Commonwealth Consolidated Acts

AGRICULTURAL AND VETERINARY CHEMICALS (ADMINISTRATION) ACT 1992 - SECT 69CB

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.