EXPLANATORY STATEMENT
Agricultural and Veterinary Chemicals Code (Repeal of Instrument No. 3 of 2008) 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 (Repeal of Instrument No. 3 of 2008) Instrument 2014 is to repeal the Agricultural and Veterinary Chemicals Code Instrument No.3 (Assessment Periods for Applications where Additional Information is Submitted Voluntarily) 2008 (Additional Information Instrument).
Following commencement of the Amending Act (and associated amendments to the Agricultural and Veterinary Chemical Regulations 1995) the Additional Information Instrument dealing with additional information voluntarily submitted to the Australian Pesticides and Veterinary Medicines Authority (the APVMA) is no longer required. This is because section 8C of the Agvet Code now exclusively sets out the information that the APVMA may take into account in determining an application. The APVMA is prohibited from taking into account any information given to it by or on behalf of the applicant that is not information in or accompanying an application, information required to be given to the APVMA under sections 157 and 159 of the Agvet Code or by section 160A and any submission made in response to an invitation from the APVMA. The Regulations set out timeframes within which the APVMA must consider an application.
The repeal has effect from the commencement of Schedule 1 – 6 of the Agricultural and Veterinary Chemicals Legislation Amendment Act 2013.
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: 17109).
Public consultation
No public consultation has been undertaken as the Additional Information Instrument is redundant following amendments to the Agvet Code.
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 (Repeal of Instrument No. 3 of 2008) 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 repeal the Agricultural and Veterinary Chemicals Code Instrument No.3 (Assessment Periods for Applications where Additional Information is Submitted Voluntarily) 2008.
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.