Agricultural and Veterinary Chemicals Code Amendment Order 2004 (No. 2) 2004 No. 406
EXPLANATORY STATEMENT
Statutory Rules 2004 No. 406
Agricultural and Veterinary Chemicals Code Amendment Order 2004 (No. 2)
Issued by the Authority of the Parliamentary Secretary to the Minister for Agriculture Fisheries and Forestry
Subject Agricultural and Veterinary Chemicals Code Act 1994
Agricultural and Veterinary Chemicals Code Regulations 1995
Agricultural and Veterinary Chemicals Code Order 1999
Section 7 of the Agricultural and Veterinary Chemicals Code Act 1994 (the Act) provides that the Minister may make orders for the purposes of the Act.
The Agricultural and Veterinary Chemicals Amendment (Name Change) Act 2004 (the Name Change Act), which received Royal Assent on 23 June 2004, amends the Agricultural and Veterinary Chemicals (Administration) Act 1994 to provide for the former 'National Registration Authority for Agricultural and Veterinary Chemicals' (NRA) to be known as the 'Australian Pesticides and Veterinary Medicines Authority' (the APVMA).
The Amendment Order amends the Order consistent with the amendments contained in the Name Change Act. The Amendment Order omits the note in Order 3 which is not required. The Amendment Order amends Order 4 by omitting the reference to the 'NRA' and replacing it with a reference to the 'National Registration Authority for Agricultural and Veterinary Chemicals'. The Amendment Order also adds a note to Order 4 which explains that the National Registration Authority for Agricultural and Veterinary Chemicals is the former name of the APVMA.
Australian Tourist Commission (Allowances) Repeal Regulations 2004 2004 No. 393
EXPLANATORY STATEMENT
Statutory Rules 2004 No. 393
Issued by the Authority of the Minister for Small Business and Tourism
Tourism Australia (Repeal and Transitional Provisions) Act 2004
Australian Tourist Commission Repeal Regulations 2004
Australian Tourist Commission (Allowances) Repeal Regulations 2004
The operative provisions of the Tourism Australia Act 2004, and the Tourism Australia (Repeal and Transitional Provisions) Act 2004 (the Act) commenced on 1 July 2004. Tourism Australia, a statutory body subject to the Commonwealth Authorities and Companies Act 1997, commenced operations on the same day.
Tourism Australia is an amalgamation of the Australian Tourist Commission, See Australia Ltd, Bureau of Tourism Research and the Tourism Forecasting Council, and is responsible for international and domestic tourism marketing, events and tourism research.
The Act provides, under section 5, for the repeal of the Australian Tourist Commission Act 1987 (the ATC Act). The repeal took effect on 1 July 2004.
The purpose of the Regulations is to repeal various regulations made under the ATC Act that are no longer enforceable as the principal Act has been repealed. It is also a matter of good management of the statute books to remove these non-effective regulations.
Section 51 of the ATC Act provided the regulation-making power for the Australian Tourist Commission (Allowances) Regulations, the Australian Tourist Commission Regulations 2000, and the Australian Tourist Commission Amendment Regulations 2002 (No.1). Under the Acts Interpretation Act 1901, the power to make regulations is construed as including the power to repeal them. Since the ATC Act was repealed with effect on 1 July 2004, the original power to repeal the regulations made under that Act no longer exists.
However, subsection 51(1) of the Act provides that the Governor-General may make regulations prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act. Further, subsection 51(2) provides that the regulations may be made dealing with other transitional matters arising out of the repeal of the ATC Act and the enactment of the Act and the Tourism Australia Act 2004. The repeal of regulations made under the ATC Act is such a transitional matter, therefore regulations to do so may be made under subsection 51(1) of the Act.
Two instruments are required to repeal the three regulations that were made under the ATC Act: the Australian Tourist Commission Repeal Regulations 2004 and the Australian Tourist Commission (Allowances) Repeal Regulations 2004.
The Regulations would commence on the date of their notification in the Gazette.
Overview
The Agricultural and Veterinary Chemicals Code Amendment Order 2004 (No. 2), enacted under the Agricultural and Veterinary Chemicals Code Act 1994, addresses the need to update references within the regulatory framework following the renaming of the National Registration Authority for Agricultural and Veterinary Chemicals to the Australian Pesticides and Veterinary Medicines Authority. This renaming was formalised through the Agricultural and Veterinary Chemicals Amendment (Name Change) Act 2004. The Amendment Order ensures consistency and clarity within the regulatory texts by replacing references to the former authority with the updated name, thereby reflecting the legislative changes accurately. The policy objective here is to maintain an up-to-date and coherent regulatory framework that aligns with the current organisational structure and nomenclature.
The Australian Tourist Commission (Allowances) Repeal Regulations 2004, issued under the Tourism Australia (Repeal and Transitional Provisions) Act 2004, serve the purpose of repealing regulations previously made under the Australian Tourist Commission Act 1987, which was itself repealed. This repeal is necessary to streamline the legislative framework following the establishment of Tourism Australia as a unified entity responsible for tourism marketing and research. The Regulations are a transitional measure designed to remove outdated and unenforceable regulations from the statute books, thereby facilitating a smoother transition to the new regulatory environment and ensuring that only relevant and current provisions remain in effect.
Scope and Application
The Agricultural and Veterinary Chemicals Code Amendment Order 2004 (No. 2) applies to entities and individuals involved in the registration and regulation of agricultural and veterinary chemicals in Australia. This includes the Australian Pesticides and Veterinary Medicines Authority (APVMA), which was previously known as the National Registration Authority for Agricultural and Veterinary Chemicals (NRA). The Amendment Order aligns the regulatory framework with the recent legislative change, which saw the NRA renamed to APVMA. This amendment ensures consistency and clarity within the regulatory regime by updating references and terminology in the relevant orders and regulations. The Amendment Order operates nationally, affecting all entities and individuals engaged in the registration and regulation of agricultural and veterinary chemicals across Australia. No specific exclusions or exemptions are noted within the Amendment Order, and it does not introduce new thresholds or substantive changes beyond those necessitated by the legislative name change.
The Australian Tourist Commission (Allowances) Repeal Regulations 2004 applies to the repeal of certain regulations made under the Australian Tourist Commission Act 1987, which has been repealed and replaced with the Tourism Australia Act 2004. The Regulations focus on the transitional management of statute books by repealing regulations that are no longer enforceable due to the repeal of the principal Act. This includes the Australian Tourist Commission (Allowances) Regulations, Australian Tourist Commission Regulations 2000, and Australian Tourist Commission Amendment Regulations 2002 (No.1). The Regulations ensure that the legal framework is updated to reflect the new statutory body, Tourism Australia, and its responsibilities for international and domestic tourism marketing, events, and research. The Regulations are designed to commence on the date of their notification in the Gazette, ensuring a smooth transition and effective management of the statute books.
Key Provisions
The Agricultural and Veterinary Chemicals Code Amendment Order 2004 (No. 2) (the Amendment Order) primarily modifies the Agricultural and Veterinary Chemicals Code Order 1999 (Order) to align with the changes introduced by the Agricultural and Veterinary Chemicals Amendment (Name Change) Act 2004. Under section 7 of the Agricultural and Veterinary Chemicals Code Act 1994, the Minister has the authority to make such orders for the purposes of the Act. The Amendment Order specifically addresses the renaming of the 'National Registration Authority for Agricultural and Veterinary Chemicals' (NRA) to the 'Australian Pesticides and Veterinary Medicines Authority' (APVMA). In Order 3, the Amendment Order omits a note that is no longer necessary. In Order 4, it replaces references to the 'NRA' with 'National Registration Authority for Agricultural and Veterinary Chemicals' and adds a note clarifying that this is the former name of the APVMA.
The Amendment Order imposes several obligations on the entities governed by the Agricultural and Veterinary Chemicals Code Act 1994. Firstly, it requires that any references to the NRA in existing regulations, orders, or documents be updated to reflect the new name, APVMA. This includes ensuring that all legal instruments and official communications use the correct and updated nomenclature. Additionally, any documentation, signage, or branding must be amended to incorporate the new name, thereby maintaining consistency and clarity in the administration of agricultural and veterinary chemicals.
Should any party or entity fail to comply with the requirements set out in the Amendment Order, they could be subject to legal consequences. While the specific penalties for non-compliance are not detailed within the explanatory statement, under the Agricultural and Veterinary Chemicals Code Act 1994, breaches of the Act or its regulations could result in fines or other penalties as determined by the courts. The maximum penalties for offences under the Act can include substantial fines and, in some cases, imprisonment, depending on the severity and nature of the breach.
In summary, the Amendment Order necessitates updates to reflect the name change from NRA to APVMA within relevant regulations and documents, ensuring that all legal and administrative references are consistent with the new authority name. Failure to comply with these requirements could result in legal penalties, including fines or imprisonment, as stipulated by the Agricultural and Veterinary Chemicals Code Act 1994.