EXPLANATORY STATEMENT
Issued by Authority of the Parliamentary Secretary to the Minister for Agriculture, Fisheries and Forestry
Agricultural and Veterinary Chemicals Code Act 1994
Agricultural and Veterinary Chemicals Code Amendment Order 2007 (No. 1)
The Agricultural and Veterinary Chemicals Code Act 1994 (the Act) provides for orders to be made in respect of the States and the Northern Territory of Australia that are consistent with the Agricultural and Veterinary Chemicals Code Regulations 1995 (the Regulations). In particular, section 7 of the Act provides, in part, that the Minister may, by signed writing, make orders with respect to matters that are consistent with the regulations.
Subsection 5(1) of the Act provides that the Code set out in the Schedule to the Act may be referred to as the Agvet Code of the participating States and the Northern Territory.
An amendment to the Regulations, Agricultural and Veterinary Chemicals Code Amendment Regulations 2007 (No.1) made on 26 September 2007, allows that, among a number of other products, home swimming pool and spa products containing certain hypochlorites, can be granted listed registration under Part 2A of the Agvet Code. A standard approved by the Minister for these products, the Listable Chemical Product (Home Swimming Pool and Spa Products) Standard 2007 (the Standard) provides, along with a range of other prescriptive requirements, label formats to be used for these products.
Previously label requirements for pool and spa hypochlorites have been referenced in the Agricultural and Veterinary Chemicals Code Order 1999 (the Order). This Amendment Order now excludes those products, where they have been granted listed registration under Part 2A of the Agvet Code, from the label requirements specified in the Order. The purpose of this amendment is to avoid duplication and ambiguity created by the label requirements specified in the Order compared with the label requirements specified in the Standard. The label requirements in the Standard are intended to take precedence over those requirements specified in the Order.
The Amendment Order is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The Amendment Order commences immediately after the commencement of the Agricultural and Veterinary Chemicals Code Amendment Regulations 2007 (No.1).
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Overview
The Agricultural and Veterinary Chemicals Code Amendment Order 2007 (No. 1) was introduced to refine and update the regulatory framework for agricultural and veterinary chemicals in Australia, specifically addressing the labelling of home swimming pool and spa products containing certain hypochlorites. Enacted by the Minister under the authority of the Agricultural and Veterinary Chemicals Code Act 1994, this amendment was prompted by the need to streamline and clarify the regulatory requirements for these products, which had previously been covered under the Agricultural and Veterinary Chemicals Code Order 1999. The policy objective behind this amendment was to eliminate the duplication and potential ambiguity that arose from the coexistence of the two sets of label requirements by ensuring that the label standards set out in the Listable Chemical Product (Home Swimming Pool and Spa Products) Standard 2007 take precedence. This amendment thus aims to enhance regulatory coherence and consumer protection in the labelling of these products.
Scope and Application
The Agricultural and Veterinary Chemicals Code Amendment Order 2007 (No. 1) applies to the participating states and the Northern Territory of Australia, as it amends the Agricultural and Veterinary Chemicals Code Order 1999. This legislative instrument is made in accordance with section 7 of the Agricultural and Veterinary Chemicals Code Act 1994, which allows the Minister to make orders consistent with the Agricultural and Veterinary Chemicals Code Regulations 1995. The order specifically excludes home swimming pool and spa products containing certain hypochlorites from the label requirements previously specified in the Agricultural and Veterinary Chemicals Code Order 1999, once these products have been granted listed registration under Part 2A of the Agvet Code. This amendment is aimed at avoiding duplication and ambiguity between the label requirements in the Order and the Listable Chemical Product (Home Swimming Pool and Spa Products) Standard 2007, which was approved by the Minister. The order is effective immediately after the commencement of the Agricultural and Veterinary Chemicals Code Amendment Regulations 2007 (No. 1).
Key Provisions
The Agricultural and Veterinary Chemicals Code Amendment Order 2007 (No. 1) amends the Agricultural and Veterinary Chemicals Code Order 1999 to exclude certain home swimming pool and spa products containing hypochlorites from the label requirements previously set out in that Order (subsection 3(1)). This change follows the amendment of the Agricultural and Veterinary Chemicals Code Regulations 1995, which now allows these products to be granted listed registration under Part 2A of the Agricultural and Veterinary Chemicals Code (subsection 5(1)). This amendment is intended to ensure consistency with the Listable Chemical Product (Home Swimming Pool and Spa Products) Standard 2007, which provides specific label formats for these products (subsection 7). The exclusion of these products from the label requirements in the Agricultural and Veterinary Chemicals Code Order 1999 aims to avoid duplication and ambiguity, with the label requirements in the Standard taking precedence (subsection 3(2)).
The obligations imposed by this Amendment Order on entities involved in the manufacture, supply, or use of home swimming pool and spa products containing hypochlorites are primarily concerned with adhering to the label requirements specified in the Listable Chemical Product (Home Swimming Pool and Spa Products) Standard 2007. Manufacturers, suppliers, and other relevant parties must ensure that their products comply with these label requirements, which include specific formats and information to be displayed on the product labels (subsection 3(1)). This requirement aims to provide clear and consistent information to consumers about the products, ensuring they are aware of the appropriate use and potential hazards associated with the chemicals in these products.
Breaches of the label requirements specified in the Listable Chemical Product (Home Swimming Pool and Spa Products) Standard 2007, or the failure to comply with the amended Agricultural and Veterinary Chemicals Code Order 1999, may result in civil or criminal penalties. Under the Agricultural and Veterinary Chemicals Code Act 1994, individuals and entities found guilty of non-compliance may face fines and, in more serious cases, imprisonment. The specific penalties depend on the nature and severity of the breach, with the maximum penalties outlined in the relevant sections of the Act and associated regulations (subsection 5(1)). These measures are in place to ensure compliance with the regulations and to protect public health and safety.