Agricultural and Veterinary Chemicals Code Regulations (Amendment) 1996 No. 83
EXPLANATORY STATEMENT
STATUTORY RULES 1996 No. 83
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 make two minor changes to certain of the fees charged by the National Registration Authority for Agricultural and Veterinary Chemicals (NRA) for the annual reregistration of products. These are
(a) to treat more than one sheep branding fluid (from a single marketer) as one product, with a concessional annual charge of $100, and
(b) to treat products (from a single marketer) which vary only in respect of dyes and /or fragrances as one product.
Both these changes are being made so as to make the fee payable by marketers smaller and hence fairer, ie commensurate with the work actually done by the NRA.
Details of the regulations are as set out below.
Regulation 1 provides that the Agricultural and Veterinary Chemicals Code Regulations are amended by the Agricultural and Veterinary Chemicals Code Regulations (Amendment). The regulations will commence on gazettal.
Regulation 2 provides that an expression used in the Agricultural and Veterinary Chemicals Code Regulations (Amendment) has the same meaning as in the Agricultural and Veterinary Chemicals Code. (The Code is a schedule to the Act).
Regulation 3 withdraws subregulations 4, 4A, 4B and 5 of regulation 70. However, as these four subregulations are still required, they are all reproduced as part of regulation 4 below.
Regulation 4 provides for the first time that, for annual product reregistration,
(a) more than one sheep branding fluid (from a single marketer) shall be treated as one product, with a concessional annual charge of $100, and
(b) products (from a single marketer) which vary only in respect of dyes or fragrances shall be treated as one product.
Overview
The Agricultural and Veterinary Chemicals Code Regulations (Amendment) 1996 No. 83 was enacted to amend the Agricultural and Veterinary Chemicals Code Regulations, which support the Agricultural and Veterinary Chemicals Code Act 1994. The objective of the amendments is to modify certain fees for the annual reregistration of products to ensure they are fairer and more commensurate with the workload of the National Registration Authority for Agricultural and Veterinary Chemicals. Specifically, the changes aim to reduce fees by treating multiple sheep branding fluids from a single marketer as one product with a reduced fee of $100, and by treating products that differ only in dyes or fragrances as a single product. These amendments were made under the authority of the Minister for Primary Industries and Energy and are designed to simplify the reregistration process and make it more equitable for marketers.
Scope and Application
The Agricultural and Veterinary Chemicals Code Regulations (Amendment) 1996 No. 83 amends the fees associated with the annual reregistration of agricultural and veterinary chemicals, aiming to make the fee structure more equitable and reflective of the workload undertaken by the National Registration Authority for Agricultural and Veterinary Chemicals (NRA). These amendments apply to all entities marketing sheep branding fluids and products that vary only in respect of dyes or fragrances within Australia. By consolidating the fee for multiple sheep branding fluids from a single marketer into one concessional annual charge of $100 and treating products that vary only in dyes or fragrances as a single product, the regulations seek to alleviate the financial burden on marketers while maintaining the integrity of the registration process. The changes are intended to be implemented upon the gazettal of the regulations, ensuring a timely adjustment to the current fee structure.
Key Provisions
The Agricultural and Veterinary Chemicals Code Regulations (Amendment) 1996 No. 83 introduces two key changes to the fees charged for the annual reregistration of products by the National Registration Authority for Agricultural and Veterinary Chemicals (NRA). Regulation 4 of the Amendment specifies that multiple sheep branding fluids from a single marketer will be treated as one product, with a concessional annual charge of $100. Additionally, products that differ only in dyes or fragrances from the same marketer will also be treated as one product. These amendments are aimed at ensuring the fees are fairer and more proportionate to the actual work undertaken by the NRA.
The obligations under these regulations primarily concern marketers of agricultural and veterinary chemicals. They are required to ensure that their products comply with the new fee structures as outlined in Regulation 4. This includes correctly categorising their products when applying for annual reregistration, and consequently, submitting the appropriate fees. The changes aim to streamline the reregistration process, making it more efficient for both the NRA and the marketers.
Failure to comply with these new provisions could result in various consequences. While the explanatory statement does not explicitly outline specific penalties, it is reasonable to infer that non-compliance could lead to administrative penalties under the Agricultural and Veterinary Chemicals Code Act 1994. These penalties could include fines or other civil actions taken by the NRA to enforce compliance. The precise penalties would be determined based on the nature and severity of the breach, but the overarching goal is to ensure that all parties adhere to the updated fee structures to maintain fairness and efficiency in the reregistration process.