Agricultural and Veterinary Chemicals Code Amendment (Duration of Approvals and Registrations) Regulation 2014

Link to law: https://www.comlaw.gov.au/Details/F2014L00860

 
Agricultural and Veterinary Chemicals Code Amendment (Duration of Approvals and Registrations) Regulation 2014
 
Select Legislative Instrument No. 91, 2014
I, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation.
Dated 26 June 2014
Peter Cosgrove
Governor‑General
By His Excellency’s Command
Barnaby Joyce
Minister for Agriculture
  
  
Contents
1............ Name of regulation.............................................................................. 1
2............ Commencement................................................................................... 1
3............ Authority............................................................................................. 1
4............ Schedule(s)......................................................................................... 1
Schedule 1—Amendments                                                                                                3
Agricultural and Veterinary Chemicals Code Regulations 1995                      3
 
1  Name of regulation
                   This regulation is the Agricultural and Veterinary Chemicals Code Amendment (Duration of Approvals and Registrations) Regulation 2014.
2  Commencement
                   Each provision of this regulation specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
 
Commencement information

Column 1
Column 2

Provision(s)
Commencement

1.  Sections 1 to 4 and anything in this regulation not elsewhere covered by this table
The day after this regulation is registered.

2.  Schedule 1
Immediately after the commencement of Schedule 1 to the Agricultural and Veterinary Chemicals Legislation Amendment Regulation 2014.
However, the provision(s) do not commence at all if Schedules 1 and 2 to the Agricultural and Veterinary Chemicals Legislation Amendment (Removing Re‑approval and Re‑registration) Act 2014 commence at or before the time that Schedule commences.

3  Authority
                   This regulation is made under the following Acts:
                     (a)  the Agricultural and Veterinary Chemicals Code Act 1994;
                     (b)  the Agricultural and Veterinary Chemicals Legislation Amendment Act 2013.
4  Schedule(s)
                   Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Schedule 1—Amendments
  
Agricultural and Veterinary Chemicals Code Regulations 1995
1  Regulations 17A and 17B
Repeal the regulations, substitute:
17A  End dates for approvals of active constituents
             (1)  For the purposes of paragraph 19(2)(a) of the Code, this regulation prescribes the method by which the APVMA must work out the date an approval of an active constituent ends.
             (2)  Each approval of an active constituent must end on the last day of the same calendar month:
                     (a)  in which the approval took place; and
                     (b)  that is 15 years after that approval.
17B  Date after which registration of a chemical product cannot be renewed
             (1)  For the purposes of paragraph 20(2)(a) of the Code, this regulation prescribes the method by which the APVMA must work out the last renewal date for the registration of a chemical product.
             (2)  The last renewal date must be the last day of the same calendar month:
                     (a)  either:
                              (i)  if the last renewal date is entered in the Register when the product is registered—in which the registration took place; or
                             (ii)  if the last renewal date is entered in the Register when the relevant particulars or conditions of the registration are varied—in which the variation took place; and
                     (b)  that is 15 years after that registration or variation.
17BA  End dates for re‑approvals of active constituents
             (1)  For the purposes of paragraph 29J(2)(a) of the Code, this regulation prescribes the method by which the APVMA must work out the date the re‑approval of an active constituent ends.
             (2)  Each re‑approval of an active constituent must end on the last day of the same calendar month:
                     (a)  in which the re‑approval took place; and
                     (b)  that is 15 years after that re‑approval.
17BB  Date after which re‑registration of a chemical product cannot be renewed
             (1)  For the purposes of paragraph 29K(2)(a) of the Code, this regulation prescribes the method by which the APVMA must work out the last renewal date for the registration (as re‑registration) of a chemical product.
             (2)  The last renewal date must be the last day of the same calendar month:
                     (a)  in which the re‑registration took place; and
                     (b)  that is 15 years after that re‑registration.
17BC  Varying duration of approval of active constituents
             (1)  For the purposes of paragraph 34AE(2)(a) of the Code, this regulation prescribes the method by which the APVMA must vary the end date for the approval of an active constituent if the approval is affirmed on reconsideration.
             (2)  The end date must be the last day of the same calendar month:
                     (a)  in which the approval was affirmed; and
                     (b)  that is 15 years after that approval was affirmed.
17BD  Varying duration of registration of chemical products
             (1)  For the purposes of paragraph 34AE(2)(a) of the Code, this regulation prescribes the method by which the APVMA must vary the last renewal date for the registration of a chemical product if the registration is affirmed on reconsideration.
             (2)  The last renewal date must be the last day of the same calendar month:
                     (a)  in which the registration was affirmed; and
                     (b)  that is 15 years after that registration was affirmed.
2  Division 2.5 of Part 2
Repeal the Division.
3  Regulation 80
Insert:
commencement time means the time when item 1 of Schedule 1 to the Amendment Act commences.
4  Regulation 81
Repeal the regulation, substitute:
81  End dates and last renewal dates for existing approvals and registrations
             (1)  For the purposes of paragraph 51(3)(a) of Schedule 6 to the Amendment Act, this regulation prescribes the method by which the APVMA must work out the end date for an approval of an active constituent and the last renewal date after which registration of a chemical product cannot be renewed.
             (2)  The end date for an approval of an active constituent must be the last day of the same calendar month:
                     (a)  in which the approval took place; and
                     (b)  that is 15 years after the commencement time.
             (3)  The last renewal date for the registration of a chemical product must be the last day of the same calendar month:
                     (a)  in which the registration took place; and
                     (b)  that is 15 years after the commencement time.
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