Agricultural and Veterinary Chemicals Code Repeal Order 2011

Overview

The Agricultural and Veterinary Chemicals Code Repeal Order 2011 was enacted to address the redundancy of the Agricultural and Veterinary Chemicals Code Order 1999. The Order was issued under the authority of the Parliamentary Secretary for Agriculture, Fisheries and Forestry, and it repeals the 1999 Order as the Agricultural and Veterinary Chemicals Code Regulations 1995 have been amended to incorporate new labelling standards for chemicals. The policy objective of this repeal is to streamline regulations and ensure that the most current and relevant standards are in place for the regulation of agricultural and veterinary chemicals. The Australian Pesticides and Veterinary Medicines Authority was consulted, confirming that the Principal Order is no longer necessary, and the Office of Best Practice Regulation advised that no regulatory impact analysis was required for this change.

Scope and Application

The Agricultural and Veterinary Chemicals Code Repeal Order 2011 applies to the repeal of the Agricultural and Veterinary Chemicals Code Order 1999, which was established under the Agricultural and Veterinary Chemicals Code Act 1994. This legislation governs the regulation of agricultural and veterinary chemicals, including pesticides and veterinary medicines, across Australia. The repealed order specifically dealt with the requirements for labelling containers for pool or spa hypochlorites, aligning these with the forms last published by the Australian Pesticides and Veterinary Medicines Authority (APVMA). The repeal reflects changes in the Agricultural and Veterinary Chemicals Code Regulations 1995, where new labelling standards have been introduced through a labelling standard made for Regulation 18A, making the Principal Order redundant. The scope of this legislative change applies to entities and persons involved in the production, distribution, and use of agricultural and veterinary chemicals, ensuring compliance with the updated regulatory framework. The repeal has a national reach, affecting all jurisdictions within Australia.

Key Provisions

The main sections of the Agricultural and Veterinary Chemicals Code Repeal Order 2011 (the Order) are straightforward. Section 1 names the Order as the Agricultural and Veterinary Chemicals Code Repeal Order 2011. Section 2 stipulates that the Order will commence on the day after its registration. The most significant section is Section 3, which repeals the Agricultural and Veterinary Chemicals Code Order 1999 (the Principal Order). This repeal is based on the provision in Section 7(1) of the Agricultural and Veterinary Chemicals Code Act 1994, which allows the Minister for Agriculture, Fisheries and Forestry to make orders related to the Agricultural and Veterinary Chemicals Code Regulations 1995. The repeal of the Principal Order, which previously mandated specific labelling for containers of pool or spa hypochlorites, is now unnecessary as these requirements are incorporated into a labelling standard under Regulation 18A. The Order imposes certain obligations and requirements on the entities it governs. Primarily, it removes the need for compliance with the Principal Order's specific labelling requirements for pool or spa hypochlorites. Instead, these entities must now comply with the labelling standards set out in Regulation 18A. This shift ensures that the presentation and display of labels, along with the information they contain, are governed by the updated regulatory framework. The Australian Pesticides and Veterinary Medicines Authority (APVMA) has confirmed that the Principal Order is no longer necessary, aligning with the updated regulatory requirements. In terms of potential consequences, the Order itself does not explicitly outline offences, penalties, or civil or criminal consequences for non-compliance. However, non-compliance with the Agricultural and Veterinary Chemicals Code Regulations 1995 or the new labelling standards could lead to enforcement actions. These actions may include fines, legal proceedings, or other regulatory sanctions under the Agricultural and Veterinary Chemicals Code Act 1994. The maximum penalties for breaches of the Act can vary depending on the specific offence and the circumstances, but they may include substantial financial penalties and, in severe cases, criminal charges. It is essential for entities governed by this legislation to ensure they adhere to the updated labelling standards to avoid any potential repercussions.