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This is a Bill, not an Act. For current law, see the Acts databases.


AGRICULTURAL AND VETERINARY CHEMICALS (WESTERN AUSTRALIA) AMENDMENT BILL 2001

                     Western Australia



  Agricultural and Veterinary Chemicals
 (Western Australia) Amendment Bill 2001



                       CONTENTS




1.   Short title                           1
2.   Commencement                          2
3.   The Act amended                       2
4.   Section 3 amended                     2
5.   Part 5 replaced                       3
6.   Part 6 repealed                       5
7.   Sections 28A and 28B inserted         5
8.   Section 33A inserted                  7
9.   Part 9A inserted                      7




                                         page i
                          14--2
                           Western Australia


                      LEGISLATIVE COUNCIL

              (As amended during consideration in detail)


      Agricultural and Veterinary Chemicals
     (Western Australia) Amendment Bill 2001


                               A Bill for


An Act to amend the Agricultural and Veterinary Chemicals (Western
Australia) Act 1995 with respect to the functions and powers of
certain Commonwealth authorities and officers of the
Commonwealth, and for other purposes.



The Parliament of Western Australia enacts as follows:


1.      Short title
        This Act may be cited as the Agricultural and Veterinary
        Chemicals (Western Australia) Amendment Act 2001.




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     Agricultural and Veterinary Chemicals (Western Australia) Amendment
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     s. 2



     2.         Commencement
          (1)   Subject to subsection (2) this Act comes into operation on the
                day on which it receives the Royal Assent.
          (2)   Sections 4(b), 5, 7 and 8 come into operation immediately
                before section 4(1) of the Co-operative Schemes (Administrative
                Actions) Act 2001 comes into operation.

     3.         The Act amended
                The amendments in this Act are to the Agricultural and
                Veterinary Chemicals (Western Australia) Act 1995*
                [* Act No. 3 of 1995.
5                  For subsequent amendments see 2000 Index to Legislation of
                   Western Australia, Table 1, p. 9.]

     4.         Section 3 amended
                Section 3 is amended as follows:
                  (a) in the definition of "Commonwealth administrative
10                     laws" by deleting subparagraph (a)(ii);
                 (b) by inserting in the appropriate alphabetical positions the
                       following definitions --
                "
                     "confer" includes impose;
15                   "function" includes a duty;
                                                                                 ".




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      Agricultural and Veterinary Chemicals (Western Australia) Amendment
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                                                                                   s. 5


     5.         Part 5 replaced
                Part 5 is repealed and the following Part is inserted instead --
     "
                 Part 5 -- Application of Commonwealth
5               administrative laws to the Agvet Code and
                  Agvet Regulations of this jurisdiction
          15.         Object
                      The object of this Part is to help ensure that the Agvet
                      Code of this jurisdiction and the Agvet Code of each
10                    other jurisdiction are administered on a uniform basis.

          16.         Application of Commonwealth administrative laws
                      in relation to applicable provisions
                (1)   The Commonwealth administrative laws apply as laws
                      of this jurisdiction to any matter arising in relation to
15                    the applicable provisions of this jurisdiction as if those
                      provisions were laws of the Commonwealth and were
                      not laws of this jurisdiction.
                (2)   The provisions of the Agvet Code of this jurisdiction
                      that require the NRA to give brief particulars of
20                    reasons for decisions do not affect the obligations of
                      the NRA under section 28 of the Administrative
                      Appeals Tribunal Act 1975 of the Commonwealth as
                      that section applies as a law of this jurisdiction under
                      subsection (1).
25              (3)   The provisions of the Agvet Code of this jurisdiction
                      that relate to the disclosure of confidential commercial
                      information do not affect the operation of the Freedom
                      of Information Act 1982 of the Commonwealth as that
                      Act applies as a law of this jurisdiction under
30                    subsection (1).


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     Agricultural and Veterinary Chemicals (Western Australia) Amendment
     Bill 2001



     s. 5


                  (4)   For the purposes of a law of this jurisdiction, a matter
                        arising in relation to the applicable provisions of this
                        jurisdiction --
                          (a) is taken to be a matter arising in relation to laws
5                               of the Commonwealth in the same way as if
                                those provisions were laws of the
                                Commonwealth; and
                          (b) is taken not to be a matter arising in relation to
                                laws of this jurisdiction.
10                (5)   Subsection (4) has effect for the purposes of a law of
                        this jurisdiction except as prescribed by regulations
                        under section 32.

            17.         Duties, functions and powers conferred on
                        Commonwealth officers and authorities
15                (1)   A Commonwealth administrative law applying because
                        of section 16 that confers on a Commonwealth officer
                        or authority a function or power also confers on the
                        officer or authority the same function or power in
                        relation to a matter arising in relation to an applicable
20                      provision of this jurisdiction.
                  (2)   In performing a function or exercising a power
                        conferred by subsection (1), the Commonwealth officer
                        or authority must act as nearly as practicable as the
                        officer or authority would act in performing or
25                      exercising the same function or power under the
                        Commonwealth administrative law.

            18.         Reference in Commonwealth administrative law to
                        a provision of another law
                        For the purposes of section 16, a reference in a
30                      Commonwealth administrative law to a provision of
                        that or another Commonwealth administrative law is


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      Agricultural and Veterinary Chemicals (Western Australia) Amendment
                                                                  Bill 2001



                                                                                s. 6


                   taken to be a reference to that provision as applying
                   because of that section.

          18A.     Construction of references to Part IVA of
                   Commonwealth AAT Act
5                  For the purposes of section 16, a reference in a
                   provision of the Administrative Appeals Tribunal
                   Act 1975 of the Commonwealth (as that provision
                   applies as a law of this jurisdiction) to the whole or any
                   part of Part IVA of that Act is taken to be a reference to
10                 the whole or any part of that Part as it has effect as a
                   law of the Commonwealth.
                                                                                 ".

     6.      Part 6 repealed
             Part 6 is repealed.

15   7.      Sections 28A and 28B inserted
             After section 28 the following sections are inserted --
     "
          28A.     Inspectors and analysts
             (1)   In this section --
20                 "officer" means --
                        (a) an inspector appointed under section 69F(1)
                              of the Agricultural and Veterinary Chemicals
                              (Administration) Act; or
                        (b) an analyst approved under section 69G of the
25                            Agricultural and Veterinary Chemicals
                              (Administration) Act.
             (2)   An officer has, in respect of a matter arising in relation
                   to an applicable provision of this jurisdiction, the
                   functions and powers conferred or expressed to be


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     Agricultural and Veterinary Chemicals (Western Australia) Amendment
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     s. 7


                    conferred on him or her under the applicable provisions
                    of this jurisdiction.

            28B.    Validation of actions of inspectors and analysts
              (1)   In this section --
5                   "officer" has the same meaning as in section 28A;
                    "relevant section" means section 7 of the Agricultural
                         and Veterinary Chemicals (Western Australia)
                         Amendment Act 2001;
                    "relevant time", in relation to a thing, means the time
10                       at which the thing was done or omitted to be done
                         or purported to have been done or omitted to be
                         done.
              (2)   Anything done or omitted to be done by an officer
                    before the commencement of the relevant section that
15                  would have been validly done or omitted had the
                    relevant section come into operation before the relevant
                    time has, and is deemed always to have had, the same
                    force and effect as it would have had if the relevant
                    section had come into operation before the relevant
20                  time.
              Note: Part 2 of the Co-operative Schemes (Administrative Actions) Act 2001
              applies to administrative actions taken by an officer as affected by this
              section.
                                                                                       ".




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      Agricultural and Veterinary Chemicals (Western Australia) Amendment
                                                                  Bill 2001



                                                                              s. 8


     8.      Section 33A inserted
             After section 33 the following section is inserted --
     "
          33A.     Transitional provision -- Agricultural and
5                  Veterinary Chemicals (Western Australia)
                   Amendment Act 2001
                   Part 5 of this Act, as inserted by section 5 of the
                   Agricultural and Veterinary Chemicals (Western
                   Australia) Amendment Act 2001, applies in relation to
10                 matters arising in relation to the applicable provisions
                   of this jurisdiction, and decisions made or other things
                   done or omitted to be done under the Commonwealth
                   administrative laws in respect of such matters, before,
                   on or after the commencement of that section.
15                                                                             ".

     9.      Part 9A inserted
             After section 35 the following Part is inserted --
     "
               Part 9 -- Conferral of functions on
20         Commonwealth Director of Public Prosecutions
          35A.     Conferral of functions on Commonwealth Director
                   of Public Prosecutions
                   The Director of Public Prosecutions for the
                   Commonwealth ("the Commonwealth Director")
25                 may --
                    (a) institute prosecutions on indictment for
                          indictable offences against the Agvet Code, or
                          the Agvet Regulations, of this jurisdiction;
                    (b) carry on prosecutions of the kind referred to in
30                        paragraph (a) (except prosecutions instituted by
                          the Attorney General or the Director of public

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     Agricultural and Veterinary Chemicals (Western Australia) Amendment
     Bill 2001



     s. 9


                          Prosecutions of the State), whether or not
                          instituted by the Commonwealth Director;
                    (c)   if the Attorney General or the Director of
                          Public Prosecutions of the State requests the
5                         Commonwealth Director in writing to carry on
                          a prosecution of the kind referred to in
                          paragraph (a) that was instituted by the
                          Attorney General or the Director of Public
                          Prosecutions of the State -- carry on the
10                        prosecution;
                    (d)   institute proceedings for the commitment of
                          persons for trial in respect of indictable
                          offences against the Agvet Code, or the Agvet
                          Regulations, of this jurisdiction;
15                  (e)   institute proceedings for the summary
                          conviction of persons in respect of offences
                          against the Agvet Code, or the Agvet
                          Regulations, of this jurisdiction;
                    (f)   carry on proceedings of a kind referred to in
20                        paragraph (d) or (e) (whether or not instituted
                          by the Commonwealth Director); and
                    (g)   do anything incidental or conducive to the
                          performance of any of the functions referred to
                          in paragraphs (a) to (f).
25                                                                          ".




 


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