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Queensland
AGRICULTURAL AND
VETERINARY CHEMICALS
(QUEENSLAND)
AMENDMENT BILL 2001
Queensland
AGRICULTURAL AND VETERINARY
CHEMICALS (QUEENSLAND)
AMENDMENT BILL 2001
TABLE OF PROVISIONS
Section Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Amendment of s 3 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
5 Replacement of pt 5 (Application of Commonwealth administrative laws
to Agvet Code and Agvet Regulations of this jurisdiction) . . . . . . . . . . . . 4
PART 5--APPLICATION OF COMMONWEALTH ADMINISTRATIVE
LAWS TO AGVET CODE AND AGVET REGULATIONS OF THIS
JURISDICTION
15 Object of pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
16 Application of Commonwealth administrative laws in relation to
applicable provisions .................................. 5
17 Functions and powers conferred on Commonwealth officers
and authorities ....................................... 6
18 Reference in Commonwealth administrative law to a provision
of another law ....................................... 6
19 Construction of references to Part IVA of Commonwealth AAT Act 6
6 Insertion of new ss 28A and 28B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
28A Inspectors and analysts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
28B Validation of actions of inspectors and analysts . . . . . . . . . . . . . . . . 7
7 Insertion of new pt 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
PART 11--TRANSITIONAL PROVISIONS
36 Transitional provision for Agricultural and Veterinary Chemicals
(Queensland) Amendment Act 2001 . . . . . . . . . . . . . . . . . . . . . . . . . 8
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . 9
2
Agricultural and Veterinary Chemicals (Queensland)
Amendment Bill 2001
MINOR AMENDMENTS
2001
A BILL
FOR
An Act to amend the Agricultural and Veterinary Chemicals
(Queensland) Act 1994
s1 4 s5
Agricultural and Veterinary Chemicals (Queensland)
Amendment Bill 2001
The Parliament of Queensland enacts-- 1
1 Short title
Clause 2
This Act may be cited as the Agricultural and Veterinary Chemicals 3
(Queensland) Amendment Act 2001. 4
2 Commencement
Clause 5
This Act commences immediately before the Co-operative Schemes 6
(Administrative Actions) Act 2001, section 4(1) commences. 7
3 Act amended
Clause 8
This Act amends the Agricultural and Veterinary Chemicals 9
(Queensland) Act 1994. 10
4 Amendment of s 3 (Definitions)
Clause 11
Section 3-- 12
insert-- 13
` "confer" includes impose.'. 14
5 Replacement of pt 5 (Application of Commonwealth 15
administrative laws to Agvet Code and Agvet Regulations of this 16
jurisdiction)
Clause 17
Part 5-- 18
omit, insert-- 19
s5 5 s5
Agricultural and Veterinary Chemicals (Queensland)
Amendment Bill 2001
`PART 5--APPLICATION OF COMMONWEALTH 1
ADMINISTRATIVE LAWS TO AGVET CODE AND 2
AGVET REGULATIONS OF THIS JURISDICTION 3
`15 Object of pt 5 4
`The object of this part is to help ensure the Agvet Code of this 5
jurisdiction and the Agvet Code of each other jurisdiction are administered 6
on a uniform basis. 7
`16 Application of Commonwealth administrative laws in relation to 8
applicable provisions 9
`(1) The Commonwealth administrative laws apply as laws of this 10
jurisdiction to any matter arising in relation to the applicable provisions of 11
this jurisdiction as if the provisions were laws of the Commonwealth and 12
were not laws of this jurisdiction. 13
`(2) The provisions of the Agvet Code of this jurisdiction that require the 14
NRA to give brief particulars of reasons for decisions do not affect the 15
obligations of the NRA under the Administrative Appeals Tribunal Act 16
1975 (Cwlth), section 28, as that section applies as a law of this jurisdiction 17
under subsection (1). 18
`(3) The provisions of the Agvet Code of this jurisdiction that relate to 19
the disclosure of confidential commercial information do not affect the 20
operation of the Freedom of Information Act 1982 (Cwlth) as that Act 21
applies as a law of this jurisdiction under subsection (1). 22
`(4) For a law of this jurisdiction, a matter arising in relation to the 23
applicable provisions of this jurisdiction is taken-- 24
(a) to be a matter arising in relation to laws of the Commonwealth in 25
the same way as if the provisions were laws of the 26
Commonwealth; and 27
(b) not to be a matter arising in relation to laws of this jurisdiction. 28
`(5) Subsection (4) has effect except as prescribed by a regulation under 29
section 32. 30
s6 6 s6
Agricultural and Veterinary Chemicals (Queensland)
Amendment Bill 2001
`17 Functions and powers conferred on Commonwealth officers 1
and authorities 2
`(1) A Commonwealth administrative law applying because of 3
section 16 that confers on a Commonwealth officer or authority a function 4
or power also confers on the officer or authority the same function or power 5
in relation to a matter arising in relation to an applicable provision of this 6
jurisdiction. 7
`(2) In performing a function or exercising a power conferred under 8
subsection (1), the Commonwealth officer or authority must act as nearly 9
as practicable as the officer or authority would act in performing or 10
exercising the same function or power under the Commonwealth 11
administrative law. 12
`18 Reference in Commonwealth administrative law to a provision 13
of another law 14
`For section 16, a reference in a Commonwealth administrative law to a 15
provision of that or another Commonwealth administrative law is taken to 16
be a reference to the provision as applying because of section 16. 17
`19 Construction of references to Part IVA of Commonwealth AAT 18
Act 19
`For section 16, a reference in a provision of the Administrative Appeals 20
Tribunal Act 1975 (Cwlth) (as the provision applies as a law of this 21
jurisdiction) to the whole or any part of Part IVA1 of that Act is taken to be 22
a reference to the whole or any part of that part as it has effect as a law of 23
the Commonwealth.'. 24
6 Insertion of new ss 28A and 28B
Clause 25
After section 28-- 26
insert-- 27
`28A Inspectors and analysts 28
`(1) This section applies for each person as follows (an "officer")-- 29
1 Administrative Appeals Tribunal Act 1975 (Cwlth), part IVA (Appeals and
references of questions of law to the Federal Court of Australia)
s7 7 s7
Agricultural and Veterinary Chemicals (Queensland)
Amendment Bill 2001
(a) an inspector appointed under the Agricultural and Veterinary 1
Chemicals (Administration) Act, section 69F(1); 2
(b) an analyst approved under the Agricultural and Veterinary 3
Chemicals (Administration) Act, section 69G. 4
`(2) An officer has, for a matter arising in relation to an applicable 5
provision of this jurisdiction, the functions and powers conferred or 6
expressed to be conferred on him or her under the applicable provisions of 7
this jurisdiction. 8
`28B Validation of actions of inspectors and analysts 9
`(1) In this section-- 10
"officer" means an officer as defined under section 28A. 11
"relevant section" means the Agricultural and Veterinary Chemicals 12
(Queensland) Amendment Act 2001, section 5.2 13
"relevant time", in relation to a thing, means the time at which the thing 14
was done or omitted to be done or purported to have been done or 15
omitted to be done. 16
`(2) Anything done or omitted to be done by an officer before the 17
commencement of the relevant section that would have been validly done 18
or omitted had the relevant section come into operation before the relevant 19
time has, and is taken always to have had, the same force and effect as it 20
would have had if the relevant section had come into operation before the 21
relevant time.3'. 22
7 Insertion of new pt 11
Clause 23
After part 10-- 24
insert-- 25
2 Agricultural and Veterinary Chemicals (Queensland) Amendment Act 2001,
section 5 (Replacement of part 5 (Application of Commonwealth administrative
laws to Agvet code and Agvet regulations of this jurisdiction)
3 See also the Co-operative Schemes (Administrative Actions) Act 2001, part 2
(Validation of invalid administrative actions).
s7 8 s7
Agricultural and Veterinary Chemicals (Queensland)
Amendment Bill 2001
`PART 11--TRANSITIONAL PROVISIONS 1
`36 Transitional provision for Agricultural and Veterinary Chemicals 2
(Queensland) Amendment Act 2001 3
`(1) Replacement part 5 applies in relation to matters arising in relation 4
to the applicable provisions of this jurisdiction, and decisions made or 5
other things done or omitted to be done under the Commonwealth 6
administrative laws relating to the matters, before, on or after the 7
commencement of that part. 8
`(2) In this section-- 9
"replacement part 5" means part 5, as inserted by the Agricultural and 10
Veterinary Chemicals (Queensland) Amendment Act 2001.'. 11
9
Agricultural and Veterinary Chemicals (Queensland)
Amendment Bill 2001
SCHEDULE 1
MINOR AMENDMENTS 2
section 3 3
1 Section 3, `In this Act--'-- 4
omit, insert-- 5
`The dictionary in the schedule defines particular words used in this Act. 6
2 Section 3, definitions, as amended by this Act-- 7
relocate to the schedule as inserted by this Act. 8
3 Section 32, heading-- 9
omit, insert-- 10
`32 Regulation-making power'. 11
4 Insertion of schedule 12
After part 11, as inserted by this Act-- 13
insert-- 14
`SCHEDULE 15
`DICTIONARY 16
section 3'. 17
10
Agricultural and Veterinary Chemicals (Queensland)
Amendment Bill 2001
© State of Queensland 2001
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