EXPLANATORY STATEMENT
Issued by Authority of the Assistant Minister for Agriculture, Fisheries and Forestry
Parliamentary Secretary to the Minister for Agriculture, Fisheries and Forestry
Agricultural and Veterinary Chemicals Code Act 1994
Agricultural and Veterinary Chemicals Code Amendment (Registration Renewals) Regulations 2026
Legislative Authority
The Agricultural and Veterinary Chemicals Code Act 1994 (the Act) (including the Agricultural and Veterinary Chemicals Code (the Code) set out in the Schedule to the Act) is an Act to provide for the evaluation, registration and control of agricultural and veterinary chemical products.
Subsection 6(1) of the Act provides that the Governor-General may make regulations prescribing matters required or permitted by the Code to be prescribed by regulations within the meaning of the Code, or necessary or convenient to be prescribed by such regulations for carrying out or giving effect to the Code.
Subsection 48(3) of the Code permits regulations to prescribe circumstances in which the Australian Pesticides and Veterinary Medicines Authority (the APVMA) may accept a late application for the renewal, or further renewal, of a chemical product registration.
The Agricultural and Veterinary Chemicals Code Amendment (Registration Renewals) Regulations 2026 (the Amendment Regulations) are made under subsection 6(1) of the Act and subsection 48(3) of the Code.
The Amendment Regulations are a legislative instrument for the purposes of the Legislation Act 2003 (the Legislation Act). Subsection 12(1A) of the Legislation Act provides that despite any principle or rule of common law, a legislative instrument or notifiable instrument may provide that the instrument, or a provision of the instrument, commences before the instrument is registered.
Purpose
The purpose of the Amendment Regulations is to amend the Agricultural and Veterinary Chemicals Code Regulations 1995 (the Code Regulations) to provide a new circumstance in which the APVMA may accept a late application for the renewal of the registration of an agricultural and veterinary chemical product. This circumstance applies where the renewal application was made between 1 June 2016 and 29 February 2020 and within 12 months after the registration of the product ended.
Background
The APVMA was established under the Agricultural and Veterinary Chemicals (Administration) Act 1992 as the independent Commonwealth regulator for agricultural and veterinary chemical products.
Regulation 23 of the Code Regulations, made under the Act, prescribes circumstances for the purposes of subsection 48(3) of the Code. Those circumstances are where, before the end of the period for making an application for renewal under the Code, or otherwise before the day on which the registration of a chemical product ends (on 30 June), the holder has requested the APVMA, in writing, to accept a late application, and the APVMA has agreed to that request.
Between 1 June 2016 and 29 February 2020, the APVMA accepted certain late applications for chemical product registration renewals, and renewed the registrations, in circumstances where those applications did not meet all the late application requirements prescribed in regulation 23 of the Code Regulations. In particular, some applicants did not request in writing that the APVMA accept a late application before the end of the period prescribed in regulation 23 of the Code Regulations (in effect, 30 June of a year).
Impact and Effect
The Amendment Regulations prescribe alternative circumstances in which the APVMA may accept a late application, being that the application was made between 1 June 2016 and 29 February 2020 and within 12 months after the registration of the product ends. The Amendment Regulations are taken to have commenced retrospectively on 1 June 2016, meaning these alternative circumstances are taken to be in place from that date. It is necessary for the Amendment Regulations to commence retrospectively to provide a basis for the APVMA having accepted late applications during this period of time.
The amendments are of a technical nature concerning the administrative processing of late applications. The amendments are consistent with the policy intent reflected in the Act that the APVMA has discretion, in circumstances prescribed in the Code Regulations, in relation to accepting late applications.
Consultation
The Amendment Regulations were developed in consultation with the APVMA. Consultation was conducted with State and Territory Parliamentary Counsel Offices on the Amendment Regulations, as they amend the national law in the Code Regulations and apply this to State and Territory laws. Relevant State and Territory agencies were also provided with the opportunity to comment on the intended effect of the Amendment Regulations. Broader consultation, for example with holders of chemical product registrations, was not considered necessary as the effect of the Amendment Regulations is to benefit individuals whose applications did not meet all the late application requirements.
Details/ Operation
The Amendment Regulations are a legislative instrument for the purposes of the Legislation Act.
The Amendment Regulations are taken to have commenced on 1 June 2016.
Section 12 of the Legislation Act enables a legislative instrument to commence retrospectively, with limitations on its application. The effect of subsection 12(2) is that the Amendment Regulations do not apply to a person to the extent retrospective application disadvantageously affects rights of the person, or imposes liabilities on the person in respect of anything done or omitted to be done before the Amendment Regulations are registered. The retrospective application does not disadvantageously affect the rights of registration holders or impose liabilities because the effect of the Amendment Regulations is to benefit persons whose applications did not meet all the late application requirements. Retrospective application of this technical change is considered necessary and appropriate because it will ensure a registration is not invalid only on the basis that the applicant failed to request an extension of time.
The Amendment Regulations are exempted from sunsetting by subsection 54(1) of the Legislation Act. This is because the Code Regulations and their enabling legislation, the Act, are part of the legislative framework that facilitates the establishment or operation of an intergovernmental scheme, being the ‘National Registration Scheme for Agricultural and Veterinary Chemicals’ (NRS) involving the Commonwealth and one or more states and territories and which authorises the Code Regulations (and related amendments) to be made for the purposes of the NRS.
The Code Regulations form part of a multilateral agreement, with the States and Territories applying the Code and the Code Regulations as a law of their own jurisdictions. The process for forming these agreements takes significant time and resourcing from all parties. This arrangement would be undermined if the Code Regulations were subject to a unilateral sunsetting process that would have repercussions for each jurisdiction that is a party to the intergovernmental agreement.
In addition, the intergovernmental agreement also requires substantial consultation with the States and Territories as it implements and maintains the NRS. Subjecting the legislation to sunsetting would likely affect the ongoing relationships with the other jurisdictions and impact the ability of the regulator to implement the NRS consistently and efficiently, which in turn could increase the regulatory burden on stakeholders and affect productivity. It may also impede the APVMA’s ability to cost recover for services provided.
Details of the Amendment Regulations are set out in Attachment A.
Other
The Amendment Regulations are compatible with the human rights and freedoms recognised or declared under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. A full Statement of Compatibility with Human Rights is set out in Attachment B.
ATTACHMENT A
Details of the Agricultural and Veterinary Chemicals Code Amendment (Registration Renewals) Regulations 2026
Section 1 – Name
This section provides that the name of the instrument is the Agricultural and Veterinary Chemicals Code Amendment (Registration Renewals) Regulations 2026 (the Amendment Regulations).
Section 2 – Commencement
Subsection 2(1) has the effect that the whole of the Amendment Regulations is taken to have commenced on 1 June 2016.
The note below the table provides that the table relates only to the provisions of the Amendment Regulations as originally made. It will not be amended to deal with later amendments of the Amendment Regulations. The purpose of this note is to clarify that the commencement of any subsequent amendments will not be reflected in this table.
Subsection 2(2) provides that any information in column 3 of the table is not part of the instrument. Information may be inserted in that column, or information in it may be edited, in any published version of the instrument.
The Amendment Regulations commence retrospectively on 1 June 2016. The retrospective commencement date is necessary to provide a basis for the APVMA’s acceptance of certain late chemical product registration renewal applications between 1 June 2016 and 29 February 2020, which would otherwise not have met the late application requirements. This ensures that the APVMA’s renewals of the relevant chemical product registrations were not adversely affected by any failure of the applications to meet the late application requirements.
Section 3 – Authority
This section provides that the Amendment Regulations are made under the authority of the Agricultural and Veterinary Chemicals Code Act 1994 (the Act).
Section 4 – Schedules
This section provides for the amendment or repeal of instruments as set out in a Schedule to the Amendment Regulations. This enables the amendment of the Agricultural and Veterinary Chemicals Code Regulations 1995 (the Code Regulations) as set out in Schedule 1 to the instrument.
Schedule 1 – Amendments
Agricultural and Veterinary Chemicals Code Regulations 1995
Item [1] – At the end of regulation 23
This item adds new subregulation 23(3) at the end of regulation 23 of the Code Regulations.
Subsection 48(1) of the Agricultural and Veterinary Chemicals Code (the Code), set out in the Schedule to the Act, provides that the holder of a registration of a chemical product may apply for the renewal, or further renewal, of the registration. Subsection 48(2) of the Code provides that subject to subsection 48(3), the application must not be made earlier than 3 months before the registration ends, or later than one month (or such shorter period as the Australian Pesticides and Veterinary Medicines Authority (APVMA) allows) before the registration ends. Registrations of chemical products end on 30 June.
Subsection 48(3) of the Code permits regulations to prescribe circumstances in which the APVMA may accept a late application for the renewal of a chemical product registration if the application is made on or before a date that the APVMA determines.
Subregulation 23(1) of the Code Regulations provides, for the purpose of subsection 48(3) of the Code, that the APVMA may accept a late application for the renewal of the registration of a chemical product if:
- before the end of the period for making an application referred to in subsection 48(2) of the Code, the applicant requests in writing that the APVMA accept a late application, and the APVMA agrees to that request; or
- after the end of the period for making an application referred to in subsection 48(2) of the Code and before the registration of the product ends, the applicant requests in writing that the APVMA accept a late application, and the APVMA agrees to that request.
New subregulation 23(3) provides alternative circumstances in which the APVMA may accept a late application for the renewal of the registration of a chemical product, being that the application is made between 1 June 2016 and 29 February 2020, and within 12 months after the registration of the product ends. New subregulation 23(3) is taken to have commenced retrospectively on 1 June 2016, as provided by section 2 of the Amendment Regulations.
Between 1 June 2016 and 29 February 2020, the APVMA accepted certain late applications for chemical product registration renewals, and renewed the registrations, in circumstances where those applications did not, but for the Amendment Regulations, meet all the late application requirements prescribed in regulation 23 of the Code Regulations. In particular, some applicants did not request in writing that the APVMA accept a late application before the end of the period prescribed in regulation 23 of the Code Regulations (in effect, 30 June of a year). Subregulation 23(3) provides a basis for the APVMA’s acceptance of those late applications. It covers late applications made within a limited period after the registration of the product ended (that is, 12 months), while ensuring applications made after the 12-month period are not covered.
ATTACHMENT B
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Agricultural and Veterinary Chemicals Code Amendment (Registration Renewals) Regulations 2026
This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Legislative Instrument
The Agricultural and Veterinary Chemicals Code Amendment (Registration Renewals) Regulations 2026 (the Amendment Regulations) retrospectively amend the Agricultural and Veterinary Chemicals Code Regulations 1995 (the Code Regulations) to provide a new circumstance for accepting late applications for past renewals of agricultural and veterinary chemical product registrations.
Between 1 June 2016 and 29 February 2020, the APVMA accepted certain late applications for chemical product registration renewals, and renewed the registrations, in circumstances where those applications did not meet all the late application requirements prescribed in regulation 23 of the Code Regulations. In particular, some applicants did not request in writing that the APVMA accept a late application before the end of the period prescribed in regulation 23 of the Code Regulations (in effect, 30 June of a year).
The Amendment Regulations therefore amend regulation 23 of the Code Regulations to prescribe alternative circumstances in which a late application can be accepted. The alternative circumstances are that the application is made between 1 June 2016 and 29 February 2020, and within 12 months after the registration of the product ended. The Amendment Regulations are taken to have commenced retrospectively on 1 June 2016, meaning these alternative circumstances are taken to be in place from that date. This provides a basis for the APVMA having accepted late applications for the renewal of the registration of a chemical product, where the alternative circumstances were met.
The amendments are of a technical nature concerning the administrative processing of late applications.
Human rights implications
This Legislative Instrument does not engage any of the applicable rights or freedoms.
Conclusion
This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.
Senator the Hon. Anthony Chisholm
Assistant Minister for Agriculture, Fisheries and Forestry
Parliamentary Secretary to the Minister for Agriculture, Fisheries and Forestry