EXPLANATORY STATEMENT
Agricultural and Veterinary Chemicals Code (Prescribed Relevant Particulars - 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 (Prescribed Relevant Particulars – Revocation) Instrument 2014 is to revoke the Agricultural and Veterinary Chemicals Code (Prescribed Relevant Particulars) Instrument 2014 (Prescribed Relevant Particulars Instrument).
As of 1 January 2015, the Prescribed Relevant Particulars Instrument will be made redundant following amendments to the Agricultural and Veterinary Chemicals Code Regulations 1995 (the Agvet Code Regulations) by the Agricultural and Veterinary Chemicals Code Amendment (Removal of Re-approvals and Re-registrations) Regulation 2014.
The amendments support the notification of variations of relevant particulars (set out in Division 2AA of Part 2 of the Agvet Code) and variation of prescribed relevant particulars (set out in Division 2A of Part 2 of the Agvet Code), by prescribing relevant particulars to fit within these streamlined variation processes.
Those applications previously made under Division 2A of Part 2 of the Agvet Code in reliance upon the Prescribed Relevant Particulars Instrument can from the commencement of item 14 of Schedule 1 to the Agricultural and Veterinary Chemicals Code Amendment (Removal of Re-approvals and Re-registrations) Regulation 2014, by virtue of regulations 19AE and 19AF, be made by notification to the APVMA under Division 2AA of Part 2 of the Agvet Code or making an application under Division 2A of Part 2 of the Agvet Code.
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: 18073).
Public consultation
No public consultation has been undertaken about the revocation of the Prescribed Relevant Particulars Instrument as the Instrument is redundant following amendments to the Agvet Code Regulations.
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 – 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 (Prescribed Relevant Particulars) Instrument 2014.
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.
Overview
The Agricultural and Veterinary Chemicals Code (Prescribed Relevant Particulars – Revocation) Instrument 2014 was introduced to address the redundancy of the Agricultural and Veterinary Chemicals Code (Prescribed Relevant Particulars) Instrument 2014, following amendments to the Agricultural and Veterinary Chemicals Code Regulations 1995. This Instrument was enacted by the Australian Government, which sought to streamline the notification and application processes for variations in relevant particulars of agricultural and veterinary chemicals. The Agricultural and Veterinary Chemicals Code Act 1994, as amended by the Agricultural and Veterinary Chemicals Legislation Amendment Act 2013, underpins the regulatory scheme for these chemicals. The policy objective was to support more efficient and effective management of notifications and applications by prescribing relevant particulars within the streamlined processes outlined in the Act. This Instrument ensures that as of 1 January 2015, applications previously made under the older regulatory framework can now be submitted under the new processes.
Scope and Application
The Agricultural and Veterinary Chemicals Code (Prescribed Relevant Particulars – Revocation) Instrument 2014 serves to revoke the Agricultural and Veterinary Chemicals Code (Prescribed Relevant Particulars) Instrument 2014. This Instrument is enacted under the Agricultural and Veterinary Chemicals Code Act 1994, which establishes a regulatory framework for the management of agricultural and veterinary chemicals in Australia. The revocation takes effect as of 1 January 2015, following amendments to the Agricultural and Veterinary Chemicals Code Regulations 1995 by the Agricultural and Veterinary Chemicals Code Amendment (Removal of Re-approvals and Re-registrations) Regulation 2014. The revocation is intended to streamline the processes for notifying variations of relevant particulars and prescribing relevant particulars, aligning with the updated regulatory requirements. The changes facilitate the transition from the previous regulatory framework to the new streamlined processes, which can now be carried out via notification to the Australian Pesticides and Veterinary Medicines Authority (APVMA) under Division 2AA of Part 2 of the Agvet Code or by application under Division 2A of Part 2 of the Agvet Code.
Key Provisions
The Agricultural and Veterinary Chemicals Code (Prescribed Relevant Particulars – Revocation) Instrument 2014 (section 1) revokes the Agricultural and Veterinary Chemicals Code (Prescribed Relevant Particulars) Instrument 2014, aligning with the changes made by the Agricultural and Veterinary Chemicals Legislation Amendment Act 2013 and the Agricultural and Veterinary Chemicals Code Amendment (Removal of Re-approvals and Re-registrations) Regulation 2014. The Prescribed Relevant Particulars Instrument, which previously outlined the specific details that had to be included in applications for variations of relevant particulars and prescribed relevant particulars, is now redundant as of 1 January 2015. This change follows the amendments to the Agricultural and Veterinary Chemicals Code Regulations 1995, which introduced more streamlined processes for such applications under Division 2AA and Division 2A of Part 2 of the Agvet Code.
The parties or entities governed by this Act are required to comply with the new streamlined procedures for notifying variations of relevant particulars and variations of prescribed relevant particulars. This involves submitting applications directly to the Australian Pesticides and Veterinary Medicines Authority (APVMA) under the updated regulations. These procedures are designed to facilitate easier and more efficient processing of applications, thereby reducing administrative burdens. The new processes encourage a more flexible approach to handling changes in chemical formulations and usage, which can benefit both the manufacturers and users of agricultural and veterinary chemicals.
Failure to comply with the new requirements set out in the Agricultural and Veterinary Chemicals Code and the accompanying regulations may result in administrative or legal consequences. Although specific penalties are not outlined in this particular Instrument, general provisions within the Agricultural and Veterinary Chemicals Code Act 1994 may apply. These could include fines, enforcement actions, or other regulatory measures to ensure compliance with the legislative requirements. The exact nature and extent of penalties would be determined based on the specific circumstances of the breach and in accordance with the broader legislative framework governing agricultural and veterinary chemicals in Australia.