Commonwealth Numbered Regulations - Explanatory Statements

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AGRICULTURAL AND VETERINARY CHEMICALS CODE AMENDMENT REGULATIONS 2004 (NO. 1) 2004 NO. 224

Subsection 6(1) of the Agricultural and Veterinary Chemicals Code Act 1994 (the Act) provides that the Governor-General may make regulations prescribing matters required or permitted by the Code to be prescribed by regulations within the meaning of the Code or necessary or convenient to be prescribed by such regulations for carrying out or giving effect to the Code.

Subsection 5(1) of the Act provides that the Agricultural and Veterinary Chemicals Code set out in the Schedule to the Act may be referred to as the "Agvet Code" of the participating Territories. Section 3 of the Act defines "the Code" as the Agvet Code of the participating Territories. The Agvet Code is enacted under a Commonwealth Act that applies in the Australian Capital Territory (subsection 7(1) of the Agricultural and Veterinary Chemicals Act 1994). The Agvet Code operates nationally because the State and Northern Territory Governments have each passed complementary legislation to apply the Agvet Code in each of the States and the Northern Territory.

The Agricultural and Veterinary Chemicals Amendment (Name Change) Act 2004, 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" to be known as the "Australian Pesticides and Veterinary Medicines Authority" (the APVMA). A new section 170A has also been inserted into the Agvet Code to provide for the protection of the symbol of the APVMA. These provisions commenced on 24 June 2004.

New subsection 170A(1) of the Agvet Code prevents a person from using the protected symbol of the APVMA. Subsection 170A(5) of the Agvet Code provides that the protected symbol of the APVMA is the logo set out in the regulations.

The purpose of the Regulations is to set out the logo of the APVMA for the purposes of subsection 170A(5) of the Agvet Code.

Details of the Regulations are in the Attachment.

The Regulations commence on the date of their notification in the Gazette.

Authority:        Subsection 6(1) of the Agricultural and Veterinary Chemicals Code Act 1994

Attachment

DETAILS OF THE AGRICULTURAL AND VETERINARY CHEMICALS CODE AMENDMENT REGULATIONS 2004 (No. 1)

Regulation 1

Regulation 1 provides for the name of the Regulations to be the Agricultural and Veterinary Chemicals Code Amendment Regulations 2004 (No. 1).

Regulation 2

Regulation 2 provides for the Regulations to commence on the date of their notification in the Gazette.

Regulation 3

Regulation 3 provides that Schedule 1 amends the Agricultural and Veterinary Chemicals Code Regulations 1995 (the Principal Regulations).

SCHEDULE 1 - Amendments

Item [1] After regulation 78

Subsection 170A(1) of the Agvet Code prevents a person from using the protected symbol of the APVMA. Subsection 170A(5) of the Agvet Code provides that the protected symbol of the APVMA is the logo set out in the regulations. Regulation 79 provides that for the purposes of the definition of protected symbol in subsection 170A(5) of the Act, the logo of the APVMA is set out in Schedule 8 to the Principal Regulations.

Item [2] After Schedule 7

A new Schedule 8 to the Principal Regulations is inserted setting out the logo of the APVMA.