Document ID: chunk:federal_register_of_legislation:C2004A04554:body:0:p2
Version: federal_register_of_legislation:C2004A04554
Segment Type: other
Provision Reference: 
Character Range: 2740–5415

to the formulation and labelling of agricultural and veterinary chemical products.".

Powers

  7. Section 10 of the Principal Act is repealed.

Minister may give directions

  8. Section 11 of the Principal Act is repealed.

Disclosure of confidential commercial information

  9. Section 20 of the Principal Act is amended:

     (a)     by omitting from subsections (1) and (3) "a member or member of the staff of the Council or a member of a committee," and substituting "a person to whom this section applies";

     (b)    by adding at the end of subsection (10) the following definition:

   " 'person to whom this section applies' means:

       (a)     a member of the former Council; or

       (b)     a member of the staff of the former Council; or

       (c)     a member of a committee of the former Council; or

       (d)     a director of the NRA; or

       (e)     the Chief Executive Officer of the NRA; or

       (f)      a member of the staff of the NRA; or

       (g)     a consultant to the NRA; or

       (h) a member of a committee of the NRA.".

Repeal of Part IV

  10. Part IV of the Principal Act is repealed.

Delegation

  11.    Section 44 of the Principal Act is repealed.

12.    Section 45 of the Principal Act is repealed and the following section is substituted:

Exemption from suit

"45.(1) No action or proceeding lies against the Commonwealth or a person to whom this section applies for any loss or injury directly or indirectly sustained:

    (a)     because of the use of a chemical product in respect of which a clearance has been granted by the former Council or by the NRA; or

    (b)    because of an inability to use, or to use in a particular manner, a chemical product in respect of which a clearance, or a clearance permitting its use in that particular manner, has been refused by the former Council or the NRA.

"(2) If an action has, whether before or after the commencement of this section, been instituted against a person responsible for the manufacture, distribution or sale of a chemical product in respect of

which a clearance has been granted by the former Council or the NRA in relation to an injury directly or indirectly sustained because of the use of that product, it is not a defence to that action that a clearance was so granted in respect of the product.

  "(3) In this section:

'person to whom this section applies' means:

  (a)     a member of the former Council; or

  (b)     a member of the staff of the former Council; or

  (c)     a member of a committee of the former Council; or

  (d)     a director of the NRA; or

  (e)     the Chief Executive Officer of the NRA; or

  (f)      a