EXPLANATORY STATEMENT
Select Legislative Instrument 2005 No. 152
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 Regulations 2005 (No. 2)
Subsection 6(1) of the Agricultural and Veterinary Chemicals Code Act 1994 (the Agvet Code 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.
Section 3 of the Act defines ‘the Code’ as the Agvet Code of the participating Territories. Subsection 5(1) of the Agvet Code 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. 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 as 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 Regulations amend the Agricultural and Veterinary Chemicals Code Regulations 1995 (the Principal Regulations) to correct a typographical error.
Part 2 of Schedule 6 to the Principal Regulations provides a table of fees and assessment periods for a range of applications made under the Agvet Code. Due to a drafting oversight, the numbering of the second column from the left has been omitted from the column headings, resulting in incorrect numbering of the third and fourth columns from the left. The Regulations correct this discrepancy by renumbering the columns in the table in Part 2 of Schedule 6 to the Principal Regulations from 1 to 4.
The Regulations commence on the day after they are registered on the Federal Register of Legislative Instruments.
The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Authority: Subsection 6(1) of the Agricultural and
Veterinary Chemicals Code Act 1994
Overview
The Agricultural and Veterinary Chemicals Code Amendment Regulations 2005 (No. 2) were enacted to amend the Agricultural and Veterinary Chemicals Code Regulations 1995. This legislative instrument was introduced by the Parliament of Australia to correct a typographical error in the original regulations, ensuring the accuracy and effectiveness of the fee structure outlined for various applications under the Agvet Code. The Agricultural and Veterinary Chemicals Code Act 1994 provides the legislative framework for these amendments, enabling the Governor-General to make regulations necessary for the implementation and enforcement of the Code. The policy objective is to maintain the integrity and functionality of the regulatory system governing agricultural and veterinary chemicals, ensuring that the fees and assessment periods are correctly specified for compliance and administration purposes. These Regulations commenced on the day after their registration on the Federal Register of Legislative Instruments.
Scope and Application
The Agricultural and Veterinary Chemicals Code Amendment Regulations 2005 (No. 2) amend the Agricultural and Veterinary Chemicals Code Regulations 1995, which are subordinate instruments to the Agricultural and Veterinary Chemicals Code Act 1994. This Act applies to the regulation of agricultural and veterinary chemicals across Australia, encompassing all participating jurisdictions: the Commonwealth, Australian Capital Territory, and each of the States and the Northern Territory due to their complementary legislation. The Code regulates the approval, registration, classification, and labelling of these chemicals, ensuring their safe and effective use. The Regulations correct a typographical error in the Principal Regulations that affected the numbering of a fee table, thus ensuring the accurate application of fees and assessment periods for various applications under the Agvet Code. The Regulations apply nationally, aligning with the jurisdictional reach of the overarching Act. There are no stated exclusions, exemptions, or thresholds in these particular Regulations, which are solely aimed at correcting the identified error.
Key Provisions
The main operative sections of these regulations pertain to correcting a typographical error in the Agricultural and Veterinary Chemicals Code Regulations 1995 (Section 3). Specifically, the Regulations address the incorrect numbering of columns in a table in Part 2 of Schedule 6 of the Principal Regulations, which lists fees and assessment periods for various applications under the Agvet Code. By renumbering the columns, the Regulations ensure that the table accurately reflects the intended structure and numbering (Regulation 3).
These Regulations impose an obligation on the relevant authorities to ensure that the corrected table is applied correctly in all future dealings under the Agvet Code. This includes updating any references, documents, or systems that may have been affected by the previous numbering error (Regulation 3).
In terms of consequences for non-compliance, the primary focus of these Regulations is on rectification rather than punitive measures. However, any entity or individual who fails to adhere to the corrected fee structure or assessment periods as per the amended table could potentially face civil or administrative penalties under the broader provisions of the Agricultural and Veterinary Chemicals Code Act 1994. Such penalties could include fines or other enforcement actions, although the specific penalties would be determined according to the particular circumstances of the breach and the relevant provisions of the Agvet Code Act (Section 10).
Given that the Regulations are primarily corrective in nature, they do not introduce new offences or penalties. Instead, they ensure that the administration of the Agvet Code is accurate and consistent, thereby maintaining the integrity of the regulatory framework for agricultural and veterinary chemicals in Australia (Regulation 3).