly state any criminal or civil penalties for breaches of its provisions, but violations of related laws could potentially lead to fines, imprisonment, or other penalties as stipulated in the Principal Act or other relevant legislation.

Area of Law: Regulatory Standards; Environmental Law
Instrument: Act
Concepts: Definitions & Interpretation; Repeal & Amendment; Transitional Provisions; Compliance Obligations; Enforcement Powers

Interactions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

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