EXPLANATORY STATEMENT

 

Select Legislative Instrument 2010 No. 75

 

Issued by Authority of the Minister for Agriculture, Fisheries and Forestry

 

Agricultural and Veterinary Chemicals Code Act 1994

 

Agricultural and Veterinary Chemicals Code Amendment Regulations 2010 (No. 1)

 

Subsection 6(1) of the Agricultural and Veterinary Chemicals Code Act 1994 (the Act) provides, in part, that the Governor-General may make regulations prescribing matters required or permitted by the Agricultural and Veterinary Chemicals Code (the Code) to be prescribed by regulations within the meaning of the Code.

 

The purpose of the Regulations was to make a number of amendments to the Agricultural and Veterinary Chemicals Code Regulations 1995 (the Principal Regulations) relating to a new single national framework to improve the efficiency and effectiveness of the regulation of agricultural and veterinary chemicals.

 

The Regulations implement recommendations from the Product Safety and Integrity Committee (PSIC), which includes high level representatives from Australian and state/territory government primary industry or agriculture departments, the Commonwealth Scientific and Industrial Research Organisation and the Australian Pesticides and Veterinary Medicines Authority. PSIC made these recommendations after consulting with a broad group of stakeholders through a workshop process. Industry consultation also occurred more generally through the Council of Australian Governments’ Senior Officials Working Group on Chemicals and Plastics. The Department of Agriculture, Fisheries and Forestry has consulted with the Office of Best Practice Regulation on these Regulations who advised that a Regulation Impact Statement was not required.

 

The Regulations also restructured certain existing provisions in the Principal Regulations for the purposes of clarity and consistency.

 

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.

 

Details on the amended Regulations are included in the Attachment.

 

ATTACHMENT

 

Details of the Agricultural and Veterinary Chemicals Code Amendment Regulations 2010 (No. 1)

 

Regulation 1 – Name of Regulations

 

This regulation provides that the title of the Regulations is the Agricultural and Veterinary Chemicals Code Amendment Regulations 2010 (No. 1).

 

Regulation 2 – Commencement

 

This regulation provided for the Regulations to commence on the day after they were registered on the Federal Register of Legislative Instruments.

 

Regulation 3 – Amendment of Agricultural and Veterinary Chemicals Code Regulations 1995

 

This regulation provided that the Agricultural and Veterinary Chemicals Code Regulations 1995 (the Principal Regulations) were amended as set out in Schedule 1.

 

Schedule 1 – Amendments

 

Item [1] – Regulation 3, definitions of direct-fed microbial product, medicated block or lick, medicated premix, medicated stockfood and stockfood non-active constituent

 

Item [1] removed the definitions of direct-fed microbial product, medicated block or lick, medicated premix, medicated stockfood and stockfood non-active constituent from regulation 3 of the Principal Regulations. These definitions have been relocated to parts of Schedule 3 so that the definitions are now included with the list of products, substances or mixtures declared to be or not to be agricultural or veterinary chemical products.

 

Item [2] – Regulations 7 and 8, definitions of agricultural chemical products and veterinary chemical products respectively

 

Item [2] relocated the agricultural chemical products declared in paragraphs 7(1)(a) to (c) of the Principal Regulations to Schedule 3 Part 2. It also relocated the veterinary chemical products declared in paragraphs 8(1)(a) to (f) of the Principal Regulations to Schedule 3AA Part 2. These changes have ensured consistency so that products declared to be or not to be agricultural or veterinary chemicals are located in one place (Schedule 3).

 

Item [3] – Subregulation 72A(3), insertion of note on Schedule 3AA

 

Item [3] has inserted a note referencing Schedule 3AA in subregulation 72A(3) of the Principal Regulations to ensure the definition of a veterinary chemical product extends to the added Schedule 3AA where a veterinary chemical product is also defined.

 

 

Item [4] – Substitution of Schedule 3

 

Item [4] has replaced the existing Schedule 3 to the Principal Regulations with a new Schedule. This change has defined agricultural chemical products, providing for the substances/mixtures declared to be or not to be agricultural chemical products to be located in one schedule. This change has provided clarity and consistency when referencing products and will improve the efficiency with which future amendments are made.

 

Item [5] – Insertion of Schedule 3AA

 

Item [5] has inserted a new Schedule 3AA after Schedule 3 to the Principal Regulations, defining veterinary chemical products. Similar in structure to the change made in item [4], this change has defined veterinary chemical products, providing for the substances/mixtures declared to be or not to be veterinary chemical products to be located in one schedule. This has provided clarity and consistency when referencing products and will improve the efficiency with which future amendments are made.