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AGRICULTURAL AND VETERINARY CHEMICALS CODE ACT 1994 - SECT 6

Regulations

  (1)   The Governor - General may make regulations prescribing matters:

  (a)   required or permitted by the Code to be prescribed by regulations within the meaning of the Code; or

  (b)   necessary or convenient to be prescribed by such regulations for carrying out or giving effect to the Code.

  (2)   In particular, the regulations may include provision for the purposes of the Code for or in relation to:

  (a)   the development and approval of standards for:

  (i)   constituents for chemical products; and

  (ii)   chemical products; and

  (iii)   labels for containers for chemical products; or

  (b)   prescribing and regulating all matters and things with respect to inspection and investigation and with respect to samples, including the method of taking samples, the quantity or weight of samples, the labelling of samples, the delivery of samples to the APVMA and the analysis of samples; or

  (c)   authorising any matter or thing to be from time to time determined, applied or regulated by a particular person; or

  (d)   the records to be made and kept and the persons by whom they are to be made and kept; or

  (e)   requiring records so kept to be produced at stated times to the APVMA; or

  (f)   the particulars to be included in labels for containers for chemical products, the way to write those particulars on those labels and the way to attach those labels to containers; or

  (g)   the size and type of labels to be attached to containers for chemical products; or

  (h)   the giving of notices by or to the APVMA; or

  (i)   prescribing penalties of not more than 50 penalty units for offences against the regulations; or

  (j)   declaring provisions of the regulations to be civil penalty provisions.

  (3)   The regulations may:

  (a)   adopt wholly or partly, and specifically or by reference, and with any modifications, any of the standards, rules, codes, specifications or methods of any association, body or institution whether as in force at the time of adoption or as changed from time to time; and

  (b)   provide for the approval of the APVMA to be the standard that applies in respect of a particular matter or thing; and

  (c)   exempt particular substances or chemical products from the operation of any provision of the Code, either unconditionally or subject to conditions; and

  (d)   exempt persons identified in the regulations from the operation of any provision of the Code, either unconditionally or subject to conditions.

  (4)   Except as otherwise expressly provided in this Act or the Code, the regulations may be of general or specially limited application or may differ according to differences in time, locality, place or circumstance.

  (5)   Subject to subsection   (6), in the regulations, unless the contrary intention appears, an expression has the same meaning as it has in the Agvet Code of the participating Territories.

  (6)   In a provision of the regulations that has effect for the purposes of a particular provision of the Agvet Code of the participating Territories, unless the contrary intention appears, an expression has the same meaning as it has in that provision of that Code.

  (7)   The regulations are to be interpreted subject to the Agvet Code of the participating Territories and it is intended that if, apart from this subsection, a provision of the regulations would have been interpreted as being inconsistent with that Code, the provision is nevertheless to be valid in so far as it is not so inconsistent.

  (8)   An expression has, in this section, the meaning it would have if this section were included in the Code.


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