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.
Overview
The Agricultural and Veterinary Chemicals Code (Repeal of Instrument No. 3 of 2008) Instrument 2014 was enacted to repeal the Agricultural and Veterinary Chemicals Code Instrument No.3 (Assessment Periods for Applications where Additional Information is Submitted Voluntarily) 2008. This repeal was necessary following the amendments to the Agricultural and Veterinary Chemicals Code Act 1994 and the Agricultural and Veterinary Chemical Regulations 1995 by the Agricultural and Veterinary Chemicals Legislation Amendment Act 2013. The purpose of this legislative instrument is to ensure that the regulatory framework governing agricultural and veterinary chemicals remains streamlined and up-to-date, eliminating any redundant provisions that no longer serve a functional purpose in the regulatory process. The repeal aligns the regulatory instruments with the updated legislative provisions, thereby enhancing the efficiency and clarity of the regulatory scheme.
Scope and Application
The Agricultural and Veterinary Chemicals Code (Repeal of Instrument No. 3 of 2008) Instrument 2014 is a legislative instrument that repeals the Agricultural and Veterinary Chemicals Code Instrument No.3 (Assessment Periods for Applications where Additional Information is Submitted Voluntarily) 2008, which is now redundant following amendments to the Agvet Code. The Agricultural and Veterinary Chemicals Code Act 1994 establishes a regulatory scheme for agricultural and veterinary chemicals, which is overseen by the Australian Pesticides and Veterinary Medicines Authority (APVMA). The repealed instrument dealt with additional information voluntarily submitted to the APVMA, but section 8C of the Agvet Code now exclusively sets out the information that the APVMA may consider when determining an application, rendering the repealed instrument obsolete. The repeal took effect from the commencement of Schedule 1 – 6 of the Agricultural and Veterinary Chemicals Legislation Amendment Act 2013. The repeal does not impact any specific persons, entities, industries, conduct, or transactions beyond the scope of the repealed instrument itself, which was limited to the assessment periods for applications where additional information was submitted voluntarily. The repeal applies across the Commonwealth of Australia and does not include any specific exclusions, exemptions, or thresholds. The scope of the Act is further extended or restricted through subordinate instruments as necessary.
Key Provisions
The Agricultural and Veterinary Chemicals Code (Repeal of Instrument No. 3 of 2008) Instrument 2014 repeals the Agricultural and Veterinary Chemicals Code Instrument No. 3 (Assessment Periods for Applications where Additional Information is Submitted Voluntarily) 2008. This repeal is due to the amendments made by the Agricultural and Veterinary Chemicals Legislation Amendment Act 2013, which adjusted the Agricultural and Veterinary Chemicals Code to explicitly define the information that the Australian Pesticides and Veterinary Medicines Authority (APVMA) may consider in determining an application. Specifically, Section 8C of the Agvet Code now sets out the information permissible for the APVMA's consideration, eliminating the need for the Additional Information Instrument.
This legislative change places a clear obligation on the APVMA to disregard any information not in or accompanying an application, not required under sections 157 and 159 of the Agvet Code, nor under section 160A, and not submitted in response to an APVMA invitation. The Act, alongside the amended Agricultural and Veterinary Chemical Regulations 1995, now governs the timeframes within which the APVMA must process and decide on applications.
Under the repealed Additional Information Instrument, there were no specific offences or penalties for breaches. However, non-compliance with the current Agvet Code provisions could result in various civil and criminal consequences. For example, providing false or misleading information in an application could lead to penalties under section 43 of the Act, which includes fines of up to $22,200 for individuals and $111,000 for corporations, as well as potential criminal charges for serious offences. Furthermore, the improper use of agricultural and veterinary chemicals can result in enforcement actions by the APVMA, including recalls and prosecutions, which could lead to further penalties.
In summary, the repeal of the Additional Information Instrument aligns with the updated regulatory framework, ensuring that the APVMA's decision-making process is based on clearly defined and legally compliant information. This change streamlines the application process, ensuring consistency and fairness in the assessment of agricultural and veterinary chemicals in Australia.