Commonwealth Numbered Regulations - Explanatory Statements

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AGRICULTURAL AND VETERINARY CHEMICALS (ADMINISTRATION) AMENDMENT REGULATIONS 2010 (NO. 3) (SLI NO 307 OF 2010)

EXPLANATORY STATEMENT

 

Select Legislative Instrument 2010 No. 307

 

Issued by Authority of the Parliamentary Secretary for Agriculture, Fisheries and Forestry

 

 

Agricultural and Veterinary Chemicals (Administration) Act 1992

 

Agricultural and Veterinary Chemicals (Administration) Amendment Regulations 2010 (No. 3)

 

 

 

Section 73 of the Agricultural and Veterinary Chemicals (Administration) Act 1992 (the Act) provides that the Governor-General may make regulations prescribing all 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.

 

The purpose of the Regulations is to amend the Agricultural and Veterinary Chemicals (Administration) Regulations 1995 to update the framework for controls on the exportation of chemicals in order to reflect changes to the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (the Rotterdam Convention).

 

The Regulations further update controls relating to specified active constituents, or chemical products containing these active constituents, to enable Australia to meet its obligations as a Party to the Rotterdam Convention.

 

Companies wishing to export controlled chemicals need to apply for permission from the Australian Government Department of Agriculture, Fisheries and Forestry. No importation controls are necessary under the Rotterdam Convention as importation of these chemicals is already regulated under the National Registration Scheme for Agricultural and Veterinary Chemicals.

 

Agricultural and Veterinary Chemicals (Administration) Amendment Regulations 2010
(No. 1)
commenced on 1 June 2010 and amended Schedule 1 to the Principal Regulations to add certain tributyltin compounds, which are considered to have adverse effects on human health and the environment, at items 71 to 78. The Regulations further amend Schedule 1 at item 71 to more accurately present the name and structure of the tributyltin compounds.

 

Subsection 69C (2) of the Act provides that a regulation prescribing conditions or restrictions on the import, manufacture, use or export of certain chemical products under international agreements must not be made unless:

 

(a) a relevant agency has published in the Gazette, and in any other manner that it thinks appropriate, a notice:

(i) identifying the agreement or arrangement; and

(ii) listing the name or names by which the constituent or product is known to the public; and

(b) a period of 30 days has elapsed since the notice was published.

 

On 17 August 2010, a notice identifying the amendments to the listing of chemicals that are subject to the Rotterdam Convention was published in the Commonwealth of Australia Gazette No. APVMA 16.

 

A 27 October 2009 hearing of the Joint Standing Committee on Treaties supported the amendments to the list of chemicals controlled by the Rotterdam Convention and agreed that binding action may be taken.

 

The Act specifies no other conditions that need to be met before the power to make the Regulations may be exercised.

 

The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.

 

The Regulations commenced on the day after they were registered.

 

1011206B-101116Z

 

 

 


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