Commonwealth Consolidated Acts

AGRICULTURAL AND VETERINARY CHEMICALS CODE ACT 1994 - SECT 7

  (1)   Subject to subsection   (2), if:

  (a)   provision may be made by the regulations for or in relation to a matter; and

  (b)   the regulations declare that this section applies to that matter;

the Minister may, by legislative instrument, make orders with respect to that matter that are consistent with the regulations.

  (2)   An order must not be made prescribing a penalty.

  (3)   Despite subsection   44(1) of the Legislation Act 2003 , section   42 (disallowance) of that Act applies to a legislative instrument made under subsection   (1) of this section.

  (6)   In considering whether to make an order under subsection   (1), the Minister must have regard to:

  (a)   the effect that the order would have for the purposes of the Agvet Code of each jurisdiction other than the participating Territories because of a law of that jurisdiction that corresponds to the Agricultural and Veterinary Chemicals Act 1994 ; and

  (b)   the fact that section   42 of the Legislation Act 2003 would apply in relation to the order because of subsection   (3) of this section.

  (7)   Subject to subsection   (8), in an order, unless the contrary intention appears, an expression has the same meaning as it has in the Agvet Code of the participating Territories.

  (8)   In a provision of an order 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.

  (9)   An order is 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 an order 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.