Agricultural and Veterinary Chemicals Code Amendment Regulations 2004 (No. 4)

Administered by Department of Agriculture

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Agricultural and Veterinary Chemicals Code Amendment Regulations 2004 (No. 4) 2004 No. 353
 

EXPLANATORY STATEMENT

Statutory Rules 2004 No. 353

Minute No.       of 2004 - Parliamentary Secretary to the Minister for Agriculture, Fisheries and Forestry

Subject -        Agricultural and Veterinary Chemicals Code Act 1994

Agricultural and Veterinary Chemicals Code Amendment Regulations 2004 (No. 4)

Section 6 of the Agricultural and Veterinary Chemicals Code Act 1994 (the Act) provides, in part, 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 Australian Pesticides and Veterinary Medicines Authority (the APVMA) is the new name of the National Registration Authority for Agricultural and Veterinary Chemicals (the NRA). The NRA was a statutory body established by section 6 of the Agricultural and Veterinary Chemicals (Administration) Act 1992.

The Agricultural and Veterinary Chemicals Legislation Amendment (Name Change) Act 2004 (the Name Change Act), which received Royal Assent on 23 June 2004, amends a suite of Commonwealth legislation dealing with agricultural and veterinary chemicals to give effect to the change of name from the "National Registration Authority for Agricultural and Veterinary Chemicals" to the "Australian Pesticides and Veterinary Medicines Authority" (the APVMA).

The Regulations amend the Agricultural and Veterinary Chemicals Code Regulations 1995 (the Principal Regulations) by omitting all references to the "National Registration Authority for Agricultural and Veterinary Chemicals" and the "NRA" and replacing them with references to the "Australian Pesticides and Veterinary Medicines Authority" and the "APVMA" respectively consistent with the Name Change Act.

Details of the Regulations are in the attachment.

The Regulations commence on the date of their notification in the Gazette.

Authority:       Section 6 of the Agricultural and Veterinary Chemicals Code Act 1994

Attachment

DETAILS OF THE AGRICULTURAL AND VETERINARY CHEMICALS CODE AMENDMENT REGULATIONS 2004 (No. 4)

Regulation 1

Regulation 1 provides for the name of the regulations to be the Agricultural and Veterinary Chemicals Code Amendment Regulations 2004 (No. 4).

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], Subregulation 3(1), definition of pool or spa hypochlorite, paragraph (b)

This amendment amends the note appearing at the foot of the definition of pool or spa hypochlorite by noting that the National Registration Authority for Agricultural and Veterinary Chemicals is the former name of the APVMA.

Items [2] to [8]

In line with the intent of the proposed Regulations, each reference to "NRA", wherever occurring, is omitted and substituted with "APVMA". Each occurrence of the term "NRA" is identified in the Regulations.

Omit "NRA" and substitute "APVMA" in each of the following provisions of the Principal Regulations.

Item No.

Regulation/subregulation/paragraph

4, 5, 6, 7, and 8

Each of the listed clauses omits "NRA" and substitutes "APVMA" wherever occurring and as appropriate.

Omit "NRA" and substitute "APVMA" in each of the following headings of the Principal Regulations.

Item Number

 

Heading change: each of the following headings is altered by omitting "NRA" and substituting "APVMA".

 

2

3

Regulation 53

Regulation 76

 

 

 

Overview

The Agricultural and Veterinary Chemicals Code Amendment Regulations 2004 (No. 4) were enacted to address the need to update references to the "National Registration Authority for Agricultural and Veterinary Chemicals" (NRA) to the "Australian Pesticides and Veterinary Medicines Authority" (APVMA), as mandated by the Agricultural and Veterinary Chemicals Legislation Amendment (Name Change) Act 2004. The regulations were made under section 6 of the Agricultural and Veterinary Chemicals Code Act 1994 and were introduced to ensure consistency in the legislative framework governing agricultural and veterinary chemicals in Australia. The Agricultural and Veterinary Chemicals Code, referred to as the "Agvet Code," applies nationally, with the APVMA being responsible for its administration. The policy objective of these amendments was to align the regulatory terminology with the new name of the authority, thereby maintaining clarity and coherence in the regulatory environment. These regulations came into effect on the date of their notification in the Gazette.

Scope and Application

The Agricultural and Veterinary Chemicals Code Amendment Regulations 2004 (No. 4) amends the Agricultural and Veterinary Chemicals Code Regulations 1995 by updating references to the "National Registration Authority for Agricultural and Veterinary Chemicals" (NRA) to the "Australian Pesticides and Veterinary Medicines Authority" (APVMA) as per the Agricultural and Veterinary Chemicals Legislation Amendment (Name Change) Act 2004. This change applies nationally, as the Agvet Code operates across all Australian states and territories due to complementary state and territory legislation. The Regulations themselves are made under section 6 of the Agricultural and Veterinary Chemicals Code Act 1994, which allows for the creation of regulations to carry out or give effect to the Agvet Code. The Regulations do not alter the scope or application of the original Act but ensure that the Code remains current with statutory changes in agency names. These Regulations are effective from the date of their notification in the Gazette, aligning with the streamlined administration of agricultural and veterinary chemicals across Australia.

Key Provisions

The Agricultural and Veterinary Chemicals Code Amendment Regulations 2004 (No. 4) (the Regulations) amend the Agricultural and Veterinary Chemicals Code Regulations 1995 (the Principal Regulations) to update references to the former National Registration Authority for Agricultural and Veterinary Chemicals (NRA) to the Australian Pesticides and Veterinary Medicines Authority (APVMA). This change follows the renaming of the NRA to APVMA, as per the Agricultural and Veterinary Chemicals Legislation Amendment (Name Change) Act 2004. Regulation 1 names the regulations as the Agricultural and Veterinary Chemicals Code Amendment Regulations 2004 (No. 4), and Regulation 2 specifies that the regulations commence on the date of their notification in the Gazette. Regulation 3 indicates that Schedule 1 amends the Principal Regulations. The Regulations impose obligations on parties and entities governed by the Agricultural and Veterinary Chemicals Code (the Agvet Code) to update their documentation, procedures, and practices to reflect the new name of the regulatory body from NRA to APVMA. This change is necessary to maintain consistency and accuracy in compliance with the regulatory framework. The Regulations require entities to review all relevant documents, systems, and communications to ensure that the APVMA is correctly referenced in place of the NRA. The Regulations do not explicitly state any offences, penalties, or civil/criminal consequences for non-compliance. However, the importance of adhering to these amendments cannot be understated, as failure to update references to the regulatory body in compliance with the regulations may lead to confusion and potential non-compliance with the Agvet Code. Non-compliance with the Agvet Code or the Agricultural and Veterinary Chemicals Code Regulations 1995 could lead to enforcement actions under the primary Act, the Agricultural and Veterinary Chemicals Code Act 1994, which could include fines or other penalties as prescribed by that Act.

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