Commonwealth Consolidated Acts

AGRICULTURAL AND VETERINARY CHEMICALS (ADMINISTRATION) ACT 1992

TABLE OF PROVISIONS

           Long Title

   PART 1--P--RELIMINARY

   1.      Short title [see Note 1]  
   2.      Commencement [see Note 1]  
   3.      Object  
   4.      Interpretation  
   5.      Extension to external Territories  
   5A.     Application of the Criminal Code  

   PART 2--E--STABLISHMENT, FUNCTIONS AND POWERS OF APVMA

   6.      Australian Pesticides and Veterinary Medicines Authority  
   7.      Functions and powers  
   7AA.    APVMA's assets are Commonwealth assets  
   7AB.    APVMA's liabilities are Commonwealth liabilities  
   7A.     Annual publication of standards for certain residues of chemical products  
   8.      Consultation  
   8A.     Consultation with Gene Technology Regulator  
   9.      Agreements and arrangements  
   9A.     APVMA to comply with policies of Governments of Commonwealth, States and participating Territories  
   10.     Minister may give directions  
   10A.    Chief Executive Officer not subject to direction on certain matters  
   11.     Delegation by APVMA  

   PART 3--C--ONSTITUTION OF APVMA AND ADVISORY BOARD

           Division 1--Constitution of APVMA

   12.     APVMA is body corporate etc.  
   13.     Constitution of APVMA  

           Division 2--The Advisory Board

   14.     Establishment  
   15.     Membership  
   16.     Function of Advisory Board  

           Division 3--Appointment etc

   17.     Appointment  
   18.     Term of appointment  
   19.     Remuneration and allowances  
   21.     Leave of absence  
   22.     Resignation  
   23.     Standing obligation to disclose interests  
   24.     Termination of appointment  
   25.     Terms and conditions of appointment not provided for by Act  

           Division 4--Advisory Board procedures

   26.     Meetings between the Chief Executive Officer and the Advisory Board  
   27.     Meetings of the Advisory Board  

           Division 5--Committees

   28.     Establishment of committees  
   29.     Meetings of committees  
   29A.    Remuneration and allowances of committee members  
   30.     Arrangements relating to staff etc.  

   PART 4--C--HIEF EXECUTIVE OFFICER

   31.     Chief Executive Officer  
   32.     Duties  
   32A.    Working with the Advisory Board  
   33.     Appointment  
   34.     Term of appointment  
   35.     Remuneration and allowances  
   37.     Terms and conditions of appointment  
   38.     Chief Executive Officer not to engage in other paid employment  
   39.     Leave of absence for recreation  
   40.     Leave of absence for other purposes  
   41.     Resignation  
   41A.    Termination of appointment  
   42.     Disclosure of interests  
   43.     Acting Chief Executive Officer  
   44.     Delegation by the Chief Executive Officer  

   PART 5--S--TAFF AND CONSULTANTS

   45.     Staff  
   46.     Staff to be made available to the APVMA  
   47.     Consultants  

   PART 6--C--ORPORATE AND ANNUAL OPERATIONAL PLANS

   50.     Development of corporate plan  
   51.     Approval of corporate plan  
   52.     Variation of corporate plans  
   55.     Development of annual operational plan  
   56.     Approval of annual operational plan  
   57.     Variation of annual operational plan  

   PART 7--F--INANCE AND REPORTING REQUIREMENTS

           Division 1--Australian Pesticides and Veterinary Medicines Special Account

   58.     Australian Pesticides and Veterinary Medicines Special Account  
   59.     Credits to the Account  
   60.     Purposes of the Account  

           Division 2--Reporting requirements

   61.     Annual report  

           Division 3--Exemption from taxation

   62.     Exemption from taxation  

   PART 7A--I--MPORTATION, MANUFACTURE AND EXPORTATION OF CHEMICALS

           Division 1--Interpretation

   69A.    Interpretation  

           Division 2--Importation, manufacture and exportation

   69B.    Importation offence  
   69CA.   Providing information about certain chemical products etc. to comply with international agreements  
   69CB.   Providing information about certain chemical products etc. under international consideration  
   69CC.   Relevant agency to provide information to other countries  
   69CD.   Offences relating to providing information under sections 69CA and 69CB  
   69C.    Prohibition on import, manufacture, use or export of certain chemical products etc. under international agreements  
   69D.    Export of chemical products  
   69E.    Annual returns  
   69EA.   Keeping of records  
   69EAA.  Definitions  

           Division 3--Powers of entry, search and seizure

   69EB.   Searches to monitor compliance with Part  
   69EC.   Offence-related searches and seizures  
   69ED.   Offence-related warrants  
   69EE.   Announcement before entry  
   69EF.   Details of warrant to be given to occupier  
   69EG.   Use of equipment to examine or process things  
   69EH.   Use of electronic equipment at premises  
   69EI.   Compensation for damage to electronic equipment  
   69EJ.   Copies of seized things to be given  
   69EK.   Return of things that are seized  
   69EL.   Court of summary jurisdiction may permit a thing to be kept  
   69EM.   Warrants may be granted by telephone in urgent circumstances  
   69EN.   Power of inspector to require information or documents  
   69EO.   False or misleading information or document  

           Division 4--Miscellaneous

   69EP.   Hearings  
   69EQ.   Self-incrimination to be a reasonable excuse for non-compliance with requirement  
   69ER.   Copying of documents  
   69ES.   Evidential certificates  
   69ET.   Forfeiture  
   69EU.   Conduct by directors, servants and agents  

   PART 7B--M--ODIFICATION OF THE AGVET CODES FOR THE PURPOSE OF GIVING EFFECT TO PARAGRAPH 3 OF ARTICLE 39 OF THE TRIPS AGREEMENT

   69EV.   Definitions  
   69EW.   Modification of Agvet Codes  
   69EX.   Application of Part  
   69EY.   APVMA not to grant current application except in certain circumstances  
   69EZ.   Approval given in contravention of section 69EY is not invalid but is to be cancelled  
   69EZA.  Power of APVMA to grant multiple approvals to be subject to section 69EY  
   69EZB.  Power of APVMA to use information obtained by it for other purposes not to be affected  

   PART 8--M--ISCELLANEOUS

   69F.    Appointment of inspectors  
   69G.    Approval of analysts  
   69H.    Exemptions from liability for damages  
   69J.    Documents or substances held by APVMA at commencement of Agvet Codes  
   70.     Acts done by APVMA  
   71.     Delegation by Minister  
   73.     Regulations  

   PART 9--T--RANSITIONAL PROVISIONS

   74.     Staff  
   75.     Transfers of certain assets to APVMA  
   76.     Agreements etc.--Minister may make arrangements  
   77.     Estimates  
   78.     Money paid in advance to Commonwealth  
   79.     Rights in respect of services and facilities formerly provided by Department  
   80.     Delegations