EXPLANATORY STATEMENT
Agricultural and Veterinary Chemicals Code (Prescribed Relevant Particulars) Instrument 2014
This Instrument is made by the Chief Executive Officer of the APVMA for the purposes of sections 8B and 29B of the Agricultural and Veterinary Chemicals Code, scheduled to the Agricultural and Veterinary Chemicals Code Act 1994.
Section 32(1) of the Agricultural and Veterinary Chemicals (Administration) Act 1992 provides that the Chief Executive Officer of the APVMA may exercise any of the powers and functions of the APVMA.
The Commonwealth and all States and Territories have agreed to a National Registration Scheme for Agricultural and Veterinary Chemicals. The National Scheme sets out the regulatory framework for the management of pesticides and veterinary medicines in Australia by a single agency. The APVMA is the current name for the National Registration Authority for Agricultural and Veterinary Chemicals (NRA) established in 1993 as an independent statutory authority responsible for the Commonwealth’s regulatory functions under the Scheme.
The National Registration Scheme also provides for a national, uniform and cooperative legislative regime throughout Australia administered by the APVMA. The centrepiece of the legislation is the Agvet Code, which has been applied to all Australian states and territories. Under the Agvet Code, the APVMA is responsible for the registration, quality assurance and compliance of pesticides and veterinary medicines up to and including the point of retail sale in Australia.
One of the changes brought about by the Agricultural and Veterinary Chemicals Legislation Amendment Act 2013 is to enable holders of approvals and registrations under the Code to apply to the variation of certain kinds of relevant particulars known as ‘prescribed relevant particulars’: see the new Division 2A of Part 2 of the Code. The Division 2A process is a streamlined variation process in relation to minor, low regulatory concern variations through which an application need not undergo a ‘preliminary assessment’.
A relevant particular is a prescribed relevant particular if it is set out in an instrument made by the APVMA for the purposes of s 26B of the Code. The first role of this Instrument is to set out the prescribed relevant particulars. This is done in section 5. Section 5(1) lists 6 kinds of relevant particulars that, due to their largely mechanical nature, the APVMA considers appropriate to be subject to the streamlined process for variation in Division 2A. Three of the 6 kinds of relevant particulars are defined in part by reference to the kind of variation sought.
Applications under the new Division 2A process must meet ‘the application requirements’: see section 26B(2). To meet the application requirements an application must, among other things, contain or be accompanied by the information specified for the application under section 8B of the Code. The second role of this Instrument is to specify the information that must be contained in, or accompany, applications for the variation of prescribed relevant particulars. This is done in section 6, which lists only the kind of information necessary for the APVMA to determine a Division 2A application.
No Regulatory Impact Statement has been prepared for the Instrument. The Office of Best Practice Regulation 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).
Documents incorporated by reference
The Instrument does not incorporate any documents by reference.
Public Consultation
This Instrument was released for public consultation from 19 June 2014 to 25 June 2014. Industry and community stakeholder groups were informed of the release. Comments were provided with respect to the content of the Instrument. These comments were taken into account in preparing the Instrument.
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 (Prescribed Relevant Particulars) 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
This Instrument sets out the prescribed relevant particulars of approvals and registration that can be varied under Division 2A of Part 2 of the Agricultural and Veterinary Chemicals Code. The Instrument also specifies the information that must be contained in, or accompany, applications for such variations.
Human rights implications
The Instrument does not engage any applicable rights or freedoms.
Conclusion
The Instrument is compatible with human rights.