Commonwealth Numbered Acts

AGRICULTURAL AND VETERINARY CHEMICALS ACT 1988 No. 91 of 1988 - SCHEDULE

SCHEDULE
Subsection 4 (3) FORM OF AGREEMENT TO BE ENTERED INTO BETWEEN COMMONWEALTH AND
A STATE OR THE
NORTHERN TERRITORY AN AGREEMENT made the
........................................................ BETWEEN THE
COMMONWEALTH OF AUSTRALIA (hereinafter referred to as "the Commonwealth") of
the first part and the STATE OF
..............................................................................

WHEREAS: A. each State and the Northern Territory of Australia has enacted or
proposes to
enact legislation that provides for the registration of agricultural and
veterinary chemical products and prohibits the sale, use and distribution of
such chemical products unless they are registered; B. two committees, known as
the Technical Committee on Agricultural Chemicals
and the Technical Committee on Veterinary Drugs respectively, comprising
representatives of Commonwealth, State and Northern Territory Governments and
other bodies presently make recommendations with respect to the registration
of agricultural and veterinary chemical products; and C. the Commonwealth, the
States and the Northern Territory of Australia have
reached agreement on a co-operative scheme for the uniform evaluation and
clearance of such chemical products. NOW IT IS HEREBY AGREED as follows: 1. In
this agreement, unless the contrary intention appears-
'certificate of clearance', in respect of a chemical product means a
certificate issued under the Commonwealth legislation proposed in clause 3,
clearing the chemical product for registration in particular States and
Territories;
'chemical product' means an agricultural chemical product or a veterinary
chemical product;
'clearance', in respect of a chemical product, means the clearance of that
chemical product for registration in particular States and Territories as
evidenced by the issue of a certificate of clearance in respect of the
chemical product;
'Council' means the Australian Agricultural and Veterinary Chemicals Council,
the body to be established in accordance with clause 3;
'Commonwealth law' means legislation of the Commonwealth Parliament enacted
pursuant to clause 3 and any subordinate legislation made under that law;
'Commonwealth Minister' means the Minister of State for Primary Industries and
Energy or any other Minister acting on behalf of or for the time being acting
for that Minister;
'State law' means ..........................................................
legislation made under that law. 2. In this agreement, unless the contrary
intention appears-

   (a)  words importing a gender include every other gender; and

   (b)  words in the singular number includes the plural and words in the
        plural number include the singular. 3. The Commonwealth shall take
        such steps as are appropriate to secure the passage of Commonwealth
        legislation that shall establish a Council the membership of which
        shall include a nominee of each State or Territory and that shall have
        the following functions:

   (a)  to grant or withdraw clearances for the registration of chemical
        products for use in States and Territories for specified purposes
        under specified conditions;

   (b)  to determine the conditions to which such clearances are subject or to
        vary such conditions;

   (c)  to obtain advice from other bodies concerning the granting or
        withdrawing of such clearances or the determination or variation of
        such conditions;

   (d)  to evaluate the effects of the use of chemical products in Australia
        and the external Territories;

   (e)  to develop, in consultation with the National Health and Medical
        Research Council and the National Occupational Health and Safety
        Commission, codes of practice, standards and guidelines for, and to
        recommend precautions to be taken in, the use of chemical products in
        Australia and the external Territories;

   (f)  to collect, interpret, disseminate and publish information relating to
        chemical products and their use;

   (g)  to encourage and facilitate the application and use of results of
        evaluation and testing of chemical products;

   (h)  to exchange information relating to chemical products and their use
        with overseas bodies having functions similar to the Council's
        functions;

   (j)  when requested by the Commonwealth Minister, or on its own motion, to
        report to or advise the Commonwealth Minister of any matter relating
        to chemical products or arising in the course of the the performance
        of its functions;

   (k)  in connection with the performance of its functions under paragraphs
        (a) to (j) (inclusive), to consult with persons and organisations
        concerned with chemical products and their use. 4. The Commonwealth
        shall not take action to amend or repeal the Commonwealth law before
        consulting the State on the terms of the amendment or repeal. 5. The
        State shall, as soon as practicable after the passage of the
        Commonwealth law and after consulting with the Commonwealth in
        accordance with sub-clause 6 (1), take such action as may be
        appropriate to cause the State law to be amended with the effect that-

   (a)  where the Council issues a certificate of clearance in relation to a
        chemical product, the chemical product shall, except as provided in
        paragraphs (b) and (c), be registered upon application in accordance
        with the State law upon such conditions, if any, and for such period,
        if any, as the Council recommends;

   (b)  paragraph (a) does not apply to a chemical product intended for use in
        the control or eradication of a pest or disease-

        (i)    that does not occur or, where it occurs, is not of economic
               significance in the State; or

        (ii)   in respect of which a control or eradication program is being
               undertaken in the State and use of the chemical could obscure
               evidence of the presence of the pest or disease;

   (c)  paragraph (a) does not apply to a chemical product the likely use of
        which, in the opinion of a chemical registration authority of the
        State-

        (i)    would not be desirable in relation to a farming method that is
               practised in the State;

        (ii)   would encourage increase in the State of a population of
               organisms that are resistant to the chemical; or

        (iii)  would not be desirable in relation to climatic or soil
               conditions;

   (d)  except as provided in paragraphs (e) and (f), a chemical product shall
        not be registered under the State law otherwise than in accordance
        with a certificate of clearance issued in relation to the
        chemical product by the Council;

   (e)  paragraph (d) does not apply to a chemical product that has been
        cleared under the Commonwealth law for a particular use or uses and in
        relation to which State registration is sought for another use that is
        not inconsistent with the first-mentioned use or uses, being
        registration for a use for the purpose of facilitating the small scale
        production of specialised crops or for small scale domestic,
        industrial or experimental use in the State; and

   (f)  paragraph (d) does not apply to a chemical product that, in the
        opinion of the State, is intended for use in exceptional
        circumstances. 6. Pending amendment of the State law pursuant to
        clause 5, the State shall take such action as may be appropriate
        within present State law to give such effect as is possible, before
        amendment of State legislation, to clause 5 of this agreement by
        ............................................................ 7. The
        State shall not take action to amend or repeal the State law enacted
        pursuant to clause 5 of this agreement before consulting the
        Commonwealth on the terms of the amendment or repeal. 8. The State
        Minister responsible for administration of matters relevant to this
        agreement shall be the Minister for
        ..................................... Minister acting on behalf of, or
        for the time being acting for, that Minister. 9. The Commonwealth and
        the State may, by written agreement, vary or amend the terms of this
        agreement. IN WITNESS WHEREOF this agreement has been executed as at
        the day and year first written above. SIGNED for and on behalf of the
        COMMONWEALTH OF AUSTRALIA by
......................................
in the presence of                       )

)
)
) SIGNED for and on behalf of the STATE OF ......................... by
...................................
in the presence of-                      )

)
)
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