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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Agricultural and Veterinary Chemicals
(New South Wales) Amendment
Bill 2001
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Agricultural and Veterinary Chemicals
(New South Wales) Act 1994 No 53 2
Schedule 1 Amendments 3
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY, has
finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of NEW
SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2001
New South Wales
Agricultural and Veterinary Chemicals
(New South Wales) Amendment
Bill 2001
Act No , 2001
An Act to amend the Agricultural and Veterinary Chemicals (New South Wales)
Act 1994 with respect to the functions and powers of certain Commonwealth
authorities and officers of the Commonwealth; and for other purposes.
See also Co-operative Schemes (Administrative Actions) Act 2001.
I have examined this Bill, and find it to correspond in all respects with the Bill as
finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Agricultural and Veterinary Chemicals (New South Wales) Amendment
Bill 2001
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Agricultural and Veterinary Chemicals (New South
Wales) Amendment Act 2001.
2 Commencement
This Act commences immediately before section 4 (1) of the
Co-operative Schemes (Administrative Actions) Act 2001 commences.
3 Amendment of Agricultural and Veterinary Chemicals (New South
Wales) Act 1994 No 53
The Agricultural and Veterinary Chemicals (New South Wales)
Act 1994 is amended as set out in Schedule 1.
Page 2
Agricultural and Veterinary Chemicals (New South Wales) Amendment
Bill 2001
Amendments Schedule 1
Schedule 1 Amendments
(Section 3)
[1] Section 3 Definitions
Insert in alphabetical order in section 3 (1):
confer includes impose.
function includes a duty.
[2] Part 5
Omit the Part. Insert instead:
Part 5 Application of Commonwealth
administrative laws to Agvet Code and
Agvet Regulations of this jurisdiction
15 Object
The object of this Part is to help ensure that the Agvet Code of
this jurisdiction and the Agvet Code of each other jurisdiction
are administered on a uniform basis.
16 Application of Commonwealth administrative laws in relation to
applicable provisions
(1) The Commonwealth administrative laws apply as laws of this
jurisdiction to any matter arising in relation to the applicable
provisions of this jurisdiction as if those provisions were laws
of the Commonwealth and were not laws of this jurisdiction.
(2) The provisions of the Agvet Code of this jurisdiction that
require the NRA to give brief particulars of reasons for
decisions do not affect the obligations of the NRA under
section 28 of the Administrative Appeals Tribunal Act 1975 of
the Commonwealth as that section applies as a law of this
jurisdiction under subsection (1) of this section.
Page 3
Agricultural and Veterinary Chemicals (New South Wales) Amendment
Bill 2001
Schedule 1 Amendments
(3) The provisions of the Agvet Code of this jurisdiction that relate
to the disclosure of confidential commercial information do not
affect the operation of the Freedom of Information Act 1982 of
the Commonwealth as that Act applies as a law of this
jurisdiction under subsection (1) of this section.
(4) For the purposes of a law of this jurisdiction, a matter arising
in relation to the applicable provisions of this jurisdiction:
(a) is taken to be a matter arising in relation to laws of the
Commonwealth in the same way as if those provisions
were laws of the Commonwealth, and
(b) is taken not to be a matter arising in relation to laws of
this jurisdiction.
(5) Subsection (4) has effect for the purposes of a law of this
jurisdiction except as prescribed by regulations under
section 32.
17 Functions and powers conferred on Commonwealth officers and
authorities
(1) A Commonwealth administrative law applying because of
section 16 that confers on a Commonwealth officer or
authority a function or power also confers on the officer or
authority the same function or power in relation to a matter
arising in relation to an applicable provision of this
jurisdiction.
(2) In performing a function or exercising a power conferred by
subsection (1), the Commonwealth officer or authority must act
as nearly as practicable as the officer or authority would act in
performing or exercising the same function or power under the
Commonwealth administrative law.
18 Reference in Commonwealth administrative law to a provision
of another law
For the purposes of section 16, a reference in a
Commonwealth administrative law to a provision of that or
another Commonwealth administrative law is taken to be a
reference to that provision as applying because of that section.
Page 4
Agricultural and Veterinary Chemicals (New South Wales) Amendment
Bill 2001
Amendments Schedule 1
18A Construction of references to Part IVA of Commonwealth AAT
Act
For the purposes of section 16, a reference in a provision of the
Administrative Appeals Tribunal Act 1975 of the
Commonwealth (as that provision applies as a law of this
jurisdiction) to the whole or any part of Part IVA of that Act is
taken to be a reference to the whole or any part of that Part as
it has effect as a law of the Commonwealth.
[3] Sections 28A and 28B
Insert after section 28:
28A Inspectors and analysts
(1) In this section:
officer means:
(a) an inspector appointed under section 69F (1) of the
Agricultural and Veterinary Chemicals (Administration)
Act, or
(b) an analyst approved under section 69G of the
Agricultural and Veterinary Chemicals (Administration)
Act.
(2) An officer has, in respect of a matter arising in relation to an
applicable provision of this jurisdiction, the functions and
powers conferred or expressed to be conferred on him or her
under the applicable provisions of this jurisdiction.
28B Validation of actions of inspectors and analysts
(1) In this section:
officer has the same meaning as in section 28A.
relevant provision means Schedule 1 [3] of the Agricultural
and Veterinary Chemicals (New South Wales) Amendment
Act 2001.
relevant time, in relation to a thing, means the time at which
the thing was done or omitted to be done or purported to have
been done or omitted to be done.
Page 5
Agricultural and Veterinary Chemicals (New South Wales) Amendment
Bill 2001
Schedule 1 Amendments
(2) Anything done or omitted to be done by an officer before the
commencement of the relevant provision that would have been
validly done or omitted had the relevant provision commenced
before the relevant time has, and is taken always to have had,
the same force and effect as it would have had if the relevant
provision had commenced before the relevant time.
Note. Part 2 of the Co-operative Schemes (Administrative Actions)
Act 2001 applies to administrative actions taken by an officer as affected
by this section.
[4] Section 33A
Insert after section 33:
33A Transitional provision--Agricultural and Veterinary Chemicals
(New South Wales) Amendment Act 2001
(1) In this section:
substitution provision means Schedule 1 [2] of the Agricultural
and Veterinary Chemicals (New South Wales) Amendment
Act 2001.
(2) Part 5 of this Act, as substituted by the substitution provision,
applies in relation to matters arising in relation to the
applicable provisions of this jurisdiction, and decisions made
or other things done or omitted to be done under the
Commonwealth administrative laws in respect of such matters,
before, on or after the commencement of the substitution
provision.
Page 6
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