AGRICULTURAL AND VETERINARY CHEMICALS (CONTROL OF USE) ACT 1992 - SECT 76 Regulations
AGRICULTURAL AND VETERINARY CHEMICALS (CONTROL OF USE) ACT 1992 - SECT 76
Regulations(1) The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed, or necessary to be prescribed to give effect to this Act.
S. 76(2) amended by Nos 73/1994 s. 55(3), 55/2001 s. 25.
(2) Without in any way limiting subsection (1), regulations may be made under this Act for or with respect to the things specified in sections 24(2), 27, 45, 52A and 47.
(3) A power conferred by this Act to make regulations may be exercised—
(a) either in relation to all cases to which the power extends, or in relation to all those cases subject to specified exceptions, or in relation to any specified case or class of case; and
(b) so as to make, as respects the cases in relation to which the power is exercised—
(i) the same provision for all cases in relation to which the power is exercised, or different provisions for different cases or classes of case, or different provisions for the same case or class of case for different purposes; or
(ii) any such provision either unconditionally or subject to any specified condition.
(4) Regulations made under this Act may be made—
(a) so as to apply—
(i) at all times or at a specified time; or
(ii) throughout the whole of the State or in a specified part of the State; or
(iii) as specified in both subparagraphs (i) and (ii); and
(b) so as to require a matter affected by the regulations to be—
(i) in accordance with a specified standard or specified requirement; or
(ii) approved by or to the satisfaction of a specified person or a specified class of persons; or
(iii) as specified in both subparagraphs (i) and (ii); and
(c) so as to apply, adopt or incorporate any matter contained in any document, code, standard, rule, specification or method formulated, issued, prescribed or published by any person whether—
(i) wholly or partially or as amended by the regulations; or
(ii) as formulated, issued, prescribed or published at the time the regulations are made or at any time before then; or
(iii) as formulated, issued, prescribed or published from time to time; and
(d) so as to confer a discretionary authority or impose a duty on a specified person or a specified class of persons; and
(e) so as to provide in a specified case or class of case for the exemption of persons or things or a class of persons or things from any of the provisions of the regulations, whether unconditionally or on specified conditions and either wholly or to such an extent as is specified; and
(f) so as to impose a penalty not exceeding 50 penalty units for a contravention of the regulations.
(5) If under subsection (4)(c)(iii) a regulation has applied, adopted or incorporated any matter contained in any document, code, standard, rule, specification or method as formulated, issued, prescribed or published from time to time and that document, code, standard, rule, specification or method is at any time amended, the document, code, standard, rule, specification or method is for the purpose of the regulation to be taken to have not been so amended until notice of the amendment is published in the Government Gazette.
S. 76(6) amended by No. 78/2010 s. 24(Sch. 1 item 2.1).
(6) Regulations made under this Act may be
disallowed in whole or in part by resolution of either House of Parliament.
S. 76(7) repealed by No. 78/2010 s. 24(Sch. 1 item 2.2).
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