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This is a Bill, not an Act. For current law, see the Acts databases.
2002-2003-2004
The Parliament
of the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Agricultural
and Veterinary Chemicals (Administration) Amendment Bill
2004
No. ,
2004
(Agriculture, Fisheries and
Forestry)
A Bill for an Act to amend the
Agricultural and Veterinary Chemicals (Administration) Act 1992, and for
related purposes
Contents
A Bill for an Act to amend the Agricultural and
Veterinary Chemicals (Administration) Act 1992, and for related
purposes
The Parliament of Australia enacts:
This Act may be cited as the Agricultural and Veterinary Chemicals
(Administration) Amendment Act 2004.
This Act commences on the day after the day on which it receives the
Royal Assent.
Each Act that is specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule concerned, and any
other item in a Schedule to this Act has effect according to its
terms.
1 After section 69B
Insert:
Regulations may prescribe international agreements
(1) The regulations may prescribe an international agreement or
arrangement for the purposes of this section.
Regulations may prescribe information about import etc. of certain
chemicals
(2) For the purposes of complying with a prescribed agreement or
arrangement, the regulations may prescribe the following information in respect
of a prescribed active constituent for a proposed or existing chemical product,
or a prescribed chemical product:
(a) information about the import of the constituent or product into
Australia;
(b) information about the manufacture or use of the constituent or product
in Australia;
(c) information about other dealings with the constituent or product in
Australia;
(d) information about the export of the constituent or product from
Australia.
(3) For each constituent or product, the regulations must identify the
relevant international agreement or arrangement.
A person must provide prescribed information about prescribed
constituents or products
(4) A person must provide any relevant prescribed information in respect
of a prescribed constituent or product if the person imports, manufactures,
uses, deals with or exports the constituent or product.
Note 1: A person who fails to provide the information or who
provides false or misleading information may commit an offence against
section 69CD.
Note 2: Section 69C might prohibit or restrict the
import, manufacture, use, dealing or export of a prescribed constituent or
product.
(5) The information must be provided to the relevant agency in an approved
form within the period prescribed for the constituent or product in the
regulations.
Commencement of regulations
(6) A regulation made for the purposes of this section in respect of a
constituent or product may be expressed to come into force when the relevant
international agreement or arrangement enters into force for Australia, but must
not be expressed to come into force before that time.
Regulations may prescribe constituents and products
(1) The regulations may prescribe the following active constituents for a
proposed or existing chemical product, or the following chemical products, for
the purposes of this section:
(a) a constituent or product that is the subject of an international
agreement or arrangement that has not entered into force for
Australia;
(b) a constituent or product that is the subject of
consideration:
(i) by an international organisation, or by an organ of or a body
established by an international organisation, or by Australia together with any
other country; and
(ii) in relation to an international agreement or arrangement (including
one that has not entered into force for Australia) or in relation to
negotiations for an international agreement or arrangement.
Regulations may prescribe information about import etc. of such
constituents or products
(2) The regulations may prescribe the following information in respect of
a prescribed constituent or product:
(a) information about the import of the constituent or product into
Australia;
(b) information about the manufacture or use of the constituent or product
in Australia;
(c) information about other dealings with the constituent or product in
Australia;
(d) information about the export of the constituent or product from
Australia.
Constitutional basis for this section
(3) The reference in paragraphs (2)(b) and (c) to the manufacture or
use of, or other dealings with, a constituent or product in Australia is
confined to the following:
(a) the manufacture or use of, or other dealings with, the constituent or
product in Australia by trading corporations formed within the limits of the
Commonwealth, or foreign corporations, within the meaning of paragraph 51(xx) of
the Constitution;
(b) the manufacture or use of, or other dealings with, the constituent or
product in Australia for supply in the course of trade and commerce:
(i) with other countries; or
(ii) among the States; or
(iii) within a Territory; or
(iv) between a State and a Territory or between 2 Territories;
(c) the manufacture or use of, or other dealings with, the constituent or
product in Australia for supply to, or to an authority or instrumentality of,
the Commonwealth or a Territory;
(d) the manufacture or use of, or other dealings with, the constituent or
product in a Territory.
A person must provide prescribed information about prescribed
constituents or products
(4) A person must provide any relevant prescribed information in respect
of a prescribed constituent or product if the person imports, manufactures,
uses, deals with or exports the constituent or product in the circumstances
mentioned in subsection (3).
Note: A person who fails to provide the information or who
provides false or misleading information may commit an offence against
section 69CD.
(5) The information must be provided to the relevant agency in an approved
form within the period prescribed for the constituent or product in the
regulations.
(1) A relevant agency may inform a country, the appropriate authority of a
country or a relevant international organisation regarding the
following:
(a) the movements into or out of Australia of an active constituent or
chemical product prescribed in regulations made under section 69CA or
69CB;
(b) the manufacture or use of such a constituent or product in
Australia;
(c) any other dealing with such a constituent or product in
Australia.
(2) A relevant agency may provide the information in such terms and on
such conditions as the agency thinks fit, having regard to:
(a) the terms of any relevant international agreement or arrangement;
and
(b) the interest of any person in maintaining confidentiality in relation
to movements, manufacture or use of, or other dealings with, the constituent or
product.
Offence for failing to provide information
(1) A person commits an offence if:
(a) the person is required to provide information under section 69CA
or 69CB; and
(b) the person fails to provide the information under that
section.
Penalty: 50 penalty units.
(2) In subsection (1), strict liability applies to the physical
element of circumstance that the information is required to be provided under
section 69CA or 69CB.
Note: For strict liability, see section 6.1 of the
Criminal Code.
Offence for false or misleading information
(3) A person commits an offence if:
(a) the person provides information (whether orally or in writing) to a
relevant agency under section 69CA or 69CB; and
(b) the person knows that the information is false or misleading in a
material particular; and
(c) the information is provided:
(i) without the person indicating to the agency that it is false or
misleading; and
(ii) without the person indicating how it is false or misleading;
and
(iii) without the person providing to the agency correct information that
the person possesses or can reasonably acquire.
Penalty: 300 penalty units.
(4) The fault element for paragraph (3)(c) is recklessness.
Note: For recklessness, see section 5.4 of the
Criminal Code.
(5) In subsection (3), strict liability applies to the physical
element of circumstance that the information is provided under section 69CA
or 69CB.
Note: For strict liability, see section 6.1 of the
Criminal Code.
2 Subsection 69C(1)
Repeal the subsection, substitute:
Regulations may prohibit import etc. of certain chemical products under
international agreements
(1) If an active constituent for a proposed or existing chemical product,
or a chemical product, is the subject of an international agreement or
arrangement prescribed for the purposes of this section, the regulations may
prohibit any one or more of the following:
(a) the import of the constituent or product into Australia;
(b) the manufacture or use of the constituent or product in
Australia;
(c) any other dealing with the constituent or product in
Australia;
(d) the export of the constituent or product from Australia.
The prohibition may be either absolute or subject to such conditions or
restrictions as are prescribed.
Note: The heading to section 69C is replaced by the
heading “Prohibition on import, manufacture, use or export of certain
chemical products etc. under international
agreements”.
3 Subparagraph 69C(2)(a)(iii)
Repeal the subparagraph.
Note: The following heading to subsection 69C(2) is inserted
“Requirements for making regulations”.
4 After subsection 69C(2)
Insert:
(2A) A regulation made for the purposes of subsection (1) in respect
of a constituent or product may be expressed to come into force when the
relevant international agreement or arrangement enters into force for Australia,
but must not be expressed to come into force before that time.
5 Subsections 69C(3) and (4)
Repeal the subsections.
6 Subsection 69C(5)
After “manufacture”, insert “, use, deal
with”.
Note: The following heading to subsection 69C(5) is inserted
“Offence for contravening conditions or
restrictions”.
7 Subsection 69C(6)
Repeal the subsection.
8 After subsection 69EA(1)
Insert:
Records relating to import etc. of chemical products prescribed under
section 69CA, 69CB or 69C
(1A) A person who imports into Australia, manufactures, uses or deals
with in Australia, or exports from Australia, an active constituent or
chemical product prescribed in regulations made under section 69CA, 69CB or
69C must:
(a) keep any records relating to the import, manufacture, use, dealing or
export that are reasonably necessary to enable the Department to find out
whether those sections have been complied with; and
(b) retain those records for 6 years.
Penalty: 30 penalty units.
Note: The following heading to subsection 69EA(1) is
inserted “Records relating to compliance with sections 69B, 69C
and 69E”.
9 Subsection 69EA(2)
After “(1)”, insert “or (1A)”.
Note: The following heading to subsection 69EA(2) is
inserted “Strict liability”.
10 At the end of Division 2 of
Part 7A
Add:
In this Division:
approved form means a form approved by the Secretary or
prescribed by the regulations.
deal with, in relation to an active constituent for a
proposed or existing chemical product, or in relation to a chemical product,
includes supply or otherwise dispose of the constituent or product.
relevant agency means the Department or the NRA.