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AGRICULTURAL AND VETERINARY CHEMICALS LEGISLATION AMENDMENT ACT 2001 NO. 83, 2001 - SCHEDULE 1

- Amendments relating to constitutional matters

Agricultural and Veterinary Chemicals Act 1994

1 Section 4

Insert:

confer , in relation to a duty, includes impose.

2 Section 18

Repeal the section, substitute:

(1) A corresponding law of a jurisdiction may confer duties, functions and powers in respect of any matter arising in relation to the applicable provisions of the jurisdiction:

(a)
upon the Administrative Appeals Tribunal; or

(b)
upon an inspector appointed under subsection 69F(1) of the Agricultural and Veterinary Chemicals (Administration) Act 1992 ; or

(c)
upon an analyst approved under section 69G of the Agricultural and Veterinary Chemicals (Administration) Act 1992 .

Note: Subsection 7(2) of the Agricultural and Veterinary Chemicals (Administration) Act 1992 deals with functions and powers conferred on the NRA by State laws.

(2) A corresponding law may confer such other duties, functions and powers as are prescribed upon authorities and officers of the Commonwealth.
(3) In enacting subsections (1) and (2), it is the intention of the Parliament to rely on all powers available to it under the Constitution.
3 After section 18

Insert:

(1) To the extent that an authority or officer of the Commonwealth (including a Minister) has a duty, function or power that is conferred, or taken to be conferred, by a corresponding law:

(a)
that duty, function or power is not taken to be conferred by Commonwealth law; and

(b)
section 18 is not taken to authorise the conferral of the duty, function or power;

if the conferral or authorisation would contravene a constitutional doctrine restricting the duties that may be conferred on authorities or officers of the Commonwealth, or would otherwise exceed the legislative power of the Commonwealth.

(2) If, to ensure the validity of the conferral of a duty, function or power purportedly conferred on an authority or officer of the Commonwealth (including a Minister) by a corresponding law, it is necessary that the duty, function or power be conferred by a law of the Commonwealth, rather than by a law of a State, the duty, function or power is taken to be conferred by this Act to the extent necessary to ensure that validity.
(3) If, because of subsection (2), this Act is taken to confer a duty, function or power upon an authority or officer of the Commonwealth (including a Minister), it is the intention of the Parliament to rely on all powers available to it under the Constitution to support the conferral of the duty, function or power.
(4) Subsections (2) and (3) do not limit section 18.
4 Application of amendment

The amendment made by item 2 of this Schedule applies in relation to matters arising before, on or after the commencement of that item.

Agricultural and Veterinary Chemicals Act 1994

1 Paragraph 18(1)(a)

Omit "Appeals", substitute "Review".


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