Document ID: chunk:federal_register_of_legislation:C2004A05073:schedule:2:p1
Version: federal_register_of_legislation:C2004A05073
Segment Type: schedule
Provision Reference: sch 2 (pt 1/3)
Character Range: 5127–8185

Schedule 2—Amendment of the Agricultural and Veterinary Chemicals (Administration) Act 1992

1 Section 9A

   Repeal the section, substitute:

       9A NRA to comply with policies of Governments of Commonwealth, States and participating Territories

       If there is an agreement in force between the Government of the Commonwealth and the Governments of all or any of the States and participating Territories for the purposes of this Act and the Agvet Codes, the NRA must, in the performance of its functions and the exercise of its powers, comply with any policies of those Governments determined under the agreement.

2 Paragraph 10(2)(a)

   Omit "of the Governments of the Commonwealth, the States and the participating Territories that are determined under an agreement".

3 Paragraph 58(2)(a)

   After "Commonwealth", insert "under this Act,".

4 Subsection 69C(1)

   After "agreement", insert "or arrangement".

5 Paragraph 69C(2)(a)

   Omit "the NRA" (first occurring), substitute "a relevant agency".

6 Subparagraph 69C(2)(a)(i)

   After "agreement", insert "or arrangement".

7 Subparagraph 69C(2)(a)(iii)

   Omit "NRA", substitute "agency".

8 Subsection 69C(3)

   Omit "The NRA", substitute "A relevant agency".

9 Subsection 69C(4)

   Omit "The NRA may", substitute "A relevant agency may".

10 Subsection 69C(4)

   Omit "NRA" (second occurring), substitute "agency".

11 Paragraph 69C(4)(a)

   Repeal the paragraph, substitute:

       (a) the terms of the relevant international agreement or arrangement; and

12 Subsection 69C(5)

   Omit "for a contravention of this subsection".

13 At the end of section 69C

   Add:

   (6) In this section:

     relevant agency means the Department or NRA.

Note: The heading to section 69C is altered by omitting "International obligations" and substituting "Reporting".

14 Subsection 69D(1)

   After "foreign country", insert "and upon payment of the prescribed fee (if any)".

15 After subsection 69D(1)

   Insert:

   (1A) If the NRA refuses to give a certificate under subsection (1), it must:

       (a) give written notice of its refusal to the person who applied for the certificate; and

       (b) include in the notice brief particulars of the reasons for the refusal.

      (1B) Application may be made to the Administrative Appeals Tribunal for review of a decision of the NRA refusing to give a certificate under subsection (1).

     (1C) A notice given under subsection (1 A) must include a statement to the effect that:

         (a) subject to the Administrative Appeals Tribunal Act 1975, application may be made by or on behalf of a person whose interests are affected by the decision to the Administrative Appeals Tribunal for a review of the decision to which the notice relates; and

         (b) unless subsection 28(4) of that Act applies, application may be made in accordance with section 28 of that Act by or on behalf of a person whose interests are affected by the decision for a statement in writing setting out the findings on material questions of