Agricultural and Veterinary Chemicals Regulations 1994 No. 216
EXPLANATORY STATEMENT
STATUTORY RULES 1994 No. 216
Issued by the authority of the Minister for Primary Industries and Energy
AGRICULTURAL AND VETERINARY CHEMICALS ACT 1988
Agricultural and Veterinary Chemicals Regulations
Section 49 of the Agricultural and Veterinary Chemicals Act 1988 provides that the Governor-General may make regulations for the purpose of the Act.
Approval of the amendments to the Regulations will permit the National Registration Authority for Agricultural and Veterinary Chemicals to charge, in most cases, lower application fees than are those that are currently being charged. The commencement of the Agricultural and Veterinary Chemical Products (Collection of Interim Levy) Act 1994 will provide for the recovery of the major portion of cost of the National Registration Scheme through a levy on the sale of chemical products. To maintain the current fees schedule would recover more than 100% of costs.
The levy is to commence operation on 1 July 1994, the same day as the new fee schedule will commence.
Other amendments replace reference to the Australian Agricultural and Veterinary Chemicals Council with the National Registration Authority for Agricultural and Veterinary Chemicals (NRA) which replaced it on 15 June 1993.
Regulation 1 provides for the Regulations to come into effect on the 1 July 1994 which is the same day that the Agricultural and Veterinary Chemical Products (Collection of Interim Levy) Act 1994 will commence.
Regulation 2 provides for the Agricultural and Veterinary Chemicals Regulations to be amended by these regulations.
Subregulation 3.1 provides for the replacement of the current fee of $20,000 for this category with a fee of $10,000.
Subregulation 3.2 provides for the replacement of the current fee of $1,000 for this category with a fee of $500.
Subregulation 3.3 provides for the replacement of the current fee of $250 for this category with a fee of $300.
Subregulation 3.4 provides for the replacement of the current fee of $1,000 for this category with a fee of $500.
Subregulation 3.5 provides for the replacement of the current fee of $12,000 for this category with a fee of $6,000.
Subregulation 3.6 provides for the replacement of the current fee of $1, 000 for this category with a fee of $500.
Subregulation 3.7 provides for the replacement of the current fee of $250 for this category with a fee of $300.
Subregulation 3.8 provides for the replacement of the previous "Council", meaning the Australian Agricultural and Veterinary Chemicals Council, with the NRA.
Subregulation 3.9 provides for the replacement of the current fee of $11,500 for this category with a fee of $7,500.
Subregulation 3.10 provides for the replacement of the current fee of $7,500 for this category with a fee of $4,500.
Subregulation 3.11 provides for the replacement of the previous "Council" with the NRA.
Subregulation 3.12 provides for the removal of this regulation.
Subregulation 3.13 provides for the replacement of the previous "Council" with the NRA.
Subregulation 4.1 provides for the replacement of the current fee of $25 for this category with a fee of $100.
Subregulation 5.1 provides for the replacement of the previous "Council" with the NRA in the heading.
Overview
The Agricultural and Veterinary Chemicals Regulations 1994, enacted under Section 49 of the Agricultural and Veterinary Chemicals Act 1988, were introduced by the Australian Parliament to establish a regulatory framework for the approval, registration, and control of agricultural and veterinary chemicals. The primary objective of these regulations is to ensure that such chemicals are safe and effective for their intended purposes while also facilitating a more streamlined and cost-effective process for the National Registration Authority for Agricultural and Veterinary Chemicals (NRA) to manage these substances. By amending the fees structure and replacing references to the Australian Agricultural and Veterinary Chemicals Council with the NRA, the regulations aim to align with the new governance model and the commencement of the Agricultural and Veterinary Chemical Products (Collection of Interim Levy) Act 1994, which allows for the recovery of costs through a levy on the sale of chemical products. This regulatory shift was designed to ensure that the fees charged recover only the necessary costs, avoiding over-recovery as previously observed.
Scope and Application
The Agricultural and Veterinary Chemicals Regulations 1994 apply to any person or entity involved in the import, supply, or use of agricultural and veterinary chemicals in Australia. These regulations are applicable nationally, as they are established under the Commonwealth to ensure uniformity across all states and territories. The Regulations set out the fees for various categories of chemical registrations and amendments, as well as the transfer of responsibilities from the Australian Agricultural and Veterinary Chemicals Council to the National Registration Authority for Agricultural and Veterinary Chemicals (NRA). Notably, these Regulations include a new fee structure that lowers most application fees to align with the costs of the National Registration Scheme. The Regulations also reflect the shift in administrative authority from the former Council to the NRA, which became effective on 15 June 1993. The changes are designed to streamline the regulatory process and ensure the efficient management of chemical products within the agricultural sector.
Key Provisions
The Agricultural and Veterinary Chemicals Regulations 1994 (the Regulations) amend the Agricultural and Veterinary Chemicals Regulations 1990, primarily by reducing application fees for various categories of chemicals and replacing references to the Australian Agricultural and Veterinary Chemicals Council with the National Registration Authority for Agricultural and Veterinary Chemicals (NRA) (Reg. 2). Regulation 3 outlines several changes to fees, including reducing the fee for a new application for registration of a chemical product from $20,000 to $10,000 (Reg. 3.1), and decreasing the fee for a new application for registration of a chemical product that is a biocide from $1,000 to $500 (Reg. 3.2). Other fees are similarly reduced, such as the fee for a new application for registration of a chemical product that is a veterinary chemical from $12,000 to $6,000 (Reg. 3.5), and from $7,500 to $4,500 for a chemical product that is a seed treatment chemical (Reg. 3.10). Additionally, references to the former Australian Agricultural and Veterinary Chemicals Council are replaced with the NRA (Reg. 3.8, 3.11, 3.13).
The Regulations impose several obligations on entities governed by the Agricultural and Veterinary Chemicals Act 1988. Firstly, entities must comply with the new fee structure, which involves submitting reduced application fees for the registration of various chemical products (Reg. 3). Secondly, entities must ensure that all references to the Australian Agricultural and Veterinary Chemicals Council are updated to reflect the NRA, as specified in the Regulations (Reg. 3.8, 3.11, 3.13). Thirdly, entities must be aware of the new levy on the sale of chemical products as outlined in the Agricultural and Veterinary Chemical Products (Collection of Interim Levy) Act 1994, which commences on the same day as the Regulations (Reg. 1).
Failure to comply with the provisions of the Agricultural and Veterinary Chemicals Regulations 1994 may result in civil or criminal penalties. Specifically, entities that do not adhere to the new fee structure or update references to the NRA may face fines or other penalties as prescribed by the Agricultural and Veterinary Chemicals Act 1988. The maximum penalties for contravening the Act can include substantial fines and, in some cases, imprisonment. Additionally, entities that fail to comply with the levy provisions may also face financial penalties or other enforcement actions as outlined in the Agricultural and Veterinary Chemical Products (Collection of Interim Levy) Act 1994. It is essential for entities governed by these Acts to understand and comply with the amended Regulations to avoid potential legal repercussions.