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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Agricultural and Veterinary Chemicals (Victoria)
(Amendment) Act 2001
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 2
3. Principal Act 2
4. Definitions 2
5. New Part 5 substituted 2
PART 5--APPLICATION OF COMMONWEALTH
ADMINISTRATIVE LAWS TO AGVET CODE AND
AGVET REGULATIONS OF THIS JURISDICTION 2
15. Object 2
16. Application of Commonwealth administrative laws in
relation to applicable provisions 3
17. Duties, functions and powers conferred on
Commonwealth officers and authorities 4
18. Reference in Commonwealth administrative law to a
provision of another law 4
18A. Construction of references to Part IVA of
Commonwealth AAT Act 4
6. New sections 28A and 28B inserted 5
28A. Inspectors and analysts 5
28B. Validation of actions of inspectors and analysts 5
7. New section 31A inserted 6
31A. Supreme Court--limitation of jurisdiction 6
8. New section 33A inserted 6
33A. Transitional provision--Agricultural and Veterinary
Chemicals (Victoria) (Amendment) Act 2001 6
ENDNOTES 8
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PARLIAMENT OF VICTORIA
Initiated in Assembly 16 May 2001
A BILL
to amend the Agricultural and Veterinary Chemicals (Victoria)
Act 1994 with respect to the functions and powers of certain
Commonwealth authorities and officers of the Commonwealth and for
other purposes.
Agricultural and Veterinary Chemicals
(Victoria) (Amendment) Act 2001
The Parliament of Victoria enacts as follows:
1. Purpose
The purpose of this Act is to amend the
Agricultural and Veterinary Chemicals
(Victoria) Act 1994 with respect to the functions
5 and powers of certain Commonwealth authorities
and officers of the Commonwealth.
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Agricultural and Veterinary Chemicals (Victoria) (Amendment)
Act 2001
s. 2
Act No.
2. Commencement
This Act comes into operation immediately before
section 4(1) of the Co-operative Schemes
(Administrative Actions) Act 2001 comes into
5 operation.
3. Principal Act
See:
In this Act, the Agricultural and Veterinary Act No.
Chemicals (Victoria) Act 1994 is called the 73/1994.
Reprint No. 1
Principal Act. as at
11 March
1999
and
amending
Act Nos
22/2000 and
74/2000.
LawToday:
www.dms.
dpc.vic.
gov.au
10 4. Definitions
In section 3(1) of the Principal Act insert the
following definitions--
' "confer" includes impose;
"function" includes a duty;'.
15 5. New Part 5 substituted
For Part 5 of the Principal Act substitute--
"PART 5--APPLICATION OF
COMMONWEALTH ADMINISTRATIVE LAWS
TO AGVET CODE AND AGVET
20 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
25 administered on a uniform basis.
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Act 2001
s. 5
Act No.
16. Application of Commonwealth
administrative laws in relation to applicable
provisions
(1) The Commonwealth administrative laws
5 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.
10 (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
15 Tribunal Act 1975 of the Commonwealth as
that section applies as a law of this
jurisdiction under sub-section (1) of this
section.
(3) The provisions of the Agvet Code of this
20 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
25 jurisdiction under sub-section (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--
30 (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
35 relation to laws of this jurisdiction.
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Act 2001
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Act No.
(5) Sub-section (4) has effect for the purposes of
a law of this jurisdiction except as prescribed
by regulations under section 32.
17. Duties, functions and powers conferred on
5 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
10 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 sub-section (1), the
15 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.
20 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
25 administrative law is taken to be a reference
to that provision as applying because of that
section.
18A. Construction of references to Part IVA of
Commonwealth AAT Act
30 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
35 Part IVA of that Act is taken to be a
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Act 2001
s. 6
Act No.
reference to the whole or any part of that
Part as it has effect as a law of the
Commonwealth.".
6. New sections 28A and 28B inserted
5 After section 28 of the Principal Act insert--
'28A. Inspectors and analysts
(1) In this section--
"officer" means--
(a) an inspector appointed under
10 section 69F(1) of the Agricultural
and Veterinary Chemicals
(Administration) Act; or
(b) an analyst approved under
section 69G of the Agricultural
15 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
20 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
25 (1) In this section--
"officer" has the same meaning as in
section 28A;
"relevant section" means section 6 of the
Agricultural and Veterinary
30 Chemicals (Victoria) (Amendment)
Act 2001;
"relevant time", in relation to a thing,
means the time at which the thing was
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Act 2001
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done or omitted to be done or purported
to have been done or omitted to be
done.
(2) Anything done or omitted to be done by an
5 officer before the commencement of the
relevant section that would have been validly
done or omitted had the relevant section
commenced before the relevant time has, and
is deemed always to have had, the same
10 force and effect as it would have had if the
relevant section had commenced before the
relevant time.
Note: Part 2 of the Co-operative Schemes
(Administrative Actions) Act 2001 applies to
15 administrative actions taken by an officer as affected
by this section.'.
7. New section 31A inserted
After section 31 of the Principal Act insert--
"31A. Supreme Court--limitation of jurisdiction
20 It is the intention of section 28B to alter or
vary section 85 of the Constitution Act
1975.".
8. New section 33A inserted
In Part 8 of the Principal Act, after section 33
25 insert--
"33A. Transitional provision--Agricultural and
Veterinary Chemicals (Victoria)
(Amendment) Act 2001
Part 5 of this Act, as substituted by section 5
30 of the Agricultural and Veterinary
Chemicals (Victoria) (Amendment) Act
2001, applies in relation to matters arising in
relation to the applicable provisions of this
jurisdiction, and decisions made or other
35 things done or omitted to be done under the
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Act 2001
s. 8
Act No.
Commonwealth administrative laws in
respect of such matters, before, on or after
the commencement of that section.".
5
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Agricultural and Veterinary Chemicals (Victoria) (Amendment)
Act 2001
Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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