House debates

Wednesday, 15 May 2013

Bills

Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012; Consideration in Detail

1:21 pm

Photo of Sid SidebottomSid Sidebottom (Braddon, Australian Labor Party, Parliamentary Secretary for Agriculture, Fisheries and Forestry) Share this | Hansard source

I present a supplementary explanatory memorandum to the bill. I ask leave of the House to move government amendments (1) to (34) on sheet BX240 and amendments (1) to (8) on sheet BT247 as circulated together.

Leave granted.

I move government amendments (1) to (34) on sheet BX240 and amendments (1) to (8) on sheet BT247 as circulated together:

(1) Schedule 1, page 6 (after line 23), after item 17, insert:

17A Subsection 3(1) of the Code set out in the Schedule

  Insert:

  lodged, in relation to an application under this Code, has the meaning prescribed by the regulations.

(2) Schedule 1, item 26, page 8 (line 18), omit "(iv)", substitute "(iva)".

(3) Schedule 1, item 27, page 9 (line 7), after "residues", insert ", including metabolites and degradation products,".

(4) Schedule 1, item 27, page 9 (after line 20), after subparagraph 5A(2)(a)(vi), insert:

     (via) whether the constituent conforms, or would conform, to any standard made for the constituent under section 6E to the extent that the standard relates to matters covered by subsection (1);

(5) Schedule 1, item 27, page 9 (line 26), after "residues", insert ", including metabolites and degradation products,".

(6) Schedule 1, item 27, page 9 (after line 37), after subparagraph 5A(3)(a)(vi), insert:

     (via) whether the product conforms, or would conform, to any standard made for the product under section 6E to the extent that the standard relates to matters covered by subsection (1);

(7) Schedule 1, item 27, page 10 (lines 21 to 25), omit subsection 5B(1), substitute:

(1) A chemical product meets the efficacy criteria if use of the product, in accordance with instructions approved, or to be approved, by the APVMA for the product or contained in an established standard, is, or would be, effective according to criteria determined by the APVMA by legislative instrument.

(8) Schedule 1, item 27, page 10 (after line 35), after paragraph 5B(2)(c), insert:

  (ca) whether the product conforms, or would conform, to any standard made for the product under section 6E to the extent that the standard relates to matters covered by subsection (1);

(9) Schedule 1, item 27, page 11 (after line 19), after paragraph 5C(2)(b), insert:

  (ba) whether the product conforms, or would conform, to any standard made for the product under section 6E to the extent that the standard relates to matters covered by subsection (1);

(10) Schedule 1, item 27, page 12 (line 12), at the end of subsection 5D(2), add:

  ; (c) whether the label conforms, or would conform, to any standard made for the label under section 6E to the extent that the standard relates to matters covered by subsection (1).

(11) Schedule 1, item 28, page 12 (line 29), at the end of paragraph 6A(3)(b), add:

     ; and (vi) the reconsideration of approvals and registrations.

(12) Schedule 1, item 28, page 13 (after line 13), after section 6D, insert:

6E APVMA may make standards

(1) The APVMA may, by legislative instrument, make standards for the following:

  (a) constituents for chemical products;

  (b) chemical products;

(c) labels for containers for chemical products.

(2) A standard made under subsection (1) may apply, adopt or incorporate, with or without modification, any matter contained in any instrument or other writing as in force at a particular time or as in force from time to time.

(13) Schedule 1, item 29, page 18 (lines 9 to 12), omit section 8K, substitute:

8K Confidential commercial information must not be disclosed under certain provisions

(1) Engaging in conduct in the performance of functions or duties, or the exercise of powers, under any of the following provisions does not authorise the disclosure of confidential commercial information whose disclosure would otherwise be prohibited by section 162:

  (a) subsection 8F(2);

  (b) subsection 8S(2);

(c) subsection 17(4) or (5);

  (d) subsection 18(4) or (5);

(e) subsection 34AB(2);

  (f) subsection 34AC(2);

(g) subsection 47B(4).

(2) Subsection (1) has effect despite subsection 162(1A).

(14) Schedule 1, item 32, page 29 (after line 30), at the end of section 14A, add:

(3) If the APVMA approves an active constituent under this section without an application having been made for the approval, the APVMA must, under paragraph 19(1)(a), be entered in the Record as the holder of the approval.

(15) Schedule 1, page 31 (after line 8), after item 41, insert:

41A Subsection 15(2) of the Code set out in the Schedule

  Omit all the words after "in relation", substitute:

     to:

  (a) an active constituent that is exempted by the APVMA from the operation of that subparagraph; or

  (b) an active constituent for a listed chemical product if the product complies with the established standard for the product.

(16) Schedule 1, page 31 (after line 10), after item 42, insert:

42A Subsection 17(4) of the Code set out in the Schedule

  Omit "that does not contain confidential commercial information".

42B At the end of subsection 17(4) of the Code set out in the Schedule

  Add:

Note: This subsection does not authorise the disclosure of confidential commercial information whose disclosure would otherwise be prohibited by section 162: see section 8K.

42C Subsection 17(5) of the Code set out in the Schedule

  Omit "that does not contain confidential commercial information".

42D At the end of subsection 17(5) of the Code set out in the Schedule

  Add:

Note: This subsection does not authorise the disclosure of confidential commercial information whose disclosure would otherwise be prohibited by section 162: see section 8K.

(17) Schedule 1, page 31, after proposed item 42D, insert:

42E Subsection 18(4) of the Code set out in the Schedule

  Omit "that does not contain confidential commercial information".

42F At the end of subsection 18(4) of the Code set out in the Schedule

  Add:

Note: This subsection does not authorise the disclosure of confidential commercial information whose disclosure would otherwise be prohibited by section 162: see section 8K.

42G Subsection 18(5) of the Code set out in the Schedule

  Omit "that does not contain confidential commercial information".

42H At the end of subsection 18(5) of the Code set out in the Schedule

  Add:

Note: This subsection does not authorise the disclosure of confidential commercial information whose disclosure would otherwise be prohibited by section 162: see section 8K.

(18) Schedule 1, item 43, page 33 (after line 22), after subparagraph 21(c)(iv), insert:

     (iva) any other particulars prescribed by the regulations;

(19) Schedule 1, item 44, page 40 (line 34), at the end of subsection 29A(2), add:

  ; and (d) that the constituent, product or label complies, or will comply, with any requirement prescribed by the regulations.

(20) Schedule 1, page 78 (after line 10), after item 201, insert:

201A After subparagraph 162(3)(c)(i) of the Code set out in the Schedule

  Insert:

     (ia) the authorising party for the information; or

(21) Schedule 1, item 202, page 78 (line 14), omit "applicant or holder concerned", substitute "authorising party for the information".

(22) Schedule 1, item 203, page 78 (line 17), omit "applicant or holder concerned", substitute "authorising party for the information".

(23) Schedule 1, item 204, page 78 (lines 19 and 20), omit "applicant or holder concerned", substitute "authorising party for the information".

(24) Schedule 1, item 205, page 78 (line 22), omit "applicant or holder", substitute "authorising party".

(25) Schedule 1, item 221, page 81 (lines 19 to 32), omit the item, substitute:

221 After subsection 166(1) of the Code set out in the Schedule

  Insert:

  (1A) This section also applies if:

  (a) a decision (the original decision) on a particular matter (the relevant matter) has been made under this Code on behalf of the APVMA by a member of the staff of the APVMA; and

  (b) the original decision is:

     (i) a decision under subsection 14(2), 26C(2), 29(2), 29E(3) or 115(3B) to refuse an application based only on requirements set out in paragraph 8A(a) or (b); or

     (ii) a decision under subsection 112(3) to refuse an application based only on requirements set out in paragraph 8A(a) or (b) or a requirement made by the APVMA under subparagraph 111(1)(b)(iii); or

     (iii) a decision under subsection 123(1A) to refuse an application based only on requirements set out in subsection 122(1); and

(c) if the original decision were reviewable by the Administrative Appeals Tribunal, a person would be entitled to apply to the Administrative Appeals Tribunal for review of the original decision.

221A Subsection 166(2) of the Code set out in the Schedule

  After "by writing", insert "within 42 days after the original decision is made".

(26) Schedule 1, item 223, page 82 (lines 3 and 4), omit the item, substitute:

223 Subsection 166(6) of the Code set out in the Schedule

  Repeal the subsection, substitute:

(6) If the APVMA has not given notice under subsection (4) of its decision on the reconsideration within 90 days after the request is made, the person who made the request may, by writing, notify the APVMA that the person considers that the APVMA has confirmed the original decision.

(7) If the person so notifies the APVMA, the decision on the reconsideration is taken to be a decision to confirm the original decision.

(27) Schedule 1, page 83 (after line 17), after item 232, insert:

232A At the end of paragraph 167(1)(n) of the Code set out in the Schedule

  Add "other than a decision based only on requirements set out in paragraph 8A(a) or (b)".

(28) Schedule 1, page 83 (after line 22), after item 233, insert:

233A At the end of paragraph 167(1)(q) of the Code set out in the Schedule

  Add "other than a decision based only on requirements set out in subsection 122(1)".

(29) Schedule 1, page 83 (after line 26), after item 235, insert:

235A At the end of subsection 167(1) of the Code set out in the Schedule

  Add:

  ; (y) a decision under this Code prescribed by the regulations.

(30) Schedule 3, page 110 (after line 8), after item 58, insert:

58A Subsection 69E(2)

  Omit all the words after "does not", substitute:

     apply:

  (a) in relation to an active constituent or chemical product prescribed by the regulations; or

  (b) to a person in respect of a particular year ending on 30 June if the total quantity of the active constituents that were, or were included in chemical products that were, imported, manufactured or exported by the person during that year was not greater than a quantity prescribed by the regulations for the purposes of this section.

(31) Schedule 3, item 59, page 110 (line 15), omit "matter", substitute "matters".

(32) Schedule 3, item 142, page 176 (line 1), omit "(4)", substitute "(3)".

(33) Schedule 3, item 263, page 197 (lines 15 and 16), omit the item, substitute:

263 Subsections 121(1) and (2)

  Repeal the subsections.

(34) Schedule 6, page 287 (before line 33), before item 35, insert:

34A Paragraph 6(2)(a)

  Omit all the words after "approval of standards", substitute:

     for:

     (i) constituents for chemical products; and

     (ii) chemical products; and

     (iii) labels for containers for chemical products; or

(1) Clause 2, page 2 (table item 2), omit the table item, substitute:

(2) Clause 4, page 2 (line 23), omit "1 July 2018", substitute "1 July 2019".

(3) Page 2 (after line 23), after clause 4, insert:

5 Review of prescribed matters

(1) The Minister must cause a review to be conducted of matters relating to the powers and functions of the APVMA that are prescribed by the regulations.

(2) The person conducting the review must give the Minister a report of the review in accordance with the regulations.

(3) This section, and any regulations made for the purposes of this section, cease to have effect 5 years after the day this Act receives the Royal Assent.

6 Regulations for section 5

(1) The Governor-General may make regulations prescribing matters:

  (a) required or permitted by section 5 to be prescribed; or

  (b) necessary or convenient to be prescribed for carrying out or giving effect to section 5.

(2) Without limiting subsection (1), regulations may deal with any or all of the following:

  (a) the terms of reference for the review;

  (b) when the review is to be conducted;

(c) how the review is to be conducted;

  (d) the publication of the report of the review.

(3) This section ceases to have effect 5 years after the day this Act receives the Royal Assent.

(4) Schedule 1, item 4, page 4 (line 27), omit ", the trade criteria and the efficacy criteria", substitute "and the trade criteria".

(5) Schedule 1, page 5 (after line 33), after item 10, insert:

10A Subsection 3(1) of the Code set out in the Schedule

  Insert:

  instructions approved by the APVMA includes authorisations and requirements (however described) set out in a permit.

(6) Schedule 1, page 55 (after line 17), after item 78, insert:

78A Subparagraph 78(1)(c)(vi) of the Code set out in the Schedule

Omit "or listed registration".

(7) Schedule 1, items 172 and 173, page 74 (lines 11 to 17), omit the items, substitute:

172 Subsection 159(3)

  Repeal the subsection.

(8) Schedule 4, page 273 (after line 8), after item 45, insert:

45A Paragraph 60(1)(b)

  Omit "paragraph 59(2)(c)", substitute "subsection 59(2)".

We are proposing amendments to the bill to address some of the views that have been raised by members, stakeholders and through the committee reviews that have been associated with this bill. Again we are reinforcing that this is about safety, both for those who use it and for the environment itself.

The government considered the recommendations of the committees and indeed of the Greens minority report, exploring amendments, for example, that might better achieve mutual objectives for our reform. One amendment is required as part of the government's response. It will make clear that the toxicity of chemical degradation products and metabolites must be considered when the authority assesses the safety of a chemical. We are also moving amendments to commencement provisions, delaying introduction of these reforms until 1 July 2014. This will not compromise achieving our objectives for the reform and responds appropriately to what we heard in this place and otherwise from stakeholders. The change will also give the regulator greater time to explain clearly what the risk compendium means to applicants and to communicate appropriately with the industry about implementation.

Also in response to industry concern, we have moved amendments to provide regulations to require the Minister for Agriculture, Fisheries and Forestry to cause a review to be conducted of any matter about chemicals regulation that relates to the functions and powers of the authority that is prescribed in the regulations. Other proposed amendments will require the authority to make guidelines for the way it completes reviews of chemical approvals registrations and addresses some other technical concerns. Several amendments correct provisions dealing with internal and Administrative Appeals Tribunal merits review of decisions to remove inconsistencies and increase opportunities for review. Amendments further address the need for efficiency in regulating agvet chemicals by providing that a person may apply to the regulator for copies of any information in the record of register that a person is entitled to. Further amendments allow for reduction in red tape associated with providing annual returns et cetera.

A definition about the instructions the authority approves has been included in the bill to make sure instructions and conditions using a chemical under a permit are taken into account when considering the safety, efficacy or trade criteria. Other minor amendments will make amendments to repeal provisions where appropriate and to correct a few minor errors made in the drafting of the bill.

Question agreed to.

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