Agricultural and Veterinary Chemicals Regulations (Amendment) 1992 No.
172
EXPLANATORY STATEMENT
STATUTORY RULES 1992 No. 172
Issued by the Authority of the Minister for Primary Industries and Energy
Agricultural and Veterinary Chemicals Act 1988
Agricultural and Veterinary Chemicals Regulations (Amendment)
Section 49 of the Agricultural and Veterinary Chemicals Act 1988 (the Act) provides that the Governor-General may make regulations for the purpose of the Act.
The Australian Agricultural Council agreed in August 1991 to the establishment of a national system for registering agricultural and veterinary chemicals by July 1992.
Since August 1991, planning has been under way to implement national registration through the introduction to Parliament of a National Registration Scheme Bill during the 1992 Autumn sittings. However, in view of Parliament's heavy legislative program for the Autumn sittings, the Government has reluctantly deferred introduction of the Bill until the 1992 Budget sittings.
Approval of the proposed Regulations will facilitate additional categories of products coming to the Commonwealth for evaluation and thereby substantially achieve the micro-economic reform of one national evaluation scheme replacing State/Territory evaluation. The actual registration of agricultural and veterinary chemicals will continue to be performed by each State/Territory, as appropriate, until proclamation of the National Registration legislation.
The Australian Agricultural and Veterinary Chemicals Council has agreed to the regulations being amended.
Details of the proposed Regulations are as follows:
Regulation 1 provides for the proposed Regulations to commence on 1 July 1992.
Regulation 2 provides for amendment to the Agricultural and Veterinary Chemicals Regulations.
Regulation 3 omits subregulation 3(1) concerning certain substances declared not to be an agricultural chemical product.
Regulation 4 omits subregulation 4(1) concerning certain substances declared not to be a veterinary chemical product.
Regulation 5 omits Schedule 1 which lists kinds of substances that are not agricultural chemical products.
Regulation 6 omits Schedule 2 which lists kinds of substances that are not veterinary chemical products.
Overview
The Agricultural and Veterinary Chemicals Regulations (Amendment) 1992 No. 172, issued under the authority of the Minister for Primary Industries and Energy, was enacted to amend the Agricultural and Veterinary Chemicals Regulations 1990. This amendment is a response to the need for a more cohesive national approach to the evaluation and registration of agricultural and veterinary chemicals. The Australian Agricultural Council's agreement in August 1991 to establish a national system for registering these chemicals by July 1992 underscores the legislative intent to streamline and unify the regulatory framework across states and territories. The proposed regulations seek to facilitate the transition to a national evaluation scheme, replacing the previous system of state-based evaluations, thereby achieving significant micro-economic reform and ensuring a consistent approach to the regulation of chemicals within Australia. The Australian Agricultural and Veterinary Chemicals Council's approval of these amendments highlights the collaborative effort towards a more efficient and effective regulatory environment.
Scope and Application
The Agricultural and Veterinary Chemicals Regulations (Amendment) 1992 No. 172 applies to the management and regulation of agricultural and veterinary chemicals within Australia. The Act applies to persons and entities involved in the production, distribution, and use of these chemicals, encompassing various industries that rely on such products for agricultural and veterinary purposes. Geographically, the regulations extend across the Commonwealth, aligning with the national registration system established to replace individual state and territory evaluation schemes. The aim of these amendments is to streamline the evaluation process, allowing for a more unified approach to the regulation of agricultural and veterinary chemicals. The regulations came into effect on 1 July 1992, with specific changes including the omission of certain subregulations and schedules that previously defined what substances were not considered agricultural or veterinary chemical products. These amendments are designed to facilitate the transition to the national registration system while maintaining the existing regulatory framework for chemical registration at the state and territory level until the new national legislation is fully implemented.
Key Provisions
The Agricultural and Veterinary Chemicals Regulations (Amendment) 1992 No. 172 primarily amends the Agricultural and Veterinary Chemicals Regulations to facilitate the implementation of a national registration scheme for agricultural and veterinary chemicals. Regulation 1 specifies that these amendments commence on 1 July 1992. Regulation 2 amends the existing regulations, while Regulations 3, 4, 5, and 6 omit specific provisions that previously declared certain substances not to be agricultural or veterinary chemical products, thereby broadening the scope of substances subject to regulation.
Under these regulations, the obligations and requirements imposed on parties and entities primarily revolve around the registration and evaluation of agricultural and veterinary chemicals. The amendments aim to standardise the process of evaluating and registering these chemicals at a national level, thereby ensuring a cohesive approach across all states and territories. The actual registration process, however, remains the responsibility of individual states and territories until the national registration legislation is enacted.
Failure to comply with the provisions of these regulations could result in significant legal consequences. Although the explanatory statement does not detail specific offences, penalties, or civil and criminal consequences, it is reasonable to infer that breaches of these regulations could lead to actions under the Agricultural and Veterinary Chemicals Act 1992. Given the nature of the chemicals involved, violations could potentially result in substantial fines or other penalties, reflecting the serious implications of improper handling and registration of such substances. The exact penalties would be determined in accordance with the overarching legislation, the Agricultural and Veterinary Chemicals Act 1988, which likely includes provisions for both civil and criminal sanctions.