Commonwealth Numbered Regulations - Explanatory Statements

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AGRICULTURAL AND VETERINARY CHEMICAL PRODUCTS (COLLECTION OF INTERIM LEVY) REGULATIONS 1994 NO. 215

STATUTORY RULES 1994 No. 215

Issued by the authority of the Minister for Primary Industries and Energy

AGRICULTURAL AND VETERINARY CHEMICAL PRODUCTS (COLLECTION OF INTERIM LEVY) ACT 1994

Agricultural and Veterinary Chemical Products (Collection of Interim Levy) Regulations

Section 38 of the Agricultural and Veterinary Chemical Products (Collection of Interim Levy) Act 1994 provides that the Governor-General may make regulations for the purpose of the Act.

Approval of the Regulations will permit the National Registration Authority for Agricultural and Veterinary Chemicals to recover costs already being incurred prior to the formal commencement of the National Registration Scheme for Agricultural and Veterinary Chemicals. Formal commencement of the Scheme has been delayed as the States/Territories are yet to pass complementary adoptive legislation which establishes the jurisdictions under which the Scheme will operate.

The National Registration Authority began operations on 15 June 1993 and is now performing all the tasks associated with the registration of agricultural and veterinary chemical products, except for the issuing of registration certificates which, for the reasons given above, is still done by the States and Territories. The levy is to commence operation on 1 July 1994, the same day it was scheduled to commence on if the National Registration Scheme had formally commenced.

Regulation 1 provides for the citation of the Regulations.

Regulation 2 provides for the Regulations to come into effect on the same day as the Agricultural and Veterinary Chemical Products (Collection of Interim Levy Act 1994.

Regulation 3 provides for the interpretation of the word "Act" within the Regulations as meaning the Agricultural and Veterinary Chemical Products (Collection of Interim Levy) Act 1994.

Regulation 4 provides for the definition of the word "registered" for the purpose of the collection of the levy as meaning the definitions currently enacted in each State and Territory. The relevant State and Territory Acts are set out in Schedule 1 of the Regulations.

Regulation 5 provides for the rate of levy for products with a leviable value in excess of $100,000 to be set at 0.7 of one percent.

Regulation 6 provides the form of warrant to be used when a magistrate is satisfied that there are reasonable grounds on which to believe an offence against the Agricultural and Veterinary Chemical Products (Collection of Interim Levy) Act 1994 has been committed. This is set out in Schedule 2 of the Regulations.