Commonwealth Numbered Regulations - Explanatory Statements

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AGRICULTURAL AND VETERINARY CHEMICALS CODE AMENDMENT REGULATIONS 1999 (NO. 1) 1999 NO. 215

STATUTORY RULES 1999 No. 215

Issued by the Authority of the Minister for Agriculture, Fisheries and Forestry

Agricultural and Veterinary Chemicals Code Act 1994

Agricultural and Veterinary Chemicals Code Amendment Regulations 1999 (No. 1)

Section 6 of the Agricultural and Veterinary Chemicals Code Act 1994 (the Act) provides that the Governor-General may make regulations for the purpose of the Act.

The Agricultural and Veterinary Chemicals Code Bill was passed in March 1994 as part of the package of legislation to implement the National Registration Scheme for agricultural and veterinary chemicals. The Agricultural and Veterinary Chemicals Code Regulations ("the Regulations") provide necessary support to the Act.

The purpose of the proposed regulations is to make amendments to the existing regulations. The first amendment is no more than a minor name-change whereby '1995' is added at the end of the name of the existing Regulations; and the next three amendments are in connection with 'Restricted Chemical Products'. A 'Restricted Chemical Products' provided for under sections 93 and 94 of the Act) can only be supplied to an authorised person. Authorised persons are required to have appropriate skills and equipment, and to use due care in their activities.

The second and third proposed amendments extend the existing coverage of preconstruction termiticide products, and are regarded as being a means of promoting occupational health. A product based upon the active ingredient chlorpyrifos is already in the Regulations as a 'Restricted Chemical Product'.

The second amendment makes all pre-construction termiticide products containing the active ingredient bifenthrin 'Restricted Chemical Products'. The third proposed amendment extends the existing listing of one chlorpyrifos-based product to cover all pre-construction termiticide products containing chlorpyrifos. Clearly, the existing reference to a specific chlorpyrifos-based product is no longer necessary, as it is incorporated in the general description.

The fourth proposed amendment makes all agricultural and veterinary chemical products containing the active ingredient endosulfan 'Restricted Chemical Products'. This will allow greater control over the way in which products containing endosulfan are used, and is particularly targeted at controlling spraying practices in the cotton industry so as to minimise chemical residues in beef from nearby properties.

Details of the regulations are as set out below.

Regulation 1 names the present set of Regulations.

Regulation 2 specifies that the Regulations will commence on gazettal.

Regulation 3 specifies the amendments, namely

*       renames the Agricultural and Veterinary Chemicals Code Regulations the Agricultural and Veterinary Chemicals Code Regulations 1995, and

*       makes pre-construction termiticide products containing bifenthrin or chlorpyrifos 'Restricted Chemical Products', and

makes chemical products containing endosulfan 'Restricted Chemical Products'.