Agricultural and Veterinary Chemicals (Western Australia) Act 1995
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Reprinted under the Reprints Act 1984 as |
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Western Australia
Agricultural and Veterinary Chemicals (Western Australia) Act 1995
Contents
Part 1 — Preliminary
1.Short title3
2.Commencement3
3.Terms used3
4.Jervis Bay Territory6
Part 2 — The Agvet Code, and the Agvet Regulations, of this jurisdiction
5.Application of Agvet Code in this jurisdiction7
6.Application of Agvet Regulations in this jurisdiction7
7.Interpretation of Agvet Code and Agvet Regulations of this jurisdiction7
8.Ancillary offences (parties to offences, attempts, incitement or conspiracy)8
Part 3 — Citing the Agvet Codes, and the Agvet Regulations, of other jurisdictions
9.References to Agvet Codes and Agvet Regulations of other jurisdictions10
10.References to Agvet Codes and Agvet Regulations10
Part 4 — Application of Agvet Codes to the Crown
11.Agvet Code of this jurisdiction binds the Crown12
12.Agvet Code of other jurisdictions12
13.Crown not liable to prosecution12
14.This Part overrides the prerogative12
Part 5 — Application of Commonwealth administrative laws to the Agvet Code and Agvet Regulations of this jurisdiction
15.Object13
16.Application of Commonwealth administrative laws in relation to applicable provisions13
17.Duties, functions and powers conferred on Commonwealth officers and authorities14
18.Reference in Commonwealth administrative law to a provision of another law14
18A.Construction of references to Part IVA of Commonwealth AAT Act14
Part 7 — The National Registration Authority for Agricultural and Veterinary Chemicals
21.Conferral of functions and powers on APVMA16
22.Agreements and arrangements16
23.Conferral of other functions and powers for purposes of law in this jurisdiction17
23A.Consultation with Gene Technology Regulator17
24.Commonwealth Minister may give directions in exceptional circumstances18
Part 8 — Miscellaneous
25.Orders19
26.Manufacturing principles19
27.Delegation19
28.Conferral of powers on State officers19
28A.Inspectors and analysts20
28B.Validation of actions of inspectors and analysts20
29.Application of fees etc.21
30.Documents or substances held by previous registering authority may be given to APVMA21
31.Exemptions from liability for damages21
32.Regulations24
33.Eligible laws24
33A.Transitional provision — Agricultural and Veterinary Chemicals (Western Australia) Amendment Act 200124
34.Review of Act24
Part 9 — Imposition of fees
35.Fees25
Part 9A — Conferral of functions on Commonwealth Director of Public Prosecutions
35A.Conferral of functions on Commonwealth Director of Public Prosecutions26
Part 10 — Relationship with other State laws
36.Relationship with other State laws28
Notes
Compilation table30
Defined terms
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Reprinted under the Reprints Act 1984 as |
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at 9 September 2011 |
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Western Australia
Agricultural and Veterinary Chemicals (
An Act to apply certain laws of the Commonwealth relating to agricultural and veterinary chemical products as laws of
Reasons for enacting this Act
1.The protection of the health and safety of human beings, animals and the environment is essential to the well‑being of society and can be enhanced by putting in place a system to regulate agricultural chemical products and veterinary chemical products.
2.The principle of ecologically sustainable development requires a regulatory system that is designed to ensure that the use of such products today will not impair the prospects of future generations.
3.The furthering of trade and commerce between Australia and places outside Australia, and the present and future economic viability and competitiveness of primary industry and of a domestic industry for manufacturing and formulating such products, are essential for the well‑being of the economy and require a system for regulating such products that is cost effective, efficient, predictable, adaptive and responsive.
4.It is desirable to establish a regulatory system that is open and accountable and gives opportunity for public input with respect to the regulation of such products.
5.The system should, so far as practicable, be uniform throughout
6.Uniformity could best be achieved by the enactment of legislation by the Parliament of the Commonwealth as a law for the government of the
This Act may be cited as the Agricultural and Veterinary Chemicals (
This Act comes into operation on such day as is fixed by proclamation 1.
In this Act, unless the contrary intention appears —
Agricultural and Veterinary Chemicals Act means the Agricultural and Veterinary Chemicals Act 1994 of the Commonwealth;
Agricultural and Veterinary Chemicals (Administration) Act means the Agricultural and Veterinary Chemicals (Administration) Act 1992 of the Commonwealth;
Agricultural and Veterinary Chemicals Code Act means the Agricultural and Veterinary Chemicals Code Act 1994 of the Commonwealth;
Agvet Code of Western Australia means the provisions applying because of section 5;
Agvet Regulations of Western Australia means the provisions applying because of section 6;
applicable provision, in relation to a jurisdiction, means a provision of —
(a)the Agvet Code of that jurisdiction; or
(b)the Agvet Regulations of that jurisdiction; or
(c)a law of the Commonwealth that applies in that jurisdiction in relation to a provision of or offence against the Agvet Code or Agvet Regulations of that jurisdiction;
APVMA means the Australian Pesticides and Veterinary Medicines Authority continued in existence by the Agricultural and Veterinary Chemicals (Administration) Act section 6;
authority, in relation to the Commonwealth, has the meaning given in the Agricultural and Veterinary Chemicals Act;
Commonwealth administrative laws means —
(a)the following Acts —
(i)the Administrative Appeals Tribunal Act 1975 of the Commonwealth;
[(ii)deleted]
(iii)the Freedom of Information Act 1982 of the Commonwealth;
(iv)the Ombudsman Act 1976 of the Commonwealth;
(v)the Privacy Act 1988 of the Commonwealth;
and
(b)the regulations in force under those Acts;
Commonwealth Minister means “the Minister” within the meaning of the Agvet Code of the participating Territories;
confer includes impose;
corresponding Act means an Act of another jurisdiction that corresponds to this Act;
corresponding law means —
(a)a corresponding Act; or
(b)regulations made under a corresponding Act; or
(c)the Agvet Code, Agvet Regulations, or another applicable provision, of another jurisdiction; or
(d)rules of court made under a corresponding Act;
function includes a duty;
instrument means any document whatever, including —
(a)an Act or an instrument made under an Act; or
(b)a law of this jurisdiction or an instrument made under such a law; or
(c)an award or other industrial determination or order, or an industrial agreement; or
(d)any other order (whether executive, judicial or otherwise); or
(e)a notice, certificate or licence; or
(f)an agreement; or
(g)an application made, information or complaint laid, affidavit sworn, or warrant issued, for any purpose; or
(h)an indictment, prosecution notice, presentment, summons or writ; or
(i)any other pleading in, or process issued in connection with, a legal or other proceeding;
jurisdiction means a State or the participating Territories;
law, in relation to a participating Territory, means a law of, or in force in, that Territory;
officer, in relation to the Commonwealth, has the meaning given in the Agricultural and Veterinary Chemicals Act;
participating Territory means —
(a)the
(b)another Territory that is declared by regulations in force under section 25 of the Agricultural and Veterinary Chemicals Act to be a participating Territory;
State includes the Northern Territory of Australia;
Territory means a Territory referred to in section 122 of the Constitution of the Commonwealth, other than the Northern Territory of Australia, Norfolk Island, the
this jurisdiction means
[Section 3 amended: No. 21 of 2001 s. 4; No. 84 of 2004 s. 80; No. 8 of 2009 s. 19(2) and (3).]
For the purposes of this Act, and the Agvet Code and the Agvet Regulations of this jurisdiction, the
Part 2 — The Agvet Code, and the Agvet Regulations, of this jurisdiction
5.Application of Agvet Code in this jurisdiction
The Code set out in the Schedule to the Agricultural and Veterinary Chemicals Code Act as in force for the time being —
(a)applies as a law of
(b)as so applying, may be cited as the Agvet Code of
6.Application of Agvet Regulations in this jurisdiction
The regulations in force for the time being under section 6 of the Agricultural and Veterinary Chemicals Code Act —
(a)apply as regulations in force for the purposes of the Agvet Code of
(b)as so applying, may be referred to as the Agvet Regulations of Western Australia.
7.Interpretation of Agvet Code and Agvet Regulations of this jurisdiction
(1)In the Agvet Code, and the Agvet Regulations, of this jurisdiction —
Minister for this jurisdiction means the Minister;
this jurisdiction means
(2)Subject to Part 1 of the Agvet Code of this jurisdiction, the Acts Interpretation Act 1901 of the Commonwealth as in force for the time being applies as a law of this jurisdiction to —
(a)the Agvet Code, and the Agvet Regulations, of this jurisdiction; and
(b)any instrument made, granted or issued under that Code or those regulations.
(3)For the purposes of subsection (2), the Commonwealth Act mentioned in that subsection applies as if —
(a)the Agvet Code of this jurisdiction were a Commonwealth Act; and
(b)the Agvet Regulations of this jurisdiction or instruments mentioned in that subsection were regulations or instruments made under a Commonwealth Act.
(4)The Interpretation Act 1984 does not apply to —
(a)the Agvet Code, or the Agvet Regulations, of
(b)any instrument made, granted or issued under that Code or those Regulations.
8.Ancillary offences (parties to offences, attempts, incitement or conspiracy)
(1)In this section, ancillary criminal laws means section 4, Chapters II, LVII and LVIII and section 562 of The Criminal Code.
(2)Without limiting sections 5(a) and 6(a), the ancillary criminal laws apply in relation to an offence against the Agvet Code, or the Agvet Regulations, of this jurisdiction, and —
(a)section 555A of The Criminal Code so applies as if the words “under this Code” in subsections (1) and (2) were deleted; and
(b)section 562 of The Criminal Code so applies as if the following subsection were inserted after subsection (2) —
“
(3)Any person who becomes an accessory after the fact to a simple offence is guilty of a simple offence and is liable to the penalty to which a person convicted of the first‑mentioned offence is liable.
”.
(3)In the Agvet Code, or the Agvet Regulations, of this jurisdiction, a reference to an offence against that Code or those regulations includes a reference to a related offence under the ancillary criminal laws.
Part 3 — Citing the Agvet Codes, and the Agvet Regulations, of other jurisdictions
9.References to Agvet Codes and Agvet Regulations of other jurisdictions
(1)This section has effect for the purposes of an Act, a law of this jurisdiction or an instrument made under an Act or such a law.
(2)If a law of a jurisdiction other than this jurisdiction provides that the Code set out in the Schedule to the Agricultural and Veterinary Chemicals Code Act as in force for the time being applies as a law of that jurisdiction, the Agvet Code of that jurisdiction is the Agvet Code so set out, applying as a law of that jurisdiction.
(3)If a law of a jurisdiction other than this jurisdiction provides that the regulations in force for the time being under section 6 of the Agricultural and Veterinary Chemicals Code Act apply as regulations in force for the purposes of the Agvet Code of that jurisdiction, the Agvet Regulations of that jurisdiction are those regulations as so applying.
10.References to Agvet Codes and Agvet Regulations
(1)The object of this section is to help ensure that the Agvet Code of this jurisdiction can operate, in appropriate circumstances, as if that Code, together with the Agvet Code of each other jurisdiction, constituted a single national Agvet Code applying throughout
(2)Subject to this section, a reference in an instrument to the Agvet Codes, or to the Agvet Regulations, is taken, for the purposes of the laws of this jurisdiction —
(a)to be a reference to the Agvet Code, or to the Agvet Regulations, of this jurisdiction; and
(b)to include a separate reference to the Agvet Code, or to the Agvet Regulations, of each other jurisdiction.
(3)Subsection (2) has effect except so far as the contrary intention appears in the instrument or the context of the reference otherwise requires.
Part 4 — Application of Agvet Codes to the Crown
11.Agvet Code of this jurisdiction binds the Crown
The Agvet Code of this jurisdiction binds the Crown.
12.Agvet Code of other jurisdictions
The Agvet Code of each jurisdiction other than this jurisdiction binds the Crown in right of this jurisdiction.
13.Crown not liable to prosecution
Nothing in this Part, or in the Agvet Code of this jurisdiction, renders the Crown in any capacity liable to be prosecuted for an offence.
14.This Part overrides the prerogative
If, because of this Part, a provision of the law of another jurisdiction binds the Crown in right of this jurisdiction, the Crown in that right is subject to that provision despite any prerogative right or privilege.
Part 5 — Application of Commonwealth administrative laws to the Agvet Code and Agvet Regulations of this jurisdiction
[Heading inserted: No. 21 of 2001 s. 5.]
The object of this Part is to help ensure that the Agvet Code of this jurisdiction and the Agvet Code of each other jurisdiction are administered on a uniform basis.
[Section 15 inserted: No. 21 of 2001 s. 5.]
16.Application of Commonwealth administrative laws in relation to applicable provisions
(1)The Commonwealth administrative laws apply as laws of this jurisdiction to any matter arising in relation to the applicable provisions of this jurisdiction as if those provisions were laws of the Commonwealth and were not laws of this jurisdiction.
(2)The provisions of the Agvet Code of this jurisdiction that require the APVMA to give brief particulars of reasons for decisions do not affect the obligations of the APVMA under section 28 of the Administrative Appeals Tribunal Act 1975 of the Commonwealth as that section applies as a law of this jurisdiction under subsection (1).
(3)The provisions of the Agvet Code of this jurisdiction that relate to the disclosure of confidential commercial information do not affect the operation of the Freedom of Information Act 1982 of the Commonwealth as that Act applies as a law of this jurisdiction under subsection (1).
(4)For the purposes of a law of this jurisdiction, a matter arising in relation to the applicable provisions of this jurisdiction —
(a)is taken to be a matter arising in relation to laws of the Commonwealth in the same way as if those provisions were laws of the Commonwealth; and
(b)is taken not to be a matter arising in relation to laws of this jurisdiction.
(5)Subsection (4) has effect for the purposes of a law of this jurisdiction except as prescribed by regulations under section 32.
[Section 16 inserted: No. 21 of 2001 s. 5; amended: No. 8 of 2009 s. 19(4).]
17.Duties, functions and powers conferred on Commonwealth officers and authorities
(1)A Commonwealth administrative law applying because of section 16 that confers on a Commonwealth officer or authority a function or power also confers on the officer or authority the same function or power in relation to a matter arising in relation to an applicable provision of this jurisdiction.
(2)In performing a function or exercising a power conferred by subsection (1), the Commonwealth officer or authority must act as nearly as practicable as the officer or authority would act in performing or exercising the same function or power under the Commonwealth administrative law.
[Section 17 inserted: No. 21 of 2001 s. 5.]
18.Reference in Commonwealth administrative law to a provision of another law
For the purposes of section 16, a reference in a Commonwealth administrative law to a provision of that or another Commonwealth administrative law is taken to be a reference to that provision as applying because of that section.
[Section 18 inserted: No. 21 of 2001 s. 5.]
18A.Construction of references to Part IVA of Commonwealth AAT Act
For the purposes of section 16, a reference in a provision of the Administrative Appeals Tribunal Act 1975 of the Commonwealth (as that provision applies as a law of this jurisdiction) to the whole or any part of Part IVA of that Act is taken to be a reference to the whole or any part of that Part as it has effect as a law of the Commonwealth.
[Section 18A inserted: No. 21 of 2001 s. 5.]
[Part 6 (s. 19-20) deleted: No. 21 of 2001 s. 6.]
Part 7 — The National Registration Authority for Agricultural and Veterinary Chemicals
21.Conferral of functions and powers on APVMA
(1)The APVMA has the functions and powers conferred or expressed to be conferred on it under this Act or the Agvet Code of this jurisdiction.
(2)In addition to the powers mentioned in subsection (1), the APVMA has power to do all things necessary or convenient to be done in connection with the performance of the functions referred to in subsection (1) and, in particular may —
(a)enter into contracts; and
(b)acquire, hold and dispose of real and personal property; and
(c)occupy, use and control any land or building owned or held under lease by the Commonwealth, a State or a Territory and made available for the purposes of the APVMA; and
(d)appoint agents and attorneys, and act as agent for other persons; and
(e)do anything incidental to any of its powers.
[Section 21 amended: No. 8 of 2009 s. 19(4).]
22.Agreements and arrangements
(1)The Minister, or a person authorised in writing by the Minister, may enter into an agreement or arrangement with the Commonwealth Minister for the performance of functions or the exercise of powers by the APVMA as an agent of the State.
(2)The APVMA has the functions and powers mentioned in the agreement or arrangement.
[Section 22 amended: No. 8 of 2009 s. 19(4).]
23.Conferral of other functions and powers for purposes of law in this jurisdiction
The APVMA has power to do acts in this jurisdiction in the performance or exercise of any function or power —
(a)expressed to be conferred on it by a law of a jurisdiction (other than this jurisdiction) that corresponds to this Act or the Agvet Code of this jurisdiction; or
(b)referred to in an agreement or arrangement made under a provision of an Act of a jurisdiction other than this jurisdiction corresponding to section 22.
[Section 23 amended: No. 8 of 2009 s. 19(4).]
23A.Consultation with Gene Technology Regulator
(1)A duty imposed or a function or power conferred on the APVMA under section 8A of the Agricultural and Veterinary Chemicals (Administration) Act in respect of any matter arising in relation to the Code set out in the Schedule to the Agricultural and Veterinary Chemicals Code Act extends to any corresponding matter arising in relation to the applicable provisions of this jurisdiction, and this section applies accordingly.
(2)If the APVMA gives the Regulator within the meaning of the Gene Technology Act 2006 a notice under section 8A(3) of the Agricultural and Veterinary Chemicals (Administration) Act (as that section applies by force of subsection (1) of this section), the Regulator may give written advice to the APVMA about the application, reconsideration or issue.
(3)The advice is to be given within the period specified in the notice.
(4)A reference in the Agvet Code of this jurisdiction to a provision of section 8A of the Agricultural and Veterinary Chemicals (Administration) Act has effect as if it were a reference in that provision as applying by force of subsection (1) of this section.
[Section 23A inserted: No. 20 of 2006 s. 195.]
24.Commonwealth Minister may give directions in exceptional circumstances
The power of the Commonwealth Minister to give directions to the APVMA under section 10 of the Agricultural and Veterinary Chemicals (Administration) Act extends to giving directions in relation to functions and powers of the APVMA conferred under the applicable provisions of this jurisdiction, and the section applies accordingly.
[Section 24 amended: No. 8 of 2009 s. 19(4).]
Orders in force for the time being under section 7 of the Agricultural and Veterinary Chemicals Code Act have the same effect for the purposes of the Agvet Code of this jurisdiction as they would have if they were provisions of the Agvet Regulations of this jurisdiction.
Subject to the Agvet Code, and the Agvet Regulations, of this jurisdiction, the manufacturing principles in force for the time being under section 23 of the Agricultural and Veterinary Chemicals Act also have effect for the purposes of Part 8 of that Code.
The power of delegation of the Commonwealth Minister under section 71 of the Agricultural and Veterinary Chemicals (Administration) Act extends to the powers that are expressed to be conferred on the Commonwealth Minister under this Act or the Agvet Code of this jurisdiction, and the section applies accordingly.
28.Conferral of powers on State officers
(1)If an officer of a Department, administrative unit or authority is authorised, under section 69F of the Agricultural and Veterinary Chemicals (Administration) Act, by the Chief Executive Officer of the APVMA to exercise the powers or perform the functions of an inspector for the purposes of a particular relevant law, those powers and functions are conferred on that officer.
(2)Powers and functions conferred as referred to in subsection (1) are to be exercised or performed in accordance with the authorisation but are taken to have been validly exercised or performed despite any failure to comply with a condition or restriction of the authorisation.
(3)Words and expressions used in this section have the same meanings as they have in section 69F of the Agricultural and Veterinary Chemicals (Administration) Act.
[Section 28 amended: No. 8 of 2009 s. 19(4).]
(1)In this section —
officer means —
(a)an inspector appointed under section 69F(1) of the Agricultural and Veterinary Chemicals (Administration) Act; or
(b)an analyst approved under section 69G of the Agricultural and Veterinary Chemicals (Administration) Act.
(2)An officer has, in respect of a matter arising in relation to an applicable provision of this jurisdiction, the functions and powers conferred or expressed to be conferred on him or her under the applicable provisions of this jurisdiction.
[Section 28A inserted: No. 21 of 2001 s. 7.]
28B.Validation of actions of inspectors and analysts
(1)In this section —
officer has the same meaning as in section 28A;
relevant section means section 7 of the Agricultural and Veterinary Chemicals (
relevant time, in relation to a thing, means the time at which the thing was done or omitted to be done or purported to have been done or omitted to be done.
(2)Anything done or omitted to be done by an officer before the commencement of the relevant section that would have been validly done or omitted had the relevant section come into operation before the relevant time has, and is deemed always to have had, the same force and effect as it would have had if the relevant section had come into operation before the relevant time.
Note:
Part 2 of the Co‑operative Schemes (Administrative Actions) Act 2001 applies to administrative actions taken by an officer as affected by this section.
[Section 28B inserted: No. 21 of 2001 s. 7.]
All fees and other moneys (other than penalties and fines) that, under the applicable provisions of this jurisdiction, are authorised or directed to be payable by or imposed on any person must be paid to the Commonwealth.
30.Documents or substances held by previous registering authority may be given to APVMA
Despite anything in any other law of this jurisdiction, any authority of this jurisdiction that, immediately before the commencement of this Act, performed functions under a provision of the law of this jurisdiction that corresponded to a provision of the Agvet Code of this jurisdiction may give to the APVMA any documents or substances in its possession or custody that were received by it in the performance of those functions or that otherwise relate to the performance of those functions.
[Section 30 amended: No. 8 of 2009 s. 19(4).]
31.Exemptions from liability for damages
(1)No action, suit or other proceeding for damages lies against the State or a person who is or has been a co‑ordinator of this jurisdiction for any loss or injury directly or indirectly suffered as a result of —
(a)the handling of an approved active constituent for a proposed or existing chemical product; or
(b)the handling of a registered chemical product; or
(c)the handling of an active constituent for a proposed or existing chemical product, or of a chemical product, in respect of which a permit or exemption has been issued or given by the APVMA; or
(d)an inability to use, or to use in a particular manner, an active constituent for a proposed or existing chemical product —
(i)because an approval, permit or exemption permitting its use, or permitting its use in that manner, has been refused by the APVMA or such an approval, permit or exemption that was previously granted by the APVMA has been suspended or cancelled; or
(ii)because its use, or its use in that manner, is precluded by the conditions of an approval, permit or exemption;
or
(e)an inability to use, or to use in a particular manner, a chemical product —
(i)because a registration, permit or exemption permitting its use, or permitting its use in that manner, has been refused by the APVMA or such a registration, permit or exemption that was previously granted by the APVMA has been suspended or cancelled; or
(ii)because its use, or its use in that manner, is precluded by the conditions of a registration, permit or exemption;
or
(f)the carrying out of a step in the manufacture of a chemical product in respect of which a licence has been issued by the APVMA; or
(g)an inability to carry out, or to carry out in a particular manner or at particular premises, a step in the manufacture of a chemical product —
(i)because a licence to carry out that step, or to carry out that step in that manner or at those premises, has been refused by the APVMA or such a licence that was previously granted by the APVMA has been suspended or cancelled; or
(ii)because the carrying out of that step, or the carrying out of that step in that manner or at those premises, is precluded by the conditions of a licence.
(2)If an action, suit or other proceeding is brought against a person responsible for the importation, manufacture, supply or handling of —
(a)an approved active constituent for a proposed or existing chemical product; or
(b)a registered chemical product; or
(c)an active constituent for a proposed or existing chemical product, or a chemical product, in respect of which the APVMA has issued a permit or given an exemption; or
(d)a chemical product in respect of a step in the manufacture of which the APVMA has issued a licence,
in relation to any loss or injury directly or indirectly suffered because of the importation, manufacture, supply or handling of the constituent or product, it is not a defence to that action, suit or other proceeding that the APVMA has approved the constituent, registered the product, issued a permit or given an exemption in relation to the constituent or the product, or issued a licence in relation to a step in the manufacture of the product.
(3)Expressions used in this section have the same meanings as they have in the Agvet Code of this jurisdiction.
[Section 31 amended: No. 8 of 2009 s. 19(4).]
The Governor may make regulations prescribing all matters that are required or permitted by this Act to be prescribed, or are necessary or convenient to be prescribed, for giving effect to the purposes of this Act.
An enactment may be declared by regulations made under section 32 to be an eligible law of this jurisdiction for the purposes of the definition of permit in section 109 of the Agvet Code of this jurisdiction.
33A.Transitional provision — Agricultural and Veterinary Chemicals (
Part 5 of this Act, as inserted by section 5 of the Agricultural and Veterinary Chemicals (Western Australia) Amendment Act 2001, applies in relation to matters arising in relation to the applicable provisions of this jurisdiction, and decisions made or other things done or omitted to be done under the Commonwealth administrative laws in respect of such matters, before, on or after the commencement of that section.
[Section 33A inserted: No. 21 of 2001 s. 8.]
(1)The Minister is to carry out a review of the operation and effectiveness of this Act as soon as is practicable after the expiration of 5 years from its commencement.
(2)The Minister is to prepare a report based on the review made under subsection (1) and cause the report to be laid before each House of Parliament as soon as is practicable after it is prepared.
This section imposes the fees that the Agvet Regulations of this jurisdiction prescribe, except to the extent that they are taxes.
Part 9A — Conferral of functions on Commonwealth Director of Public Prosecutions
[Heading inserted: No. 21 of 2001 s. 9.]
35A.Conferral of functions on Commonwealth Director of Public Prosecutions
The Director of Public Prosecutions for the Commonwealth (the Commonwealth Director) may —
(a)institute prosecutions on indictment for indictable offences against the Agvet Code, or the Agvet Regulations, of this jurisdiction; and
(b)carry on prosecutions of the kind referred to in paragraph (a) (except prosecutions instituted by the Attorney General or the Director of Public Prosecutions of the State), whether or not instituted by the Commonwealth Director; and
(c)if the Attorney General or the Director of Public Prosecutions of the State requests the Commonwealth Director in writing to carry on a prosecution of the kind referred to in paragraph (a) that was instituted by the Attorney General or the Director of Public Prosecutions of the State — carry on the prosecution; and
(d)institute proceedings for the commitment of persons for trial in respect of indictable offences against the Agvet Code, or the Agvet Regulations, of this jurisdiction; and
(e)institute proceedings for the summary conviction of persons in respect of offences against the Agvet Code, or the Agvet Regulations, of this jurisdiction; and
(f)carry on proceedings of a kind referred to in paragraph (d) or (e) (whether or not instituted by the Commonwealth Director); and
(g)do anything incidental or conducive to the performance of any of the functions referred to in paragraphs (a) to (f).
[Section 35A inserted: No. 21 of 2001 s. 9.]
Part 10 — Relationship with other State laws
36.Relationship with other State laws
(1)In this section, Agvet Code means the Agvet Code of this jurisdiction and includes the Agvet Regulations of this jurisdiction.
[(2)deleted]
(3)Despite any other provision of this Act or the Agvet Code, regulations made under section 32 may provide —
(a)that a specified enactment has effect despite the Agvet Code, or a specified provision of the Agvet Code; or
(b)that the Agvet Code, or a specified provision of the Agvet Code, applies as a law of Western Australia with modifications prescribed by the regulations; or
(c)that a specified provision of the Agvet Code that would otherwise apply by virtue of Part 2 does not apply as a law of Western Australia.
(4)Subject to subsection (5), regulations under subsection (3)(b) or (c) may, if the regulations so provide, have retrospective effect from the day on which the relevant provision of the Agvet Code applied (or would otherwise have applied) as a law of Western Australia.
(5)To the extent that regulations take effect under subsection (4) from a date that is earlier than the date of their publication in the Gazette, the regulations do not operate so as —
(a)to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of publication; or
(b)to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of publication.
[Section 36 amended: No. 4 of 2000 s. 3.]
[Part 11 omitted under the Reprints Act 1984 s. 7(4)(e).]
1This reprint is a compilation as at 9 September 2011 of the Agricultural and Veterinary Chemicals (
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Short title |
Number and year |
Assent |
Commencement |
|
Agricultural and Veterinary Chemicals ( |
3 of 1995 |
17 May 1995 |
s. 1 and 2: 17 May 1995; |
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Agricultural and Veterinary Chemicals ( |
4 of 2000 |
10 Apr 2000 |
10 Apr 2000 (see s. 2) |
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Agricultural and Veterinary Chemicals ( |
21 of 2001 |
26 Nov 2001 |
Act other than s. 4(b), 5, 7 and 8: 26 Nov 2001 (see s. 2(1)); |
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Reprint of the Agricultural and Veterinary Chemicals ( |
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Criminal Procedure and Appeals (Consequential and Other Provisions) Act 2004 s. 80 |
84 of 2004 |
16 Dec 2004 |
2 May 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7129 (correction in Gazette 7 Jan 2005 p. 53)) |
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Gene Technology Act 2006 Pt. 13 |
20 of 2006 |
9 Jun 2006 |
28 Jul 2007 (see s. 2 and Gazette 27 Jul 2007 p. 3735) |
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Statutes (Repeals and Miscellaneous Amendments) Act 2009 s. 19 |
8 of 2009 |
21 May 2009 |
22 May 2009 (see s. 2(b)) |
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Reprint 2: The Agricultural and Veterinary Chemicals ( |
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2The Acts Amendment (Federal Courts and Tribunals) Act 2001 s. 37 had not come into operation when it was deleted by the Statutes (Repeals and Miscellaneous Amendments) Act 2009 s. 16.
[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]
Defined termProvision(s)
Agricultural and Veterinary Chemicals (Administration) Act3
Agricultural and Veterinary Chemicals Act3
Agricultural and Veterinary Chemicals Code Act3
Agvet Code36(1)
Agvet Code of Western Australia3
Agvet Regulations of Western Australia3
ancillary criminal laws8(1)
applicable provision3
APVMA3
authority3
Commonwealth administrative laws3
Commonwealth Director35A
Commonwealth Minister3
confer3
corresponding Act3
corresponding law3
function3
instrument3
jurisdiction3
law3
Minister for this jurisdiction7(1)
officer3, 28A(1), 28B(1)
participating Territory3
relevant section28B(1)
relevant time28B(1)
State3
Territory3
this jurisdiction3, 7(1)