AGRICULTURAL AND VETERINARY CHEMICALS (VICTORIA) ACT 1994 - SECT 31 Exemptions from liability for damages

AGRICULTURAL AND VETERINARY CHEMICALS (VICTORIA) ACT 1994 - SECT 31

    (1)     No action, suit or other proceeding for damages lies against the State or a person who is or has been a co-ordinator of this jurisdiction for any loss or injury directly or indirectly suffered as a result of—

        (a)     the handling of an approved active constituent for a proposed or existing chemical product; or

        (b)     the handling of a registered chemical product; or

        (c)     the handling of an active constituent for a proposed or existing chemical product, or of a chemical product, in respect of which a permit or exemption has been issued or given by the NRA; or

        (d)     an inability to use, or to use in a particular manner, an active constituent for a proposed or existing chemical product—

              (i)     because an approval, permit or exemption permitting its use, or permitting its use in that manner, has been refused by the NRA or such an approval, permit or exemption that was previously granted by the NRA has been suspended or cancelled; or

              (ii)     because its use, or its use in that manner, is precluded by the conditions of an approval, permit or exemption; or

        (e)     an inability to use, or to use in a particular manner, a chemical product—

              (i)     because a registration, permit or exemption permitting its use, or permitting its use in that manner, has been refused by the NRA or such a registration, permit or exemption that was previously granted by the NRA has been suspended or cancelled; or

              (ii)     because its use, or its use in that manner, is precluded by the conditions of a registration, permit or exemption; or

        (f)     the carrying out of a step in the manufacture of a chemical product in respect of which a licence has been issued by the NRA; or

        (g)     an inability to carry out, or to carry out in a particular manner or at particular premises, a step in the manufacture of a chemical product—

              (i)     because a licence to carry out that step, or to carry out that step in that manner or at those premises, has been refused by the NRA or such a licence that was previously granted by the NRA has been suspended or cancelled; or

              (ii)     because the carrying out of that step, or the carrying out of that step in that manner or at those premises, is precluded by the conditions of a licence.

    (2)     If an action, suit or other proceeding is brought against a person responsible for the importation, manufacture, supply or handling of—

        (a)     an approved active constituent for a proposed or existing chemical product; or

        (b)     a registered chemical product; or

        (c)     an active constituent for a proposed or existing chemical product, or a chemical product, in respect of which the NRA has issued a permit or given an exemption; or

        (d)     a chemical product in respect of a step in the manufacture of which the NRA has issued a licence—

in relation to any loss or injury directly or indirectly suffered because of the importation, manufacture, supply or handling of the constituent or product, it is not a defence to that action, suit or other proceeding that the NRA has approved the constituent, registered the product, issued a permit or given an exemption in relation to the constituent or the product, or issued a licence in relation to a step in the manufacture of the product.

    (3)     Expressions used in this section have the same meanings as in the Agvet Code of this jurisdiction.

    (4)     It is the intention of this section to alter or vary section 85 of the Constitution Act 1975 to the extent necessary to prevent the bringing before the Supreme Court of any action, suit or proceeding referred to in subsection (1).

S. 31A inserted by No. 39/2001 s. 7.