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This is a Bill, not an Act. For current law, see the Acts databases.
AGRICULTURAL AND VETERINARY CHEMICALS CODE AMENDMENT BILL 2010
2008-2009-2010
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Agricultural and Veterinary Chemicals
Code Amendment Bill 2010
No. , 2010
(Agriculture, Fisheries and Forestry)
A Bill for an Act to amend the Agricultural and
Veterinary Chemicals Code Act 1994, and for related
purposes
i Agricultural and Veterinary Chemicals Code Amendment Bill 2010 No. , 2010
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
2
Schedule 1--Amendments
3
Agricultural and Veterinary Chemicals Code Act 1994
3
Agricultural and Veterinary Chemicals Code Amendment Bill 2010 No. , 2010 1
A Bill for an Act to amend the Agricultural and
1
Veterinary Chemicals Code Act 1994, and for related
2
purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act may be cited as the Agricultural and Veterinary
6
Chemicals Code Amendment Act 2010.
7
2 Commencement
8
This Act commences on the day after this Act receives the Royal
9
Assent.
10
2 Agricultural and Veterinary Chemicals Code Amendment Bill 2010 No. , 2010
3 Schedule(s)
1
Each Act that is specified in a Schedule to this Act is amended or
2
repealed as set out in the applicable items in the Schedule
3
concerned, and any other item in a Schedule to this Act has effect
4
according to its terms.
5
6
Amendments Schedule 1
Agricultural and Veterinary Chemicals Code Amendment Bill 2010 No. , 2010 3
Schedule 1--Amendments
1
2
Agricultural and Veterinary Chemicals Code Act 1994
3
1 Section 3 of the Schedule
4
Before "In this Code", insert "(1)".
5
2 Section 3 of the Schedule (at the end of the definition of
6
adequate)
7
Add:
8
; and (d) would not unduly prejudice trade or commerce between
9
Australia and places outside Australia.
10
3 Section 3 of the Schedule (at the end of the definition of
11
confidential commercial information)
12
Add:
13
; but does not include:
14
(d) the making of an application for a permit for the use of an
15
active constituent for a proposed or existing chemical product
16
or for the use of a chemical product, if the use of the product
17
proposed in the application is:
18
(i) a minor use; or
19
(ii) an emergency use; or
20
(e) any prescribed information relating to the making of an
21
application for a permit, as mentioned in paragraph (d).
22
4 Section 3 of the Schedule
23
Insert:
24
emergency use has the same meaning as in the regulations.
25
5 Section 3 of the Schedule
26
Insert:
27
minor use has the same meaning as in the regulations.
28
6 At the end of section 3 of the Schedule
29
Add:
30
Schedule 1 Amendments
4 Agricultural and Veterinary Chemicals Code Amendment Bill 2010 No. , 2010
(2) A regulation that prescribes information for the purposes of
1
paragraph (e) of the definition of confidential commercial
2
information is a legislative instrument.
3
7 Subsection 162(13) of the Schedule
4
Repeal the subsection, substitute:
5
(13) A reference in this section to information about an active
6
constituent for a proposed or existing chemical product, or about a
7
chemical product, includes a reference to the fact that:
8
(a) an application has been made for approval of the constituent
9
or registration of the product; or
10
(b) an application has been made for a permit in respect of the
11
constituent or product, if the making of the application is
12
confidential commercial information.
13
8 Application
14
(1)
The amendment made by item 2 of this Schedule applies in relation to:
15
(a) an application for approval of a label for containers for a
16
chemical product under section 10 of the Schedule to the
17
Agricultural and Veterinary Chemicals Code Act 1994 that is
18
made on or after the day this item commences; and
19
(b) an application for variation of the relevant particulars or
20
conditions of the approval for a label for containers for a
21
chemical product under section 27 of the Schedule to the
22
Agricultural and Veterinary Chemicals Code Act 1994 that is
23
made on or after the day this item commences; and
24
(c) a reconsideration of the approval of a label for containers for
25
a chemical product under section 34 of the Schedule to the
26
Agricultural and Veterinary Chemicals Code Act 1994 if:
27
(i) the APVMA has published a notice in respect of the
28
label for containers for the chemical product under
29
subsection 32(1) of the Schedule to that Act before, on
30
or after the day this item commences; or
31
(ii) the APVMA had given written notice in respect of the
32
label for containers for the chemical product under
33
subsection 32(2) of the Schedule to that Act to an
34
interested person or an approved person before the day
35
this item commences and, on the day this item
36
Amendments Schedule 1
Agricultural and Veterinary Chemicals Code Amendment Bill 2010 No. , 2010 5
commences, the period stated in the notice has not
1
expired; or
2
(iii) the APVMA gives written notice in respect of the label
3
for containers for the chemical product under subsection
4
32(2) of the Schedule to that Act to an interested person
5
or an approved person on or after the day this item
6
commences; and
7
(d) a reconsideration of the approval of a label for containers for
8
a chemical product under section 34A of the Schedule to the
9
Agricultural and Veterinary Chemicals Code Act 1994 that
10
began before, or begins on or after, the day this item
11
commences; and
12
(e) a standard for a chemical product that is submitted to the
13
Minister for approval under section 56D of the Schedule to
14
the Agricultural and Veterinary Chemicals Code Act 1994 on
15
or after the day this item commences.
16
(2)
The amendments made by items 3 to 7 of this Schedule apply in respect
17
of an application for a permit that is made on or after the day this item
18
commences.
19
(3)
In this item:
20
approval has the same meaning as in the Agricultural and Veterinary
21
Chemicals Code Act 1994.
22
approved person has the same meaning as in the Agricultural and
23
Veterinary Chemicals Code Act 1994.
24
chemical product has the same meaning as in the Agricultural and
25
Veterinary Chemicals Code Act 1994.
26
container has the same meaning as in the Agricultural and Veterinary
27
Chemicals Code Act 1994.
28
interested person has the same meaning as in the Agricultural and
29
Veterinary Chemicals Code Act 1994.
30
label has the same meaning as in the Agricultural and Veterinary
31
Chemicals Code Act 1994.
32
permit has the same meaning as in the Agricultural and Veterinary
33
Chemicals Code Act 1994.
34
relevant particulars has the same meaning as in the Agricultural and
35
Veterinary Chemicals Code Act 1994.
36
Schedule 1 Amendments
6 Agricultural and Veterinary Chemicals Code Amendment Bill 2010 No. , 2010
variations has the same meaning as in the Agricultural and Veterinary
1
Chemicals Code Act 1994.
2