\VORLD TRADE ORGANIZATION 
ORGA1\JISATION MONDIALE DU COMMERCE RESTRICTED 
IP/N/l! AUSIV Add.4 
1 June 1995 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects 
of Intellectual Property Rights (95-1440) 
Original: 
NOTIFICA TION OF LAWS AND REGULATIONS 
UNDER ARTICLE 63.2 OF THE AGREEMENT I 
Australia 
Addendum Englishl 
anglais/ 
ingles 
This addendum reproduces the text of the Agricultural and Veterinary Chemicals (Consequential Amendments) Act 
1994, No. 37 of 1994, which is part of Australia's notification of its copyright legislation in accordance with paragraph 2 
of Article 63 of the Agreement on Trade-Related Aspects on Intellectual Property Rights, which was made by means of 
a communication from the Permanent Mission of Austraiia, dated 5 April 1995. 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
NOTIFICA TION DES LOIS ET REGLEMENT ATIONS 
AU TITRE DE L'ARTICLE 63.2 DE L'ACCORDi 
Australie 
Addendum 
Par une communication de la Mission permanence de l'Australie en date du 5 avril 1995, l'Australie a notifie sa 
legislation sur le droit d'auteur, conformement aux dispositions du paragraphe 2 de rarticle 63 de l'Accord sur les aspects 
des droits de propriete intellectuelle qui touchent au commerce. Le present addendum reproduit le texte de I 'Agricultural 
and Veterinary Chemicals (Consequential Amendments) Act 1994 (Loi de 1994 sur les produits chimiques a usage agrico/e 
ou veterinaire (Modifications pertinentes) , n· 37 de 1994. 
Consejo de los Aspectos de los Derechos de 
Propiedad Intelectual relacionados con el Comercio 
NOTIFICACION DE LEYES Y REGLAMENTOS DE CONFORMIDAD 
CON EL pARRAFO 2 DEL ARTICULO 63 DEL ACUERD01 
Australia 
Addendum 
En el presente addendum se reproduce el texto de la Le)' de Productos Qufmicos para la Agricultura y la Veterinaria 
(Modificaciones pertinentes), de 1994, N° 37 de 1994, comprendida en la notificacion que, por media de una comunicacion 
de la Mision Permanente australiana de fecha 5 de abril de 1995, ha hecho Australia de su legislacion en materia de derecho 
de autor de conformidad con el parrafo 2 del articulo 63 del Acuerdo sobre los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio. 
I English onlyl Anglais seulement/Ingles solamence. IP/N/l! AUS/l/ Add A 
Page 2 
~ AUSTRALIA I." .J",>"" "/"/Ht(~ "q" // :;;;; ......... ,'" ..... 
Agricultural and Veterinary Chemicals 
(Consequential Amendments) 
Act 1994 
No. 37 of 1994 
TABLE OF PROVISIONS 
PART 1-PRELIMINARY 
Section 
1. Short title 
2. Commencement 
PART 2-AMENDMENTS OF THE AGRICULTURAL AND VETERINARY 
CHEMICALS (ADMINISTRATION) ACT 1992 
3. Principal Act 
4. Interpretation _ 
5. Repeal of section and substitution of new section: 
5. Extension to external Territories 
6. Functions and powers 
7. Insertion of new section: 
7 A. Annual publication of standards for certain residues of chemical 
products 
8. Consultation 
9. Insertion of new section: 
9A. NRA to comply with policies of Governments of Commonwealth, 
States and participating Territories 
10. Minister may give directions 
11. Meetings of NRA 
12. Duties 
53502 Cat. No. 94 4233 7 Section 
13. 
1'+. 
15. 
16. 
17. 11 
TABLE OF PROVISIONS--connnued IP/NIl/ AUS/l/ Add.4 
Page 3 
Delegation by the Chief Executive Officer 
Staff to be made available to the NRA 
Approval of corporate plan 
Appropriation of money 
Insenion of new Pan: 
PART 7A-!.\1PORTATION . .\tA~L'FACTL'RE A~D EXPORTATION 
OF CHEMICALS 
69A. 
69B. 
69C. 
690. 
69E. 
69EA. 
69EB. 
69EC. 
69ED. 
69EE. 
69EF. 
69EG. 
69EH. 69EI. 
69EJ. 
69EK. 
69EL. 
69EM. 
69EN. 
69EO. Division /--!nterpretation 
Interpretation 
Dinsion 2--!mportarion. manufacture and exportation 
Imponation offence 
International obligations on impon. manufacture or expon of active 
constituents or chemical products 
Expon of chemical products 
Annuai returns 
Keepmg of records 
Dirision 3--Powers of entry. search and seizure 
Searches to monitor compliance with Part 
Offence-related searches and seizures 
Offence-related warrants 
Announcement before entrY 
Details of warrant to be gi~en to occupier 
Use of equipment to examine or process things 
Use of electronic equipment at premises 
Compensation for damage to electronic equipment 
Copies of seized things to be given 
Return of things that are seized 
Coun of summary jurisdiction may permit a thing to be kept 
Warrants may be granted by telephone in urgent circumstances 
Power of inspector to require information or documents 
False or misleading information or document 
Division 4--l~fisce/laneous 
69EP. Hearings 
69EQ. Self-incrimination to be a reasonable excuse for non-compliance with 
requirement 
69ER. Copying of documents 
69ES. Evidential cenificates 
69ET. Forfeiture 
69EU. Conduct by directors. servants and agents 
18. Insenion of new sections: 
69F. Appoinonent of inspectors 
69G. Approval of analysts 
69H. Exemptions from liability for damages 
691. Documents or substances held by NRA at commencement of Agvet 
Codes 
19. Delegation by Minister 
20. Agreements etC.-Minister may make arrangements 
PART 3-CONSEQUENTIAL AMENDMENTS OF THE COPYRIGHT ACT 
1968 
21. Principal Act IP/NIl/ AUS/l/ Add.4 
Page 4 
Section 
22. 
23. 
24. III 
TABLE OF PROVISIONs.-.,.·onrinued 
Interpretation 
InsenlOn of new <;ection: 
-+4B. Reproduction of writing on approved label for containers for chemical 
product 
Insertlon of new sectIon: 
112B. Reproduction of writing on approved label for containers for chemical 
product J'~ ~\ AUSTRALIA ,', _"'')')'' •• /////t(t..: -77 /' ~."K"'" lP/NIl/ AUS/lI Add.4 
Page 5 
Agricultural and Veterinary Chemicals 
(Consequential Amendments) 
Act 1994 
No. 37 of 1994 
An Act to amend the Agricultural and Veterinary Chemicals 
(Administration) Act 1992 and the Copyright Act 1968 
[Assented to 15 March 1994 ] 
The Parliament of Australia enacts: 
PART I-PRELIMINARY 
Short title 
1. This Act may be cited as the Agricultural and Veterinary Chemicals 
5 (Consequential Amendments) Act 1994. 
Commencement 
2. This Act commences on the same day as the Agricultural and 
Veterinary Chemicals Act 1994. IP/N/l! AUS/l/ Add.4 
Page 6 
., AgricultUral and Veterinary Chemicals (Consequential 
A.menaments) lVO. 37. 1994 
PART 2-AME~'D~IENTS OF THE AGRICULTURAL AND 
VETERINARY CHE~IICALS (.4DMINISTRATION) ACT 1992 
Principal Act 
3. In this Part. "Principal Act" means the Agricultural and Veterinary 
Chemicals (Administration) Act 19921. 5 
Interpretation 
4.(1) Section 4 of the Principal Act is amended by omitting the definition 
of "certificate of clearance", 
(2) Section 4 of the Principal Act is amended by inserting the following 
definitions: 10 
" 'inspector' means: 
(a) a person appointed as an inspector for the purposes of this Act under 
subsection 69F( 1); or 
(b) a person to whom an authorisation referred to in subsection 69F(2) 
applies for the purposes of this Act; 15 
'participating Territory' has the same meaning as in the Agricultural and 
Veterinary Chemicals Act 1994;". 
(3) Section 4 of the Principal Act is amended by omitting the definitions 
of "chemical product", "State" and "Territory" and substituting the 
following defmitions: 20 
" 'chemical product' has the same meaning as in the Agvet Code of the 
participating Territories: 
'State' includes the Northern Territory; 
'Territory' does not include the Northern Territory;". 
Repeal of section and substitution of new section 25 
5. Section 5 of the Principal4~ct is repealed and the following section is 
substituted: 
Extension to external Territories 
"5. This Act extends to every external Territory that is a participating 
Territory.". 30 
Functions and powers 
6.(1) Section 7 of the Principal Act is amended by omitting 
subsection (1) and substituting the following subsections: 
"(1) The NRA has any functions and powers that are conferred on it by 
or under this Act or the Agvet Code, or the Agvet Regulations, of the 35 
participating Territories. IP/NIl/ AUS/1/ Add.4 
Page 7 
Agricultural and Veterinary Chemicals (Consequential 3 
Amendments) No. 37.1994 
"(lA) The functions of the NRA include the following: 
(a) to assess the suitability for sale in Australia of active constituents for 
proposed or existing chemical products, chemical products and 
labels for containers for chemical products; 
5 (b) to provide information to the Governments and authorities of the 
Commonwealth, the States and the participating Territories about 
approved constituents for proposed or existing chemical products, 
registered chemical products and approved labels for such products 
and to co-operate with those Governments and authorities on matters 
10 relating to the management and control of chemical products; 
(c) to keep records and statistics of approvals and registrations granted, 
and permits and licences issued, by it under the Agvet Codes; 
(d) to evaluate the effects of the use of chemical products in the States 
and participating Territories; 
15 (e) to co-operate with Governments and authorities of the 
Commonwealth, the States and the participating Territories for the 
purpose of facilitating a consistent approach to the assessment and 
control of chemicals; 
(f) in co-operation with Governments and authorities of the 
20 Commonwealth, the States and the participating Territories, to 
develop codes of practice, standards and guidelines for, and to 
recommend precautions to be taken in connection with, the 
manufacture, export, import, sale, handling, possession, storage, 
disposal and use of chemical products in the States and participating 
25 Territories; 
(g) to collect, interpret, disseminate and publish information relating to 
chemical products and their use; 
(h) to encourage and facilitate the application and use of results of 
evaluation and testing of chemical products; 
30 (i) to exchange information relating to chemical products and their use 
with overseas and international bodies having functions similar to the 
NRA's functions; 
G) when requested by the Minister, or on its own initiative, to report to 
or advise the Minister on any matter relating to chemical products or 
35 arising in the course of the performance of its functions; 
(k) to encourage and facilitate the introduction of uniform national 
procedures for control of the use of chemical products; 
(1) to fund, and co-operate in, a program designed to ensure that active 
constituents for proposed or existing chemical products, chemical 
40 products, and labels for containers for chemical products, comply 
with the Agvet Codes and the Agvet Regulations. IP/NIl/AUSIlIAdd.4 
Page 8 
4- Agricultural and Veterinary Chemicals (Consequential 
Amendments) No. 37. 1994 
"(lB) Expressions used in subsection (lA) have the same meanings as 
in the Code set out in the Schedule to the Agricultural and Veterinary 
Chemicals Code Act 1994.". 
(2) Section 7 of the Principal Act is further amended by inserting after 
paragraph (3)(d) the following paragraph: 5 
"(da) make available to the public. either without charge or upon 
payment of a fee to the NRA, manuals, reports, lists of 
requirements and other documents; and". 
(3) Section 7 of the Principal Act is further amended by adding at the end 
the following subsection: 10 
"( 4) In the perfonnance of its functions and the exercise of its powers, 
the NRA is to have regard to the Commonwealth Government's policy in 
relation to the principle of ecologically sustainable development and, in 
particular, to the need to use, conserve and enhance the community's 
resources so that ecological processes, on which life depends, are 15 
maintained, and the total quality of life, now and in the future, can be 
increased." . 
Insertion of new section 
7. After section 7 of the Principal Act the following section is inserted: 
Annual publication of standards for certain residues of chemical 20 
products 
"7A.(1) The NRA must publish, in an appropriate manner, in each 
calendar year approved standards for residues of chemical products in 
protected commodities. 
"(2) In this section: 25 
'protected commodity' means: 
(a) any substance or thing of a kind used or capable of being used as food 
or drink by human beings; or 
(b) any substance or thing of a kind used or capable of being used as an 
ingredient or additive in, or any substance used in the preparation of, 30 
a substance or thing referred to in paragraph (a); or 
(c) any agricultural commodity; or 
(d) any animal feed; or . 
(e) any other prescribed substance or thing; or 
(t) any substance or thing that is capable of being made into anything 35 
referred to in a preceding paragraph; 
but does not include a therapeutic good within the meaning of the 
Therapeutic Goods Act 1989.", lP/NIl! ADS/1/ Add.4 
Page 9 
Agricultural and Veterinary Chemicals (Consequential 5 
Amendments) 1'10.37. 1994 
Consultation 
8. Section 8 of the Principal Act is amended by inserting after subsection 
(I) the following subsection: 
"(lA) If the matter that is being considered by the ~'RA, or in respect 
5 of which the NRA is seeking information or advice, relates to an active 
constituent for a proposed or existing chemical product. a chemical product, 
or a label for containers for a chemical product, the NRA may make available 
to the person, body or Government concerned: 
(a) information obtained by it with respect to the constituent, product or 
10 label; and 
(b) samples of the constituent, of any of the active constituents of the 
product, or of the product, or samples or copies of the label, as the 
case may be." . 
Insertion of new section 
15 9. After section 9 of the Principal Act the following section is inserted: 
NRA to comply with policies of Governments of Commonwealth, 
States and participating Territories 
"9A. In the performance of its functions and the exercise of its powers 
the NRA must comply with any policies of the Governments of the 
20 Commonwealth, the States and the participating Territories that are 
determined under any agreement entered into between those Governments 
for the purposes of this Act and the Agvet Codes." . 
Minister may give directions 
10. Section 10 of the Principal Act is amended by omitting paragraph 
25 (2)( a) and substituting the following paragraph: 
"(a) the Minister is satisfied that it is necessary to give the direction to the 
NRA in order to ensure that, in performing its functions, or 
exercising its powers, the NRA complies with policies of the 
Governments of the Commonwealth, the States and the participating 
30 Territories that are determined under an agreement referred to in 
section 9 A; and". 
Meetings of NRA 
11. Section 26 of the Principal Act is amended by adding at the end the 
following subsection: 
35 "(11) Subsections (1) to (5) and (8) apply to a hearing held by the NRA 
as if it were a meeting of the NRA.". IP/NIl/ AUS/l/ Add.4 
Page 10 
6 Agricultural and Veterinary Chemicals (Consequential 
Amendments) "Vo. 3 7, 1994 
Duties 
12. Section 32 of the Principal Act is amended by adding at the end of 
subsection (1) ., and, subject to subsection (2), may exercise any of the 
powers and functions of the NRA". 
Delegation by the Chief Executive Officer 5 
13. Section 44 of the Principal Act is amended by adding at the end 
"including, to avoid doubt, any powers and functions of the Chief Executive 
Officer under subsection 32(1)". 
Staff to be made ayaiIable to the NRA 
14. Section 46 of the Principal Act is amended by omitting subsection 10 
(2) and substituting the following subsection: 
"(2) The NRA may make an arrangement with: 
(a) the appropriate authority or officer of: 
(i) the Government of a State or Territory or of a foreign country; 
or 15 
(ii) an authority of such a Government; or 
(iii) an organisation; or 
(b) another person; 
under which the Government, authority, organisation or person may make 
officers or employees available to the NRA to perform services in connection 20 
with the performance or exercise of any of its functions or powers.". 
Approval of corporate plan 
15. Section 51 of the Principal Act is amended by omitting from 
paragraph (l)(b) "Agricultural and Veterinary Chemicals Act 1988" and 
substituting" Agvet Codes". . 25 
Appropriation of money 
16. Section 58 of the Principal Act is amended by omitting paragraph 
(2)(a) and substituting the following paragraphs: 
"(a) fees received by the Corrunonwealth under the Agricultural and 
Veterinary Chemicals Act 1988 or under the Agvet Codes or Agvet 30 
Regulations; and 
(aa) any amounts of levy or late payment penalty paid into the 
Consolidated Revenue Fund under any Act providing for the 
collection of a levy imposed in respect of the disposal of chemical 
products; and". 35 
Insertion of new Part 
17. After Part 7 of the Principal Act the following Part is inserted: IP/NIl/ ADS/l/ Add.4 
Page 11 
Agricultural and Veterinary Chemicals (Consequential 7 
Amendments) ~Vo. 37,1994 
"PART 7A-IMPORTATION, MANUFACTURE AND 
EXPORTATION OF CHEMICALS 
"Division 1-1 nterpretation 
Interpretation 
5 "69A.(1) Unless the contrary intention appears, expressions used in this 
Part have the same meanings as in the Code set out in the Schedule to the 
Agricultural and Veterinary Chemicals Code Act 1994. 
"(2) In this Part, 'inspector' has the meaning given by section 4. 
"Division 2-lmportation, manufacture and exportation 
10 Importation offence 
"69B.(1) Except with the consent in writing of the NRA, a person must 
not, without reasonable excuse: 
(a) import into Australia: 
(i) an active constituent for a proposed or existing chemical 
15 product that is neither an approved active constituent nor an 
exempt active constituent; or 
(ii) a chemical product that is neither a registered chemical product 
nor an exempt chemical product; or 
(b) arrange for the importation into Australia, on behalf of another 
20 person who, at the time of the arrangements, is neither a resident of, 
nor carrying on business in, Australia, of such an active constituent 
or chemical product. 
Penalty: 300 penalty units. 
"(2) In subsection (1): 
25 'exempt active constituent' means an active constituent that is exempted 
by the NRA from the operation of that subsection; 
'exempt chemical product' means a chemical product that is exempted by 
the NRA from the operation of that subsection. 
"(3) The NRA may, by writing, exempt an active constituent for a 
30 proposed or existing chemical product, or exempt a chemical product, from 
the operation:of subsection (1). 
"(4) If: 
(a) the importation of an active constituent for a proposed or existing 
chemical product, or of a chemical product, is prohibited under 
35 subsection (1); and 
(b) the NRA notifies the Comptroller-General of Customs in writing that 
the NRA wishes the Customs Act 1901 to apply to that importation; IPINIl! AUSIlI Add A 
Page 12 
8 Agricultural and Veterinary Chemlcals (Consequential 
A. m en dmen ts) No. 37. 1994 
the constituent or product is, for the purposes of that Act, taken to be a 
prohibited import. 
International obligations on import, manufacture or export of active 
constituents or chemical products 
"69C.( 1) If an active constituent for a proposed or existing chemical 5 
product, or a chemical product, is the subject of a prescribed international 
agreement, the regulations may prohibit the importation into, manufacture 
in, or exportation from, Australia of the constituent or product, either 
absolutely or subject to such conditions or restrictions as are prescribed. 
"(2) A regulation prescribing conditions or restrictions for the purposes 10 
of subsection (1) must not be made unless: 
(a) the NRA has published in the Gazette, and in any other manner that 
it thinks appropriate, a notice: 
(i) identifying the agreement; and 
(ii) listing the name or names by which the constituent or product 15 
is known to the public; and 
(iii) requiring all persons who manufacture the constituent or 
product in, import the constituent or product into, or export the 
constituent or product froIT'. , Australia to give to the NRA 
information in the approved form about movements of the 20 
constituent or product into or out of Australia; and 
(b) a period of 30 days has elapsed since the notice was published. 
"(3) The NRA may inform a country, the appropriate authority of a 
country or a relevant international organisation regarding movements into or 
out of Australia of an active constituent or chemical product specified in 25 
regulations prescribing conditions or restrictions for the purposes of 
subsection (1). 
"(4) The NRA may give information under subsection (3) in such terms 
and on such conditions as the NRA thinks fit, having regard to: 
( a) the requirements of the relevant international agreement; and 30 
(b) the interest of any p~rson in maintaining confidentiality in relation 
to movements of the -constituent or product. 
"(5) A person must not, without reasonable excuse, import, manufacture 
or export an active 'Constituent for a proposed or existing chemical product, 
or a chemical product, in contravention of a condition or restriction 35 
prescribed by a regulation made for the purposes of subsection (1). 
Penalty for a contravention of this subsection: 300 penalty units. IP/NIl/ AUS/1/ Add.4 
Page 13 
Agricultural and Veterinary Chemicals (Consequential 9 
Amendments) No. 37,1994 
Export of chemical products 
"69D.(1) The NRA may, upon the written application of a person 
wishing to export a chemical product to a foreign country, give to the person 
or to the government of that country or to any authority of that country named 
5 by the person, a certificate setting out the findings (if any) of the NRA in 
relation to any matters relating to the chemical product that are required to 
be established for the purposes of its export. 
"(2) If the NRA becomes aware that a chemical product: 
(a) in respect of which an application for registration has been refused; 
10 or 
(b) the registration of which has been suspended or cancelled; or 
( c) the registration of which is subject to conditions significantly 
limiting the use of the product; 
is proposed to be exported to a foreign country, the ~'RA may, on its own 
15 initiative, tell a body established in that country and having functions similar 
to its own functions that the application has been so refused, that the 
registration has been so suspended or cancelled or that the registration of the 
product has been made subject to those conditions, as the case may be, and 
the reasons for that refusal, suspension, cancellation or imposition of 
20 conditions. 
Annual returns 
"69E.(1) Subject to subsection (2), a person who imports into, 
manufactures in, or exports from, Australia: 
( a) active constituents for proposed or existing chemical products: or 
25 (b) chemical products; 
during the year ending on 30 June 1995 or a later year must give to the NRA, 
not later than 3 months after the end of the year concerned, a return setting 
out the respective quantities of those active constituents, or of the active 
constituents contained in those products, as the case may be, that were so 
30 imported, manufactured or exported during that year. 
Penalty: 30 penalty units. 
"(2) Subsection (1) does not apply to a person in respect of a particular 
year ending on 30 June if the total quantity of the active constituents that 
were, or wer.e included in chemical products that were, imported, 
35 nlanufactured or exported by the person during that year was not greater than 
a quantity prescribed by the regulations for the purposes of this section. 
Keeping of records 
"69EA. A person who imports into, manufactures in, or exports from, 
Australia an active constituent for a proposed or existing chemical product, 
40 or a chemical product, must: IP/N/l/AUS/l/Add.4 
Page 14 
10 Agricultural and Veterinary Chemicals (Consequential 
Amendments) J.Vo. 37,1994 
(a) keep any records relating to the importation, manufacture or 
exportation that are reasonably necessary to enable the NRA to find 
out whether sections 69B, 69C and 69E have been complied with; 
and 
(b) retain those records for 6 years. 
Penalty: 30 penalty units. 
"Division 3-Powers of entry, search and seizure 
Searches to monitor compliance with Part 5 
"69EB.(1) Subject to this section, to the extent that it is reasonably 
necessary to do so for the purpose of finding out whether this Part has been 10 
complied with, an inspector, with any necessary help, may enter, at any time 
during ordinary working hours on any day, any premises that the inspector 
has reasonable cause to believe are premises at which active constituents for 
proposed or existing chemical products, or chemical products, or records 
relating to any such constituents or products, are kept and may do anyone 15 
or more of the following: 
(a) search the premises and any thing found at the premises; 
(b) inspect and take photographs (including video recordings), or make 
sketches, of the premises or any thing at the premises; 
( c) take and keep samples of any thing at the premises; 20 
(d) inspect any document kept at the premises; 
(e) seize .any thing at the premises if the inspector believes on reasonable 
grounds that it is necessary to seize the thing in order to prevent its 
concealment, loss or destruction; 
(t) open any container at the premises for the purpose of inspecting, or 25 
taking a sample of, its contents provided that the container is resealed 
after the inspection is made or the sample is taken; 
(g) give any directions for, or with respect to, the detention of a thing that 
has been seized under paragraph (e). 
"(2) An inspector may not: 30 
(a) under paragraph (l)(c)---take samples of a thing; or 
(b) under paragraph (1)( e )---seize a thing; 
that appears to the inspector to be in the possession or custody of a person 
unless the inspector makes out and tenders to the person a receipt in or to the 
effect of the approved form for the sample taken or thing seized. 35 
"(3) An inspector may not, under subsection (1), enter premises that are 
a residence unless the occupier of the premises has consented to the entry. 
"(4) An inspector may not exercise any powers under subsection (1) in 
relation to premises if: lPINll! AUS/lI Add.4 
Page 15 
Agricultural and Veterinary Chemicals (Consequential 11 
A.mendments) No. 37,1994 
(a) the occupier of the premises has required the inspector to produce his 
or her identity card for inspection by the occupier; and 
(b) the inspector fails to comply with the requirement. 
"(5) If a direction given by an inspector under this section is inconsistent 
5 with an earlier direction given by an inspector under this section, the earlier 
direction is, to the extent of the inconsistency, of no effect. 
"( 6) A person must not, without reasonable excuse, refuse or fail to 
comply with a direction given by an inspector under this section. 
Penalty: 30 penalty units. 
10 Offence-related searches and seizures 
"69EC.(1) If an inspector has reasonable grounds for suspecting that 
there may be at any premises a particular thing that may be evidence of the 
commission of an offence against this Part, the inspector, with any necessary 
help, may: 
15 (a) with the consent of the occupier of the premises; or 
(b) under a warrant issued under section 69ED; 
enter the premises and: 
(c) search the premises for the thing; and 
(d) if the thing is found, take photographs (including video recordings) 
20 of the premises or thing, take samples of the thing, seize the thing or 
undertake more than one of those activities; and 
(e) give any directions for, or with respect to, the detention of a thing that 
has been seized under paragraph (d). 
"(2) If, in the course of searching, under a warrant issued under 
25 section 69ED, for a particular thing in relation to a particular offence, an 
inspector finds another thing that the inspector believes.. on reasonable 
grounds, to be: 
(a) a thing that may be evidence of the commission of the offence, 
although not the thing stated in the warrant; or 
30 (b) a thing that may be evidence of the commission of another offence 
against this Part; 
and the inspector believes, on reasonable grounds, that it is necessary to seize 
the other thtng in order to prevent its concealment, loss or destruction, or its 
use in committing, continuing or repeating the offence or the other offence, 
35 the warrant is taken to authorise the inspector to seize the other thing. 
Offence-related warrants 
"69ED.(1) An inspector may apply to a magistrate for a warrant under 
this section in relation to particular premises. IP/N/l! ADS/1/ Add.4 
Page 16 
12 Agricultural and Veterinary Chemicals (Consequential 
Amendments) No. 37,1994 
"(2) Subject to subsection (3), a magistrate may issue the warrant in 
accordance with the prescribed form if he or she is satisfied, by information 
on oath, that there are reasonable grounds for suspecting that there is, or may 
be within the next 72 hours, at the premises a particular thing that may be 
evidence of the commission of an offence against this Part. 5 
"(3) A magistrate must not issue a warrant under subsection (2) unless 
the informant or some other person has given to the magistrate, either orally 
or by affidavit, any further information that the magistrate requires about the 
grounds on which the issue of the warrant is being sought. 
"( 4) The warrant must: 
( a) state the nature of the offence; and 
(b) state the purpose for which the warrant is issued; and 
(c) authorise an inspector named in the warrant, with any help, and using 10 
any force, that is necessary and reasonable, to enter the premises and 
exercise the powers referred to in paragraphs 69EC(1)(c), (d) and (e) 15 
in respect of the thing; and 
(d) state whether entry is authorised to be made at any time of the day or 
night or during stated hours of the day or night; and 
(e) state a day, not later than 7 days after the day of issue of the warrant, 
upon which the warrant ceases to have effect. 20 
Announcement before entry 
"69EE.(1) Subject to subsection (2), an inspector who is authorised to 
enter premises under a warrant issued under section 69ED or a person 
helping such an inspector must, before any person enters the premises under 
the warrant: 25 
(a) announce that he or she is authorised by the warrant to enter the 
premises; and 
(b) give any person at the premises an opportunity to allow entry to the 
premIses. 
"(2) The inspector or a person ,helping the inspector does not have to 30 
comply with subsection (1) if he or she believes on reasonable grounds that 
immediate entry to the premises is required to ensure: 
(a) the safety of a person (including the inspector and any person helping 
the inspector); or 
(b) that the effective execution of the warrant is not frustrated. 35 IPINIl! AUS/l/Add.4 
Page 17 
Agricultural and Veterinary Chemicals (Consequential 13 
A.mendments) No. 37,1994 
Details of warrant to be given to occupier 
"69EF.(1) If a warrant under section 69ED in relation to premises is 
being executed and the occupier of the premises or another person who 
apparently represents the occupier is present at the premises, the inspector 
5 or a person helping the inspector must make a copy of the warrant available 
to the occupier or other person. 
"(2) The inspector must identify himself or herself to the person at the 
premises. 
"(3) The copy of the warrant referred to in subsection (1) need not 
10 include the signature of the magistrate who issued the warrant. 
U se of equipment to examine or process things 
"69EG.(1) An inspector who enters premises under section 69EB or 
69EC or a person helping the inspector may bring to the premises any 
equipment reasonably necessary for the examination or processing of things 
15' found at the premises in order to determine whether they are things that may 
be seized under that section. 
"(2) If: 
(a) it is not practicable to examine or process the things at the premises: 
or 
20 (b) the occupier of the premises consents in writing; 
the things may be moved to another place so that the examination or 
. processing can be carried out in order to determine whether they are things 
that may be seized under section 69EB or 69EC, as the case may be. 
"(3) If things containing electronically stored information are moved to 
25 another place for the purpose of examination or processing under 
subsection (2), the inspector must, if it is practicable to do so: 
(a) tell the occupier the address of the place and the time at which the 
examination or processing will be carried out; and 
(b) allow the occupier or a representative of the occupier to be present 
30 during the examination or processing. 
"( 4) The. inspector or a person helping the inspector may operate 
equipment already at the premises to carry out the examination or processing 
of a thing found at the premises in order to determine whether it is a thing 
that may be seized under section 69EB or 69EC, as the case may be, if the 
35 inspector or person helping believes on reasonable grounds that: 
(a) the equipment is suitable for the examination or processing; and 
(b) the examination or processing can be carried out without damage to 
the equipment or the thing. IP/NIl/ AUS/l/ Add.4 
Page 18 
14 Agricultural and Veterinary Chemicals (Consequential 
Amendments) No. 37, 1994 
Use of electronic equipment at premises 
"69EH.(1) Subject to subsection (4), if a thing found at premises that an 
inspector has entered under section 69EB or 69EC is or includes records of 
information in a written or electronic form, the inspector or a person helping 
the inspector may operate. or the inspector may require the occupier or an 5 
employee of the occupier who is present to operate, equipment at the 
premises to see whether:. 
(a) the equipment; or 
(b) a disk, tape or other storage device that: 
(i) is at the premises; and 10 
(ii) can be used with, or is associated with, the equipment; 
contains records that are relevant to determining whether this Part has been 
complied with. 
"(2) If the inspector or a person helping the inspector, after equipment 
at the premises is operated, finds that the equipment contains records of that 15 
kind or that a disk, tape or other storage device at the premises contains 
records of that kind, he or she may: 
(a) seize the equipment or the disk, tape or other storage device; or 
(b) if the records can, by using facilities at the premises, be put in 
documentary form-operate the facilities to put the records in that 20 
form and seize the documents so produced; or 
(c) if the records can be transferred to a disk, tape or other storage device: 
(i) that is brought to the premises; or 
(ii) that is at the premises and ~'hose use for the purpose has been 
agre~'d to in writing by the occupier of the premises; 25 
operate the equipment or other facilities to copy the records to the 
storage device and remove the storage device from the premises. 
H(3) An inspector or person helping an inspector may seize equipment 
under paragraph (2)(a) only if: 
(a) it is not practicable to put the relevant records in documentary form 30 
as mentioned,in paragraph (2)(b) or to copy the records as mentioned 
in paragraph (2)( c); or 
(b) possession by the occupier of the equipment could be an offence. 
"(4) An inspector or a person helping an inspector must not operate 
equipment for the purpose mentioned in subsection (1) unless the inspector 35 
or person helping believes on reasonable grounds that the operation of the 
equipment can be carried out without damage to the equipment. IP/NIl/ AUSIl/ Add.4 
Page 19 
Agricultural and Veterinary Chemicals (Consequential 15 
Amendments) No. 37,1994 
Compensation for damage to electronic equipment 
"69EI.(1) If: 
(a) equipment is damaged because of being operated as mentioned in 
section 69EG or 69EH; and 
5 (b) the damage was caused by: 
(i) insufficient care being exercised in selecting the person who 
was to operate the equipment~ or 
(ii) insufficient care being exercised by the person operating the 
equipment; 
10 the NRA must pay compensation for the damage to the owner of the 
equipment. 
"(2) In determining the amount of compensation payable, regard is to be 
had to whether the occupier of the premises and the employees and agents 
of the occupier, if they were available at the time, had provided any warning 
15 or guidance as to the operation of the equipment that was appropriate in the 
circumstances. 
Copies of seized things to be given 
"69B.(1) Subject to subsection (2), if an inspector who has entered 
premises under section 69EB or 69EC seizes: 
20 (a) a document, film, computer file or other thing that can be readily 
copied; or 
(b) a storage device the information in which can be readily copied; 
the inspector must, if asked to do so by the occupier of the premises or 
another person who apparently represents the occupier and is present when 
25 the seizure takes place, give a copy of the thing or the information to the 
occupier or other person as soon as practicable after the seizure. 
"(2) Subsection (1) does not apply if: 
(a) the thing that has been seized was seized under paragraph 
69EH(2)(b) or ( c); or 
30 (b) possession by the occupier of the document, film, computer file, 
thing or information could be an offence. 
Return of things that are seized 
"69EK.(1) If an inspector seizes a thing under section 69EB or 69EC, 
the inspector ~ust take reasonable steps to return it if the reason for its 
35 seizure no longer exists. 
"(2) If the thing has not been returned before the end of 60 days after its 
seizure, the inspector must take reasonable steps to return it unless: 
(a) proceedings in which the thing may be used in evidence were begun 
before the end of the 60 days and have not been completed (including 
40 an appeal to a court in relation to those proceedings); or lP/NIl/ AUSIl/ Add.4 
Page 20 
16 Agricultural and Veterinary Chemicals (Consequential 
Amendments) lVO. 37, 1994 
(b) the inspector may keep the thing because of an order under 
section 69EL; or 
(c) the inspector is authorised by this Part or by an order of a court to 
keep, destroy or dispose of the thing. 
"(3) If the thing has to be returned. it must be returned to the person from 5 
whom it was seized or, if that person is not entitled to possess it, to the owner. 
"( 4) If there is a dispute as to the ownership of the thing, the inspector 
may keep it until the dispute is resolved. 
"(5) This section has effect subject to sections 69EL and 69ET. 
Court of summary jurisdiction may permit a thing to be kept 10 
"69EL.(1) If: 
(a) before the end of 60 days after an inspector seizes a thing under 
section 69EB or 69EC; or 
(b) before the end of a period previously sta.ted in an order of a court 
under this section in respect of a thing seized by an inspector as 15 
mentioned in paragraph (a); 
proceedings in which the thing may be used in evidence have not been 
brought, the inspector may apply to a court of summary jurisdiction for an 
order that he or she may keep the thing for a further period. 
"(2) If the court is satisfied that it is necessary for the inspector to 20 
continue to keep the thing: 
(a) for the purposes of an investigation as to whether an offence has been 
committed; or 
Cb) to cllabl;! evidence of an offence to be secured for the purposes of a 
pl~)secu(ion; 
the (,0:~rt r~lay order that the inspector may keep the thing for a period stated 
in the ord.':'i. 
~~ i)) If the court thinks that notice of the application should be given to 
8.BY p,;::jon) it may require such a notice to be given before it hears the 
app1lC0.tion. 
Wa.n'aiit~ may be granted by telephone ill urgent circumstances 
';tiYbM.(l) [f) because of drCUinstaIlces of urgency, an inspector 
considt'rs it necessary to do so, the inspector may apply for a warrant under 
:;ubsection 69£D(1), by telephone, in accordance with this section. 30 
"(2: Before so applying, an inspector must prepar!.~ an information of a 35 
kind r·efcrred to In subsection 69ED(2) that sets ont the grounds on which the 
issu~~ of the warrant is being sought, but the inspector may, if it is necessary 
to do so, apply before the information has been sworn. lP/NIl! AUS/l! Add.4 
Page 21 
Agricultural and Veterinary Chemicals (Consequential 17 
Amendments) No. 37, 1994 
"(3) If a magistrate to whom an application under subsection (1) is made 
is satisfied: 
(a) after having considered the terms of the information prepared in 
accordance with subsection (2); and 
5 (b) after having received any further information that the magistrate 
requires about the grounds on which the issue of the warrant is being 
sought; 
that there are reasonable grounds for issuing the warrant, the magistrate must 
complete and sign such a search warrant as the magistrate would have issued 
10 under section 69ED if the application had been made in accordance with that 
section. 
"( 4) If a magistrate signs a warrant under subsection (3): 
(a) the magistrate must notify the inspector of the terms of the warrant 
and the date on which and the time at which it was signed, and write 
15 on it the reasons for the granting of the warrant; and 
(b) the inspector must complete a form of \\rarrant in the terms notified 
to the inspector by the magistrate and write on it the name of the 
magistrate and the date on which and the time at which the warrant 
was signed. 
20 "(5) If an inspector cornpletes a form of warrant in accordance with 
subsection (4), the inspector must, not later than the day after the date on 
which the warrant ended or was executed, whichever is the earlier, send to 
the magistrate who signed the \varrant the form of \varrant completed by the 
inspector and the information duly sworn in connection with the warrant. 
25 "(6) Upon receiving the documents referred to in subsection (5), the 
magistrate must attach to them the \varrant signed by the magistrate and deal 
with the documents in the manner in which the magistrate would have dealt 
with the information if the application for the warrant had been made in 
accordance with section 69ED. 
30 "(7) A form of warrant duly completed by an inspector in accordance 
with subsection (4) is, if it is in accordance with the terms of the warrant 
signed by the magistrate, authority for any entry, search, seizure or direction 
that the warrant so signed authorises. 
"(8) If it.is material. in any proceedings, for a court to be satisfied that 
35 an entry, search, seizure or direction was authorised in accordance with this 
section, and the warrant signed by a magistrate in accordance with this 
section authorising the entry, search, seizure or direction is not produced in 
evidence, the court must assume, unless the contrary is proved, that the entry, 
search, seizure or direction was not authorised by such a warrant. IP/NIl/ AUS/l/ Add.4 
Page 22 
18 Agricultural and Veterinary Chemicals (Consequential 
Amendments) iVO. 37, 1994 
Power of inspector to require information or documents 
·'69EN.(1) Subject to subsection (2), an inspector who has entered 
premises under this Division may, to the extent that it is reasonably necessary 
for the purpose of finding out whether this Part has been complied with, 
require a person to give information to the inspector and to produce any 5 
documents referred to by the inspector. 
"(2) An inspector is not entitled to make a requirement of a person under 
subsection (1) unless the inspector produces his or her identity card for 
inspection by the person. 
"(3) A person must not, without reasonable excuse, refuse or fail to 10 
comply with a requirement made under subsection (1). 
Penalty: 30 penalty units. 
False or misleading information or document 
"69EO. A person must not, in compliance or purported compliance with 
a requirement made by an inspector under this Part, or a provision of this 15 
Part, do either of the following: 
(a) give information (whether orally or in writing) that the person knows 
to be false or misleading in a material particular; 
(b) produce a document that the person knows to be false or misleading 
in a material particular without: 20 
(i) indicating to the person to whom the document is produced 
that it is false or misleading and the respect in which it is false 
or misleading; and 
(ii) providing correct information to that person if the person 
producing the document is in possession of, or can reasonably 25 
acquire, the correct information. 
Penalty: 30 penalty units. 
"Division 4-i~liscellaneous 
Hearings 
"69EP.(1) The NRA may hold hearings for the purposes of the 30 
performance or exercise of any of its functions or powers. 
"(2) Before holding a hearing, the NRA must cause to be published in 
the Gazette, and in any other manner that it thinks appropriate, a notice 
setting out the place and tiine for the hearing. 
"(3) Subject to subsection (4), a hearing is to be held in public. 35 
"(4) The NRA, having regard to the confidential nature of any 
submissions or evidence or for any other reason, may direct that a part of a 
hearing be in private and may determine who may be present. IP/NIl/ AUS/lI Add.4 
Page 23 
Agricultural and Veterinary Chemicals (Consequential 19 
Amendments) No. 37, 1994 
"(5) The NRA may give directions prohibiting or restnctmg the 
publication of submissions or evidence given at a hearing, whether in public 
or in private, or of matters contained in such submissions or evidence or in 
documents produced at such a hearing. 
S "(6) A person must not contravene, without reasonable excuse, a 
direction given under subsection (5). 
Penalty: 20 penalty units. 
"(7) If the NRA directs that a part of a hearing be in private, a person 
must not, without reasonable excuse, be present at that part of the hearing 
10 unless he or she: 
(a) is a director, or the Chief Executive Officer, of the NRA; or 
(b) is a member of the staff of the NRA that the NRA has authorised to 
be present; or 
(c) is entitled to be present because of a determination under 
15 subsection (4). 
Penalty: 20 penalty units. 
"(8) At a hearing the NRA may receive submissions or evidence, in a 
form determined by it, from persons who, in its opinion, are likely to be able 
to help it in the performance or exercise of the functions or powers to which 
20 the bearing relates. 
"(9) A hearing is to be conducted with as little formality and technicality 
as is practicable and the NRA is not bound by the rules of evidence. 
Self-incrimination to be a reasonable excuse for non-compliance with 
. requirement 
25 "69EQ. It is a reasonable excuse for a person to refuse or fail to give 
information, produce a document or do any other thing that the person is 
required to do by or under this Part that the information, the production of 
the document or the doing of that other thing would tend to incriminate the 
person. 
30 Copying of documents 
"69ER. If an inspector inspects a document under section 69EB or seizes 
a document under section 69EC or a person produces a document to an 
inspector in accordance with a requirement under subsection 69EN(1), the 
inspector may make copies of, or take extracts from, the document. 
35 Evidential certificates 
"69ES.(1) This section has effect for the purposes of any legal or 
administrative proceeding under or for the purposes of this Part. lP/NIl! AUS/l/ Add A 
Page 24 
20 Agricultural and Veterinary Chemicals (Consequential 
Amendments) No. 37, 1994 
"(2) A certificate that states a matter referred to in subsection (3) is 
evidence of that matter if it is signed by the Chief Executive Officer of the 
NRA, or by a member of the staff of the NRA whom the NRA has authorised 
to give certificates under this section. 
"(3) The matters that may be stated in a certificate referred to in 5 
subsection (2) are as follows: 
(a) that a substance referred to in the certificate was. or was not. at a 
particular time, or during a particular period, an active constituent, 
or an approved active constituent, for a proposed or existing chemical 
product; 10 
(b) that a chemical product referred to in the certificate was, or was not, 
at a particular time, or during a particular period, a chemical product 
or a registered chemical product; 
(c) that a person named in the certificate was an inspector at a particular 
time or during a particular period; 15 
(d) that a notice, direction or requirement referred to in the certificate 
was given at a particular time to a particular person under this Part. 
"( 4 ) Unless the contrary is proved, a document purporting to be a 
certificate referred to in subsection (2) is taken to be such a certificate and 
to have been duly given. 20 
Forfeiture 
"69E'T.(1) If a person is convicted of an offence against this Part in 
respect of a thing that the court finds to be the property of that person, the 
court may order all or any part of the thing to be forfeited to the NRA. 
"(2) If the court makes an order under subsection (1) in respect of, or in 25 
respect of part of, a thing, the thing, or that part of the thing, as the case may 
be, becomes the property of the NRA and may be dealt with or disposed of 
in any manner that the NRA considers appropriate. 
Conduct by directors, servants and agents 
"69EU.(1) Subject to subsection (2), in proceedings against a body 30 
corporate for an offence against this Part: 
(a) any conduct engaged in by a director, servant or agent of the body 
corporate within the actual or apparent scope of his or her 
employment or within his or her actual or apparent authority is taken 
to have been engaged in also by the body corporate; and 35 
(b) it is taken to be established that conduct (the 'relevant conduct') was 
engaged in by the body corporate intentionally, knowingly or 
recklessly if it is proved: 5 
10 lP/NIl! AUSIlI Add.4 
Page 25 
.4.gncuitural and Veterinary Chemicals (Consequential 21 
Amendments) /'10.37.1994 
(i) that the directors of the body corporate intentionally, 
knowingly or recklessly engaged in the relevant conduct or 
expressly, tacitly or impliedly authorised or permitted the 
relevant conduct to be engaged in; or 
(ii) that a servant or agent of the body corporate with duties of such 
responsibility that his or her conduct may fairly be assumed to 
represent the policy of the body corporate intentionally, 
knowingly or recklessly engaged in the relevant conduct or 
expressly, tacitly or impliedly authorised or permitted the 
relevant conduct to be engaged in. 
"(2) Subparagraph (1 )(b )(ii) does not apply if the body corporate proves 
that it exercised due diligence to prevent the relevant conduct. 
"(3) Subject to subsection (4), in proceedings against an individual for 
an offence against this Part: 
15 (a) any conduct engaged in by a servant or agent of the individual within 
the actual or apparent scope of his or her employment or within his 
or her actual or apparent authority is taken to have been engaged in 
also by the individual; and 
(b) it is taken to be established that conduct (the 'relevant conduct') was 
20 engaged in by the individual intentionally, knowingly or recklessly 
if it is proved that a servant or agent of the individual with duties of 
such responsibility that his or her conduct may fairly be assumed to 
represent the policy of the individual intentionally, knowingly or 
recklessly engaged in the relevant conduct or expressly, tacitly or 
25 impliedly authorised or permitted the relevant conduct to be engaged 
m. 
"(4) Paragraph (3)(b) does not apply if the individual proves that he or 
she exercised due diligence to prevent the relevant conduct. 
"(5) If: 
30 ( a) an individual is convicted of an offence against this Part; and 
(b) the individual would not have been convicted of that offence if 
subsections (3) and (4) had not been enacted; 
the individual is not liable to be punished by imprisonment for that offence. 
"(6) A reference in this section to engaging in conduct includes a 
35 reference to failing or refusing to engage in conduct.". 
Insertion of new sections 
18. Before section 70 of the Principal Act the following sections are 
inserted in Part 8: IPINIl! AUS/l! Add.4 
Page 26 
22 Agricultural and Veterinary Chemicals (Consequential 
Amendments) No. 37, 1994 
Appointment of inspectors 
"69F.(1) The NRA may, by wntmg, appoint members of its staff, 
persons appointed or employed under the Public Service Act 1922, or other 
persons having appropriate qualifications. to be inspectors for the purposes 
of a relevant law referred to in the document of appointment. 5 
"(2) If: 
(a) a Department of State of a State; or 
(b) a Department or administrative unit of the Public Service of a 
participating Territory; or 
( c) an authority of a State or of a participating Territory; 10 
has functions relating to agricultural or veterinary chemicals, the Chief 
Executive Officer may, by signed writing, authorise officers of the 
Department, administrative unit or authority to exercise the powers and 
perform the functions of inspectors for the purposes of a particular relevant 
law. 15 
"(3) An inspector is a Commonwealth officer for the purposes of 
sections 70, 71, 72, 73, 74, 75 and 76 of the Crimes Act 1914. 
"( 4) The NRA must cause to be issued to each person who is an inspector 
for the purposes of a relevant law an identity card which states the name of 
the person and the fact that the person is an inspector for the purposes of that 20 
law and to which is attached a photograph of the person taken within the 
3 years before the identity card is issued. 
"(5) A person who has ceased to be an inspector must, as soon as 
practicable, unless the person has a reasonable excuse for not doing so, return 
to the NRA the identity card issued to him or her under this section. 25 
Penalty: One penalty unit. 
"( 6) In this section: 
'relevant law' means: 
( a) this Act; or 
(b) the Agvet Codes; or 30 
(c) any other Act providing for the collection of a levy imposed in 
respect of the disposal of chemical products. 
Approval of analysts ' 
"69G.(1) The NRA may, by writing, appoint persons whom it considers 
to have appropriate qualifications and experience to be approved analysts for 35 
the purposes of the Agvet Codes. 
"(2) The NRA must cause the name, and the address of the place of 
business, of each approved analyst to be published in the Gazette. IP/N/l! AUS/l/ Add A 
Page 27 
Agricultural and Veterinary Chemicals (Consequential 23 
Amendments) It/o. 37, 1994 
Exemptions from liability for damages 
"69H.(1) Subject to subsection (3), no action, suit or other proceeding 
for damages lies against the Commonwealth, the NRA, or any other 
Commonwealth authority, or a person who is or has been an officer or 
5 employee of the Commonwealth, of the NRA or of any other 
Commonwealth authority, or is or has been a delegate of the NRA, a director 
of the NRA, a consultant to the NRA, an inspector, or a mediator or arbitrator 
appointed by the NRA under any of the Agvet Codes, for any loss or injury 
directly or indirectly suffered as a result of: 
10 (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 
15 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 
20 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 
25 . (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 
30 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 
35 in resp.ect 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 
40 NRA or such a licence that was previously granted by the NRA 
has been suspended or cancelled; or IP/NIl/ AUS/ 1/ Add A 
Page 28 
24 Agricultural and Veterinary Chemicals (Consequential 
Amendments) No. 37. 1994 
(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: 5 
(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 10 
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, 15 
it is not a defence to that action, suit or other proceeding that the NRA had 
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) This section does not affect section 75ALofthe TradePracticesAct 20 
1974. 
"( 4) Expressions used in this section have the same meanings as in the 
Code set out in the Schedule to the Agricultural and Veterinary Chemicals 
Code Act 1994. 
Documents or substances held by NRA at commencement 25 
of Agvet Codes 
"691. Any documents or substances that were in the possession or 
custody of the NRA under the Agricultural and Veterinary Chemicals Act 
1988 immediately before the repeal of that Act are taken to be in the 
possession or custody of the NRA under the Agvet Codes.". 30 
Delegation by Minister 
19. Section 71 of the Principal Act is amended by omitting 
paragraph (l)(a) and substituting the following paragraph: 
"( a) the powers conferred on the Minister under this Act, the 
Agricultural and Veterinary Chemicals Act 1994, the Agricultural 35 
and Veterinary Chemicals Code Act 1994 or the Agvet Codes or the 
Agvet Regulations; or". 
Agreements etc.-Minister may make arrangements 
20. Section 76 of the Principal Act is amended by omitting from 
paragraph (b) "agricultural or veterinary". 40 IP/NIl/ AUSIl/Add.4 
Page 29 
Agricultural and Veterinary Chemicals (Consequential ,::;: 
Amendments) .'10. 37, 1994 
PART 3-CONSEQUENTIAL A.J.\1ENDMENTS OF THE 
COPYRIGHT ACT 1968 
Principal Act 
21. In this Part, "Principal Act" means the Copyright Act 19682. 
5 Interpretation 
22. Section 10 of the Principal Act is amended by inserting in subsection 
(1) the following definitions: 
" 'approved label' means a label approved under: 
(a) Part 2 of the Agvet Code of a State or of the Northern Territory; or 
10 (b) Part 2 of the Agvet Code of the participating Territories within the 
meaning of the Agricultural and Veterinary Chemicals Act 1994: 
'chemical product' has the same meaning as in the Schedule to the 
Agricultural and Veterinary Chemicals Code Act 1994;". 
Insertion of new section 
15 23. After section 44A of the Principal Act the following section is 
inserted in Division 3 of Part Ill: 
Reproduction of writing on approved label for containers 
for chemical product 
"44B. The reproduction on a label on a container for a chemical product 
20 of any writing appearing on an approved label is not an infringement of any 
copyright subsisting under this Part in relation to that 'WTIting. ", 
Insertion of new section 
24. After section 112A of the Principal Act the follo\ving section is 
inserted in Division 6 of Part IV: 
25 Reproduction of writing on approved label for containers 
for chemical product 
"112B. The reproduction on a label on a container for a chemical 
product of any writing appearing on an approved label is not an infringement 
of any copyright subsisting under section 92 in relation to that wTiting, ", IPINIII AUS/lIAdd.4 
Page 30 
26 Agricultural and Veterinary Chemicals (Consequential 
Amendments) J.Vo. 37, 1994 
NOTES 
1. No. 262. 1992. as amended. 
2. No. 66. 1968. as amended. For previous amendments, see No. 261, 1973; No. 91, 
1976; No. 160,1977: No. 19, 1979; No. 154, 1980; Nos. 42, 61 and 113,1981; Nos. 
26,80 and 154, 1982; Nos. 7,80, 91 and 136, 1983; Nos. 43 and 165, 1984; Nos. 
65 and 67, 1985; Nos. 78 and 168, 1986; No. 23, 1987; No. 146, 1988; Nos. 28 and 
32, 1989; Nos. 174 and 180, 1991; Nos. 105 and 167, 1992; and No. 107, 1993. 
[Minister s second reading speech made in-
House of Representatives on 16 December 1993 
Senate on 8 February 1994 J 
Printed by Authority by the Commonwealth Government Printer (123/93) 