Commonwealth of Australia Explanatory Memoranda

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AGRICULTURAL AND VETERINARY CHEMICALS LEGISLATION AMENDMENT BILL 2013

                                  2010-2011-2012-2013


        THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA


                           HOUSE OF REPRESENTATIVES




AGRICULTURAL AND VETERINARY CHEMICALS LEGISLATION AMENDMENT BILL
                              2012




          SUPPLEMENTARY EXPLANATORY MEMORANDUM (BT247)



        Amendments and new clauses to be moved on behalf of the government




     (Circulated by authority of the Minister for Agriculture, Fisheries and Forestry,
                              Senator the Hon. Joe Ludwig)
AMENDMENTS TO THE AGRICULTURAL AND VETERINARY
CHEMICALS LEGISLATION AMENDMENT BILL 2012

OUTLINE
The proposed government amendments to the Agricultural and Veterinary Chemicals Legislation
Amendment Bill 2012 (the Bill) make amendments in response to views of industry stakeholders and
members of the parliament and to make some technical amendments and minor corrections to the
Bill that have been identified while preparing for implementation of reforms.
The amendments to the Bill amend commencement and review provisions to:
  change the date of commencement for the amending schedules in the Bill to 1 July 2014
  require the Minister for Agriculture, Fisheries and Forestry to cause a review to be conducted of
  any matter about chemicals regulation that relates to the functions and powers of the Australian
  Pesticides and Veterinary Medicines Authority (APVMA) that is prescribed in regulation.
Other amendments to the Bill amend the Agricultural and Veterinary Chemicals Code Act 1994 to:
  make sure the APVMA considers instructions and conditions for using a chemical under a permit
  when considering the safety, efficacy or trade criteria
  make technical amendments and corrections to existing Bill provisions.

FINANCIAL IMPACT STATEMENT
These amendments have no financial impact.

REGULATION IMPACT STATEMENT
No regulation impact statement is required for these amendments.

STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Amendments to the Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012
These amendments do not engage any human rights beyond those already engaged by the Bill. As
they do not raise any additional human rights issues, the amendments remain compatible with the
human rights and freedoms recognised or declared in the international instruments listed in section 3
of the Human Rights (Parliamentary Scrutiny) Act 2011.




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NOTES ON INDIVIDUAL AMENDMENTS

Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012

Changing the Bill's commencement and transitional provisions
Amendments (1) and (2)--clauses 2 and 4
Amendment (1) changes the Bill's commencement date from 1 July 2013 to 1 July 2014. This
measure responds to some matters raised in debate on the Bill in the House of Representatives and
addresses concerns raised by some industry stakeholders since the Bill was introduced. The measure
will enable smoother implementation of the reforms by the regulator, the Australian Pesticides and
Veterinary Medicines Authority (APVMA), once the Bill receives the Royal Assent, and allow the
APVMA to communicate appropriately with industry about implementation of the reforms.
As a consequence of this change, amendment (2) to subclause 4(4) is also required to substitute
1 July 2018 with 1 July 2019.

Review of prescribed matters
Amendment (3)--new clauses 5 and 6
Amendment (3) inserts new clauses that require the Minister for Agriculture, Fisheries and Forestry
to cause a review to be conducted and a report provided on matters which relate to the functions and
powers of the APVMA that are prescribed by the regulations.
It is anticipated this measure would provide for a review, for example, of mechanisms to encourage
participation by industry (including provision of relevant data) in the APVMA's reconsideration of a
chemical approval or registration and addresses an industry concern.
The Governor-General may make regulations that set out review terms of reference and about the
conduct of the review. The clauses and regulations will cease to have effect five years after the Royal
Assent.

Technical amendments and corrections

Schedule 1--Approvals, registrations, permits and licences
Amendment (4)--item 4
This amendment omits mention of efficacy criteria from the definition of adequate in Section 3 of
the Agvet Code, the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994, to
correct an inadvertent error made during drafting. The amendment preserves existing arrangements
for consideration of label instructions and removes a potential increase to regulatory burden.
Amendment (5)--new item 10A
This amendment inserts a new definition of `instructions approved by the APVMA' into the Agvet
Code to make clear that these instructions include authorisations and requirements (however
described) set out in a permit (under Part 7 of the Agvet Code). This measure preserves consistency
with existing requirements to ensure the APVMA considers the provisions of a permit (including any
instructions, conditions, requirements or authorisations) when determining whether use of an active
constituent or chemical product under a permit meets the safety criteria, efficacy criteria or trade
criteria (new sections 5A to 5C of the Agvet Code).




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Amendment (6)--new item 78A
This amendment removes a reference to `or listed registration' in relation to supplied chemical
products which is no longer necessary following repeal of Part 2A of the Agvet Code.
Amendment (7)--items 172 and 173
This amendment repeals a subsection and a note which no longer required as other provisions in the
Agvet Code deal with the refusal of applications where a requirement under section 159 is not
complied with.

Schedule 4--Data protection
Amendment (8)--new item 45A
This amendment corrects an error in relation to the APVMA issuing notices to holders about the use
of protected information. The amendment omits `paragraph 59(2)(c)' and substitutes `subsection
59(2)' at paragraph 60(1)(b) of the Agvet Code so that section 60 applies if any of the situations in
subsection 59(2) do not permit the APVMA from using protected information.




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