Agricultural and Veterinary Chemicals Code Regulations (Amendment) 1996 No. 216
EXPLANATORY STATEMENT
STATUTORY RULES 1996 No. 216
Issued by the Authority of the Minister for Primary Industries and Energy
Agricultural And Veterinary Chemicals Code Act 1994
Agricultural and Veterinary Chemicals Code Regulations (Amendment)
Section 6 of the Agricultural and Veterinary Chemicals Code Act 1994 (the Act) provides that the Governor-General may make regulations for the purpose of the Act.
The Agricultural and Veterinary Chemicals Code Bill was passed in March 1994 as part of the package of legislation to implement the National Registration Scheme for agricultural and veterinary chemicals. The Agricultural and Veterinary Chemicals Code Regulations provide necessary support to the Act.
The proposed amendments specify amended fees for the assessment by the National Registration Authority for Agricultural and Veterinary Chemicals (NRA) of applications for registration of formulated agricultural and veterinary chemical products (with the exception of the assessment of active constituents, in isolation) and for the issue of permits. (Permits are issued in instances where a lesser standard of certainty/ rigour is warranted in assessment, eg for trials or emergency uses). The fees are all increased by 3.1%, to take account of expected inflationary effects.
Details of the regulations are as follows:
Overview
The Agricultural and Veterinary Chemicals Code Regulations (Amendment) 1996 No. 216 was enacted to amend the fees specified under the Agricultural and Veterinary Chemicals Code Regulations, which support the Agricultural and Veterinary Chemicals Code Act 1994. This Act was introduced to streamline and standardise the regulation of agricultural and veterinary chemicals across Australia, addressing the need for a unified national registration scheme. The amendments to the fees were made by the authority of the Minister for Primary Industries and Energy, with the primary objective of adjusting the charges for the assessment of applications for registration and the issuance of permits to reflect inflationary changes, ensuring that the costs associated with maintaining the regulatory framework remain aligned with economic conditions. This legislative amendment underscores the commitment to a consistent and effective regulatory environment for the agricultural and veterinary chemicals sector.
Scope and Application
The Agricultural and Veterinary Chemicals Code Regulations (Amendment) 1996 No. 216 applies to all entities and individuals involved in the registration and use of agricultural and veterinary chemicals in Australia. These regulations are made under the authority of the Minister for Primary Industries and Energy and are intended to support the provisions of the Agricultural and Veterinary Chemicals Code Act 1994. The Act and its supporting regulations govern the national registration scheme for agricultural and veterinary chemicals, which ensures that such chemicals are safe for use and are of high quality. The amendments made by these regulations specifically address the fees associated with the assessment of applications for the registration of formulated agricultural and veterinary chemical products, excluding the assessment of active constituents alone, as well as fees for the issuance of permits. The increased fees, adjusted by 3.1%, aim to reflect anticipated inflationary changes. These regulations have a national reach, applying across all states and territories within Australia, and do not include any explicit exclusions, exemptions, or thresholds beyond those already defined in the original Act. The application of these regulations can be further defined or extended through subordinate instruments as necessary.
Key Provisions
The main operative sections of the Agricultural and Veterinary Chemicals Code Regulations (Amendment) 1996 No. 216 pertain to the amendment of fees associated with the assessment of applications for the registration of formulated agricultural and veterinary chemical products, excluding active constituents assessed in isolation (section 1). This amendment, as stated in section 2 of the regulations, also affects the fees for issuing permits, which are granted in scenarios where a reduced level of assessment rigor is deemed appropriate, such as for trial purposes or emergency use (section 3). These changes, as outlined in section 4, involve a uniform increase of 3.1% to the existing fees, intended to reflect anticipated inflation.
Under these regulations, the National Registration Authority for Agricultural and Veterinary Chemicals (NRA) is required to adjust its fee structure in line with the specified amendments (section 5). The NRA must ensure that all applications for the registration of formulated agricultural and veterinary chemical products and permit issuance are subject to the updated fee schedule (section 6). Additionally, these regulations impose an obligation on the NRA to communicate these fee changes to all relevant stakeholders in a timely and transparent manner (section 7).
Failure to comply with the fee amendments stipulated in these regulations may result in non-compliance with the Agricultural and Veterinary Chemicals Code Act 1994 (section 8). While the regulations do not explicitly outline specific offences, penalties, or civil/criminal consequences for non-compliance, any breaches of the Act or its regulations could potentially lead to enforcement actions, fines, or other legal repercussions as prescribed under the Act (section 9). The maximum penalties for such breaches are determined by the provisions of the Agricultural and Veterinary Chemicals Code Act 1994, which could include substantial fines or other legal sanctions for serious or repeated violations (section 10).