EXPLANATORY STATEMENT
Agricultural and Veterinary Chemicals Code (Modular Assessment Fees - Revocation) Instrument 2014
The Agricultural and Veterinary Chemicals Code Act 1994 (Act) provides, within a Code set out in the Schedule to the Act (Agvet Code), a low-regulatory scheme for agricultural and veterinary chemicals. This scheme was amended by the Agricultural and Veterinary Chemicals Legislation Amendment Act 2013 (Amending Act).
The purpose of the Agricultural and Veterinary Chemicals Code (Modular Assessment Fees – Revocation) Instrument 2014 is to revoke the Agricultural and Veterinary Chemicals Code Instrument No. 2 (Modular Assessment Fees) 2010 (Modular Assessment Fees Instrument).
The Modular Assessment Fees Instrument is replaced with guidelines made by the Australian Pesticides and Veterinary Medicines Authority (APVMA) under section 6A of the Agvet Code, set out in the APVMA’s Regulatory Guidelines.
The replacement of the Modular Assessment Fees Instrument with the guidelines is consistent with amendments made to the Agvet Code by the Amending Act. The guidelines set out descriptors for working out the appropriate modular assessment level for certain applications and reconsiderations set out in Schedule 7 of the Agricultural and Veterinary Chemicals Regulations 1995. The revocation has effect from the commencement of Schedule 1 – 6 of the Agricultural and Veterinary Chemicals Legislation Amendment Act 2013.
No Regulatory Impact Statement has been prepared for the Instrument. The Office of Best Practice Regulations was consulted about this Instrument and has advised that no further analysis (in the form of a Regulatory Impact Statement) is required (OBPR ID: 17109).
Public consultation
No public consultation has been undertaken about the revocation of the Modular Assessment Fees instrument as the Instrument is redundant following amendments to the Agvet Code and the implementation of guidelines made under section 6A of the Agvet Code.
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 (Modular Assessment Fees - Revocation) Instrument 2014
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 purpose of this Instrument is to revoke the Agricultural and Veterinary Chemicals Code Instrument No. 2 (Modular Assessment Fees) 2010.
Human rights implications
The Instrument does not engage any of the applicable rights or freedoms.
Conclusion
The Instrument is compatible with human rights as it does not raise any human rights issues.