Commonwealth Consolidated Acts

AGRICULTURAL AND VETERINARY CHEMICALS CODE ACT 1994 - SECT 7

             (1)  Subject to subsection (2), if:

                     (a)  provision may be made by the regulations for or in relation to a matter; and

                     (b)  the regulations declare that this section applies to that matter;

the Minister may, by signed writing, make orders with respect to that matter that are consistent with the regulations.

             (2)  An order must not be made prescribing a penalty.

             (3)  An order is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901 .

             (4)  Section 49A of the Acts Interpretation Act 1901 applies to an order in the same way as it applies to regulations.

             (5)  An order is taken to be a statutory rule for the purposes of the Statutory Rules Publication Act 1903 .

             (6)  In considering whether to make an order under subsection (1), the Minister must have regard to:

                     (a)  the effect that the order would have for the purposes of the Agvet Code of each jurisdiction other than the participating Territories because of a law of that jurisdiction that corresponds to the Agricultural and Veterinary Chemicals Act 1994 ; and

                     (b)  the fact that section 48 of the Acts Interpretation Act 1901 would apply in relation to the order because of subsection (3) of this section.

             (7)  Subject to subsection (8), in an order, unless the contrary intention appears, an expression has the same meaning as it has in the Agvet Code of the participating Territories.

             (8)  In a provision of an order that has effect for the purposes of a particular provision of the Agvet Code of the participating Territories, unless the contrary intention appears, an expression has the same meaning as it has in that provision of that Code.

             (9)  An order is to be interpreted subject to the Agvet Code of the participating Territories and it is intended that if, apart from this subsection, a provision of an order would have been interpreted as being inconsistent with that Code, the provision is nevertheless to be valid in so far as it is not so inconsistent.