Agricultural and Veterinary Chemicals Code Order 1999
as amended
made under subsection 7 (1) of the
Agricultural and Veterinary Chemicals Code Act 1994
This compilation was prepared on 10 October 2007
taking into account amendments up to Agricultural and Veterinary Chemicals Code Amendment Order 2007 (No. 1)
Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra
Contents
1 Name of Order [see Note 1]
2 Commencement
3 Definitions
4 Label for containers for pool or spa hypochlorites
Notes
1 Name of Order [see Note 1]
This Order is the Agricultural and Veterinary Chemicals Code Order 1999.
2 Commencement
This Order commences on 31 October 1999.
3 Definitions
In this Order:
Code has the same meaning as in the Regulations.
pool or spa hypochlorite has the same meaning as in the Regulations.
Regulations means the Agricultural and Veterinary Chemicals Code Regulations 1995.
4 Label for containers for pool or spa hypochlorites
(1) Subject to subsection (2), for paragraph 14 (3) (d) of the Code and regulation 11A of the Regulations, a label for containers for pool or spa hypochlorites must be in the form (if any) last published for those containers by the National Registration Authority for Agricultural and Veterinary Products in the Gazette and in force on 31 March 2004.
Note The National Registration Authority for Agricultural and Veterinary Products is the former name of APVMA.
(2) Subsection (1) does not apply to a label for containers for pool or spa hypochlorites if the pool or spa hypochlorite has been granted listed registration under Part 2A of the Code.
Notes to the Agricultural and Veterinary Chemicals Code Order 1999
Note 1
The Agricultural and Veterinary Chemicals Code Order 1999 (in force under subsection 7 (1) of the Agricultural and Veterinary Chemicals Code Act 1994) as shown in this compilation is amended as indicated in the Tables below.
Under the Legislative Instruments Act 2003, which came into force on 1 January 2005, it is a requirement for all non-exempt legislative instruments to be registered on the Federal Register of Legislative Instruments.
Table of Instruments
Title | Date of notification
in Gazette or FRLI registration | Date of
commencement | Application, saving or
transitional provisions |
Agricultural and Veterinary Chemicals Code Order 1999 (SR 1999 No. 242) | 20 Oct 1999 | 31 Oct 1999 | |
Agricultural and Veterinary Chemicals Code Amendment Order 2004 (No. 1)
(SR 2004 No. 55) | 31 Mar 2004 | 31 Mar 2004 | — |
Agricultural and Veterinary Chemicals Code Amendment Order 2004 (No. 2)
(SR 2004 No. 406) | 17 Dec 2004 | 17 Dec 2004 | — |
Agricultural and Veterinary Chemicals Code Amendment Order 2007(No. 1) | 8 Oct 2007 (see F2007L03961) | 28 Sept 2007 (see r. 2) | — |
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
Provision affected | How affected |
Note to s. 3............ | rep. 2004 No. 2 |
S. 4................. | am. 2004 No. 1 |
| rs. 2004 No. 2 |
| am. 2007 No. 1 |
Note to s. 4............ | ad. 2004 No. 2 |
Overview
The Agricultural and Veterinary Chemicals Code Order 1999, enacted under subsection 7(1) of the Agricultural and Veterinary Chemicals Code Act 1994, was introduced to address the need for a standardised regulatory framework governing the approval, registration, and sale of agricultural and veterinary chemicals in Australia. This legislative instrument was developed to ensure the safety and efficacy of these chemicals, thereby protecting public health and the environment. The Order, which commenced on 31 October 1999, was created by the relevant legislature and outlines key definitions and requirements for the labelling of containers for pool or spa hypochlorites, among other things. The policy objective of the Order is to facilitate the efficient administration and enforcement of the Code, which aims to regulate the chemicals in a manner that minimises risks while promoting the responsible use of these substances in agriculture and veterinary practices.
Scope and Application
The Agricultural and Veterinary Chemicals Code Order 1999, as amended, is a legislative instrument made under the Agricultural and Veterinary Chemicals Code Act 1994. This Order applies to the labelling of containers for pool or spa hypochlorites and mandates that such labels must adhere to the form last published by the National Registration Authority for Agricultural and Veterinary Products in the Gazette, which was in effect on 31 March 2004. This requirement is subject to specific exceptions, including when a pool or spa hypochlorite has been granted listed registration under Part 2A of the Code. The Order has a national jurisdictional reach and applies to all entities and individuals involved in the distribution and sale of agricultural and veterinary chemicals within Australia. The Order is subject to further refinement and extension through subordinate instruments, as indicated by the various amendments listed in the Table of Instruments and the Table of Amendments. These amendments detail changes and updates made to the Order since its initial publication, ensuring that it remains current and effective in regulating the labelling of pool or spa hypochlorites under the Code.
Key Provisions
The Agricultural and Veterinary Chemicals Code Order 1999 (the "Order") primarily governs the labelling requirements for containers of pool or spa hypochlorites. Section 4(1) stipulates that these containers must bear a label that conforms to the form last published by the National Registration Authority for Agricultural and Veterinary Products in the Gazette and in force on 31 March 2004. This requirement is subject to the exclusions outlined in subsection 4(2), which exempts containers of pool or spa hypochlorites that have been granted listed registration under Part 2A of the Code. The National Registration Authority for Agricultural and Veterinary Products is now known as the Australian Pesticides and Veterinary Medicines Authority (APVMA), a detail noted in the explanatory note.
Entities and parties governed by this Order must ensure that their pool or spa hypochlorite products comply with the specified labelling requirements. This includes verifying that the labels on the containers match the form published by the APVMA, unless the products are listed under Part 2A of the Code. The obligation to adhere to these labelling standards is intended to maintain clarity and safety in the use of these chemicals, ensuring that consumers and users are adequately informed about the contents and potential hazards.
Failure to comply with the labelling requirements set out in the Order can lead to legal consequences. While the specific penalties for breach are not detailed within the Order itself, violations of the Agricultural and Veterinary Chemicals Code Act 1994, under which the Order operates, can result in substantial fines and, in severe cases, criminal charges. The precise penalties would depend on the nature and extent of the breach, and could be further informed by the associated Regulations and any relevant case law. It is therefore crucial for entities and individuals to ensure strict adherence to the labelling provisions to avoid any potential legal ramifications.