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This is a Bill, not an Act. For current law, see the Acts databases.
1998-1999-2000-2001
The
Parliament of the
Commonwealth of
Australia
THE
SENATE
Presented and read a first
time
Agricultural
and Veterinary Chemicals Legislation Amendment Bill
2001
No. ,
2001
(Agriculture, Fisheries and
Forestry)
A Bill for an Act to amend
legislation relating to agricultural and veterinary chemicals, and for related
purposes
ISBN: 0642 468723
Contents
Agricultural and Veterinary Chemicals Act
1994 3
Agricultural and Veterinary Chemicals Act
1994 5
A Bill for an Act to amend legislation relating to
agricultural and veterinary chemicals, and for related
purposes
The Parliament of Australia enacts:
This Act may be cited as the Agricultural and Veterinary Chemicals
Legislation Amendment Act 2001.
(1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
(2) Schedule 2 commences at the later of:
(a) the time that is immediately after the commencement of item 2 of
Schedule 1 to this Act; and
(b) the time when Parts 4 to 10 of the Administrative Review
Tribunal Act 2001 commence.
Subject to section 2, each Act that is specified in a Schedule to
this Act is amended or repealed as set out in the applicable items in the
Schedule concerned, and any other item in a Schedule to this Act has effect
according to its terms.
Agricultural and
Veterinary Chemicals Act 1994
1 Section 4
Insert:
confer, in relation to a duty, includes impose.
2 Section 18
Repeal the section, substitute:
(1) A corresponding law of a jurisdiction may confer duties, functions and
powers in respect of any matter arising in relation to the applicable provisions
of the jurisdiction:
(a) upon the Administrative Appeals Tribunal; or
(b) upon an inspector appointed under subsection 69F(1) of the
Agricultural and Veterinary Chemicals (Administration) Act 1992;
or
(c) upon an analyst approved under section 69G of the Agricultural
and Veterinary Chemicals (Administration) Act 1992.
Note: Subsection 7(2) of the Agricultural and Veterinary
Chemicals (Administration) Act 1992 deals with functions and powers
conferred on the NRA by State laws.
(2) A corresponding law may confer such other duties, functions and powers
as are prescribed upon authorities and officers of the Commonwealth.
(3) In enacting subsections (1) and (2), it is the intention of the
Parliament to rely on all powers available to it under the
Constitution.
3 After section 18
Insert:
(1) To the extent that an authority or officer of the Commonwealth
(including a Minister) has a duty, function or power that is conferred, or taken
to be conferred, by a corresponding law:
(a) that duty, function or power is not taken to be conferred by
Commonwealth law; and
(b) section 18 is not taken to authorise the conferral of the duty,
function or power;
if the conferral or authorisation would contravene a constitutional
doctrine restricting the duties that may be conferred on authorities or officers
of the Commonwealth, or would otherwise exceed the legislative power of the
Commonwealth.
(2) If, to ensure the validity of the conferral of a duty, function or
power purportedly conferred on an authority or officer of the Commonwealth
(including a Minister) by a corresponding law, it is necessary that the duty,
function or power be conferred by a law of the Commonwealth, rather than by a
law of a State, the duty, function or power is taken to be conferred by this Act
to the extent necessary to ensure that validity.
(3) If, because of subsection (2), this Act is taken to confer a
duty, function or power upon an authority or officer of the Commonwealth
(including a Minister), it is the intention of the Parliament to rely on all
powers available to it under the Constitution to support the conferral of the
duty, function or power.
(4) Subsections (2) and (3) do not limit section 18.
4 Application of amendment
The amendment made by item 2 of this Schedule applies in relation to
matters arising before, on or after the commencement of that item.
Agricultural and
Veterinary Chemicals Act 1994
1 Paragraph 18(1)(a)
Omit “Appeals”, substitute “Review”.