Agricultural and Veterinary Chemicals (Victoria) (Amendment) Act 2001

i Agricultural and Veterinary Chemicals (Victoria) (Amendment) Act 2001 Act No. 39/2001 TABLE OF PROVISIONS Section Page 1. Purpose 1 2. Commencement 1 3. Principal Act 2 4. Definitions 2 5. New Part 5 substituted 2 PART 5—APPLICATION OF COMMONWEALTH ADMINISTRATIVE LAWS TO AGVET CODE AND AGVET REGULATIONS OF THIS JURISDICTION 2 15. Object 2 16. Application of Commonwealth administrative laws in relation to applicable provisions 3 17. Duties, functions and powers conferred on Commonwealth officers and authorities 4 18. Reference in Commonwealth administrative law to a provision of another law 4 18A. Construction of references to Part IVA of Commonwealth AAT Act 4 6. New sections 28A and 28B inserted 5 28A. Inspectors and analysts 5 28B. Validation of actions of inspectors and analysts 5 7. New section 31A inserted 6 31A. Supreme Court—limitation of jurisdiction 6 8. New section 33A inserted 6 33A. Transitional provision—Agricultural and Veterinary Chemicals (Victoria) (Amendment) Act 2001 6 ═══════════════ ENDNOTES 8 -- 1 of 9 -- 1 Agricultural and Veterinary Chemicals (Victoria) (Amendment) Act 2001 † [Assented to 27 June 2001] The Parliament of Victoria enacts as follows: 1. Purpose The purpose of this Act is to amend the Agricultural and Veterinary Chemicals (Victoria) Act 1994 with respect to the functions and powers of certain Commonwealth authorities and officers of the Commonwealth. 2. Commencement Victoria No. 39 of 2001  -- 2 of 9 -- Act No. 39/2001 Agricultural and Veterinary Chemicals (Victoria) (Amendment) Act 2001 2 This Act comes into operation immediately before section 4(1) of the Co-operative Schemes (Administrative Actions) Act 2001 comes into operation. 3. Principal Act In this Act, the Agricultural and Veterinary Chemicals (Victoria) Act 1994 is called the Principal Act. 4. Definitions In section 3(1) of the Principal Act insert the following definitions— ' "confer" includes impose; "function" includes a duty;'. 5. New Part 5 substituted For Part 5 of the Principal Act substitute— "PART 5—APPLICATION OF COMMONWEALTH ADMINISTRATIVE LAWS TO AGVET CODE AND AGVET REGULATIONS OF THIS JURISDICTION 15. Object The object of this Part is to help ensure that the Agvet Code of this jurisdiction and the Agvet Code of each other jurisdiction are administered on a uniform basis. See: Act No. 73/1994. Reprint No. 1 as at 11 March 1999 and amending Act Nos 22/2000 and 74/2000. LawToday: www.dms. dpc.vic. gov.au -- 3 of 9 -- Act No. 39/2001 Agricultural and Veterinary Chemicals (Victoria) (Amendment) Act 2001 3 16. Application of Commonwealth administrative laws in relation to applicable provisions (1) The Commonwealth administrative laws apply as laws of this jurisdiction to any matter arising in relation to the applicable provisions of this jurisdiction as if those provisions were laws of the Commonwealth and were not laws of this jurisdiction. (2) The provisions of the Agvet Code of this jurisdiction that require the NRA to give brief particulars of reasons for decisions do not affect the obligations of the NRA under section 28 of the Administrative Appeals Tribunal Act 1975 of the Commonwealth as that section applies as a law of this jurisdiction under sub-section (1) of this section. (3) The provisions of the Agvet Code of this jurisdiction that relate to the disclosure of confidential commercial information do not affect the operation of the Freedom of Information Act 1982 of the Commonwealth as that Act applies as a law of this jurisdiction under sub-section (1) of this section. (4) For the purposes of a law of this jurisdiction, a matter arising in relation to the applicable provisions of this jurisdiction— (a) is taken to be a matter arising in relation to laws of the Commonwealth in the same way as if those provisions were laws of the Commonwealth; and (b) is taken not to be a matter arising in relation to laws of this jurisdiction. s. 5 -- 4 of 9 -- Act No. 39/2001 Agricultural and Veterinary Chemicals (Victoria) (Amendment) Act 2001 4 (5) Sub-section (4) has effect for the purposes of a law of this jurisdiction except as prescribed by regulations under section 32. 17. Duties, functions and powers conferred on Commonwealth officers and authorities (1) A Commonwealth administrative law applying because of section 16 that confers on a Commonwealth officer or authority a function or power also confers on the officer or authority the same function or power in relation to a matter arising in relation to an applicable provision of this jurisdiction. (2) In performing a function or exercising a power conferred by sub-section (1), the Commonwealth officer or authority must act as nearly as practicable as the officer or authority would act in performing or exercising the same function or power under the Commonwealth administrative law. 18. Reference in Commonwealth administrative law to a provision of another law For the purposes of section 16, a reference in a Commonwealth administrative law to a provision of that or another Commonwealth administrative law is taken to be a reference to that provision as applying because of that section. 18A. Construction of references to Part IVA of Commonwealth AAT Act For the purposes of section 16, a reference in a provision of the Administrative Appeals Tribunal Act 1975 of the Commonwealth (as that provision applies as a law of this jurisdiction) to the whole or any part of Part IVA of that Act is taken to be a s. 5 -- 5 of 9 -- Act No. 39/2001 Agricultural and Veterinary Chemicals (Victoria) (Amendment) Act 2001 5 reference to the whole or any part of that Part as it has effect as a law of the Commonwealth.". 6. New sections 28A and 28B inserted After section 28 of the Principal Act insert— '28A. Inspectors and analysts (1) In this section— "officer" means— (a) an inspector appointed under section 69F(1) of the Agricultural and Veterinary Chemicals (Administration) Act; or (b) an analyst approved under section 69G of the Agricultural and Veterinary Chemicals (Administration) Act. (2) An officer has, in respect of a matter arising in relation to an applicable provision of this jurisdiction, the functions and powers conferred or expressed to be conferred on him or her under the applicable provisions of this jurisdiction. 28B. Validation of actions of inspectors and analysts (1) In this section— "officer" has the same meaning as in section 28A; "relevant section" means section 6 of the Agricultural and Veterinary Chemicals (Victoria) (Amendment) Act 2001; "relevant time", in relation to a thing, means the time at which the thing was s. 6 -- 6 of 9 -- Act No. 39/2001 Agricultural and Veterinary Chemicals (Victoria) (Amendment) Act 2001 6 done or omitted to be done or purported to have been done or omitted to be done. (2) Anything done or omitted to be done by an officer before the commencement of the relevant section that would have been validly done or omitted had the relevant section commenced before the relevant time has, and is deemed always to have had, the same force and effect as it would have had if the relevant section had commenced before the relevant time. Note: Part 2 of the Co-operative Schemes (Administrative Actions) Act 2001 applies to administrative actions taken by an officer as affected by this section.'. 7. New section 31A inserted After section 31 of the Principal Act insert— "31A. Supreme Court—limitation of jurisdiction It is the intention of section 28B to alter or vary section 85 of the Constitution Act 1975.". 8. New section 33A inserted In Part 8 of the Principal Act, after section 33 insert— "33A. Transitional provision—Agricultural and Veterinary Chemicals (Victoria) (Amendment) Act 2001 Part 5 of this Act, as substituted by section 5 of the Agricultural and Veterinary Chemicals (Victoria) (Amendment) Act 2001, applies in relation to matters arising in relation to the applicable provisions of this jurisdiction, and decisions made or other things done or omitted to be done under the s. 7 -- 7 of 9 -- Act No. 39/2001 Agricultural and Veterinary Chemicals (Victoria) (Amendment) Act 2001 7 Commonwealth administrative laws in respect of such matters, before, on or after the commencement of that section.". ═══════════════ s. 8 -- 8 of 9 -- Act No. 39/2001 Agricultural and Veterinary Chemicals (Victoria) (Amendment) Act 2001 8 ENDNOTES † Minister's second reading speech— Legislative Assembly: 17 May 2001 Legislative Council: 14 June 2001 The long title for the Bill for this Act was "to amend the Agricultural and Veterinary Chemicals (Victoria) Act 1994 with respect to the functions and powers of certain Commonwealth authorities and officers of the Commonwealth and for other purposes." Constitution Act 1975: Section 85(5) statement: Legislative Assembly: 17 May 2001 Legislative Council: 14 June 2001 Absolute majorities: Legislative Assembly: 12 June 2001 Legislative Council: 20 June 2001 Endnotes -- 9 of 9 --