EXPLANATORY STATEMENT
Select Legislative Instrument 2006 No. 75
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 2006 (No. 1)
The Agricultural and Veterinary Chemicals Code Act 1994 (the Act) provides for regulations to be made in respect of the States and Northern Territory of Australia. In particular, section 6 of the Act provides, in part, that the Governor-General may make regulations prescribing matters required or permitted by the Agricultural and Veterinary Chemicals Code to be prescribed by regulations within the meaning of the Code.
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.
Section 93 of the Code provides that the regulations may declare a chemical to be a restricted chemical product, provided that the Australian Pesticides and Veterinary Medicines Authority (APVMA) has certified in writing that this is in the public interest.
Under section 94 of the Code, a person must not supply or cause or permit, a restricted chemical product to be supplied to a person who is not authorised to use the product under another law of this jurisdiction.
On 6 March 2006 the delegate of the APVMA certified, pursuant to the Code, that it is in the public interest for all chemical products containing Rabbit Haemorrhagic Disease Virus (RHDV) (also known as Rabbit Calicivirus) to be declared by the Agricultural and Veterinary Chemicals Code Regulations 1995 (the Principal Regulations) to be restricted chemical products.
The purpose of the Regulation is to add all products containing RHDV to the list of restricted chemical products, as set out in Schedule 4 to the Principal Regulations.
RHDV is a member of the Caliciviridae family of viruses which, as a group, are associated with diseases in animals and humans, eg Rabbit Haemorrhagic Disease (RHD). RHD is an acute fatal disease of the European rabbit, a major pest of Australia. Infection in the European rabbit usually leads to disease and death within 48-72 hours of infection.
The amendment reflects the results of a recent assessment by the APVMA of an application for registration of a product containing RHDV. Products containing RHDV are used to treat grain or carrots for the preparation of baits, or by direct injection, for the infection of wild European rabbits.
A key finding of the assessment was that special knowledge, skills and qualifications are required in the preparation and handling of RHDV products. In order to ensure that access to these products is limited to persons who are appropriately trained, the review report recommended that RHDV products should be declared to be restricted chemical products and thereby available for supply to authorised persons only.
As part of a consultative process, States and Territories have provided APVMA with definitions of authorised persons for the purposes of restricting the use of RHDV in their respective jurisdictions. Declaring a chemical product to be a restricted chemical product has the effect that the product cannot be supplied to any person who is not authorised to use the product under State/Territory law and also requires that a restricted chemical product must not be supplied unless the product label is endorsed "RESTRICTED CHEMICAL PRODUCT - ONLY TO BE SUPPLIED OR USED BY AN AUTHORISED PERSON".
The Regulations add the following to Schedule 4 to the Principal Regulations:
- A chemical product containing Rabbit Hemorrhagic Disease Virus (RHDV) (also known as rabbit calicivirus) that is in the injectable form and requires mixing with carriers such as oats or carrot before it is ready to use as a bait.
The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The Regulations commenced on the day after they were registered.
0604358A-060317A
Overview
The Agricultural and Veterinary Chemicals Code Amendment Regulations 2006 (No. 1) were introduced to address the need for stricter controls on chemicals containing Rabbit Haemorrhagic Disease Virus (RHDV), also known as rabbit calicivirus. Enacted by the Australian Government, these regulations amend the Agricultural and Veterinary Chemicals Code Act 1994. They were made in response to the Australian Pesticides and Veterinary Medicines Authority's (APVMA) certification that it is in the public interest to restrict access to RHDV products due to the need for special knowledge and qualifications for their safe use. The policy objective of these regulations is to ensure that RHDV products, which are used for the control of European rabbits, a significant pest in Australia, are only supplied to and used by authorised persons who have the necessary training and qualifications. This measure aims to prevent misuse and potential harm associated with the handling and application of these chemicals.
Scope and Application
The Agricultural and Veterinary Chemicals Code Amendment Regulations 2006 (No. 1) pertain to the regulation of chemical products in Australia, specifically targeting those containing Rabbit Haemorrhagic Disease Virus (RHDV), also known as rabbit calicivirus. These regulations extend across the participating states and the Northern Territory, applying to the control and distribution of chemical products that have been deemed to be in the public interest to restrict their use. They are intended to ensure that only authorised individuals who possess the necessary expertise and qualifications can supply or use these products, thereby mitigating potential risks associated with their improper handling or misuse. The regulations were enacted in response to a certification by the Australian Pesticides and Veterinary Medicines Authority, which highlighted the need for stringent controls due to the acute and fatal nature of RHDV in European rabbits, a recognised pest species in Australia. The amendment specifically addresses injectable forms of RHDV that require mixing with carriers before use, ensuring that these products are labelled appropriately and are only supplied to authorised personnel as defined by state and territory laws.
Key Provisions
The main operative sections of the Agricultural and Veterinary Chemicals Code Amendment Regulations 2006 (No. 1) (the Regulations) are sections that amend the Agricultural and Veterinary Chemicals Code Regulations 1995 (the Principal Regulations). Specifically, section 3 of the Regulations adds a new entry to Schedule 4 of the Principal Regulations, declaring all products containing Rabbit Haemorrhagic Disease Virus (RHDV), also known as Rabbit Calicivirus, as restricted chemical products (section 3(1)). This means that such products can only be supplied to persons authorised under the relevant State or Territory laws (section 94 of the Code). This amendment reflects the findings of the Australian Pesticides and Veterinary Medicines Authority (APVMA) that these products require special knowledge, skills, and qualifications for their preparation and handling, and are intended to control the spread of Rabbit Haemorrhagic Disease (RHD) among wild European rabbits in Australia.
The Regulations impose obligations on parties and entities involved in the handling, supply, and use of RHDV products. Firstly, it is mandatory for any person or entity supplying these products to ensure that they are only supplied to authorised persons, as defined by the respective State or Territory laws (section 94 of the Code). Secondly, the product label must be endorsed with the phrase "RESTRICTED CHEMICAL PRODUCT - ONLY TO BE SUPPLIED OR USED BY AN AUTHORISED PERSON" to prevent unauthorised use (Schedule 4, Principal Regulations). These obligations aim to ensure that only adequately trained individuals have access to these potent chemicals, thereby minimising risks associated with improper handling or misuse.
Failure to comply with the Regulations can lead to significant legal consequences. Under section 38 of the Agricultural and Veterinary Chemicals Code Act 1994, a person who contravenes the Code can be subject to civil and criminal penalties. Specifically, a civil penalty of up to $22,200 per day can be imposed for each day of the contravention, while criminal penalties can include fines of up to $121,500 for individuals and $607,500 for bodies corporate, as well as imprisonment. These penalties underscore the seriousness with which the Act treats non-compliance, reflecting the potential public health and safety risks associated with the misuse of restricted chemical products.