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AGRICULTURAL AND VETERINARY CHEMICALS (VICTORIA) ACT 1994 - SECT 3 Definitions

AGRICULTURAL AND VETERINARY CHEMICALS (VICTORIA) ACT 1994 - SECT 3

Definitions

    (1)     In this Act—

"Agricultural and Veterinary Chemicals Act" means the Agricultural and Veterinary Chemicals Act 1994 of the Commonwealth;

"Agricultural and Veterinary Chemicals (Administration) Act" means the Agricultural and Veterinary Chemicals (Administration) Act 1992 of the Commonwealth;

"Agricultural and Veterinary Chemicals Code Act" means the Agricultural and Veterinary Chemicals Code Act 1994 of the Commonwealth;

"Agvet Code of Victoria" means the provisions applying because of section 5;

"Agvet Regulations of Victoria" means the provisions applying because of section 6;

"applicable provision", in relation to a jurisdiction, means a provision of—

        (a)     the Agvet Code of that jurisdiction; or

        (b)     the Agvet Regulations of that jurisdiction; or

        (c)     a law of the Commonwealth that applies in that jurisdiction in relation to a provision of or offence against the Agvet Code or Agvet Regulations of that jurisdiction;

"authority", in relation to the Commonwealth, has the meaning given in the Agricultural and Veterinary Chemicals Act;

S. 3(1) def. of Common-wealth administrative laws amended by No. 22/2000 s. 3(1)(a)(b).

"Commonwealth administrative laws" means—

        (a)     the following Acts—

              (i)     the Administrative Appeals Tribunal Act 1975 of the Commonwealth (excluding Part IVA);

    *     *     *     *     *

              (iii)     the Freedom of Information Act 1982 of the Commonwealth;

              (iv)     the Ombudsman Act 1976 of the Commonwealth;

              (v)     the Privacy Act 1988 of the Commonwealth; and

        (b)     the regulations in force under those Acts;

Commonwealth ancillary criminal laws has the meaning given by section 8;

"Commonwealth Minister" means the Minister within the meaning of the Agvet Code of the participating Territories;

S. 3(1) def. of confer inserted by No. 39/2001 s. 4.

"confer" includes impose;

"corresponding Act" means an Act of another jurisdiction that corresponds to this Act;

"corresponding law" means—

        (a)     a corresponding Act; or

        (b)     regulations made under a corresponding Act; or

        (c)     the Agvet Code, Agvet Regulations, or another applicable provision, of another jurisdiction; or

        (d)     rules of court made under a corresponding Act;

S. 3(1) def of function inserted by No. 39/2001 s. 4.

"function" includes a duty;

S. 3(1) def. of instrument amended by Nos 68/2009 s. 97(Sch. item 6), 6/2018 s. 68(Sch.  2 item 4).

"instrument" means any document whatever, including—

        (a)     an Act or an instrument made under an Act; or

        (b)     a law of this jurisdiction or an instrument made under such a law; or

        (c)     an award or other industrial determination or order, or an industrial agreement; or

        (d)     any other order (whether executive, judicial or otherwise); or

        (e)     a notice, certificate or licence; or

        (f)     an agreement; or

        (g)     an application made, information or complaint laid, charge-sheet filed, affidavit sworn or affirmed, or warrant issued, for any purpose; or

        (h)     an indictment, summons or writ; or

              (i)     any other pleading in, or process issued in connection with, a legal or other proceeding;

"jurisdiction" means a State or the participating Territories;

"law", in relation to a participating Territory, means a law of, or in force in, that Territory;

"NRA" means the National Registration Authority for Agricultural and Veterinary Chemicals established by the Agricultural and Veterinary Chemicals (Administration) Act ;

"officer", in relation to the Commonwealth, has the meaning given in the Agricultural and Veterinary Chemicals Act;

participating Territory means—

        (a)     the Australian Capital Territory; or

        (b)     another Territory that is declared by regulations in force under section 25 of the Agricultural and Veterinary Chemicals Act to be a participating Territory;

State includes the Northern Territory of Australia;

Territory means a Territory referred to in section 122 of the Constitution of the Commonwealth, other than the Northern Territory of Australia, Norfolk Island, the Territory of Christmas Island or the Territory of Cocos (Keeling) Islands;

"this jurisdiction" means Victoria.

    (2)     In this Act, a reference to a Commonwealth Act includes a reference to—

        (a)     that Commonwealth Act as amended and in force for the time being; and

        (b)     an Act enacted in substitution for that Act.