Agricultural and Veterinary Chemicals Code Regulations (Amendment)

Overview

The Agricultural and Veterinary Chemicals Code Regulations (Amendment) 1995 No. 187, issued by the authority of the Minister for Primary Industries and Energy, amends the Agricultural and Veterinary Chemicals Code Regulations under the Agricultural and Veterinary Chemicals Code Act 1994. This legislative amendment aims to address a specific problem by introducing a new insecticide product, "Dursban Pre-Construction Termiticide," as a 'restricted chemical product'. The policy objective behind this amendment is to enhance occupational health by ensuring that such restricted products can only be supplied to authorised persons who are duly qualified and equipped to handle them with the requisite care. These authorised persons are designated by the government of a state or territory and must meet stringent criteria to prevent misuse and mitigate health risks associated with the handling of these chemicals.

Scope and Application

The Agricultural and Veterinary Chemicals Code Regulations (Amendment) 1995 No. 187 applies to the regulation and control of restricted chemical products under the Agricultural and Veterinary Chemicals Code Act 1994. Specifically, the amendment introduces "Dursban Pre-Construction Termiticide" as a restricted chemical product, which can only be supplied to authorised persons, defined as individuals authorised by the government of a state or territory. These authorised persons are required to have the necessary skills, equipment, and exercise due care in their activities involving these chemicals. The amendment is driven by considerations of occupational health and safety, ensuring that only appropriately skilled and equipped individuals can handle and supply the chemical. The jurisdictional reach of the Act is national, with each state and territory government responsible for authorising individuals to handle restricted chemicals. The amendment extends the scope of the existing regulations by adding a new chemical product to the list of restricted substances, thereby imposing additional controls on its supply and use. The regulations would commence on the date of their gazettal.

Key Provisions

The main operative sections of the Agricultural and Veterinary Chemicals Code Regulations (Amendment) 1995 No. 187 pertain to the addition of a new insecticide product, "Dursban Pre-Construction Termiticide", to the list of restricted agricultural and veterinary chemical products. Regulation 1 enables the amendment of the existing regulations, while Regulation 2 specifically mandates the inclusion of "Dursban Pre-Construction Termiticide" in the schedule of restricted products (regs 1, 2). These regulations are designed to ensure that the new product is subject to the stringent controls already in place for other restricted chemicals under the Agricultural and Veterinary Chemicals Code Act 1994. The Act imposes specific obligations and requirements on the parties involved in the supply and use of restricted chemical products. Firstly, only authorised persons, who must be authorised by the government of a state or territory, are permitted to supply restricted chemicals. These authorised persons must demonstrate appropriate skills and possess the necessary equipment to handle such chemicals safely. Furthermore, they are mandated to exercise due care in their activities to mitigate any potential risks to occupational health and safety. The stringent criteria for authorisation and the emphasis on due care are intended to ensure that restricted chemicals are handled responsibly and safely. Failure to comply with the provisions of the Act and the regulations can result in significant legal consequences. The Act establishes both civil and criminal penalties for breaches. Civil penalties may include fines and other financial penalties, while criminal penalties can involve imprisonment. The exact penalties depend on the nature and severity of the breach, but the potential consequences underscore the importance of adhering to the regulatory framework. The legislative intent is to enforce strict compliance to protect public health and safety, particularly in the context of occupational health and safety.