Agricultural and Veterinary Chemicals Legislation Amendment Act 2001

No. 83, 2001

An Act to amend legislation relating to agricultural and veterinary chemicals, and for related purposes

Contents

1 Short title...................................

2 Commencement...............................

3 Schedule(s)..................................

Schedule 1—Amendments relating to constitutional matters

Agricultural and Veterinary Chemicals Act 1994

Schedule 2—Amendment consequential on changed administrative law arrangements

Agricultural and Veterinary Chemicals Act 1994

Agricultural and Veterinary Chemicals Legislation Amendment Act 2001

No. 83, 2001

An Act to amend legislation relating to agricultural and veterinary chemicals, and for related purposes

[Assented to 11 July 2001]

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the Agricultural and Veterinary Chemicals Legislation Amendment Act 2001.

2  Commencement

 (1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.

 (2) Schedule 2 commences at the later of:

 (a) the time that is immediately after the commencement of item 2 of Schedule 1 to this Act; and

 (b) the time when Parts 4 to 10 of the Administrative Review Tribunal Act 2001 commence.

3  Schedule(s)

  Subject to section 2, each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Amendments relating to constitutional matters

Agricultural and Veterinary Chemicals Act 1994

1  Section 4

Insert:

confer, in relation to a duty, includes impose.

2  Section 18

Repeal the section, substitute:

18  Commonwealth authorities and officers

 (1) A corresponding law of a jurisdiction may confer duties, functions and powers in respect of any matter arising in relation to the applicable provisions of the jurisdiction:

 (a) upon the Administrative Appeals Tribunal; or

 (b) upon an inspector appointed under subsection 69F(1) of the Agricultural and Veterinary Chemicals (Administration) Act 1992; or

 (c) upon an analyst approved under section 69G of the Agricultural and Veterinary Chemicals (Administration) Act 1992.

Note: Subsection 7(2) of the Agricultural and Veterinary Chemicals (Administration) Act 1992 deals with functions and powers conferred on the NRA by State laws.

 (2) A corresponding law may confer such other duties, functions and powers as are prescribed upon authorities and officers of the Commonwealth.

 (3) In enacting subsections (1) and (2), it is the intention of the Parliament to rely on all powers available to it under the Constitution.

3  After section 18

Insert:

18A  Conferral of duties, functions and powers

 (1) To the extent that an authority or officer of the Commonwealth (including a Minister) has a duty, function or power that is conferred, or taken to be conferred, by a corresponding law:

 (a) that duty, function or power is not taken to be conferred by Commonwealth law; and

 (b) section 18 is not taken to authorise the conferral of the duty, function or power;

if the conferral or authorisation would contravene a constitutional doctrine restricting the duties that may be conferred on authorities or officers of the Commonwealth, or would otherwise exceed the legislative power of the Commonwealth.

 (2) If, to ensure the validity of the conferral of a duty, function or power purportedly conferred on an authority or officer of the Commonwealth (including a Minister) by a corresponding law, it is necessary that the duty, function or power be conferred by a law of the Commonwealth, rather than by a law of a State, the duty, function or power is taken to be conferred by this Act to the extent necessary to ensure that validity.

 (3) If, because of subsection (2), this Act is taken to confer a duty, function or power upon an authority or officer of the Commonwealth (including a Minister), it is the intention of the Parliament to rely on all powers available to it under the Constitution to support the conferral of the duty, function or power.

 (4) Subsections (2) and (3) do not limit section 18.

4  Application of amendment

The amendment made by item 2 of this Schedule applies in relation to matters arising before, on or after the commencement of that item.

Schedule 2—Amendment consequential on changed administrative law arrangements

Agricultural and Veterinary Chemicals Act 1994

1  Paragraph 18(1)(a)

Omit “Appeals”, substitute “Review”.