Agricultural and Veterinary Chemicals Code Amendment Regulations 2004 (No. 1) 2004 No. 224
EXPLANATORY STATEMENT
STATUTORY RULES 2004 No. 224
Subject - Agricultural and Veterinary Chemicals Code Act 1994
Agricultural and Veterinary Chemicals Code Amendment Regulations 2004 (No. 1)
Subsection 6(1) of the Agricultural and Veterinary Chemicals Code Act 1994 (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 5(1) of the Act provides that the Agricultural and Veterinary Chemicals Code set out in the Schedule to the Act may be referred to as the "Agvet Code" of the participating Territories. Section 3 of the Act defines "the Code" as the Agvet Code of the participating Territories. The Agvet Code is enacted under a Commonwealth Act that applies in the Australian Capital Territory (subsection 7(1) of the Agricultural and Veterinary Chemicals Act 1994). The Agvet Code operates nationally because the State and Northern Territory Governments have each passed complementary legislation to apply the Agvet Code in each of the States and the Northern Territory.
The Agricultural and Veterinary Chemicals Amendment (Name Change) Act 2004, which received Royal Assent on 23 June 2004, amends the Agricultural and Veterinary Chemicals (Administration) Act 1994 to provide for the former "National Registration Authority for Agricultural and Veterinary Chemicals" to be known as the "Australian Pesticides and Veterinary Medicines Authority" (the APVMA). A new section 170A has also been inserted into the Agvet Code to provide for the protection of the symbol of the APVMA. These provisions commenced on 24 June 2004.
New subsection 170A(1) of the Agvet Code prevents a person from using the protected symbol of the APVMA. Subsection 170A(5) of the Agvet Code provides that the protected symbol of the APVMA is the logo set out in the regulations.
The purpose of the Regulations is to set out the logo of the APVMA for the purposes of subsection 170A(5) of the Agvet Code.
Details of the Regulations are in the Attachment.
The Regulations commence on the date of their notification in the Gazette.
Authority: Subsection 6(1) of the Agricultural and Veterinary Chemicals Code Act 1994
Attachment
DETAILS OF THE AGRICULTURAL AND VETERINARY CHEMICALS CODE AMENDMENT REGULATIONS 2004 (No. 1)
Regulation 1
Regulation 1 provides for the name of the Regulations to be the Agricultural and Veterinary Chemicals Code Amendment Regulations 2004 (No. 1).
Regulation 2
Regulation 2 provides for the Regulations to commence on the date of their notification in the Gazette.
Regulation 3
Regulation 3 provides that Schedule 1 amends the Agricultural and Veterinary Chemicals Code Regulations 1995 (the Principal Regulations).
SCHEDULE 1 - Amendments
Item [1] After regulation 78
Subsection 170A(1) of the Agvet Code prevents a person from using the protected symbol of the APVMA. Subsection 170A(5) of the Agvet Code provides that the protected symbol of the APVMA is the logo set out in the regulations. Regulation 79 provides that for the purposes of the definition of protected symbol in subsection 170A(5) of the Act, the logo of the APVMA is set out in Schedule 8 to the Principal Regulations.
Item [2] After Schedule 7
A new Schedule 8 to the Principal Regulations is inserted setting out the logo of the APVMA.
Overview
The Agricultural and Veterinary Chemicals Code Amendment Regulations 2004 (No. 1) were introduced to align the regulations with the new name of the Australian Pesticides and Veterinary Medicines Authority (APVMA), as enacted by the Agricultural and Veterinary Chemicals Amendment (Name Change) Act 2004. These regulations were made under the authority provided by subsection 6(1) of the Agricultural and Veterinary Chemicals Code Act 1994, enabling the Governor-General to prescribe necessary regulations for carrying out or giving effect to the Agvet Code. The policy objective behind these amendments is to ensure the integrity and recognition of the APVMA’s symbol, which is critical for maintaining public trust and the regulatory framework governing agricultural and veterinary chemicals in Australia. The regulations commenced on the date of their notification in the Gazette, ensuring that the new provisions were immediately effective.
Scope and Application
The Agricultural and Veterinary Chemicals Code Amendment Regulations 2004 (No. 1) amends the Agricultural and Veterinary Chemicals Code Regulations 1995 to reflect changes made by the Agricultural and Veterinary Chemicals Amendment (Name Change) Act 2004. This legislation applies nationally across Australia, as the participating States and Territories have enacted complementary legislation to enforce the Agvet Code. The Regulations specifically address the transition of the former National Registration Authority for Agricultural and Veterinary Chemicals to the Australian Pesticides and Veterinary Medicines Authority (APVMA). They are designed to protect the APVMA's new symbol, prohibiting any person from using it without permission. The Regulations are effective from the date of their notification in the Gazette, ensuring timely implementation of the legislative changes.
Key Provisions
The primary operative sections of the Agricultural and Veterinary Chemicals Code Amendment Regulations 2004 (No. 1) (the Regulations) are found in Regulation 3 and Schedule 1. Regulation 3 details the amendments made to the Agricultural and Veterinary Chemicals Code Regulations 1995 (the Principal Regulations). Schedule 1, which is attached to the Regulations, specifies the changes to the Principal Regulations, including the addition of a new Schedule 8 that sets out the logo of the Australian Pesticides and Veterinary Medicines Authority (APVMA). Regulation 79 of the Principal Regulations is updated to reflect this new Schedule 8, thereby providing the necessary detail for the protected symbol of the APVMA as stipulated in subsection 170A(5) of the Agricultural and Veterinary Chemicals Code Act 1994 (the Act).
The Regulations impose specific obligations and requirements on the parties and entities they govern. Primarily, they mandate that the logo of the APVMA, as detailed in Schedule 8, must be adhered to in any context where the protected symbol is referenced. This includes ensuring that the logo is not used by any person without authorization, as per subsection 170A(1) of the Agvet Code. The Regulations also necessitate compliance with the new legislative framework that identifies the APVMA as the governing authority under the amended Agricultural and Veterinary Chemicals Amendment (Name Change) Act 2004.
Any breach of the provisions outlined in the Regulations may result in both civil and criminal consequences. Under subsection 170A(1) of the Agvet Code, using the protected symbol of the APVMA without permission is prohibited, and such actions may lead to penalties. While the specific maximum penalties are not detailed within the explanatory statement, they would typically be found in the Agricultural and Veterinary Chemicals Code Act 1994 or subsequent regulations. These penalties can include fines and, in severe cases, criminal charges for deliberate or repeated violations. Compliance with these regulations is crucial to avoid the associated legal repercussions.